Deck 2: Foundations of Law and Crime: Nature, Elements, and Defenses

Question 1

Which of the following is a correct example of hierarchical prioritization of laws?

A) State constitutional law, the U.S. Constitution, and municipal codes
B) State constitutional law, state statutes, and federal statutes
C) The U.S. Constitution, state constitutional law, and state statutes
D) The U.S. Constitution, state constitutional law, and federal statutes

Answer 1

C

Question 2

Which of the following is considered to be the "supreme law of the land?"

A) U.S. Constitution
B) Federal statutes
C) Administrative laws
D) Federal common law

Answer 2

A

Question 3

Which of the following describes the concept of federalism?

A) retaliation or revenge as punishment for crimes
B) application of a higher court's precedent in lower courts
C) decision of jurors after consideration of evidence
D) division of power between national government and local governments

Answer 3

D

Question 4

Which of the following is true of common law?

A) It is based on the French civil code.
B) It refers to the collections of rules, customs, and traditions of 17th century France.
C) It refers to the American tradition of following legal precedent.
D) It refers to collections of rules, customs, and traditions of medieval England.

Question 5

Which of the following statements is true regarding hierarchy of law?

A) State constitutions may give greater protection than the U.S. Constitution, but cannot give less.
B) Federal common law includes civil and criminal laws enacted by Congress.
C) Municipal ordinances take precedence over state statutes.
D) Federal statutes establish legal precedent, and lower courts in the federal system must follow these decisions.

Question 6

Which doctrine binds courts of equal or lesser levels within a jurisdiction to the principles established by higher appellate courts within the same jurisdiction?

A) mens rea
B) actus rea
C) stare decisis
D) lex talionis

Question 7

______ is the body of law that defines criminal offenses and prescribes punishments for their infractions.

A) Civil law
B) Criminal law
C) Procedural law
D) Substantive law

Question 8

Which type of law would building and construction standards in a particular city be considered?

A) municipal ordinance
B) administrative law
C) federal statute
D) state constitutional law

Question 9

Which is the most distinctive aspect of Anglo-American law?

A) mens rea
B) lex talionis
C) stare decisis
D) actus rea

Question 10

The Code of Hammurabi set out crimes and punishments based on which philosophy?

A) mens rea
B) lex talionis
C) stare decisis
D) actus rea

Question 11

Our modern system of law is based upon which of the following?

A) Code of Hammurabi
B) lex talionis
C) stare decisis
D) common law

Question 12

The United States system of government is based upon which of the following concepts?

A) statutory law
B) civil law
C) federalism
D) precedence

Question 13

A state's Supreme Court justice sets a precedent by interpreting and applying one of the state's laws in a particular way. On a similar case, a justice in a lower court adheres to the Supreme Court justice's interpretation of the same law. What is this an example of?

A) mens rea
B) lex talionis
C) stare decisis
D) actus rea

Question 14

Sources of federal law include all of the following EXCEPT ______.

A) U.S. Constitution
B) U.S. Supreme Court
C) state traffic laws
D) laws enacted by Congress

Question 15

The Occupational Safety and Health Administration (OSHA) regulates work environments throughout the United States. Orders and directives released by OSHA on items that workplaces must adhere to in order to be a safe work environment would be considered which of the following?

A) federal statues
B) administrative laws
C) federal common laws
D) state constitutional laws

Question 16

Which of the following is indicative of a case involving civil law?

A) The state or government prosecutes a person accused of murder on behalf of the people.
B) The plaintiff is required to prove the defendant's guilt "beyond a reasonable doubt."
C) The defendant and plaintiff both claim ownership to the same plot of land.
D) The plaintiff is required to prove their case by a "preponderance of the evidence."

Question 17

Which describes the "eye for an eye, tooth for a tooth" crimes and punishments model?

A) mens rea
B) lex talionis
C) stare decisis
D) actus rea

Question 18

Published decisions from the U.S. Supreme Court and the U.S. Circuit Courts of Appeal are considered which of the following?

A) federal statues
B) administrative laws
C) federal common laws
D) state constitutional laws

Question 19

Which are laws enacted by Congress?

