Criminal Law Final Test Bank

1. The study of criminal law is the study of crimes, moral principles and common law. 2. An unwritten but generally known rule that governs serious violations of the social code is known as a: 3. "An act prohibited or an omission required by law" is our definition of: 4. Law that is legitimately created and enforced by gov- ernments is known as: 5. An individual, business or other legally recognized entity that commits a tort is known as a tortfeasor. 6. Criminal law that define crimes and specific punish- ments is known as: 7. A serious crime that is generally punishable by death or incarceration for more than one year is known as a: 8. Acts that are regarded, by tradition and convention, as in wrong in themselves are known as: 9. The latin term that means to stand by what has been decided or let the decision stand is: 10. The four crime classifications, modern style, dis- cussed in class were: property crimes, personal crimes, public order offenses and moral offenses. 11. The geographic district or subject matter over which the authority of a government body, especially a court, extends is known as: 12. There are three essential elements / aspects of a crime: a criminal act (actus reus), a culpable mental state (mens rea) and a concurrence of the two. True More A crime Positive Law True Substantive Law Felony Mala in se Stare decisis True Jurisdiction True 13. Actus Reus means: Guilty Act 14. Mens Rea means: Guilty Mind 15. The degree of blameworthiness assigned to a defen- dant by a criminal court and the concomitant extent to which the defendant is subject to penalties by the criminal law is called: 16. The Bill of Rights refer to the first 10 amendments to the U.S. Constitution, which were made part of the Constitution in 1791. Criminal Liability True 17. The Executive Branch makes the Law False 18. The Judicial Branch enforces the Law False 19. A person who happens to be a drug user can be arrested for being a drug user. 20. Possession with awareness of what one possesses is known as: 21. Possession in which one has direct control over the object or objects in question is: 22. The ability to exercise control over property or ob- jects, even though they are not in one's physical custody is known as: 23. Possession in which one may or may not be aware of what he or she possesses is: 24. The two forms of mens rea are general and specific intent. False Knowing posses- sion Actual possession Constructive pos- session Mere Possession True 25. The four states of mind discussed in class were: Purposeful, know- ing, reckless, neg- ligent 26. The Executive Branch interprets the law. False 27. The insanity defense is an actus reus defense. False 28. Corpus delecti translates to "the body of the crime". True 29. There are three components to corpus delecti: 1. a certain result has been produced, 2. a person is crim- inally responsible for it and 3. the required motive is present. 30. An actual link between an actor's conduct and a re- sult is known as: 31. A legally recognizable cause: the type of cause that is required to be demonstrated in court in order to hold an individual criminally liable for causing harm is known as: 32. The primary or moving cause that plays a substantial part in bringing about injury or damage that may be the first cause that sets in motion a string of events whose ultimate outcome is reasonably foreseeable is known as proximate cause. False Causation in Fact Legal Cause True 33. Necessary attendant circumstances refer to the facts True surrounding an event and includes things such as time and place. 34. Loss, disadvantage or injury or anything so regarded by the person affected, including loss, disadvantage or injury to any other person in whose welfare he or she is interested is known as: 35. The fact that behavior cannot be criminal if no law exists that both defines it as illegal and prescribes a punishment for it is known the principle of: Harm Legality 36. A latin term that means after the deed or after the fact False is "aftus deedus maximus". 37. Is a confession alone enough to convict a defendant? No, a confession must be corrobo- rated. 38. The double jeopardy clause means that you can't hold people criminally responsible for any particular crimes they've committed more than once. 39. In relation to the void for vagueness rule, the court that ruled " A statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at it's meaning was the 9th Circuit Court of Appeals. False False 40. The level of seriousness of an offense is known as a: Degree 41. An unfinished crime that generally leads to another crime is known as a: 42. The three types of inchoate crimes discussed in class were criminal attempt, criminal conspiracy and crim- inal jurisprudence. 43. Mere preparation to commit a crime is generally suf- ficient to constitute the crime of criminal attempt. 44. A legal test popular in England during the late 19th century which was abandoned amidst charges that the test made it impossible for law enforcement to prevent commission of a substantive crime is known as the: 45. Lying in wait, unlawful entry of a structure with the intent to commit a crime, possessing materials to be employed in a crime and reconnoitering a place contemplated for the commission of a crime are ex- amples of: 46. A defense to a charge of attempted criminal activity that claims the defendant could not have factually or Inchoate Crime False False Last Act Test Substantial Steps Impossibility legally committed the envisioned offense even if he or she had been able to carry through the attempt to do so is the defense of: 47. The three main elements for the crime of conspiracy are agreement between two or more people, 2. the intention to carry out an act that is unlawful or one that is lawful but is to be accomplished by unlawful means and 3. a culpable intent on the part of the defendants. 