If Ron goes to Home Depot and buys rope, cinder blocks, a shovel, and rat poison intending to kill his neighbor and throw his body in a river, but he gets caught by police before he can kill his neighbor, which of the following crimes, if any, has he committed?

Question 1          If Ron goes to Home Depot and buys rope, cinder blocks, a shovel, and rat poison intending to kill his neighbor and throw his body in a river, but he gets caught by police before he can kill his neighbor, which of the following crimes, if any, has he committed?

 

murder

 

attempted murder

 

assault

 

no crime

 

Question 2          If Dalia wants her husband out of her life but would like his life insurance money and she hires a hitman to take him out, what crime, if any, has she committed?

 

murder

 

attempted murder

 

solicitation to commit murder

 

no crime

 

Question 3          Which of the following statements is not protected by the First Amendment?

 

Writing an editorial that you are against legalizing marijuana

 

Yelling “fire” in a crowded movie theater

 

Speaking out against the right to bear arms

 

Protesting the death penalty

 

Question 4          Today, nearly every jurisdiction punishes

 

all principals and accessories equally.

 

principals equally, accessories equally, but principals differently from accessories.

 

all principals and accessories before the fact equally and accessories after the fact

 

different from all others.

 

all four types of principals and accessories differently.

 

Question 5          Which of the following tests is not used to determine whether an act is close enough to completion to permit an attempt conviction?

 

final step test

 

proximity test

 

res ipsa loquitur test

 

substantial step test

 

Question 6          Under the Model Penal Code, the mens rea of attempt is

 

purposeful.

 

knowing.

 

negligent.

 

A and B.

 

Question 7          Frank wants to rob a liquor store but is afraid to do it alone. He gets his friend Bert to agree to help him, with an understanding that they will split the proceeds 50/50. What crime, if any, have Frank and Bert committed?

 

 robbery

 

attempted robbery

 

conspiracy to commit robery

 

no crime

 

Question 8          At common law, a person who helped a fugitive from justice hide from law enforcement was guilty of being

 

an accessory before the fact.

 

an accessory after the fact.

 

a principal in the first degree.

 

both B and C.

 

Question 9          Which of the following sources of law contains the elements or requirements needed to show a person committed an act against the accepted societal norms?

 

criminal law

 

criminal procedure

 

constitutional law

 

law and society

 

Question 10        The Model Penal Code

 

is the penal law of the United States.

 

is a code drafted by scholars with the hope that the states would consider adopting it.

 

is a code drafted by the New York legislature that has been adopted by many

 

other states.

 

is a code drafted by scholars for use in academic settings only.

 

Question 11        If Van Gogh got upset one day while painting a portrait, and in his angered state he walked up to his model and cut her ear off, what crime would he have been charged with under the common law?

 

mayhem.

 

assault.

 

battery.

 

no crime.

 

Question 12        Which of the following statements about the common law is not true?

 

We inherited some of it from English common law.

 

The common law is the oldest form of law in the United States and may be changed by legislative command or constitutional provision.

 

It is based in part on custom and practices.

 

It is codified in statutory law.

 

Question 13        What is the source of most penal law today?

 

Constitution of the United States

 

constitutions of the states

 

federal statutes

 

state statutes and local ordinances

 

Question 14        Which of the following describes the explanation for “why” a person committed a crime rather than whether the person had the criminal intent to commit that crime?

 

 actus reus

 

motive

 

mens rea

 

vicarious liability

 

Question 15        Under the Model Penal Code, which of the following states of mind never satisfies the mens rea requirement for murder?

 

purposeful

 

reckless

 

negligent

 

knowing

 

Question 16 One reason why the United States Supreme Court may grant certiorari is __________.

 

impeachment

 

disagreement within the circuits

 

judicial review

 

jurisdiction

 

Question 17        When Frank uses his iPad to send his ex-girlfriend harassing emails even though she has asked him to stop, he may be committing the crime of

 

 assault.

 

cyber stalking.

 

identity theft.

 

uttering.

 

Question 18        Deliberation and premeditation are required elements of first-degree murder.

 

True

 

False

 

Question 19        The way that a corporation can be culpable for criminal acts is by this type of liability:

 

Corporate.

