Criminal Law Final Flashcards
(124 cards)
1
Q
“An act prohibited or an omission required by law” is our definition of?
A. A felony
B. A tort
C. A misdemeanor
D. A crime
E. Probable cause
A
D. A crime
2
Q
Rules of conduct that are part of human nature and are found within the natural order with behaviors resulting from human reason, inspiration, and intuition are known as?
A. Positive Law
B. Tort Law
C. Ex post facto
D. Natural Law
E. Stare Decisis
A
D. Natural Law
3
Q
Law that originates from customs and use as opposed to law that is legislated or written is referred to as?
A. Roman Law
B. Federal Law
C. Tort Law
D. Common Law
E. Mala in Se
A
D. Common Law
4
Q
Acts that are regarded, by convention and tradition, as wrong in themselves are known as?
A. Infractions
B. Tort violations
C. Pro Se
D. Tortious Aloisis
E. Mala in Se
A
E. Mala in Se
5
Q
The Latin term meaning “guilty act” is?
A. Mala in Se
B. Mens rea
C. Actus reus
D. Carpus diem
E. Stare decisis
A
C. Actus reus
6
Q
A crime punishable by a year or more of incarceration or death is a?
A. Misdemeanor
B. Infraction
C. Positive Crime
D. Ex post facto
E. Felony
A
E. Felony
7
Q
The final exam in this class is worth how many points?
A. 15
B. 12
C. 20
D. 35
E. 40
A
C. 20
8
Q
The Latin term that means “to stand by things decided” or “let the decision stand” is?
A. Semper fidelis
B. Ex post facto
C. Stare decisis
D. E pluribus unum
E. Pro se
A
C. Stare decisis
9
Q
Which of the following is NOT one of the sources of criminal law discussed in class?
A. Statutes
B. Court decisions
C. Constitutions
D. Mayoral decrees
E. Administrative regulations
A
D. Mayoral decrees
10
Q
Another name for the Marvin K. Peterson Building on campus is?
A. Rec Center
B. Admissions Building
C. Engineering Building
D. The library
E. The business school
A
D. The library
11
Q
The Latin term that means the specific mental state of the defendant at the time of the crime is?
A. Mala prohibita
B. Lex talonis
C. Mens rea
D. Subpoena ad nauseum
E. Canis meus id comedit
A
C. Mens rea
12
Q
Motive can be used as an element of a crime and must be proved in court in order to find someone guilty. T/F
A
False
13
Q
Which of the following is NOT one of the four mental states discussed in Chapter 2?
A. Constructive intent
B. General intent
C. Specific intent
D. Caused intent
E. Transferred intent
A
D. Caused intent
14
Q
Your instructor’s office is located where?
A. Maxcy Hall
B. Echlin Hall
C. BCST
D. Harugari Hall
E. South Campus Hall
A
E. South Campus Hall
15
Q
A person who may or may not be aware of what they possess is found to be in?
A. Actual possession
B. Constructive possession
C. Acknowledged possession
D. Mere possession
E. Indicative possession
A
D. Mere possession
16
Q
A gross deviation from the standard of care required of an individual is referred to as?
A. Breach of Peace
B. Recklessness
C. Felonius deviation
D. Criminal negligence
E. Unlawful standardization
A
D. Criminal negligence
17
Q
Employers being held responsible for actions of their employees is referred to as?
A. Enterprise liability
B. Corporation liability
C. Vicarious liability
D. Strict liability
E. Actual liability
A
C. Vicarious liability
18
Q
Motive means the same thing as intent. T/F
A
False
19
Q
According to the video about Kenneth Parks in Chapter 2, unlike the United States, Canadian prosecutors can appeal a murder trial verdict of “not guilty”. T/F
A
True
20
Q
In order for an action to be considered criminal, the act itself and the required mental state must occur at the same time, this is referred to as?
A. Legal guilt
B. Factual guilt
C. Concurrence
D. Causation after the fact
E. Double jeopardy
A
C. Concurrence
21
Q
The subject matter or geographical area that the authority of a government entity covers, in particular a court of law, is referred to as?