A) bills
B) ordinances
C) codes
D) statutes

Question 20

In some ancient societies, the punishment for stealing was to have one's hand cut off. This is an example of which source of law?

A) mens rea
B) lex talionis
C) stare decisis
D) actus rea

Question 21

By law, police officers must read the accused his or her Miranda warnings when arresting individuals. This is an example of which type of law?

A) procedural law
B) mens rea
C) substantive law
D) actus reus

Question 22

Who is the party who is bringing a lawsuit against someone else?

A) defendant
B) eye witness
C) clerk of the court
D) plaintiff

Question 23

What is the Latin term for criminal intent or guilty mind?

A) actus reus
B) mens rea
C) habeas corpus
D) stare decisis

Question 24

Which of the following is the standard used by jurors to arrive at a verdict in a criminal case?

A) preponderance of evidence
B) beyond reasonable doubt
C) burden of proof
D) affirmative defense

Question 25

Which of the following is designed to avoid wrongful convictions of innocent parties in criminal cases?

A) a preponderance of evidence
B) mens rea
C) heavy burden of proof
D) substantial affirmative defense

Question 26

Which of the following is one of two primary types of law?

A) legal
B) noncriminal
C) civil
D) legislative

Question 27

Obtaining search and arrest warrants is an example of which type of law?

A) procedural law
B) criminal law
C) substantive law
D) civil law

Question 28

Which of the following describes who has the authority to make legal decisions and is usually based on geographic location?

A) civil law
B) legal jurisdiction
C) substantive law
D) actus reus

Question 29

Which of the following means that after hearing all the evidence in a trial, the jurors do not possess an overwhelming belief that the charges against the defendant are true?

A) preponderance of evidence
B) reasonable doubt
C) a guilty verdict
D) affirmative defense

Question 30

Which of the following is an example of actus reus?

A) Jenny hires a hit man to kill her husband so she can collect on his US$1 million life insurance policy.
B) Jenny wishes her husband was dead so she could collect on his US$1 million life insurance policy.
C) Jenny talks to her best friend about how unhappy she is in her marriage.
D) Jenny's husband dies in an automobile accident, and she is the beneficiary of his US$1 million life insurance policy.

Question 31

Who is the person against whom a criminal charge is pending?

A) defendant
B) eye witness
C) clerk of the court
D) plaintiff

Question 32

Which of the following prescribes rules concerning how juries should be selected?

A) civil law
B) legal jurisdiction
C) procedural law
D) actus reus

Question 33

Which establishes the procedures and mechanisms for processing criminal cases?

A) procedural law
B) mens rea
C) substantive law
D) actus reus

Question 34

Sebastian is researching how to lawfully present evidence to a jury. Which of the following is Sebastian researching?

A) civil law
B) legal jurisdiction
C) procedural law
D) actus reus

Question 35

Laws that specify and prohibit certain actions such as theft or arson are examples of which type of laws?

A) procedural law
B) mens rea
C) substantive law
D) actus reus

Question 36

The U.S. legal system is designed to punish offenders who possess the intent to commit a crime. What is this concept known as?

A) actus reus
B) mens rea
C) habeas corpus
D) stare decisis

Question 37

Which of the following is true of establishing guilt in a criminal matter?

A) The prosecutor must prove the defendant guilty beyond a reasonable doubt.
B) The defense must prove the defendant innocent beyond a reasonable doubt.
C) The prosecutor must prove the defendant guilty by a preponderance of evidence.
D) The defense must prove the defendant innocent by a preponderance of evidence.

Question 38

Laws that define murder are considered which of the following?

A) procedural law
B) mens rea
C) substantive law
D) actus reus

Question 39

Which of the following describes a penalty for a criminal case?

A) The plaintiff seeks damages from the defendant.
B) The prosecutor seeks damages from the defendant.
C) The prosecutor seeks to punish the defendant with jail time.
D) The plaintiff seeks to punish the defendant with jail time.

Question 40

Eric is filing for divorce against his wife, Ariana. Since they are legally separated, Eric currently lives in an apartment, and Ariana lives in the home they bought together. Ariana called the police when Eric peacefully entered the home to take a television set for his apartment. Which of the following is true about this situation?

