Criminals

Resolved Question:

1 Marks: 2 According to the New York Jury Instructions, the law requires the People to prove a defendant guilty beyond all possible doubt Choose one answer. a. true b. false Question 2 Marks: 2 Actus Reus is a term that means Choose one answer. a. Intent b. Negligence c. Trespatory Taking d. Guilty Act Question 3 Marks: 2 Ala. Code §12-15-34(d) lists 6 factors in assessing transferability of a juvenile case to an adult case. Which of the following is not a factor? Choose one answer. a. nature of the present offense b. child’s prior record c. demeanor d. location of the offense Question 4 Marks: 2 All criminal laws have been codified Choose one answer. a. False b. True Question 5 Marks: 2 An inference is Choose one answer. a. always unconstitutional b. a permissive presumption c. a mandatory presumption d. a conclusive presumption Question 6 Marks: 2 Boswell is charged with a misdemeanor. He may be sentenced for his crime with incarceration for a length of up to Choose one answer. a. 5 – 15 years b. 3 years c. 1 year d. 15 years Question 7 Marks: 2 Cage v. Louisiana was a United State Supreme Court case examining instructions on which of the following Choose one answer. a. a definition for reasonable doubt b. Ex Post Facto c. A and B d. None of the above Question 8 Marks: 2 Changes in the law favoring the Defendant can be applied retroactively. Choose one answer. a. True b. False Question 9 Marks: 2 Ex Post Facto laws are Choose one answer. a. forbidden b. encouraged c. formed in anticipation of an upcoming event d. aimed at repeat traffic violators Question 10 Marks: 2 Generally, an omission or failure to act is not a basis for criminal liability. Choose one answer. a. True b. False 11 Marks: 2 If a jury is required to find Fact B if it found Fact A, it is considered an example of which of the following Choose one answer. a. conclusive presumption b. unconstitutional c. inference d. permissive presumption Question 12 Marks: 2 If a person is unable to ascertain that his conduct is forbidden by law, that law is considered unconstitutional due to Choose one answer. a. ex Post Facto b. vagueness c. contradiction d. abandonment Question 13 Marks: 2 If the government initiates the crime and the defendant was not predisposed to commit said crime, the defense would be Choose one answer. a. entrapment b. duress c. insanity d. infancy Question 14 Marks: 2 In a criminal case, most issues relevant to the criminal liability must be established, by the State by which of the following Choose one answer. a. beyond a reasonable doubt b. by a preponderance of the evidence c. more likely than not d. clear and convincing Question 15 Marks: 2 In a criminal case, the Burden of Proof lies with the Defendant. Choose one answer. a. false b. true Question 16 Marks: 2 In Patterson v. New York, 432 U.S. 197 (1977), the US Supreme Court held that it was unconstitutional for the Defendant to be required to prove an affirmative defense. Choose one answer. a. true b. false Question 17 Marks: 2 In the case of Hampton v. United States, 425 U.S. 484 (1976) the Defendant’s conviction was reversed by the US Supreme Court due to excessive governmental involvement in the crime Choose one answer. a. True b. False Question 18 Marks: 2 Inchoate crimes include each of the following except Choose one answer. a. Attempted Murder b. Conspiracy c. Negligence – Inchoate crimes are defined as acts that imply an inclination to commit a crime that is never completed. d. Solicitation Question 19 Marks: 2 Malum In Se is: Choose one answer. a. immoral in its nature and injurious in its consequences b. an insanity defense c. entrapment d. the intent to commit a criminal act Question 20 Marks: 2 Malum Prohibitum is: Choose one answer. a. a wrong in itself b. a legislatively prohibited wrong c. a law against drinking d. a bad or invalid custom 21 Marks: 2 Mistake of the law is an absolute defense. Choose one answer. a. True b. False Question 22 Marks: 2 Most courts, in a defense based on duress, require which of the following Choose one answer. a. a threat of death or serious bodily harm usually to the Defendant himself b. severe depression c. loss of employment d. none of the above Question 23 Marks: 2 Necessity differs from duress in that Choose one answer. a. defendant’s conduct is usually precipitated by natural forces rather than human forces b. defendant’s conduct is based on a compulsion c. defendant’s actions are based on human forces rather than natural forces d. none of the above Question 24 Marks: 2 Strict Liability and Vicarious Liability are examples of Choose one answer. a. Liability without Fault b. Felonies c. Misdemeanors d. Crimes justified by the 8th Amendment of the US Constitution Question 25 Marks: 2 Strict Liability crimes require mens rea. Choose one answer. a. True b. False Question 26 Marks: 2 The defense of involuntary intoxication is similar to Choose one answer. a. insanity b. voluntary intoxication c. self defense d. necessity Question 27 Marks: 2 The general rule is that a person can use whatever force, short of deadly force, reasonably appears to be necessary to protect the property and/or