A. The G.A.
B. Area of legal expertise
C. Jurisdiction
D. Qualified location
E. Constitutional parameter
A
C. Jurisdiction
22
Q
Due process clauses are found in?
A. 4th & 6th amendments
B. 2nd & 8th amendments
C. 3rd & 6th amendments
D. 5th & 14th amendments
E. 1st & 7th amendments
A
D. 5th & 14th amendments
23
Q
The term associated with jurisdiction that refers to the geographic location of where a trial should be held is?
A. Geographical area
B. Court docket location
C. Tria area
D. Court jurisdiction
E. Venue
A
E. Venue
24
Q
The double jeopardy clause in the Bill of right is located in the?
A. 1st amendment
B. 5th amendment
C. 6th amendment
D. 2nd amendment
E. 4th amendment
A
B. 5th amendment
25
Laws that retroactively make criminal actions that were innocent at the time they were committed are known as?
A. Ex post facto laws
B. Felony laws
C. Infraction laws
D. Post ordinance laws
E. Misdemeanor laws
A. Ex post facto laws
26
Two exceptions to the double jeopardy clause are jurisdiction and trial defect. T/F
True
27
Based on the video on Due Process, the two concepts of due process are?
A. Procedural and formal
B. Substantive and positive
C. Mens rea and actus reus
D. Substantive and procedural
E. Mala in se & mala prohibita
D. Substantive and procedural
28
A special type of law, in the past, that declared a particular person guilty of a crime and thus be subjected to a punishment without trial or conviction and were legislative acts that singled out individuals or groups for punishment without a trial is known as?
A. Ex post facto
B. Strict scrutiny
C. Bill of attainder
D. Pro se judgement
E. Subpoena duces decum
C. Bill of attainder
29
The right against cruel and unusual punishment is found in?
A. 2nd amendment
B. 4th amendment
C. 6th amendment
D. 5th amendment
E. 8th amendment
E. 8th amendment
30
According to the 3-minute video on the Bill of Rights, which amendment is our most revered?
A. 4th amendment
B. 1st amendment
C. 5th amendment
D. 6th amendment
E. 8th amendment
B. 1st amendment
31
Crimes that are incomplete or unfinished are sometimes referred to as?
A. Crimes of opportunity
B. Procedural crimes
C. Anticipatory crimes
D. Ex-post facto crimes
E. Unadulterated crimes
C. Anticipatory Crimes
32
The three main inchoate crimes discussed in class were criminal attempt, criminal solicitation, and criminal conspiracy. T/F
True
33
One reason to classify inchoate acts as crimes is because acts done in for a crime point to the defendant's inclination to commit a crime. T/F
True
34
The term for an act or conduct in furtherance of the intent to commit the crime that goes beyond mere preparation is?
A. Unlawful preparation
B. Felonious activity
C. Extended intent
D. Criminal advancement
E. Substantial step
Substantial step
35
According to the video on criminal attempt, which of the following is NOT one of the common law tests that was relied on from the time of old law?
A. Rubicon test
B. Last act test
C. Series of acts test
D. Common law
E. Proximity test
D. Common law
36
The term for when a person cannot be punished for making the attempt to do something that is not specified as a crime even if this person misunderstands the law and believes it is a crime is referred to as?
A. Unspecified actions
B. Factual impossibility
C. Attempted unlawful vagueness
D. Legal impossibility
E. Abandonment
D. Legal impossibility
37
The MPC (model penal code) definition of criminal solicitation "with the purpose of promoting or facilitating a crime, commands, encourages, or requests another to engage in specific conduct which would constitute the crime or an attempt to commit a crime".
T/F
True
38
Mere knowledge is enough for conspiratorial liability T/F
False
39
According to the video on solicitation, which of the following crimes are most common in regard to solicitation?
A. Brank fraud
B. Loan sharking
C. Prostitution
D. Identity theft
E. Embezzlement
C. Prostitution
40
To apply a conspiracy charge, the specific intent for both intent to the conduct and intent to the result of the conduct are required. T/F
True
41
The video about the Umbrella Man referred to what event?