48. The logical / legal requirement that a conspiracy must involve two or more parties is known as the plurality requirement. 49. The encouraging, requesting or commanding anoth- er to commit a crime is known as: 50. A person whose acts directly resulted in the criminal conduct in question as discussed in class is the: 51. A person who is present at the crime scene and who aided, abetted, counseled or encouraged the princi- pal as discussed in class is known as: 52. The degree of criminal blameworthiness of one who aids, abets, encourages or assists another person in the commission of a crime is called accomplice liability. 53. Criminal liability placed on one party for the acts of another is known as: 54. The two main types of defenses discussed in class were: 55. The two forms of legal defenses discussed in class were: True True Criminal Solicita- tion Principal first de- gree Principal second degree True Vicarious liability Legal and Factual Justifications and excuses 56. False A justification defense is where the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law. 57. An answer to a criminal charge in which the defen- dant takes the offensive and responds to the alle- gations with his/her own assertions based on legal principles is known as: 58. A type of criminal defense that must be raised and supported by the defendant independently of any claims made by the prosecutor is known as: 59. A necessity defense is often available where an ac- tor commits a criminal act reasonably believing it to be necessary to do so to avoid the occurrence of a greater harm. 60. When a defendant admits to committing the act in question but claims is was necessary to avoid some greater evil is known as a: Affirmative de- fense Affirmative de- fense True Justification de- fense 61. Consent is which of the following types of defenses: Justification de- fense 62. Self-defense is based on the recognition that indi- viduals have the inherent right to protect themselves and that to reasonably defend oneself from unlawful attack is a natural response to threatening situations. 63. Bruno Mars watches Justin Timberlake unlawfully start a fight with Pharrel Williams. Pharrel Williams begins to get the best of Justin Timberlake, so Bruno Mars steps in to help Justin Timberlake. Bruno Mars may NOT escape criminal responsibility by claiming that his action was the legitimate defense of others. True True 64. Apparent danger A form of imminent danger that is said to exist when the conduct or activity of an attacker makes the threat of danger obvious as discussed in class is known as: 65. The degree of force that is appropriate in a given situation and is not excessive; the minimum degree of force necessary to one's self, one's property, a third party or the property of another in the face of a substantial threat as discussed in class is known as: 66. A rule that says a person can only defend a third party under circumstances and only to the degree that the third party could act is known as the: 67. An exception to the retreat rule that recognizes a person's fundamental rights to be in his or her own home and also recognizes the home as a final and inviolable place of retreat as discussed in class is known as the: 68. A defense to a criminal charge, such as assault, that is often codified and that precludes the possibility of police officers and other public employees from be- ing prosecuted when lawfully exercising their public duties is known as execution of public duty defense. Reasonable force Alter-ego rule Castle exception True 69. Most states have a "Fleeing Felon Rule" False 70. Justin Bieber kidnaps Katy Perry and John Mayer at gunpoint. Justin Bieber then drives them to a bank and tells John Mayer to go and rob the bank or else he will kill Katy Perry. John Mayer robs the bank. John Mayer's defense to a charge of bank robbery would be: 71. Lack of knowledge of some fact relating to the situa- tion at hand is known as: Duress Ignorance of fact 72. True Culpable ignorance is an individual's failure to exer- cise ordinary care to acquire knowledge of the law that may result in criminal liability. 73. A defense that is built on the assertion that, had it not been for government instigation, no crime would have occurred is known as: 74. A complex of signs and symptoms presenting a clin- ical picture of a disease or disorder as discussed in class is known as a: 75. A person is found competent to stand trial if, her or she, at the time of trial, has sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings. Entrapment Syndrome True 76. NGRI stands for: Not Guilty by Rea- son of Insanity 77. GBMI stands for guilty but mentally ill. True 78. All of the following are challenges to a successful insanity defense EXCEPT: 79. The time frame that competency to stand trial focuses on is the time of the crime. Time spent in court False 80. The Durham Rule is also known as the: Product rule 81. is the killing of a human being by the act, procurement, or omission of another human being. Homicide 82. Lilo stabs Stitch with a knife, hollering that she will kill Justifiable homi- 83. 