Marks: 2
A person can be prosecuted for both an attempt and the completed crime.
Choose one answer.
| a. False | ||
| b. True |
Question 2
Marks: 2
According to Hicks v. U.S.,150 U.S. 442 (1893)one can be held criminally liable by “merely speaking words of encouragement.”
Choose one answer.
| a. True | ||
| b. False |
Question 3
Marks: 2
According to MPC §1.07, conspirators in a completed crime may be punished for the conspiracy, as well as the completed crime.
Choose one answer.
| a. True | ||
| b. False |
Question 4
Marks: 2
According to your reading, in some states it is a more serious offense to break into a car and steal a tape player than it is to steal the entire car.
Choose one answer.
| a. false | ||
| b. true |
Question 5
Marks: 2
According to your reading, the charge of forgery includes each of the following elements except
Choose one answer.
| a. the false making or altering | ||
| b. of a legally significant instrument | ||
| c. with intent to defraud | ||
| d. a court of law or financial institution |
Question 6
Marks: 2
According to your reading, the legal term of art most often employed to distinguish murder from manslaughter is
Choose one answer.
| a. causation | ||
| b. vicarious liability | ||
| c. burden of proof | ||
| d. malice aforethought |
Question 7
Marks: 2
According to your reading, the Model Penal Code considers the solicitor to be as dangerous as the perpetrator of the completed crime.
Choose one answer.
| a. false | ||
| b. true |
Question 8
Marks: 2
According to your reading, the problems with corporate criminal liability include
Choose one answer.
| a. Determining who to charge | ||
| b. determining punishment | ||
| c. the wording of criminal statutes | ||
| d. all of the above |
Question 9
Marks: 2
Although they are similar, embezzlement differs from larceny in which of the following ways?
Choose one answer.
| a. embezzlement requires asportation | ||
| b. the claim of right defense is generally not applicable to larceny | ||
| c. embezzlement does not require intent | ||
| d. none of the above |
Question 10
Marks: 2
An aider and abettor or accessory before the fact must
Choose one answer.
| a. be a principal of the crime | ||
| b. discourage the commission of the crime | ||
| c. solicit the commission of the crime | ||
| d. aid or encourage the commission of a crime |
11
Marks: 2
An effective abandonment defense to aiding and abetting, or to accessory before the fact, will
Choose one answer.
| a. vary with aid | ||
| b. depend on the type of solicitation made | ||
| c. all of the above | ||
| d. none of the above |
Question 12
Marks: 2
Assault and battery are
Choose one answer.
| a. civil torts, not crimes | ||
| b. handled the same in all jurisdictions | ||
| c. handled the same in civil and criminal proceedings | ||
| d. handled differently from jurisdiction to jurisdiction |
Question 13
Marks: 2
At Common Law, which of the following elements is not accurate regarding the crime of Burglary?
Choose one answer.
| a. Trespassory breaking and entering | ||
| b. Of the dwelling of another | ||
| c. In the nighttime | ||
| d. With the intent to commit a misdemeanor |
Question 14
Marks: 2
Bill says to John, “Give me $50 right now, or the next time I see you I’ll slice your nostrils with a razor blade.” Bill is most likely guilty of
Choose one answer.
| a. robbery | ||
| b. extortion | ||
| c. A and B | ||
| d. None of the above |
Question 15
Marks: 2
Bill sees a $100 bill lying on the front seat of his friend’s car. He takes the car and the money to the racetrack, intending to return both. After winning $1,000, on a bet he placed using his friend’s $100, he returns the car to its original location and, in gratitude, leaves his friend $200. Bill could be convicted of
Choose one answer.
| a. larceny of the money only | ||
| b. larceny of the car only | ||
| c. larceny of the money and the car | ||
| d. nothing |
Question 16
Marks: 2
Billy writes a check on his bank account, even though he knows there are insufficient funds to cover the amount of the check. He may be guilty of
Choose one answer.
| a. forgery | ||
| b. obtaining property by false pretenses | ||
| c. embezzlement | ||
| d. none of the above |
Question 17
Marks: 2
According to your reading, the Model Penal Code promotes:
Choose one answer.
| a. abolition of degrees of murder, in favor of a series of mitigating circumstances to be employed as factors in assessing punishment | ||
| b. a single sentence for murder, no matter what the degree onal degrees of murder | ||
| c. abolishing the murder charge entirely, in favor of additional degrees of manslaughter | ||
| d. abolition of the manslaughter charge, in favor of additional degrees of murder |
Question 18
Marks: 2
Conspiracy requires which of the following elements?