A. Las Vegas mass shooting
B. Oklahoma City bombing
C. JFK assassination
D. RFK assassination
E. Columbine school shooting
C. JFK assassination
42
A person who, after an offense has been committed, aids, conceals, or warns a principal with the intent that the principal avoid arrest, prosecution, conviction, or punishment for the crime is referred to as an accessory. T/F
True
43
A person who assists or promotes another to commit a crime is referred to as an accomplice. T/F
True
43
According to the video in chapter 5 about 6th amendment, which case extended the right to an attorney to those accused of committing state crimes?
A. Kent v. United States
B. Clinkscales v. Fish
C. Terry v. Ohio
D. Gideon v. Wainwright
E. Miranda v. Arizona
D. Gideon v. Wainwright
44
The two main types of defenses discussed in class were factual and actual. T/F
False
45
According to the alibi video, the Latin translation of the word "alibi" means?
A. Always faithful
B. Criminal intent
C. Not guilty
D. Tell the truth
E. Somewhere else
E. Somewhere else
46
When the accused admits to committing the act but makes a claim that it was necessary to do so in order to avoid some greater evil describes which type of defense?
A. Excuse
B. Pro bono
C. Justification
D. Quasi
E. Classified
C. Justification
47
A response to a criminal charge where the accused puts forth their own evidence claiming why they should not held criminally liable for their actions is referred to as an affirmative defense. T/F
True
48
Which of the following is NOT an example of a justification defense?
A. Self defense
B. Defense of property
C. Consent
D. Insanity
E. Defense of others
D. Insanity
49
In the Queen v. Dudley/ Stephens video, what case in the United States did the British courts look to for comparison?
A. In re Elliot
B. U.S. v. Holmes
C. Gault v. Arizona
D. U.S. v. Davison
E. Lancaster v. Clinkscales
B. U.S. v. Holmes
50
A form of danger that is imminent when the action or behavior of an aggressor makes the threat of harm or danger obvious is referred to as?
A. Clear and present
B. Actionable
C. Blatant
D. Felonious intent
E. Apparent
E. Apparent
51
A legal defense to charge of criminal conduct, for example an assault, that is legislated and that prevents sworn law enforcement personnel, such as police officers and other public officials from being held criminally responsible for the lawful execution of their duties is referred to as:
A. Defense of others
B. Excuse defense
C. Execution of public duty defense
D. Pro bon defense
E. Ipso facto defense
C. Execution of public duty defense
52
According to the video about Joe Horn calling 911 about his neighbor's house being burglarized, how many burglars were there?
A. Three
B. Four
C. One
D. Two
E. Unknown
D. Two
53
A circumstance where a person is forced to act against their own will, also referred to as compulsion is also referred to as a third-party waiver. T/F
False
54
A defense that asserts that someone claiming an injury either had agreed to sustaining the injury in question or understood and accepted the possibility if sustaining injury prior to the injurious activity that was undertaken is duress. T/F
False
55
A lack of knowledge of a fact that relates to a particular situation is referred to as?
A. Ignorance of fact
B. Ignorance of law
C. Mistake of fact
D. Mistake of law
E. Rule indifference
A. Ignorance of fact
56
A duress defense asserts that to avoid or prevent greater harm, it was necessary to commit an act that was unlawful? T/F
False
57
When a person fails to use normal or ordinary care to attain knowledge of the law, they may be held criminally responsible, that is referred to as?
A. Mistake of fact
B. Unlawful lack of knowledge
C. Culpable ignorance
D. Gravis cranium
E. Failure of scienter
C. Culpable ignorance
58
According to the video on insanity defenses, which of the following is NOT one of the rules/tests?
A. Durham rule
B. Irresistible impulse
C. MPC/ALI Rule
D. M'Naughten Rule
E. Competency Rule
E. Competency Rule
59
The legal term for the one human being killing another human being is homicide. T/F
True
60
The three types of homicide discussed in class are?