A) Eric taking the television is considered a criminal act.
B) Eric will be imprisoned for entering the home.
C) If Ariana files a lawsuit against Eric, Ariana will be seeking damages.
D) If Ariana files a lawsuit against Eric, it will be considered a criminal case.

Question 41

Which defense is one in which the defendant admits to the criminal activity but offers reasons for acting?

A) affirmative
B) justification
C) necessity
D) duress

Question 42

Which is one of the most serious crimes one can perpetrate against another person?

A) assault
B) battery
C) robbery
D) homicide

Question 43

YoonHee is an 18-year-old single mother who works part-time to support herself and her 6-month-old child and also attends night classes. She often struggles to make ends meet and is eventually laid off from her job. After a few months of unemployment, YoonHee does not have enough money to support herself. Desperate to feed her child, she enters a local supermarket and steals several containers of formula. Which of the following is true?

A) YoonHee's action is considered a public order crime.
B) YoonHee's action is considered a burglary.
C) YoonHee's motive was to steal formula.
D) YoonHee's intent was to steal formula.

Question 44

Which of the following is the unlawful, intentional killing of a human being with premeditation and malice aforethought?

A) involuntary manslaughter
B) murder in the first degree
C) murder in the second degree
D) voluntary manslaughter

Question 45

It is July in Phoenix, Arizona, and Jeff is running errands with his 6-month-old daughter strapped into her carrier in the back seat. Jeff stops at work to grab some files but gets waylaid by coworkers and ends up spending 3 hr at the office. When Jeff returns to the car, he finds his child unresponsive, apparently overcome with the heat. The child is pronounced dead at the hospital. With what crime is Jeff likely to be charged?

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

Question 46

Michael is driving the speed limit and paying full attention, but accidentally hits a small child who darts into the street from behind a large RV. What might this be classified as?

A) justifiable homicide
B) murder in the first degree
C) excusable homicide
D) aggravated assault

Question 47

Crimes that are punished most severely in the US criminal justice system are those crimes that are ______.

A) premeditated
B) unintentional
C) motivated
D) negligent

Question 48

Which of the following is an actus reus that would be an example of an omission?

A) A man considers stealing from a store, but ultimately does not.
B) A woman verbally threatens to harm her ex-spouse but does not.
C) A woman accidentally shoots her friend while shooting.
D) A man fails to feed his three-year-old child.

Question 49

Criminal homicide falls into two categories: murder and _______.

A) status offense
B) manslaughter
C) aggravated assault
D) battery

Question 50

Jack and Jill plan to shoplift from a convenience store. While Jack walked out with a case of beer he did not pay for, the store clerk confronted Jill, who shot and killed the clerk. Both Jack and Jill are apprehended and charged with first-degree murder. What does this case illustrate?

A) 50 percent plus feather test
B) felony-murder rule
C) right-wrong test
D) equality-in-charging rule

Question 51

Which term outlines that if a death occurs during the commission of a felony, the defendant will be charged with murder in the first degree?

A) mens rea
B) voluntary homicide
C) felony-murder rule
D) premeditation and deliberation

Question 52

Which are considered less serious offenses and can be punished by less than 1 year incarceration in jail?

A) misdemeanors
B) petty crimes
C) status offenses
D) felonies

Question 53

What is another term that may be used to describe that a person intended to commit a crime on purpose?

A) without due caution
B) malicious
C) negligent
D) reckless

Question 54

Which crime involves taking or attempting to take anything of value from another person by force or threat of force or violence, during which the victim is in fear of injury or death?

A) robbery
B) burglary
C) aggravated assault
D) arson

Question 55

Which of the following is grounded primarily in psychology?

A) intent
B) motive
C) negligence
D) liability

Question 56

One's state of mind to commit a crime is known as a person's ______.

A) intent
B) motive
C) recklessness
D) negligence

Question 57

Which offenses are punishable by death or have a possible sentence of more than 1 year of incarceration?