 

Business.

 

Alter ego.

 

Vicarious.

 

Question 20        Asportation (moving the item) refers to the mens rea element of the theft crimes.

 

                True

 

                False

 

Question 21        Mere mental planning to commit a crime is insufficient to prove attempt.

 

                True

 

                False

 

Question 22 Manuel hired Tera to kill Manuel’s boss. Manuel and Tera have been charged with conspiracy to murder. The actus reus of the crime is the act of attempting to kill the boss.

 

                True

 

                False

 

Question 23        Inchoate crimes refer to crimes involving more than one criminal.

 

                True

 

                False

 

Question 24        A crime must be completed to convict one defendant of soliciting the aid of another defendant in the commission of the crime.

 

                True

 

                False

 

Question 25        There are times when a duty to act in an emergency situation can be imposed by virtue of a statute, contract, or relationship.

 

                True

 

                False

 

Question 26        Under the felony murder doctrine, a defendant who does not intend to kill somene can be charged with murder if a death results during the commission of a felony.

 

                True

 

                False

 

Question 27        Statutory law is the highest form of law.

 

                True

 

                False

 

Question 28        Ordinances are written laws of municipalities.

 

                True

 

                False

 

Question 29        The Constitution is an important source in defining what behavior is criminal.

 

 

 

                True

 

                False

 

Question 30        The common law is the same in every state.

 

                True

 

                False

 

Question 31        Stare Decisis is a Latin phrase meaning that decisions in one case should be “precedent” for future cases.

 

                True

 

                False

 

Question 32        If a person is criminally negligent and as a result another person dies, the correct charge would be involuntary manslaughter.

 

                True

 

                False

 

Question 33        A defense attorney has an ethical obligation to represent a client zealously, even if the client has committed a horrendous crime.

 

                True

 

                False

 

Question 34        Transferred intent refers to a situation in which one individual harms someone other than the intended victim but is still held culpable.

 

                True

 

                False

 

Question 35        Every element of a crime must be proven beyond a reasonable doubt for a defendant to be convicted.

 

                True

 

                False

 

Question 36        Generally, all crimes must have two basic elements: a mental element (mens rea) and a physical element (actus reus).

 

                True

 

                False

 

Question 37        Strict liability offenses are those that require no proof of a mens rea.

 

 

 

 

 

                True

 

                False

 

Question 38        Concurrence refers to the joining of mens rea and actus reus.

 

                True

 

                False

 

Question 39        If a person purposefully has sex with another knowing s/he has a communicable disease like AIDS, the person still cannot be charged with attempted murder because the victim does not immediately die.

 

                True

 

                False

 

Question 40        In most jurisdictions today, a rape conviction may not be had when a victim does not physically resist an attacker.

 

                True

 

                False

 

Question 41        If Jane kills her husband immediately after discovering him in bed with another woman, Jane is guilty of first-degree murder.

 

                True

 

                False

 

Question 42        To have sex with a woman who is unconscious is rape.

 

                True

 

                False

 

Question 43        Defendant hitting victim with a rock is not a battery because there has been no actual contact between defendant and victim.

 

                True

 

                False

 

Question 44        Murder, at common law, was defined as (1) the unlawful killing of a (2) human being with (3) malice aforethought.

 

                True

 

                False

 

Question 45        At common law, the requirement of malice aforethought distinguished murder from manslaughter.

 

                True

 

                False

 

Question 46        Most states now have various degrees of murder in their statutory laws, like first and second degree murder.

 

                True

 

                False

 

Question 47        If Trudy waits in the car while Barbara robs a convenience store, Trudy will be considered a principal in the first degree.

 

                True

 

                False

 

Question 48        If Gary opens his door to find his nephew asking for safehaven because the police are looking for him, and Gary lets him hide out there for two days, Gary will not be prosecuted as severely because he is an accessory after the fact.

 

                True

 

                False

 

Question 49        Any instrument could be considered a deadly weapon, depending on how it is used.

 

                True

 

                False

 

Question 50        All of the following are purposes of punishment except

 

deterrence.

 

rehabilitation.

 

recidivism.

 

retribution.

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