A. Excusable, criminal, capital
B. Criminal, depraved heart justifiable
C. Justifiable, criminal, capital
D. Criminal, justifiable, excusable
E. Depraved heart, excusable, capital
D. Criminal, justifiable, excusable
61
One human killing another under circumstances authorized by the law, as discussed in class, is referred to an excusable. T/F
True
62
According to the video in Chapter 6, 1st degree and/or capital murder has which two of the following characteristics?
A. Voluntary & premediated
B. Involuntary & heinous
C. Deliberate & premeditated
D. Heinous & deliberate
E. Premediated & heinous
C. Deliberate & premediated
63
Which of the following is NOT one the categories of criminal homicide discussed in class?
A. Felony murder
B. 2nd degree murder
C. Voluntary manslaughter
D. Involuntary manslaughter
E. Interstate manslaughter
E. Interstate manslaughter
64
The unintended killing of another person that is caused during the commission of an act that is unlawful (that is not a felony) or that results from criminal negligence is voluntary manslaughter. T/F
False
65
The Latin term that translates to "body of the crime" is?
A. Ex post facto
B. Fac ut vivas
C. Morte extremus
D. Corpus delecti
E. Carpe diem
D. Corpus delecti
66
Serial killers who are looking to control and overpower their victims and they enjoy seeing their victims suffer and beg for mercy are known as?
A. Power oriented
B. Visionary
C. Mission oriented
D. Hedonistic
E. Criminally insane
A. Power oriented
67
According to the video in CHapter 6, which serial killer was part of the inspiration for characters in Psycho, Texas Chain Saw Massacre, and Silence of the Lambs?
A. Gary Ridgeway
B. Dennis Rader
C. Ed Gein
D. Richard Ramirez
E. Richard Kuklinski
C. Ed Gein
68
The serial killer whose nickname was "The Iceman" was?
A. Richard Ramirez
B. Sam Little
C. Ted Bundy
D. Jeffery Dahmer
E. Richard Kuklinski
E. Richard Kuklinski
69
Serial murders are killings involving multiple victims that occur at the same time while mass murders are killings involving multiple victims over a period or range of time. T/F
False
70
Three common and distinct situations in relation to the commission of sexual assault are those committed by force, fear, or trick. T/F
True
71
A person in a lawful marital relationship can never be charged with sexual assault because consent is automatically implied due to the marriage being legal. T/F
False
72
According to the video on rape statistics in chapter 7, a person is sexually assaulted in the United States in every:
A. Four minutes
B. 28 minutes
C. 8 seconds
D. 16 minutes
E. 57 seconds
C. 8 seconds
73
According to the video in the chapter 7 on sexual assaults on college campuses, what percentage of those cases involved alcohol?
A. 35%
B. 75%
C. 62%
D. 50%
E. 29%
D. 50%
74
The term for someone having sexual activity with a dead body/ corpse is?
A. Bestiality
B. Polygamy
C. Monogamy
D. Necrophilia
E. Corpus delecti
D. Necrophilia
75
Sexual activity between relatives/ family members is referred to as?
A. Polygamy
B. Incest
C. Bigamy
D. Necrophilia
E. Monogamy
B. Incest
76
When a person knowingly and willfully enters a second marriage while being legally married to another person, that is known as?
A. Polygamy
B. Incest
C. Bestiality
D. Bigamy
E. Pedophilia
D. Bigamy
77
Sexual activity with children who are pre-pubescent (13 or younger), according to the text, is referred to as?
A. Incest
B. Polygamy
C. Pedophilia
D. Necrophilia
E. Bestiality
C. Pedophilia
78
According to the video in chapter 7 on age of consent, the age of consent is the same worldwide. T/F
False
79
Sexual activity with animals, according to the text, is referred to as?
A. Zoophilia
B. Necrophilia
C. Polygamy
D. Incest
E. Monogamy
A. Zoophilia
80
According to the video of former gymnastics team doctor Larry Nassar, how many victims was he accused of sexually assaulting?
A. 15
B. 30
C. 450
D. 65
E. 150
E. 150
81
According to the video on sexual assault on college campuses, the four elements of affirmative consent are voluntary, enthusiastic, continuous, communicative. T/F
True
82
According to the video on sexual assault on college campuses, the biggest date rape drug is?