prevent the crime Choose one answer. a. True b. False Question 28 Marks: 2 The Model Penal Code rejects the traditional terminology of which of the following? Choose one answer. a. “specific intent” and “general intent” b. crime c. punishment d. Strict Liability Question 29 Marks: 2 The M’Naghten test is employed to ascertain which of the following Choose one answer. a. entrapment b. insanity c. blood type d. propensity Question 30 Marks: 2 The M’Naghton Test is often employed in determining Choose one answer. a. paternity b. mental capacity to distinguish right from wrong c. proximate cause d. self-defense 31 Marks: 2 The reason the burden of proof is so high in a criminal trial is Choose one answer. a. We are more concerned with what happens in a civil case b. Most people don’t consider incarceration free room and board c. Prosecutor’s appreciate the challenge d. Society’s belief that we do more harm by convicting an innocent person than we do by acquitting one who is guilty Question 32 Marks: 2 The subjective intent to commit an act that is against the law is known as Choose one answer. a. criminal intent b. specific intent c. general intent d. common intent Question 33 Marks: 2 The Supreme Court defines an Ex Post Facto law as Choose one answer. a. A law that aggravates a crime or makes it greater than when it was when committed b. A law that retroactively deems an act a criminal act c. A and B d. None of the above Question 34 Marks: 2 Under Cal. Penal Code § 211-215, Robbery is classified as which of the following? Choose one answer. a. misdemeanor b. felony c. tort d. capital crime Question 35 Marks: 2 Under Cal. Penal Code § 25-29, which of the following IS considered CAPABLE of committing a crime? Choose one answer. a. Persons who committed the act charged without being conscious thereof. b. Children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness. c. Persons operating a motor vehicle while working in a governmental capacity. d. Idiots Question 36 Marks: 2 Under Cal. Penal Code § 653.20, Loitering for the Purposes of Engaging in a Prostitution Offense is classified as which of the following? Choose one answer. a. tort b. felony c. misdemeanor d. capital crime Question 37 Marks: 2 Under the Model Penal Code which of the following is not one of the four separately recognizable states of mind regarding intent? Choose one answer. a. Purposefully b. Knowingly c. Negligently d. Intentionally Question 38 Marks: 2 Usually, actus reus and mens rea occur Choose one answer. a. concurrently b. at least one day apart c. unintentionally d. vicariously Question 39 Marks: 2 Voluntary Intoxication is an absolute defense Choose one answer. a. True b. False Question 40 Marks: 2 When the burden of proof is shifted to the Defendant the standard of proof is usually Choose one answer. a. beyond a reasonable doubt b. by a preponderance of the evidence c. clear and convincing d. none of the above 41 Marks: 2 Which Amendment in the Bill of Rights limits punishment? Choose one answer. a. 1st Amendment b. 3rd Amendment c. 8th Amendment d. 6th Amendment Question 42 Marks: 2 Which case in your reading dealt with the Supreme Court’s upholding of a victimless crime Choose one answer. a. People v. Griswold b. Bowers v. Hardwick c. Payne v. Tenessee d. A and B Question 43 Marks: 2 Which of the following carries with it a potential sentence of over one year of incarceration? Choose one answer. a. misdemeanor b. felony c. violation d. conviction Question 44 Marks: 2 Which of the following could negate criminal liability? Choose one answer. a. Mistake of Fact b. Attempt c. Merger d. Proximate Causation Question 45 Marks: 2 Which of the following defenses allows a person to use whatever force reasonably appears to be necessary to prevent the immediate unlawful imposition of harm to himself Choose one answer. a. insanity b. intoxication c. self-defense d. all of the above Question 46 Marks: 2 Which of the following is a legal device employed by courts to justify convicting someone who intends to harm one but, in fact, harms another? Choose one answer. a. Liability without fault b. Limitations on Liability c. Transferred Intent d. Model Penal Code Question 47 Marks: 2 Which of the following is generally a necessary element of actus reus? Choose one answer. a. Insanity b. Injury c. Self-Defense d. Voluntariness Question 48 Marks: 2 Which of the following is not a presumption or inference, as defined in your reading? Choose one answer. a. Permissive Presumption b. Opinion Presumption c. Conclusive Presumption d. Mandatory Presumption Question 49 Marks: 2 Which of the following is not a purpose of punishment? Choose one answer. a. deterrence b. restraint c. reformation/rehabilitation d. disproportionality Question 50 Marks: 2 Which of the following is not one of the types of unlawful killings frequently classified as manslaughter? Choose one answer. a. killings perpetrated in the heat of passion b. killings resulting from outrageously reckless conduct c. killings arising out of the perpetration of particular misdemeanors d. killings caused out of general recklessness

 

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