The relationship between the national government and state government is called
Question 1 The relationship between the national government and state government is called
separation of powers.
sovereignty.
federalism.
jurisdiction.
Question 2 The doctrine of separation of powers provides a way for each of the following branches to keep the others in check, except
judicial.
agency.
legislative.
executive.
Question 3 The power of the judicial branch of government to review statutory law, such as is used in criminal law, to ensure that it is constitutional, came from which of the following landmark decisions?
Terry v. Ohio
Gideon v. Wainright
Mapp v. Ohio
Marbury v. Madison
Question 4 All of the following are purposes of punishment except
deterrence.
rehabilitation.
recidivism.
retribution.
Question 5 One reason why the United States Supreme Court may grant certiorari is __________.
impeachment
disagreement within the circuits
judicial review
jurisdiction
Question 6 Which of the following is not a political liberty guaranteed by the United States Constitution?
due process
double jeopardy
right to counsel
right to duel
Question 7 Which of these is not part of procedural criminal law?
arrest of a suspect
setting bail
definition of the crime
sentencing the guilty
Question 8 Researching substantive criminal law is important to learn _______________.
how to submit an appeal
the legal elements of the charges in a case
how much you should bill a client
when the arraignment is scheduled
Question 9 Today, all of the following are sources of criminal law except
contracts.
the Model Penal Code.
constitutions.
statutes.
Question 10 All of the following are characteristics of criminal cases except:
People convicted of crimes may pay a fine, be incarcerated, or both.
Prosecutors have to prove the defendant’s guilt beyond a reasonable doubt.
A government-paid lawyer will represent a defendant who wants, but cannot afford, an attorney.
The plaintiff has to show by a preponderance of the evidence that the defendant is liable for damages.
PA260 Criminal Law
Unit 2 Quiz
Question 1 In order to prove that a defendant caused harm to someone else, two types of causation must be present. Which one uses the “but for” test to prove causation?
legal causation
concurrent causation
factual causation
none of the above
Question 2 Before criminal liability can exist, the state must prove that both a criminal act and a guilty mind occurred at the same time. This is known as
separation of powers.
sovereignty.
concurrence.
jurisdiction.
Question 3 There are four mens rea under the Model Penal Code. All of the following are types except
premeditated.
purposeful.
knowing.
reckless.
Question 4 The way that a corporation can be culpable for criminal acts is by this type of liability:
Corporate.
Business.
Alter ego.
Vicarious.
Question 5 Which of the following does a prosecutor not need to prove in order to convict a person of a crime?
mens rea
motive
actus reus
none of the above
Question 6 Which of the following is a party to a crime who is present on the scene but does not
actually commit the criminal act?
principal in the first degree
principal in the second degree
accessory before the fact
accessory after the fact
Question 7 All of the following are elements of the inchoate offense of conspiracy except
two or more people.
collaboration to commit an unlawful act.
an agreement.
substantial step.
Question 8 Under the Model Penal Code, all of the following may constitute the inchoate offense of attempt except
lying in wait.
thinking about committing the crime.
possession of materials to commit the crime.
asking another to commit the crime.
Question 9 Which phrase is used to describe acts that have a criminal purpose even though it has not yet been achieved?
partial crimes
concert of action rule
inchoate offenses
legal impossibility
Question 10 All of the following are elements of the inchoate crime of solicitation except
a request of another.
to commit a crime.
commanding someone.
an act in furtherance of the crime.
PA260 Criminal Law
Unit 3 Quiz
Question 1 All homicide is classified as murder.
True
False
Question 2 Deliberation and premeditation are required elements of first-degree murder.
True
False
Question 3 Voluntary manslaughter involves malice aforethought.
True
False
Question 4 Involuntary manslaughter differs from voluntary manslaughter in that it is unintentional.
True
False
Question 5 Killing another in “the heat of passion” is called assisted suicide.
True
False
Question 6 Homicide may include first-degree murder, second-degree murder, or manslaughter.
True
False
Question 7 A husband comes home unexpectedly to find his wife committing adultery. He is provoked into such “heat of passion” that he kills his wife’s lover right then and there.
This scenario is a common example of
second-degree murder.
voluntary manslaughter.
involuntary manslaughter.
Ddomestic violence.