A. Marijuana
B. Cocaine
C. Alcohol
D. Ecstasy
E. Xanax
C. Alcohol
83
According to the sexual assault statutes outlined in Chapter 7, all of them are classified as a?
A. Misdemeanor
B. Infraction
C. Federal offense
D. Felony
E. Capital offense
D. Felony
84
When one attempts to injure another OR threatens/ frightens to injure another with the present ability to do so is referred to as?
A. Battery
B. Assault
C. Breach of Peace
D. Felonious Interference
E. Threatening
B. Assault
85
An unlawful, unjustified, or offensive touching of another person is referred to as?
A. Battery
B. Assault
C. Breach of Peace
D. Felonious interference
E. Threatening
A. Battery
86
When the accused must be in a position to carry out the threatened battery immediately AND the threat of harm must be obvious is referred to as inherent ability. T/F
False
87
According to the video in chapter 8 about Lawrence Singleton, The Mad Chopper, he chopped off his victim's (Mary Vincent) what?
A. Feet
B. Fingers
C. Toes
D. Ears
E. Arms
E. Arms
88
The malicious and unlawful destruction, amputation, or permanently disabling or disfiguring of a member/organ of the body of another is referred to as?
A. Assault
B. Battery
C. Mayhem
D. Bodily mischief
E. Felonious disfigurement
C. Mayhem
89
According to the video about Lorena and John Wayne Bobbitt, which of the following caused Lorena's attack?
A. Problems with children\
B. Infidelity
C. Lack consortium
D. Repeated domestic violence
E. Financial problems
D. Repeated domestic violence
90
The taking and/or carrying away of the property of another (for larceny) or of a person (for kidnapping), according to the text, is referred to as asportation. T/F
True
91
The Lindbergh Baby kidnapper was tracked down initially using?
A. DNA
B. Gold certificates
C. Fingerprints
D. Dental records
E. Credit card receipts
B. Gold certificates
92
The Lindbergh case resulted in a law passed by Congress nicknamed "The Lindbergh Law" that allowed?
A. Miranda warnings to be waived
B. Kidnapping to be a felony in every state
C. Federal authorities' jurisdiction in cases that crossed state lines
D. State and federal authorities' equal jurisdiction
E. Law enforcement to search without probable cause
C. Federal authorities' jurisdiction in cases that crossed state lines
93
The unlawful violation of the personal liberty of another, according to the text, is referred to as?
A. Kidnapping
B. Asportation
C. Felonious transport
D. False imprisonment
E. A liberty violation
D. False imprisonment
94
In the video about cyber stalking, Patrick Macchione was what relation to his victim?
A. Friend
B. Co-worker
C. Cousin
D. Boyfriend
E. Classmate
E. Classmate
95
According to the video about Rebecca Schaeffer, which state was the first to enact laws regarding stalking?
A. California
B. New York
C. Florida
D. Texas
E. Indiana
A. California
96
According to the video, for how many years was Jacyee Dugard held captive?
A. 7
B. 2
C. 5
D. 3
E. 18
E. 18
97
According to the first video in Chapter 9, which crimes get confused most often?
A. Burglary, Assault, Battery
B. Robbery, Burglary, Theft
C. Theft, Assault, Robbery
D. Assault, Threatening, Battery
E. Breach of Peace, Threatening, Disorderly Conduct
B. Robbery, Burglary, Theft
98
A lady comes home from shopping at 2:00 pm and finds the back door kicked in. She
goes upstairs and finds a pillow case missing from the bed, all of the jewelry boxes
on the top of the dresser are askew and jewelry is missing. The top drawers to the
dresser are open and the other bedrooms have been ransacked. The good silverware
is missing from the hutch in the dining room and some small electronics are missing
from the den. She calls 911 and says (what most people would say) "I've been.......?"
A. Assaulted
B. Criminalized
C. Robbed
D. Ransacked
E. Victimized
C. Robbed
99
The FBI's Uniform Crime Reporting (UCR) Program defines robbery as the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. T/F
True
100
The theft of property from another person by means of threats of future violence, exposure of secrets, or taking or withholding official action is referred to as?
