Question 1

Voluntary manslaughter is a killing that would be considered murder except:

Accepted Answer

A) it was committed by accident. 
B) the act was committed in the heat of passion. 
C) it was the result of criminal negligence. 
D) it was committed pursuant to an irresistible impulse. 
A) it was committed by accident. 
B) the act was committed in the heat of passion. 
C) it was the result of criminal negligence. 
D) it was committed pursuant to an irresistible impulse. B

Question 2

The presence of malice aforethought differentiates:

Accepted Answer

A) voluntary manslaughter from involuntary manslaughter. 
B) murder from manslaughter. 
C) first-degree murder from second-degree murder. 
D) felony murder from first-degree murder. 
A) voluntary manslaughter from involuntary manslaughter. 
B) murder from manslaughter. 
C) first-degree murder from second-degree murder. 
D) felony murder from first-degree murder. B

Question 3

The mens rea for battery requires:

Accepted Answer

A) the specific intent to injure. 
B) the specific intent to seriously harm another. 
C) the intent to frighten. 
D) at least recklessness. 
A) the specific intent to injure. 
B) the specific intent to seriously harm another. 
C) the intent to frighten. 
D) at least recklessness. D

Question 4

Criminal homicides are graded primarily on the basis of:

Accepted Answer

A) use of deadly weapons. 
B) mens rea. 
C) surrounding circumstances. 
D) motivation. 
A) use of deadly weapons. 
B) mens rea. 
C) surrounding circumstances. 
D) motivation.

Question 5

Extortion differs from robbery in what way?

Accepted Answer

A) In extortion, the offender obtains title; in robbery, possession is passed. 
B) Only robbery requires that the victim be physically injured. 
C) Robbery requires threat of immediate harm; extortion may involve future harm. 
D) Extortion is not a felony. 
A) In extortion, the offender obtains title; in robbery, possession is passed. 
B) Only robbery requires that the victim be physically injured. 
C) Robbery requires threat of immediate harm; extortion may involve future harm. 
D) Extortion is not a felony.

Question 6

An attempted battery in which no touching occurred is usually classified as:

Accepted Answer

A) stalking. 
B) assault. 
C) communicating a threat. 
D) mayhem. 
A) stalking. 
B) assault. 
C) communicating a threat. 
D) mayhem.

Question 7

Under the attempted-battery form of assault, the intent required is:

Accepted Answer

A) recklessness. 
B) negligence. 
C) the intent to cause serious bodily harm. 
D) the intent to commit a battery. 
A) recklessness. 
B) negligence. 
C) the intent to cause serious bodily harm. 
D) the intent to commit a battery.

Question 8

"Malice aforethought" is a required element of:

Accepted Answer

A) assault and battery. 
B) manslaughter. 
C) criminal homicide. 
D) murder. 
A) assault and battery. 
B) manslaughter. 
C) criminal homicide. 
D) murder.

Question 9

The asportation element in kidnapping refers to:

Accepted Answer

A) confining the victim in a secret place. 
B) confining the victim by force. 
C) moving the victim from one place to another. 
D) frightening the victim. 
A) confining the victim in a secret place. 
B) confining the victim by force. 
C) moving the victim from one place to another. 
D) frightening the victim.

Question 10

Felony murder:

Accepted Answer

A) requires a premeditated killing. 
B) is less serious than first-degree murder. 
C) is a form of negligent homicide. 
D) may be first-degree murder. 
A) requires a premeditated killing. 
B) is less serious than first-degree murder. 
C) is a form of negligent homicide. 
D) may be first-degree murder.

Question 11

Robbery requires taking property:

Accepted Answer

A) through fraud. 
B) from another person. 
C) by wrongful conversion. 
D) with intent to temporarily deprive. 
A) through fraud. 
B) from another person. 
C) by wrongful conversion. 
D) with intent to temporarily deprive.

Question 12

Common law divided homicide into:

Accepted Answer

A) murder, manslaughter, and negligent homicide. 
B) first-degree and second-degree murder. 
C) murder and manslaughter. 
D) premeditated and heat-of-passion murder. 
A) murder, manslaughter, and negligent homicide. 
B) first-degree and second-degree murder. 
C) murder and manslaughter. 
D) premeditated and heat-of-passion murder.

Question 13

Common law defined rape as requiring "carnal knowledge," meaning:

Accepted Answer

A) sodomy. 
B) offensive touching. 
C) sexual battering. 
D) sexual intercourse. 
A) sodomy. 
B) offensive touching. 
C) sexual battering. 
D) sexual intercourse.

