Final Exam Flashcards
(160 cards)
1
Q
T/F The study of criminal law is the study of crimes, moral principles, and common law.
A
True
2
Q
An unwritten but generally known rule that governs serious violations of the social code is known as a:
A
more
3
Q
An act prohibited or an omission required by law is our definition of:
A
a crime
4
Q
Law that is legitimately created and enforced by governments is known as:
A
positive law
5
Q
T/F An individual business or other legally recognized entity that commits a tort is known as a tortfeasor
A
True
6
Q
Criminal law that defines crimes and specific punishments is known as:
A
substantive law
7
Q
A serious crime that is generally punishable by death or incarceration for more than one year is known as a:
A
felony
8
Q
Acts that are regarded, by tradition and convention, as in wrong in themselves are known as:
A
mala in se
9
Q
The latin term that means to stand by what has been decided or let the decision stand is:
A
stare decisis
10
Q
Who initiates a civil case?
A
An individual
11
Q
The geographic district or subject matter over which the authority of a government body, especially a court, extends is known as:
A
jurisdiction
12
Q
T/F There are three essential elements/aspects of a crime: a criminal act (actus reus), a culpable mental state (mens rea) and a concurrence of the two
A
True
13
Q
Actus reus means:
A
a guilty act
14
Q
Mens rea means:
A
a guilty mind
15
Q
The degree of blameworthiness assigned to a defendant by a criminal court and the concomitant extent to which the defendant is subject to penalties by the criminal law is called:
A
criminal liability
16
Q
T/F The Bill of Rights refers to the first 10 amendments to the US Constitution, which were made part of the Constitution in 1791
A
True
17
Q
T/F The Executive Branch makes the law
A
False
18
Q
T/F The Judicial Branch enforces the law
A
false
19
Q
T/F A person who happens to be a drug user can be arrested for being a drug user
A
False
20
Q
Possession with awareness of what one possesses is known as:
A
Knowing possession
21
Q
Possession in which one has direct control over the object or objects in question is:
A
actual possession
22
Q
The ability to exercise control over property or objects, even through they are not in one’s physical custody is known as:
A
constructive custody
23
Q
Possession in which one may or may not be aware of what he or she possesses is:
A
mere possession
24
Q
True/False The two forms of mens rea are general and specific intent
A
True
25
The four states of mind discussed in class were:
Purposeful, knowing, reckless, negligent
26
True/False The Executive Branch interprets the law
False
27
True/False The insanity defense is an actus reus defense
False
28
True/False Corpus delecti translates to "the body of the crime"
True
29
True/False There are three components to corpus delecti: (1) a certain result has been produced (2) a person is criminally responsible for it and (3) the required motive of intent is present.
False
30
An actual link between an actor's conduct and a result is known as:
causation in fact
31
True/False The primary or moving cause that plays a substantial part in bringing about injury or damage that may be the first cause that sets in motion a string of events whose ultimate outcome is reasonably foreseeable is known as proximate cause.
True
32
True/False Necessary attendant circumstances refer to the facts surrounding an event and include things such as time and place.
True
33
Loss, disadvantage or injury or anything so regarded by the person affects, including loss, disadvantage or injury to any other person in whose welfare he or she is interested in is known as:
harm
34
The fact that behavior cannot be criminal is now law exists that both defines it as illegal and prescribes a punishment for it is known as the principle of:
legality
35
True/False A latin term that means after the deed or after the fact is "aftus deeus maximus"
False
36
Is a confession alone enough to convict a defendant?
No, a confession must be corroborated
37
True/False The double jeopardy clause means that you can't hold people criminally responsible for any particular crimes they've committed more than once
False
38
True/False In relation to the void for vagueness rule, the court that ruled a statue which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at it's meaning was the 9th Circuit Court of Appeals
False
39
The case discussed in class concerning void for vagueness was:
Chicago vs. Morales
40
____ is the killing of a human being by the act, procurement, or omission of another human being.
Homicide
41
Gumby stabs Pokey with a knife, hollering that he will kill Pokey. Pokey manages to pull a gun out of his pocket and shoots and kills Gumby. Pokey has committed _____
justifiable homicide
42
What is the legal definition of death today in most states in the United states?
cessation of brain function
43
What are the elements of murder?
an unlawful killing of a human being with malice aforethought
44
What is the corpus delecti of death?
Corpus delecti consists of a death of a human being and the fact that the death was caused by a criminal act or agency or another person
45
____ is the unlawful physical violence inflicted on another without their consent.
Battery
46
Effective consent is consent that has been obtained in a ____ manner
legal
47
What is battery?
intentional and offensive touching or wrongful physical contact without consent.
48
A person attempting an assault who has the immediate ability to do so has the
present ability
49
Sexual intercourse, whether consensual or not, with a person legally under age is:
statutory rape
50
What is the term used to describe the unlawful restraint by one person of another person freedom of movement without that persons consent or legal justification?
false imprisonment
51
What is the correct statement in regards to manslaughter?