A. Burglary
B. Threatening
C. Stalking
D. Extortion
E. Felonious acquisition
D. Extortion
101
Robbery involving an occupied motor vehicle is also referred to as:
A. Vehicular assault
B. Car jacking
C. Extortion
D. Threatening
E. Embezzlement of a moving motor vehicle
B. Car jacking
102
The Latin term for a bribery type of agreement is quid pro quo. T/F
True
103
A form of extortion whereby a threat is made to disclose a secret, a crime, some type of social disgrace or an embarrassment that was discussed in class is referred to as blackmail. T/F
True
104
According to the video about former Illinois Governor Rod Blagojevich, how much did he receive for filing Barack Obama's vacant senate seat?
A. $25,000
B. $50,000
C. $125,000
D. $75,000
E. 0
E. 0
105
The nickname of the law enforcement operation on the college admissions scam video was Operation?
A. Make the Grade
B. Pass/Fail
C. Varsity Blues
D. Flunk Out
E. Final Exam
C. Varsity Blues
106
According to the video about the college admissions scandal, the heart of the scheme involved?
A. Phony high school transcripts
B. Bogus reference letters
C. Forged admissions essays
D. Fake athletic credentials
E. Swapped identification documents
C. Forged admissions essays
107
Money, goods or favor that is promised or given for the purpose of influencing the conduct or judgment of a person who is in a position of trust is referred to as felonious influencing. T/F
False
108
According to the text, 54% of robberies occur between 6pm and 6am. T/F
True
109
According to the video about the North Hollywood bank robbery, how many bank robbers were there?
A. 3
B. 4
C. 1
D. 5
E. 2
E. 2
110
According to the text, the wrongful taking and carrying away of the personal goods of another from his/her possession with the intent to convert to their own use is referred to as?
A. Pilfering
B. Larceny
C. Thievery
D. Extortion
E. Embezzlement
B. Larceny
111
According to the video about embezzlement, the most common form of committed by those who work in stores and restaurants is referred to as:
A. Overtime
B. Payroll
C. Lapping
D. Siphoning
E. Dipping
D. Siphoning
112
A property owner loses property rights to that property once its lost. T/F
False
113
According to the video on disability fraud, which federal agency was the target of the fraud?
A. Medicare
B. Medicaid
C. Small Business Administration
D. SNAP Program
E. Social Security Administration
E. Social Security Administration
114
5. The two main elements for larceny are the trespassory taking and carrying away the property of another without consent AND with the intent to steal. T/F
True
115
According to the video about larceny, is the term used for "taking and carrying away"?
A. Unlawful movement
B. Felonious transfer
C. Asportation
D. Trespassory transfer
E. Acquisition without consent
C. Asportation
116
According to the video about the counterfeiter from Canda, how much fake money did he make?
A. $300,000
B. $120,000,000
C. $50,000,000
D. $250,000,000
E. $100,000,000
D. $250,000,000
117
According to Frank Bourassa, the counterfeiter from Canada, he got most of his information on how to do it from?
A. Public library websites
B. Printing periodicals
C. Word of mouth
D. Other counterfeiters
E. Government websites
E. Government websites
118
According to the video on identity theft, someone's identity is stolen every?
A. 60 seconds
B. 2 seconds
C. 6 minutes
D. 2 minutes
e. Half hour
B. 2 seconds
119
According to the video on air bag fraud, the person under investigation was accused of making fake air bags using what?
A. Old clothes
B. Straw
C. Newspaper
D. Furniture stuffing
E. Plastic filler material
C. Newspaper
120
According to the video on library theft, one of the most common subjects of books being stolen from libraries is?
A. Sex
B. Bomb making
C. Counterfeiting
D. Cooking recipes
E. Dating techniques
A. Sex
121
According to the video on disability fraud, one subject claiming to have impaired vision in the video was caught doing what?
A. Playing golf
B. Skydiving
C. Snow boarding
D. Driving a boat
E. Playing flag football
122
In the Petit home invasion case, how many perpetrators were there?
A. 4
B. 3
C. 1
D. 5
E. 2
123