Choose one answer.
| a. actus reus and mens rea | ||
| b. mens rea | ||
| c. mens rea and completion of the act | ||
| d. actus reus |
Question 19
Marks: 2
Degrees of Robbery usually depend on
Choose one answer.
| a. value of property | ||
| b. the amount of force used | ||
| c. the amount of force threatened | ||
| d. a and c | ||
| e. b and c |
Question 20
Marks: 2
Generally speaking, an attempt is which of the following?
Choose one answer.
| a. the unintentional engagement in conduct that, if continued, would constitute a crime | ||
| b. a substantial but unsuccessful effort to commit a crime | ||
| c. the preparation toward commission of a crime | ||
| d. none of the above |
21
Marks: 2
If involuntary abandonment occurs prior to the completion of a crime, the defendant can not be charged with attempt of the crime.
Choose one answer.
| a. True | ||
| b. False |
Question 22
Marks: 2
If John unintentionally burns down a house while burglarizing it, he would be charged under the Felony Arson rule.
Choose one answer.
| a. false | ||
| b. true |
Question 23
Marks: 2
In a larceny case, the value of the property may be significant because
Choose one answer.
| a. most states increase the degree of larceny based on the value of the property | ||
| b. most states won’t prosecute for the theft of property valued below $ 25 | ||
| c. most states won’t prosecute for the theft of property valued below $ 150 | ||
| d. most states won’t prosecute for a theft of service |
Question 24
Marks: 2
In a murder statute the term “willful” is used to describe a specific intent to kill.
Choose one answer.
| a. true | ||
| b. false |
Question 25
Marks: 2
In a rape case, “inability to consent” may be based upon which of the following
Choose one answer.
| a. effect of drugs | ||
| b. effect of alcohol | ||
| c. unconsciousness | ||
| d. all of the above |
Question 26
Marks: 2
In a statutory rape case, which of the following is normally true?
Choose one answer.
| a. the defendant must be underage | ||
| b. the victim must have lied about his or her age | ||
| c. the defendant must have knowledge that the victim was underage | ||
| d. the defendant need not have knowledge that the victim was underage |
Question 27
Marks: 2
In addition to the “but for” test, the state would also want to establish that the defendant’s actions were the proximate cause of death.
Choose one answer.
| a. true | ||
| b. false |
Question 28
Marks: 2
In most jurisdictions, the punishment for an attempt to commit a crime is normally which of the following?
Choose one answer.
| a. more severe than that imposed for the commission of the crime | ||
| b. equal to that imposed for the commission of the crime | ||
| c. not punishable | ||
| d. less severe than that imposed for the commission of the crime |
Question 29
Marks: 2
Involuntary manslaughter usually requires
Choose one answer.
| a. more than one actor | ||
| b. intent to cause the outcome prohibited by law | ||
| c. recklessness or gross negligence | ||
| d. felony murder |
Question 30
Marks: 2
It is possible to be both a principal and an accessory before or after the fact.
Choose one answer.
| a. True | ||
| b. False |
31
Marks: 2
Many states have different degrees of manslaughter. Frequently, they are divided into which of the following?
Choose one answer.
| a. murder and manslaughter | ||
| b. 1st degree murder and 2nd degree murder | ||
| c. voluntary manslaughter and involuntary manslaughter | ||
| d. 2nd degree murder and involuntary manslaughter |
Question 32
Marks: 2
Mr Brown throws a torch inside a house at precisely the same time the house is struck by lightning. The torch flickers and goes out while the lightning strike results in a fire that burns the house to the ground. Mr. Brown would most likely be found
Choose one answer.
| a. guilty of arson | ||
| b. guilty of attempted arson | ||
| c. guilty of neither charge | ||
| d. guilty of both charges |
Question 33
Marks: 2
In reaching your conclusion for the scenario above, which of the following factors is pertinent to the charge?