Question 8 Griffin is walking along a busy street. Simpson walks into Griffin and continues walking without saying “Sorry.” Angered by Simpson’s rudeness, Griffin immediately pulls out a knife and kills Simpson. What crime should Griffin be convicted of?
involuntary manslaughter
robbery
first-degree murder
second-degree murder
Question 9 Marge and Wilma are standing near the top of the escalator looking down on the food court in the mall and arguing over where to eat lunch. Their argument becomes increasingly animated and Wilma gestures wildly, hitting Marge in the face. Marge pushes Wilma and she falls down the escalator. Wilma dies from her injuries. What crime should Marge be convicted of?
involuntary manslaughter
voluntary manslaughter
white-collar crime
second-degree murder
Question 10 For which crime is the punishment usually most severe?
second-degree murder
voluntary manslaughter
first-degree murder
involuntary manslaughter
PA260 Criminal Law
Unit 4 Quiz
Question 1 Battery is the intent to frighten someone.
True
False
Question 2 A battery is an intentional touching of another that is either offensive or harmful.
True
False
Question 3 A parent cannot kidnap his or her own child.
True
False
Question 4 Statutory rape is the same as forcible rape.
True
False
Question 5 If Gary swings a bat at Jim with the intent to frighten him, this would be a(n):
robbery.
mayhem.
assault.
battery.
Question 6 Which one of the following situations would not constitute aggravated battery?
Joe hits a bank guard over the head with his AK-47 while Joe is pulling off an armed robbery.
Joe shoves a big tall guy in front of him for bringing more than 10 items into the “express” check-out lane at the grocery store. The big tall guy is not hurt, and he shoves Joe back, sending him flying into the next lane.
Joe loses his tennis match against Pete, and Joe is so mad that he hits Pete over the head with his tennis racquet.
Joe punches a police officer after the officer pulled him over for speeding.
Question 7 The crime of mayhem has occurred when
None of the above.
a person violently and intentionally wounds someone permanently.
a person violently and intentionally wounds someone temporarily.
a person unintentionally wounds another.
Question 8 Rape shield laws were put in place in order to___________.
protect defendants on trial for rape from excessive trial publicity
protect rape victims from harassment by defense attorneys at trial
ensure the conviction of perpetrators of statutory rape
remove the marital rape exception from rape statutes
Question 9 If John has sex with Tina, who has a very low IQ and also suffers from an emotional disability, he could be charged with the crime of statutory rape.
True
False
Question 10 Maria is at the company’s Holiday Party with her coworker, Steve. As they are getting ready to leave the party, Steve suggests that “we go to the supply room and enjoy ourselves.” Maria has heard that Steve has a history of violence. Maria is scared that Steve might hurt her and she doesn’t want her career to suffer if she doesn’t do what he says. She agrees to go to the supply room and engages in sexual intercourse with Steve. Is Steve guilty of raping Maria?
No, Steve neither used force nor threatened harm to Maria, who consented to intercourse.
Yes, it is “date rape” because they know each other.
PA260 Criminal Law
Unit 5 Quiz
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.
PA260 Criminal Law
Unit 6 Quiz
Question 1 In order for a burglary to have been committed under the common law definition, there must have been a breaking and entering of a dwelling house of another, in the nighttime, with the intent to commit a felony.
True
False
Question 2 Mary left her door unlocked, and Jim entered Mary’s house by opening the unlocked door with the intent to steal all her belongings. Under the common law definition, Jim has not committed a burglary because there is no “breaking” if the door is unlocked.
True
False
Question 3If Joe buys a television set for $10 from a man selling televisions out of his van, the fact that Joe had the subjective belief that the television was stolen is enough to convict him of the crime of receiving stolen property, even if he lacked absolute proof of the fact.
True
False
Question 4 Burning your home by accident or negligence still constitutes arson.
True
False
Question 5 Dan works in the human resources department of his law firm. When employees reimburse the firm for an expense, it is Dan’s responsibility to take the money, log it in, and store it securely until it is deposited in a bank. One day, Dan takes all this money and goes to Mexico. This is an example of
bribery.
embezzlement.
uttering.
false pretenses.
Question 6 Criminal mischief is the intentional destruction or damaging of property belonging to another.