A) status offenses
B) felonies
C) misdemeanors
D) civil crimes

Question 58

College student Lily and her roommate took someone else's coffee and doughnuts from the student union coffee shop. They were chased by a customer from the coffee shop, who was hit by a car as Lily and her roommate raced across the street. With what offense are Lily and her roommate most likely to be charged?

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

Question 59

Aaron returns home after school to find his apartment has been ransacked. His tablet computer and television are missing. Aaron is the victim of what crime?

A) robbery
B) burglary
C) aggravated assault
D) arson

Question 60

Which term describes when mens rea and actus reus are both present?

A) causation
B) concurrence
C) action
D) fault

Question 61

Which is considered a defendant's response to a criminal charge?

A) strategy
B) defense
C) reaction
D) rebuttal

Question 62

State constitutions may give less protection and rights than the federal constitution, but they cannot give more.

Question 63

A 21-year-old male is charged with theft after stealing from a police officer posing as homeless person with cash sticking out of her pocket. Which defense may the offender claim?

A) entrapment
B) necessity
C) age
D) duress

Question 64

The United States Constitution is the supreme law of the land and takes precedence over state constitutions and law.

Question 65

In which defense may defendants claim they committed the act only because they were not acting of their own free will?

A) entrapment
B) necessity
C) duress
D) self defense

Question 66

In a typical criminal case, the prosecutor must establish that (a) the accused committed the illegal act and (b) the accused had the necessary mental state.

Question 67

Which defense is rooted in the idea that the defendant was operating under diminished capacity?

A) entrapment
B) necessity
C) duress
D) intoxication

Question 68

Steve's 97-year-old mother-in-law fell down the stairs at his house, and she said she could not get up. She also complained of chest pains and shortness of breath and asked Steve to call an ambulance because she thought she was having a heart attack. Steve assumed his mother-in-law was being overly dramatic and ignored her. When he went to check on her several hours later, she was dead. Steve could conceivably be prosecuted for his failure to act.

Question 69

The doctrine of stare decisis (Latin for "to stand by things settled") states that once a court has established a principle of law, it will apply to all future cases in which the facts are substantially the same.

Question 70

One's intent while committing a crime is usually easy to establish.

Question 71

Several prison inmates escape from the pentitentiary. After being caught, one inmate tells police she had to escape with her cellmate and others who planned the escape because she was threatened with death. Which type of defense might this inmate use?

A) entrapment
B) acting under duress
C) mentally ill
D) weak

Question 72

Which is a test for legal insanity that requires the defense to show the defendant did not understand the nature of his or her actions?

A) Not guilty by reason of insanity
B) Guilty but insane
C) Irresistible impulse test
D) M'Naghten test

Question 73

Which are laws that allow a homeowner to use deadly force against an intruder?

A) justifiable murder laws
B) self-defense laws
C) affirmative defense laws
D) stand-your-ground laws

Question 74

The American legal system is based on the French civil code.

Question 75

Which of the following best illustrates the concept of entrapment?

A) An undercover police officer poses as a prostitute with several actual prostitutes who are picking up potential customers.
B) An undercover drug agent attempts to purchase marijuana from a known drug dealer.
C) An undercover police officer persuades a reluctant individual to help him steal a car.
D) A undercover police officer provides an ingredient of an illegal drug to someone planning to make illegal substances.

Question 76

The major difference between civil and criminal matters is the penalty.

Question 77

Procedural law outlines the rules for that jurisdiction regarding selection of juries, appellate processes, evidence presented to a jury, and representation of counsel.

Question 78

Antonio is charged with battery, but claims that he had to commit battery to protect himself from further harm. This is referred to as which type of defense?

A) alibi
B) excuse
C) affirmative
D) rationale

Question 79

Substantive law establishes the definition of criminal acts, such as burglary and theft, and also describes the punishment for those who violate the law.

Question 80

Which of the following would best illustrate an affirmative defense?

A) The accused admits to shooting his neighbor, but says it was self-defense.
B) The accused admits his neighbor was shot, but denies he shot him.
C) The accused admits he saw someone shoot his neighbor, but acknowledges he did nothing to stop it.
D) The accused admits to shooting his neighbor and offers no justification for the act.