A lawyer who steals a client’s retainer without doing any work has committed

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

 

Question 11        Aaron mistakenly believed that Bob was attempting to kill him. Bob intended Aaron no harm. In defense, Aaron killed Bob. The jury decides that Aaron’s belief is genuine but unreasonable. Which of the following verdicts should be delivered?

 

not guilty

 

guilty of first-degree murder

 

guilty of second-degree murder

 

guilty of manslaughter

 

Question 12        Which of the following requires that police use probable cause before arresting or searching someone?

 

Fifth Amendment

 

Sixth Amendment

 

Eighth Amendment

 

Fourth Amendment

 

Question 13        If a person takes a legal action believing it to be illegal, he or she is

 

criminally liable.

 

not criminally liable.

 

criminally liable if the act is later declared illegal.

 

criminally liable if property damage or personal injury results.

 

Question 14        Larry learns that Nancy and Frank are having an affair. Larry contacts the two, threatening to expose the relationship to their respective spouses unless they pay him $5,000. Larry is guilty of

 

larceny.

 

extortion.

 

bribery.

 

embezzlement.

 

Question 15        In the 1997 case Kansas v. Hendricks, the Supreme Court held that a sex offender may be

 

civilly committed after being released from prison so long as the crime for which the offender was imprisoned was “shockingly indecent.”

 

civilly committed after being released from prison so long as the offender suffers from a mental illness that causes him or her to be a danger to others.

 

imprisoned for life.

 

executed.

 

Question 16        Criminal mischief commonly refers to what actus reus?

 

disturbing others

 

juvenile misdemeanors

 

destruction of property

 

none of the above

 

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        Fences commonly commit what crime?

 

extortion

 

receiving stolen property

 

false pretenses

 

larceny

 

Question 19        All of the following are laws that were passed in order to deter terrorism except

 

the U.S.A. Patriot Act.

 

the Comprehensive Environmental Response, Compensation and Liability Act.

 

the Antiterrorism and Effective Death Penalty Act of 1996.

 

the Foreign Intelligence Surveillance Act of 1978.

 

Question 20        In order for a defendant to be entitled to receive Miranda warnings, which two elements must be present?

 

wiretapping and custody

 

custody and interrogation

 

interrogation and wiretapping

 

non of the above

 

Question 21        Any right a defendant has to due process is guaranteed by

 

the Sixth Amendment.

 

the Eighth Amendment.

 

the Seventh Amendment.

 

the Fifth and Fourteenth Amendments.

 

Question 22        Which of the following cases reflects the U.S. Supreme Court’s ruling on the use of the death penalty for rape?

 

Terry v. Ohio

 

Roper v. Simmons

 

Kennedy v. Louisiana

 

Baze v. Rees

 

Question 23        All of the following include viable forms of punishment in the United States today except

 

incarceration

 

capital punishment

 

shaming

 

tar and feathering

 

Question 24        Due process prevents all of the following except

 

holding someone in prison indefinitely

 

trying someone for a crime without informing him of the charge

 

compelling a person to appear in a lineup

 

taking away a person’s property without notice

 

Question 25        All of the following are remedies available to a defendant whose Fourth Amendment rights have been violated except

 

invocation of the exclusionary rule

 

automatic dismissal of all charges

 

civil rights lawsuit

 

criminal charges against the violator

 

Question 26        The Model Penal Code prohibits the use of withdrawal as a defense to conspiracy.

 

                True

 

                False

 

Question 27        The mens rea of most identity theft statutes is the intention either to gain something of value through deceit or to commit any other crime.

 

                True

 

                False

 

Question 28The law distinguishes between legal impossibility and factual impossibility as defenses to crimes.

 

                True

 

                False

 

Question 29        Because there is no victim with regard to prostitution, most states no longer criminalize this conduct.

 

                True

 

                False

 

Question 30        A person who has lost property to a theft crime must choose between pursuing the criminal remedy or the civil remedy.

 

                True

 

                False

 

Question 31        Under the common law, burglary could occur only at night.

 

                True

 

                False

 

Question 32        The Fourth Amendment was written to limit governmental authority.

 

                True

 

                False

 

Question 33        Winston’s good faith but incorrect belief that he has a right to smoke marijuana at home is a defense to the charge of possession and use of the substance.

 

                True

 

                False

 

Question 34        Sidney leaves her laptop computer in a study carrel at the university library while she uses the restroom. While Sidney is gone, Carmen takes the computer with the intention of keeping it. Carmen has committed a robbery.

 

                True

 

                False

 

Question 35        When self-defense is used, deadly force may be used only to protect against deadly force.

 

                True

 

                False

 

Question 36        One of the most important Fourth Amendment cases was that of Jones v. United States, which stood for the proposition that the imposition of a GPS tracking device to a person’s vehicle to monitor the owner’s movements constitutes a search under the Fourth Amendment.

 

                True

 

                False

 

Question 37        While it is not a crime to be a drug addict or homeless, states can pass laws that make it a crime to possess or sell drugs or to loiter in certain areas.

 

                True

 

                False

 

Question 38        The warrantless use of thermal imaging on people’s homes is permissible under the Fourth Amendment.

 

                True

 

                False

 

Question 39        Federal statutes such as the Clean Water Act and the Clean Air Act can impose criminal culpability for endangering the environment.

 

                True

 

                False

 

Question 40        If the police detain a person for too long, the detention can turn into an arrest, thereby requiring probable cause.

 

                True

 

                False

 

Question 41        Perjury can occur only when a person takes the stand and lies.

 

                True

 

                False

 

Question 42        RICO (Racketeer Influenced and Corrupt Organizations Act) was enacted to combat drug trafficking, while CCE (Continuing Criminal Enterprise) was enacted to fight organized crime.

 

 

 

                True

 

                False

 

Question 43        States can prohibit the sale, use and possession of drug paraphernalia, or devices that are used to take drugs.

 

                True

 

                False

 

Question 44        Possession of prohibited drugs is not a crime.

 

                True

 

                False

 

Question 45        In recent years, drunk driving laws have been influenced by public policy and public opinion, which has resulted in stiffer punishment for the offender.

 

                True

 

                False

 

Question 46        The Eighth Amendment’s Cruel and Unusual Punishments Clause has been interpreted by the Supreme Court of the United States as limiting capital punishment to murderers and rapists.

 

                True

 

                False

 

Question 47        Two exceptions to the right to freedom of speech and expression under the First Amendment are when words are likely to incite a riot or when they are intended to incite an immediate breach of the peace.

 

                True

 

                False

 

Question 48        Today, Congress and states have attempted to protect children from being used in sexually explicit films, as well as in actual and virtual images of child pornography.

 

                True

 

                False

 

Question 49        Police officers are not required to give Miranda warnings during routine traffic stops even though an interrogation may occur.

 

                True

 

                False

 

Question 50        The National Firearms Act allows for the sale of automatic weapons (machine guns) in the United States.

 

                True

 

                False

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