Question 14

Unlawfully confining or restraining liberty is:

Accepted Answer

A) kidnapping. 
B) extortion. 
C) false imprisonment. 
D) abduction. 
A) kidnapping. 
B) extortion. 
C) false imprisonment. 
D) abduction.

Question 15

In order to prove that a criminal homicide has been committed, the prosecutor must:

Accepted Answer

A) prove that an unlawful act caused the death. 
B) produce the body of the dead person. 
C) prove that a death occurred. 
D) prove that death was not due to natural causes. 
A) prove that an unlawful act caused the death. 
B) produce the body of the dead person. 
C) prove that a death occurred. 
D) prove that death was not due to natural causes.

Question 16

The intentional killing of another person without malice, but in the heat of passion, is:

Accepted Answer

A) involuntary manslaughter. 
B) voluntary manslaughter. 
C) second-degree murder. 
D) first-degree murder. 
A) involuntary manslaughter. 
B) voluntary manslaughter. 
C) second-degree murder. 
D) first-degree murder.

Question 17

Misdemeanor manslaughter is usually a form of:

Accepted Answer

A) involuntary manslaughter. 
B) excusable homicide. 
C) voluntary manslaughter. 
D) temporary insanity. 
A) involuntary manslaughter. 
B) excusable homicide. 
C) voluntary manslaughter. 
D) temporary insanity.

Question 18

Which is usually considered adequate to provoke the heat of passion?

Accepted Answer

A) solicitation to commit a crime. 
B) insulting words. 
C) adultery. 
D) theft. 
A) solicitation to commit a crime. 
B) insulting words. 
C) adultery. 
D) theft.

Question 19

The unlawful killing of another person during the course of an unlawful act (other than a felony) or through negligence during the course of a lawful act is:

Accepted Answer

A) justifiable homicide. 
B) voluntary manslaughter. 
C) involuntary manslaughter. 
D) excusable homicide. 
A) justifiable homicide. 
B) voluntary manslaughter. 
C) involuntary manslaughter. 
D) excusable homicide.

Question 20

Robbery requires all of the elements of a larceny, plus:

Accepted Answer

A) taking by force or threat of force. 
B) physical injury to the victim. 
C) extortion. 
D) use of a weapon. 
A) taking by force or threat of force. 
B) physical injury to the victim. 
C) extortion. 
D) use of a weapon.

Voluntary manslaughter is a killing that would be considered murder except:

The presence of malice aforethought differentiates:

The mens rea for battery requires:

Criminal homicides are graded primarily on the basis of:

Extortion differs from robbery in what way?

An attempted battery in which no touching occurred is usually classified as:

Under the attempted-battery form of assault, the intent required is:

"Malice aforethought" is a required element of:

The asportation element in kidnapping refers to:

Felony murder:

Robbery requires taking property:

Common law divided homicide into:

Common law defined rape as requiring "carnal knowledge," meaning:

Unlawfully confining or restraining liberty is:

In order to prove that a criminal homicide has been committed, the prosecutor must:

The intentional killing of another person without malice, but in the heat of passion, is:

Misdemeanor manslaughter is usually a form of:

Which is usually considered adequate to provoke the heat of passion?

The unlawful killing of another person during the course of an unlawful act (other than a felony) or through negligence during the course of a lawful act is:

Robbery requires all of the elements of a larceny, plus:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Interrogation and Self-Incrimination

Preliminary Stages of the Prosecution

Pretrial Motions

Trial

Verdict, Punishment, and Judicial Review

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Exam 5: Crimes Against a Person

Voluntary manslaughter is a killing that would be considered murder except:

The presence of malice aforethought differentiates:

The mens rea for battery requires:

Criminal homicides are graded primarily on the basis of:

Extortion differs from robbery in what way?

An attempted battery in which no touching occurred is usually classified as:

Under the attempted-battery form of assault, the intent required is:

"Malice aforethought" is a required element of:

The asportation element in kidnapping refers to:

Felony murder:

Robbery requires taking property:

Common law divided homicide into:

Common law defined rape as requiring "carnal knowledge," meaning:

Unlawfully confining or restraining liberty is:

In order to prove that a criminal homicide has been committed, the prosecutor must:

The intentional killing of another person without malice, but in the heat of passion, is:

Misdemeanor manslaughter is usually a form of:

Which is usually considered adequate to provoke the heat of passion?

The unlawful killing of another person during the course of an unlawful act (other than a felony) or through negligence during the course of a lawful act is:

Robbery requires all of the elements of a larceny, plus:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Interrogation and Self-Incrimination

Preliminary Stages of the Prosecution

Pretrial Motions

Trial

Verdict, Punishment, and Judicial Review

Filters