83. Stitch. Stitch manages to pull a gun out of his pocket and shoots and kills Lilo before Lilo can stab Stitch a second time. Stitch has committed ? cide What is the legal definition of death today in most states in the United States? 84. Which of the following are considered elements of murder? 85. Which of the following statements is correct regard- ing the corpus delicti of death? 86. is the unlawful physical violence inflicted on another without their consent. 87. Effective Consent is consent that has been obtained in a manner. cessation of brain function An unlawful killing of a human being with malice afore- though Corpus delicti consists of a death of a human be- ing and the fact that the death was caused by a crim- inal act or agency or another person Battery Legal 88. What is battery? Intentional and of- fensive touching or wrongful physi- cal contact without consent 89. A person attempting an assault who has the immedi- ate ability to do so has the? 90. Sexual intercourse, whether consensual or not, with a person legally under age is: 91. Which of the following is a term used to describe the unlawful restraint by one person of another persons freedom of movement without that persons consent or legal justification? Present Ability Statutory Rape False Imprison- ment 92. Which of the following statements is correct regard- ing manslaughter? 93. Dr. Steven Hawking is famous for his connection to assisted suicides. 94. The discovery of the body of the murder victim is necessary to prove criminal homicide. 95. The three types of homicide discussed in class were justifiable, excusable and criminal. 96. The act of deliberating, meditating on or planning a course of actions, such as a crime is know as pre- meditation. 97. Murder for which the death penalty is authorized by law is known as a Major Offense. 98. The crime of mayhem is when a large group con- spires to cause damage. 99. Murder plus one or more aggravating factors as spec- ified by law is known as Aggravated Murder. 100. Vehicular homicide is the killing of a human being by the operation of a motor vehicle by another human being in a reckless manner likely to cause death of, or great bodily harm to, another. Voluntary manslaughter is the unlawful killing of a human being, without malice, that is done intentionally upon a sudden quarrel or in the heat of passion False False True True False False True True 101. Asportation The trespassory taking and carrying away( as of prop- erty in the crime of larceny or a person in the crime of kidnapping ) is known as: 102. Assault means? Attempted or threatened battery 103. The misappropriation of property already in the pos- session of the defendant is known as: 104. FedEx delivers a package containing an expensive space ray gun to Woodys house by mistake. The pack- age is addressed to Buzz Lightyear but the ray gun is really cool so Woody decides to keep it. Woody is guilty of larceny. 105. In cases of larceny, offenders gain possession of the property but not title to it. Embezzlement True True 106. The Rock owns a Rolex watch. That watch is: Personal property 107. The offering, passing, or attempted passing of a forged document with knowledge that the document is false and with the intent to defraud is known as: 108. Lindsay Lohan threatens to reveal to the media that Paris Hilton has actually read a book if Paris doesn't pay Lindsay $30,000. Paris pays Lindsay the money. Lindsay is guilty of: 109. Intellectual property is a form of creative endeav- or that can be protected through patent, copyright, trademark, or other legal means. Uttering Extortion True 110. Blackmail is a form of extortion. True 111. The intentional frightening of another through follow- ing, harassing, annoying, tormenting or terrorizing activities is know as: Stalking 112. Touching that is inferred or implied from prevailing circumstances is known as? 113. Battery committed with a deadly weapon, with inten- tion of committing another crime, or that results in serious injury is known as: Constructive Aggravated bat- tery 114. The rape of one's spouse is known as spousal rape. True 115. A defense against a charge of larceny that consists of an honest belief in ownership or right to possession is known as finders keepers defense. 116. Property that has physical form and can be touched, such as land, goods, jewelry, and furniture, also, mov- able property that can be taken and carried away is known as: 117. The unauthorized assumption of the right of owner- ship is known as? 118. Identity theft is becoming the most important new theft crime of the 21st century. 119. The intentional or knowing damage or destruction of the tangible property of another is known as crimi- nal?: 120. Crimes of theft are sometimes called inquisitive of- fenses. 121. A USGA meeting is held to decide on installing 42" flat screen televisions in all student housing, both on and off campus. A small flash mob of USGA members opposed to this idea launch into a Red Bull fueled rendition of Bruno Mar's "Uptown Funk" at the top of their lungs to interrupt the meeting. Their offense would be: False Tangible Conversion True Mischief False Disturbing a public assembly 122. Rout Which of the following is the correct term used for the preparatory stage of a riot? 123. Crimes against the administration of government in- clude: 124. Sedition consists of communication or agreement intended to defame the government or incite treason. 