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Question 1
2.5 Points
In most jurisdictions, a felony is:
any crime punishable by incarceration of less than one year.
a crime punishable by incarceration of more than one year.,
a crime punishable by up to 15 days in jail.
none of these.
Question 2
2.5 Points
The burden of proof for an affirmative defense is preponderance of evidence?
True
False
Question 3
2.5 Points
The Good Samaritan Doctrine is the majority position; it imposes upon an individual a legal duty to summon or render aid for an imperiled stranger.
• True
B)
• False
Question 4
2.5 Points
The Model Penal Code was published by the _ an organization or distinguished judges, lawyers, and academics.
A National Center for State Courts
® Federal Judicial Center
American Law Institute
D
Academy of Criminal Justice Sciences
Question 5
2.5 Points
prohibits a law that both criminalizes behavior
which can be prohibited and criminalizes behavior which is constitutionally protected.
A The rule against ex-post facto
® The doctrine of overbreadth the rule against bills of attainder.
D
the doctrine of vagueness
Question 6
2.5 Points
The test of whether a statute or law is void-for-vagueness is:
A whether a person of ordinary intelligence is able to
understand what the law means.
® whether the defendant understood the law © whether a judge must look at the legislative history
of the statute to ascertain its meaning.
D
whether the court can understand the law and apply it to the facts.
Question 7
2.5 Points
In order to determine whether someone acted either recklessly or negligently, the trier of fact (jury or judge) will have to determine whether the person created a risk that was a gross deviation from the standard of care of a reasonable person.
A True
B False
Question 8
2.5 Points
Which of the following is a correct statement?
A words may never be a criminal act ® possession may never be a criminal act
All of these answers are correct statements.
status (a person’s state of being) may never be a criminal act
Question 9
2.5 Points
Passively standing by while someone commits a crime generally does not constitute accomplice liability.
True
• False
Question 10
2.5 Points
The objective test of entrapment asks whether the conduct was so shocking as to violate the due process clause.
True
• False
Question 10
2.5 Points
The objective test of entrapment asks whether the conduct was so shocking as to violate the due process clause.
True
• False
Question 11
2.5 Points
Which of the following is not a requirement of self defense?
the attack against which you are defending is imminent
the force against which you are defending is unlawful
the force against which you are defending is deadly force
the attack against which you are defending is unprovoked
Question 12
2.5 Points
The insanity rule which excuses a person whose mental disease cause him to lose the power to choose between right and wrong and to avoid doing the alleged act is known as the
A Durham Rule
® Model Penal Code / substantial capacity test irresistible impulse test
D M’Naghten Rule
Question 13
2.5 Points
The general rule concerning intoxication as a defense is that both voluntary intoxication and involuntary intoxication are defenses.
• True
® False
Question 14
2.5 Points
The exception of the mere presence rule arises when:
the defendant known that another is in the process of committing a crime
® there is no agreement to commit the crime defendants have a legal duty to act but fail to do so D there is no vicarious liability
Question 15
2.5 Points
A_
cannot create a legal duty to act.
A contract
B)
) special relationship
statute
D moral obligation
Question 16
2.5 Points
The principle of concurrence requires that the actor:
be the sole cause of the harm without any intervening factors.
® cause the harm with another actor
© have the required criminal intent at the same time
they engaged in the voluntary action.
Question 17
2.5 Points
Legal duty to render aide can be established only by contract or relationship.
True
B False
Question 18
2.5 Points
Proximate cause asks:
whether the defendant intended the harm that he caused.
® if the defendant alone caused the harm
© Whether the defendant set into motion a chain of
events which resulted in the harm
D
whether it is fair to hold the defendant responsible for the harm
Question 19
2.5 Points
An initial aggressor can only use force in self-defense if they completely withdraw from the attacks they have provoked.