True
False
Question 7 Murray come across a person lying on the pavement, passed out from a drug overdose. Murray reaches into the man’s pocket, takes his wallet, and runs away. Murray is guilty of
robbery, because he took the property directly from the person.
no crime, because you cannot be a crime victim if you are a criminal.
burglary, because he breached the victim’s privacy.
either petty or grand theft, depending on the value of the wallet and contents.
Question 8 All of the following are elements of the Racketeer Influenced and Corrupt Organizations Act except
gang membership.
a pattern of racketeering activity.
receipt of money or income.
investing money in an enterprise affecting interstate commerce.
Question 9 People who purchase stolen goods from thieves and resell the goods for a profit are known as
forfeitures.
utterers.
burglars.
fences.
Question 10 Returning stolen property prior to being charged with theft is a defense.
True
False
PA260 Criminal Law
Unit 7 Quiz
Question 1 In addition to being a crime in every state, perjury can be a violation of federal law.
True
False
Question 2 John received a court order to tear down a fence he had constructed. The order was served by a sheriff. Immediately after the sheriff handed the order to him, John screamed, “Forget that idiot judge, I’m not tearing down the fence!” John never removed the fence, and the judge had him arrested and ordered him to remain in jail until he agreed to comply with the order. This is an example of
perjury.
treason.
contempt.
fighting words.
Question 3 Bob is distrustful of the government. In front of a crowded rally, he yells, “I’m going to bomb this entire convention.” He is quickly taken into custody and charged with making threats. He tries to defend on the ground that what he said is protected speech under the First Amendment. Will he win?
Yes
No
Question 4 Tom is pulled over for drinking and driving. He is asked to take a breathalyzer test, which he does and passes. He is then asked to take a field sobriety test, which he fails. At trial, he argues that because he passed the breath test, he should not be charged. Will his argument succeed?
Yes
No
Question 5Who is the crime of continuing a criminal enterprise aimed at?
individual perpetrators
accomplices
drug kingpins
aiders and abettors
Question 6 Attorney Reynolds is a well-known criminal defense attorney. He has an unbeaten record but is defending a client whose case is very shaky. He has an investigator follow the judge in the case in order to get damaging information about him. The investigator photographs the judge having an affair. Reynolds then tells the judge that if he does not rule in favor of the defendant he would go public with the photographs. What crime has Reynolds committed?
contempt
bribery
fraud
criminal enterprise
Question 7 Bob signs an affidavit even though he knows that the information contained in it is false. The affidavit is notarized. Later, a prosecutor charges Bob with perjury. Bob defends on the grounds that perjury only applies to proceedings in court. Is Bob correct?
Yes
No
Question 8 Fred has a wild night of drinking with friends. He has to go to the bathroom but cannot find a restroom, because all of the bars and restaurants have closed. He decides to relieve himself in an alley next to a building. While in the act, a police officer notices him and places him under arrest. For which crime will Fred be charged?
obscenity
pornography
contempt
indecent exposure
Question 9 The recent case of Edward Snowden, who was a system administrator for the CIA (Central Intelligence Agency) and a counterintelligence trainer at the DIA (Defense Intelligence Agency) and who disclosed thousands of classified government documents to the media in 2013, involved a charge of this crime against the U.S. government.
perjury
impeachment
vagrancy
treason
Question 10 The federal law that gave federal law enforcement officers the right to monitor email and other forms of communication, allowed for roving wiretaps, and granted law enforcement to obtain a record of Web addresses of suspects, is:
U.S.A. Patriot Act.
Sedition and Espionage Act.
Federal Terrorism Act.
Toxic Substances Control Act.
PA260 Criminal Law
Unit 8 Quiz
Question 1 An affirmative defense is something more than a mere denial of the charges.
True
False
Question 2 An entrapment defense must include the involvement of a law enforcement officer or agent.
True
False
Question 3 Duress may be used as a defense if the actions that broke the law were only performed out of an immediate fear of injury.
True
False
Question 4 A mistake of fact defense is always a good defense.
True
False
Question 5 The accused must honestly have believed that he or she was in immediate danger of being robbed to claim self-defense.
True
False
Question 6 To claim self-defense, the belief that one was in immediate danger of death or serious bodily injury must have been based on reasonable grounds.