125. Espionage is the willful giving of false testimony un- der oath in a judicial proceeding. 126. A public official who commits misconduct in office by doing something he/she has no right to do is guilty of: 127. Which of the following is NOT considered a crime against the administration of government? 128. During his court appearance for throwing eggs at his neighbors house, Justin Beiber hurls some eggs in the courtroom which disrupts the proceedings. The Beibs has committed criminal contempt. 129. Sarah Palin stands outside of the Supreme Court of the United States using a bullhorn to scream that she can still see Russia from her house and interrupts the case being heard inside. Sarah Palin has committed: 130. Fighting words are protected by the free speech clause in the 1st Amendment. Perjruy True False Malfeasance Extortion True Obstruction of jus- tice False 131. The commission of traditional crime, such as murder, Terrorism with the intention of coercing a population or influ- encing a government through fear or intimidation is known as: 132. Which of the following is the only crime mentioned in the U.S. Constitution? Treason 133. A formal written order issued by a body with admin- istrative or judicial jurisdiction is know as a: 134. The U.S. Patriot act was passed in response to the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma. 135. One of the common elements to the crime of terror- ism is that a death must result. 136. Illegal immigration in which an agent is paid to help a person cross the border clandestinely is called: 137. The Trafficking Victims Reauthorization Act of 2003 (TVPA) is a: 138. Pit Bull tells One Direction he can help sneak them into America from the U.K. illegally because their singing is so bad they couldn't get a work visa and he promises them safe passage and a good job. Once Pit Bull gets them into the U.S., he forces them to work against their will as Starbucks barristas. Pit Bull is guilty of: Writ False False Human smuggling Federal statue Trafficking in per- sons 139. Habeas Corpus means body of the crime. False 140. The exploitation of unwilling or unwitting people through force, coercion, threat or deception is known as T.I.P.. 141. An offense committed against the social values and interests represented in and protected by criminal law and in which parties to the offense willingly par- ticipate is called: 142. Which of the following may be defined as "that which appeals to the prurient interest and lacks serious literary, artistic, political or scientific value? True Victimless crime Obscenity 143. Incest The term used when someone has sexual relations with a relative through blood or marriage such as ones brother, sister, father, mother is known as: 144. The term lascivious refers to uncontrolled gambling behavior. 145. Polygamy is unlawful sexual intercourse with a rela- tive by blood or marriage. 146. L.A. cops pull over Seth Rogan and James Franco and after a cloud of smoke exits the car window, inside they observe mass quantities of a green, leafy substance defined as a bioactive or psychoactive chemical substance that comes under the purview of the criminal law, the cops are observing a: 147. A section of the Federal Crime Control Act used often in large narcotics investigations mentioned in class is known as? 148. The word drug is a generic term applicable to a wide variety of substances that have any physical or psy- chotropic effect on the human body. 149. Soliciting a person to perform an act of prostitution is also known as: 150. Crimes against public decency have specific and identifiable victims. 151. A survey conducted annually by the Bureau of Jus- tice Statistics that provides information on house- holds that report being affected by crime is the: 152. Which of the following was an historical epoch during which victims had well recognized rights, including a personal say in imposing punishments of offenders? False False Controlled sub- stance R.I.C.O True Pandering False N.C.V.S Golden Age of the Victim 153. True Notoriety for Profit laws are also known as "Son of Sam" laws. 154. Problems that follow from initial victimization are referred to as post-crime victimizations and/or sec- ondary victimizations. 155. A victim is anyone who complains about a crime that has been committed. 156. There was a renewed interest in the victims of crime and laws designed to compensate victims of crime in the: 157. A court requirement that a convicted offender pay money or provide services to the victim of a crime or provide services to the community is known as: 158. Justin Bieber has been convicted and found guilty of having feloniously worn his pants way too low making millions of people traumatized and was sen- tenced to serve five years in prison. While in prison he films a music video about his vertically challenged pants but is prevented from making a profit from it by: 159. In court use of victim or survivor supplied informa- tion by sentencing authorities who want to make an informed sentencing decision is called a restitution statement. 160. Regardless of the personal and property dimensions of crime, which are separate, chargeable offenses, the crime of terrorism is defined by its public nature. True False 1960's Restitution Son of Sam Laws False True