• True
B False
Question 20
2.5 Points
Syndrome defenses are generally
A quickly becoming a license to kill and maim
® widely accepted by jurors frequently raised by defendants
D none of the above
Question 21
2.5 Points
Malum in se crimes or crimes of moral turpitude are:
inherently wrong or evil.
®
crimes that society and the legislature deem as wrong.
Question 22
2.5 Points
Laws that infringe fundamental rights such as the First Amendment’s freedom of speech and press are subjected to
by the courts, which means, in effect, that they
are presumed to be unconstitutional.
• the doctrine of saving construction
B judicial restraint minimal scrutiny
) strict scrutiny
Question 23
2.5 Points
The use of the insanity defense can only be used for murder charges.
True
B False
Question 24
2.5 Points
A law which criminalized the sale of beer to males under 18 and females under 21 may violate
A the Cruel and Unusual Punishment Clause ® the Fundamental Rights Clause the Equal Protection Clause
the Due Process Clause
Question 25
2.5 Points
You are a bank employee and are forced at gunpoint to divert funds into a special account. Failure to cooperate will result in the execution of your family. After complying, you are arrested for stealing the funds. Which of the following defenses would your attorney most likely employ?
A duress
® entrapment
© consent
) necessity
Question 26
2.5 Points
At a minimum, every crime must have a(n)
modus operendi
criminal intent
© criminal act
D a victim
Question 27
2.5 Points
Which one of the amendments in the Bill of Rights pertains to the right against self incrimination?
• Fifth
® Fourth
Sixth
First
Question 28
2.5 Points
In using self defense or defending others, a person can use:
the amount of force reasonably believed necessary, but never deadly force
only the force necessary to retreat within their home
the amount of force reasonably believed necessary
D
any amount of force
Question 29
2.5 Points
Possession is not an action, it is a passive condition and, therefore, it cannot establish the voluntary act needed for the actus reus element of a crime.
• True
® False
Question 30
2.5 Points
The prohibition against cruel and unusual punishment can be found in which amendment?
A Seventh
® Eighth
* Fourth
Fifth
Question 31
2.5 Points
John, a six year old child, falls of his bicycle and seriously injures himself. His parents didn’t provide the necessary medical attention and John dies. The parents are charged with criminal homicide. What is the basis of their criminal liability?
• transterred intent
® commission to act
• strict liability
) omission to act
Question 32
2.5 Points
In a majority of states, the defense of duress can’t be used for murder.
• True
B False
Question 33
2.5 Points
The burden of proof for the defendant for an affirmative defense is beyond a reasonable doubt.
True
• False
Question 34
2.5 Points
Which of the following is an incorrect statement about strict liability?
The US Supreme Court has upheld legislatures’ authority to pass strict liability crimes so long as they make clear they are imposing liability without fault.
) strict liability crimes require no voluntary act
) strict liability makes accidental injuries a crime
strict liability crimes are based on strong public policy rationales
Question 35
2.5 Points
The right-wrong test is just another name for the Model Penal Code test of insanity
• True
B False
Question 37
2.5 Points
At common law, accessories after the fact were treated less seriously than accomplices.
True
B False
Question 38
2.5 Points
Which of the following statements about vicarious liability is incorrect?
vicarious liability removes the mental element requirement of a crime.
vicarious liability often works together with strict liability
vicarious liability transfers the actus reus and mens rea of one party to another because of a
relationship
vicarious liability is based upon the relationship of the parties
Question 39
2.5 Points
Which of the following statements is incorrect?
• the objective entrapment test focuses on the government’s behavior
entrapment is a constitutional defense.
© the subjective entrapment test focuses on the
defendant
entrapment is an affirmative defense in which defendants must show some evidence they were entrapped
Question 40
2.5 Points
Which of the following is not a required element of the excuse of duress?
in most states, the person must not have committed murder.
® the person must have believed the threat was real
© the person must have acted under the great
emotional stress of the threat
D
the person must have been threatened with death or serious bodily injury.