Voluntary manslaughter is the unlawful killing of a human being without malice, that is done intentionally upon a sudden quarrel or in the heat of passion
52
T/F Three states permit physician assisted suicide
False
53
T/F The discovery of the body of the murder victim is necessary to prove criminal homicide
False
54
T/F The three types of homicide discussed in class were justifiable, excusable and criminal
True
55
T/F The act of deliberating, mediating on, or planning a course of actions, such as a crime in known as premeditation.
True
56
T/F A fight between two or more people in a public place to the terror of others, as discussed in class, is known as a rumble.
False
57
T/F The crime of mayhem is when a large group conspires to cause damage.
False
58
T/F When one person procures another to commit perjury, that is known as subornation of perjury.
True
59
T/F Vehicular homicide is the killing of a human being by the operation of a motor vehicle by another human being in a reckless manner likely to cause death of, or great bodily harm to another.
True
60
The trespassory taking and carrying away (as of property in the crime of larceny or a person in the crime of kidnapping) is known as:
Asportation
61
Which agency is primarily responsible for battling computer crimes?
FBI
62
The misappropriation of property already in the possession of the defendant is known as:
embezzlement
63
T/F FedEx delivers a package containing an expensive coat to Lady Gaga's house by mistake. The package is addresses to Beyonce but the coat fits Lady Gaga nicely so she decides to keep it. Lady Gaga is guilty of larceny.
True
64
T/F In cases of larceny, offenders gain possession of the property but not title to it.
True
65
Ashton Kutcher owns a Rolex watch. That watch is:
personal property
66
The offering, passing, or attempted passing of a forged document with knowledge that the document is false and with the intent to defraud is known as:
uttering
67
Lindsay Lohan threatens to reveal to the media that Snooki has actually read a book if Snooki doesn't pay Lindsay $30,000. Snooki pays Lindsay the money. Lindsay is guilty of:
extortion
68
T/F Intellectual property is a form of creative endeavor that can be protected through patent, copyright, trademark, or other legal means.
True
69
T/F Blackmail is a form of extortion.
True
70
A USGA meeting is held to decide on installing 42" flat screen TVs in all student housing, both on and off campus. A small flash mob of USGA members opposed to this idea launch into a Red Bull fueled rendition of Pit Bull's "Timber" at the top of their lungs to interrupt the meeting. Their offense would be:
disturbing a public assembly
71
Which of the following is the correct term used for the preparatory stage of a riot?
rout
72
Crime against the administration of government include:
perjury
73
T/F Sedition consists of communication or agreement intended to defame the government or incite treason..
True
74
T/F Espionage is the willful giving of false testimony under oath in a judicial proceeding
False
75
A public official who commits misconduct in office by doing something he/she has no right to do is guilty of:
malfeasance
76
What is not considered a crime against the administration of government?
extortion
77
T/F During his court appearance for throwing eggs at his neighbors house, Justin Beiber hurls some eggs in the courtroom which disrupts the proceedings. The Beibs has committed criminal contempt.
True
78
Sarah Palin stands outside of the Supreme Court of the United States using a bullhorn to scream that she can still see Russia from her house and interrupts the case being heard inside. Sarah Palin has committed:
obstruction of justice
79
T/F Fighting words are protected by the free speech in the 1st Amendment.
False
80
An unfinished crime that generally leads to another crime is known as a:
inchoate crime
81
T/F The three types of inchoate crimes discussed in class were criminal attempt, criminal conspiracy and criminal jurisprudence.
False
82
T/F Mere preparation to commit a crime is generally sufficient to constitute the crime of criminal attempt.
False
83
A legal test popular in England during the late 19th century which was abandoned amidst charges that the test made it impossible for law enforcement to prevent commission of a substantive crime is known as the:
Last Act test
84
Lying in wait, unlawful entry of a structure with the intent to commit a crime, possessing materials to be employed in a crime and reconnoitering a place contemplated for the commission of a crime are examples of:
Substantial steps
85
T/F The three main elements for the crime of conspiracy are (1) an agreement between two or more people (2) the intention to carry out an act that is unlawful or one that is lawful but is to be accomplished by unlawful means (3) a culpable intent on the part of the defendants.
True
86
T/F The logical/legal requirement that a conspiracy must involve two or more parties is known as the plurality requirement.
True
87
The encouraging, requesting or commanding another to commit a crime is known as:
Criminal Solicitation
88
A person whose acts directly resulted in the criminal conduct in question as discussed in class is the:
Principle first degree
89
A person who is present at the crime scene and who aided, abetted, counseled or encouraged the principle as discussed in class is known as:
Principle in the second degree
90
T/F The degree of criminal blameworthiness of one who aids, abets, encourages or assists another person in the commission of a crime is called accomplice
True
91
Criminal liability places on one party for the acts of another is known as:
Vicarious liability
92
The two types of defenses discussed in class were:
Legal and factual
93
The two forms of legal defense discussed in class were:
justifications and excuses
94
A type of criminal defense that must be raised and supported by the defendant independently of any claims made by the prosecutor is known as:
affirmative defense
95
T/F a necessity defense is often available where an actor commits a criminal act reasonably believing it to be necessary to do so to avoid the occurrence of a greater harm.