Choose one answer.
| a. causation | ||
| b. solicitation | ||
| c. intent | ||
| d. none of the above |
Question 34
Marks: 2
Receiving stolen goods
Choose one answer.
| a. is a form of aggravated accessory after the fact to larceny | ||
| b. is usually punished as seriously as larceny | ||
| c. requires that the receiver knows or believes that the goods are stolen | ||
| d. all of the above |
Question 35
Marks: 2
Robbery is larceny from a person by force or threat of immediate force.
Choose one answer.
| a. True | ||
| b. False |
Question 36
Marks: 2
Statutory rape is generally a strict liability offense.
Choose one answer.
| a. true | ||
| b. false |
Question 37
Marks: 2
The act of deliberately encouraging, requesting or advising another to undertake or join in the commission of a criminal act is known as:
Choose one answer.
| a. solicitation | ||
| b. conspiracy | ||
| c. all of the above | ||
| d. none of the above |
Question 38
Marks: 2
The elements of attempt include which of the following?
Choose one answer.
| a. specific intent | ||
| b. an overt act toward commission | ||
| c. failure to complete the crime | ||
| d. all of the above |
Question 39
Marks: 2
The “intent to accomplish the precise act which the law prohibits” is the definition for which of the following?
Choose one answer.
| a. specific intent | ||
| b. general intent | ||
| c. attempt | ||
| d. transferred intent |
Question 40
Marks: 2
There is no such thing as a crime called “attempt” in and of itself.
Choose one answer.
| a. False | ||
| b. True |
41
Marks: 2
Which of the following is an example of asportation?
Choose one answer.
| a. the movement of a wallet by a pick-pocket | ||
| b. the starting of a car engine by a car thief | ||
| c. all of the above | ||
| d. none of the above |
Question 42
Marks: 2
Which of the following is an exception to the “but for” test, as used by the State to prove causation in charges involving an intentional killing?
Choose one answer.
| a. the victim dies 1 year and 1 day after the event | ||
| b. an automobile is involved | ||
| c. two forces, each capable of causing death, occur simultaneously and each inflicts injury | ||
| d. none of the above |
Question 43
Marks: 2
Which of the following is not a necessary element of larceny?
Choose one answer.
| a. a trespassory taking and carrying away | ||
| b. of the valuable personal property of another | ||
| c. through the use of threats or coercion | ||
| d. with intent to permanently deprive the person entitled to possession |
Question 44
Marks: 2
Which of the following is not considered an inchoate crime?
Choose one answer.
| a. solicitation | ||
| b. conspiracy | ||
| c. abandonment | ||
| d. none of the above |
Question 45
Marks: 2
Which of the following is not considered an inchoate crime?
Choose one answer.
| a. attempted murder | ||
| b. solicitation | ||
| c. conspiracy | ||
| d. none of the above |
Question 46
Marks: 2
Which of the following standards is often employed in order to ascertain whether or not a defendant killed “in the heat of passion” and whether or not the provocation was adequate from an objective vantage point?
Choose one answer.
| a. unreasonable person | ||
| b. reasonable person | ||
| c. third party induction | ||
| d. third party deduction |
Question 47
Marks: 2
Which of the following statements is not true?
Choose one answer.
| a. larceny by trick requires mere possession | ||
| b. larceny by trick leaves the defrauded owner with “constructive possession” | ||
| c. the crime of false pretenses is complete upon obtaining title | ||
| d. the crime of false pretenses requires subsequent disposition of the property |
Question 48
Marks: 2
Which of the following states that two parties cannot be charged with conspiracy to commit a crime which requires a third party?
Choose one answer.
| a. Unilateral rule | ||
| b. Bilateral rule | ||
| c. Wharton rule | ||
| d. M’Naghton test |
Question 49
Marks: 2
Which of the following was a possible common law defense to a charge of attempting to commit a crime?
Choose one answer.
| a. factual impossibility but not legal impossibility | ||
| b. legal impossibility but not factual impossibility | ||
| c. tort | ||
| d. solicitation |
Question 50
Marks: 2
“Willful, deliberate and premeditated” are frequently used in statutes to elevate
Choose one answer.
| a. involuntary manslaughter to voluntary manslaughter | ||
| b. 2nd degree murder to 1st degree murder | ||
| c. 1st degree murder to 2nd degree murder | ||
| d. murder to manslaughter |