True
False
Question 7 If Janice breaks into a cabin to avoid freezing to death after going off course from the cross-country ski trail, and she is then charged with breaking and entering, she should raise the defense of
duress.
self-defense.
necessity.
irresistible impulse.
Question 8 An alibi is an affirmative defense in which the defendant claims that he or she was not present at the scene of the crime at the time the crime was committed.
True
False
Question 9 One is never justified in taking a life to prevent a mere trespass against property, either real or personal.
True
False
Question 10 The only crime for which there is no statute of limitations is murder.
True
False
PA260 Criminal Law
Unit 9 Quiz
Question 1 A police officer may detain a citizen without actually placing him or her under arrest.
True
False
Question 2 An arrest warrant is always necessary to make an arrest.
True
False
Question 3 The Fourth Amendment is based on the right to privacy.
True
False
Question 4 According to the Sixth Amendment to the U.S. Constitution, an accused individual may be held without knowing the cause, circumstances, and the person who filed the charges.
True
False
Question 5 All searches must be based on probable cause whether a warrant is used or not.
True
False
Question 6 Miranda warnings only apply when a suspect is in a police station.
True
False
Question 7 The right to remain silent comes from the right against self-incrimination, found in the 5th Amendment.
True
False
Question 8 Which of the following is not part of the Miranda warning?
You have the right to remain silent.
Anything you might say can be held against you at trial.
You have the right to an attorney.
You must have an attorney with you.
If you cannot afford an attorney, one will be provided for you free of charge.
Question 9 There is no reasonable expectation of privacy on landlines but there is on cellphones and cordless phones.
True
False
Question 10 Gary allows law enforcement officers to listen to a telephone conversation between himself and Terry without Terry’s knowledge. If Terry makes incriminating statements in the conversation, can Terry successfully have the recorded conversations suppressed as a violation of the Federal Wiretap Law?
Yes
No
PA260 Criminal Law
Unit 10 Quiz
Question 1 A lawyer who steals a client’s retainer without doing any work has committed
larceny.
embezzlement.
conversion.
trust larceny.
Question 2 Under the common law, it would not have been larceny to steal which of the following because it was not “tangible?”
stereo
stock certificate
automobile
purse
Question 3 Affirmative defenses are different from other defenses because
they require the defendant to testify in his or her own behalf.
the defendant must plead such defenses prior to trial.
the prosecution must disprove such defenses at a hearing prior to trial;
otherwise, the case will be dismissed.
they require expert proof.
Question 4 What is the test for insanity that requires a defendant to show that he or she did not understand the nature and quality of his or her act or that the act was wrong?
McNaghten
Durham
diminished capacity
res ipsa loquitor
Question 5 Ashley is charged with and convicted of killing her husband and serves 12 years in prison for that crime. Upon her release, she discovers that he is still alive and he set her up. She follows him one night and shoots and kills him. If she is arrested and charged with murder, which of the following would be her strongest defense?
double jeopardy
ex post facto
bill of attainder
mistake
Question 6 All of the following are common violations of tax laws except
tax evasion.
failing to file a tax return.
lawful disclosure of tax information.
filing a fraudulent tax return.
Question 7 The standard of proof in a criminal case is
beyond a shadow of a doubt.
beyond a reasonable doubt.
beyond any doubt.
preponderance of the evidence.
Question 8 For prosecution under the federal RICO statute to occur, a “pattern of racketeering activity” must be proved. A pattern is
two or more predicate acts.
three or more predicate acts.
four or more predicate acts.
none of the above.
Question 9Ron meets Paula at a bar one night. The two hit it off and go back to her hotel room for an evening of romance. The next day, Paula goes to the police and files a complaint that Ron raped her. Which of the following is Ron’s strongest defense?
misrepresentation
mistake
alibi
consent
Question 10 The Model Penal Code test for insanity is _______ than the McNaughten test.
narrower (fewer defendants will be successful)
broader (more defendants will be successful)
neither A nor B
Collepals.com Plagiarism Free Papers
Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.
Get ZERO PLAGIARISM, HUMAN WRITTEN ESSAYS
Why Hire Collepals.com writers to do your paper?
Quality- We are experienced and have access to ample research materials.
We write plagiarism Free Content
Confidential- We never share or sell your personal information to third parties.
Support-Chat with us today! We are always waiting to answer all your questions.
