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$1.00 Lesson 1 Fundamental Concepts
- From Law: General-Law
- Closed, but you can still post tutorials
- Due on Dec. 24, 2008
- Asked on Dec. 23, 2008 at 01:09:06AM
Q:EXAMINATION NUMBER:
40685600
1. Substantive criminal law pertains to
A. relationships between private citizens.
B. steps in processing criminal cases.
C. private wrongs resulting in damage to property.
D. minimum standards of behavior in society.
2. What is the function of the law of criminal procedure?
A. It defines the civil rights of persons whove been
damaged by the actions of others.
B. It governs the actions of judges only.
C. It outlines the steps in a criminal case.
D. It defines what conduct is unlawful.
3. The equal protection clause is found in the ______ amendment.
A. Fourth C. First
B. Fourteenth D. Eighth
4. The Latin phrase nulla poena sine lege means
A. no punishment without law.
B. overbroad statutes are unconstitutional.
C. after the fact.
D. a vague statute is void.
5. In both England and the United States, the early criminal law was almost exclusively
A. statutory. C. constitutional law.
B. common law. D. administrative regulations.
6. Which of the following is not a widely accepted purpose or goal of the criminal justice
system in the United States?
A. Give more power to private citizens
B. Deter potential criminals
C. Prevent crime
D. Rehabilitate criminals
7. Pauline is a California assistant district attorney assigned to prosecute a case against Max
the Ax Murderer Milano. If Pauline is unsure what, exactly, to charge him with, what
should she consult as her source for applicable crime?
A. The common law, because murder is a really old crime
B. Her states statutes, because most states have defined and codified modern crimes
C. Another attorney, because Pauline is new to the office
D. The investigator who arrested Max the Ax Murderer
8. The term ______ refers to the power of the states to legislate (within constitutional limits)to protect the public.
A. police power C. law enforcement delegation
B. regulatory authority D. due process
9. Two forms of actus reus are
A. act and intent.
B. recklessly and negligently.
C. commission and omission.
D. actual cause and proximate cause.
10. The mens rea element of a crime is the ______ element.
A. causation C. mental
B. physical D. concurrence
11. Danny Defendant was staggering down a public street. When a policeman approached and
asked for some identification, a small bag of marijuana fell out of Dannys pocket as he
reached for his fake ID. If Danny is charged with possession of narcotics, the best theory
under which to proceed is
A. constructive possession, because the marijuana was not on Dannys person when the
police arrested him.
B. sole possession, because Danny was alone.
C. actual possession, because Danny had immediate control over the marijuana.
D. rightful possession, because Danny was the owner of the bag.
12. The prosecution must prove a defendants guilt
A. to an absolute certainty.
B. by clear and convincing evidence.
C. beyond a reasonable doubt.
D. by a preponderance of evidence.
13. The term scienter means
A. actus reus. C. motive.
B. knowledge. D. negligence.
14. The highest degree of mental fault in crime is
A. intentionally. C. recklessly.
B. negligently. D. knowingly.
15. Asking or inciting another person to commit a crime is the anticipatory crime of
A. conspiracy. C. compounding.
B. solicitation. D. attempt.
16. Sherri the Sharpshooter was cleaning her prized pistol at the state fair in Oklahoma, when
it fired into the crowd of onlookers at the event. Fortunately, no one was injured, but when
the police arrived to investigate, Sherri was arrested for attempted murder. As her defense
attorney, you should assert that Sherri is not guilty because
A. she didnt know the gun was loaded.
B. cleaning a pistol is legal in Oklahoma.
C. no one was injured.
D. she did not have the specific intent to kill anyone.\
17. Peter was about to audition for a new reality TV show called, Who Wants to Marry a
Criminal? The required questionnaire indicated that only those previously convicted of the
highest classification of crime would be considered. If Peter is to have any hope of making
the cut, which crime must he have committed in his past?
A. Shoplifting, because stealing is a serious offense
B. Several traffic infractions, because this shows a pattern of bad behavior
C. A rape, because rape would most likely be considered a felony
D. Criminal contempt, because mouthing off to a judge is punishable by death
18. To be found guilty of any crime, the prosecution must prove a concurrence of act and
A. volition. C. motive.
B. intent. D. malice.
19. When prosecuting a crime, the state must prove the wrongful act was the ______ of the
resulting harm.
A. actus reus C. proximate cause
B. mens rea D. None of the above
20. Levy was a lawyer with an attitude.While pulling into the parking lot of this law firm, Levy
happened upon a law clerk who was parking in Levys favorite parking spot. Without warning,
Levy got out of his Lexus, pulled the clerk from his car and punched him in the nose.
The police arrived and arrested Levy for battery. While out on bail, Levy soon thereafter
received a summons that he was being sued in civil court for one million dollars in damages.
Should Levy answer the summons?
A. Yes, because Levy can be sued in both civil and criminal court for committing the same
wrong
B. Yes, because, as a lawyer, hes an officer of the court and is obligated to appear for
every summons received
C. No, because Levy may not be tried for the same offense twice
D. No, because to appear in civil court would violate Double Jeopardy