True
96
When a defendant admits to committing the act in question but claims it was necessary to avoid some greater evil is known as a:
justification defense
97
T/F Self-defense is based on the recognition that individuals have the inherent right to protect themselves and that to reasonably defend oneself from unlawful attack is a natural response to threatening situations.
True
98
T/F Bruno Mars watches Justin Timberlake unlawfully start a fight with Pharrel Williams. Pharrel Williams begins to get the best of Justin Timberlake, so Bruno Mars steps in to help Justin Timberlake. Bruno Mars may NOT escape criminal responsibility by claiming that his action was the legitimate defense of others.
True
99
The degree of force that is appropriate in a given situation and is not excessive; the minimum degree of force necessary to one's self, one's property, a third party or the property of another in the face of a substantial threat as discussed in class is known as:
Reasonable force
100
A rule that says a person can only defend a third party under circumstances and only to the degree that the third party could act is known as the:
alter-ego rule
101
An exception to the retreat rule that recognizes a person's fundamental rights to be in his or her own home and also recognizes the home as a final and inviolable place of retreat as discussed in class is known as the:
castle exception
102
T/F A defense to a criminal charge, such as assault, that is often codified and that preludes the possibility of police officers and other public employees from being prosecuted when lawfully exercising their public duties is known as execution of public duty defense.
True
103
T/F Most states have a "fleeing felon rule"
false
104
Justin Bieber kidnaps Katy Perry and John Mayer at gunpoint. Justin Bieber then drives them to a bank and tells John Mayer to go and rob the bank or else he will kill Katy Perry. John Mayer robs the bank. John Mayer's defense to a charge of bank robbery would be:
Duress
105
Lack of knowledge of some fact relating to the situation at hand is known as:
ignorance of fact
106
T/F Culpable ignorance is an individual's failure to exercise ordinary care to acquire knowledge of the law that may result in criminal liability.
True
107
A defense that is built on the assertion that, had it not been for government instigation, no crime would have occurred is known as:
entrapment
108
A complex of signs and symptoms presenting a clinical picture of a disease or disorder as discussed in class is known as a:
syndrome
109
T/F A person found competent to stand trail if, her or she, at the time of the trial, has sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings.
True
110
NGRI stands for:
Not Guilty by Reason of Insanity
111
What is not a challenge to a successful insanity defense?
Time spent in court
112
T/F The time frame that competency to stand trial focuses on is the time of the crime.
False
113
A legally recognizable cause: the type of cause that is required to be demonstrated in court in order to hold an individual criminally liable for causing harm is known as:
legal cause
114
A defense to a charge of attempted criminal activity that claims the defendant could not have factually or legally committed the envisioned offense even if he or she had been able to carry through the attempt to do so is the defense of:
impossibility
115
T/F A justification defense is where the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.
False
116
An answer to a criminal charge in which the defendant takes the offensive and responds to the allegations with his or her own assertions based on legal principles is known as:
affirmative defense
117
Consent is what kind of defense?
justification defense
118
A form of imminent danger that is said to exist when the conduct or activity of an attacker makes the threat of danger obvious as discussed in class is known as:
apparent danger
119
T/F GBMI means guilty but mentally ill
True
120
The Durham Rule is also known as the:
Impulse Rule
121
The commission of traditional crime, such as murder, with the intention of coercing a population or influencing a government through fear or intimidation is known as:
terrorism
122
Which of the following is the only crime mentioned in the US Constitution?
Treason
123
A formal written order issued by a body with administrative or judicial jurisdiction is known as a:
writ
124
T/F The US Patriot Act was passed in response to the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma.
False
125
T/F One of the common elements to the crime of terrorism is that a death must result.
False
126
Illegal immigration in which an agent is paid to help a person cross the border clandestinely is called:
human smuggling
127
The Trafficking Victims Reauthorization Act of 2003 is a:
Federal statute
128
Bruno Mars tells One Direction he can help sneak them into America from the UK illegally because their singing is so bad they couldn't get a work visa and he promises them safe passage and a good job. Once Bruno gets them into the US, he forces them to work against their will as Starbucks baristas. Bruno is guilty of...
trafficking in persons
129
T/F Habeas Corpus means body of the crime
False
130
T/F The exploitation of unwilling or unwitting people through force, coercion, threat, or deception is know as TIP.
True
131
An offense committed against the social values and interests represented in and protected by criminal law and in which parties to the offense willingly participate is called:
victimless crimes
132
What may be defined as "that which appeals to the prurient interest and lacks serious literacy, artistic, political or scientific value?
Obscenity
133
The term used when someone has sexual relations with a relative through blood or marriage such as ones brother, sister, father, mother is known as:
incest
134
T/F The term lascivious refers to uncontrolled gambling behavior.
False
135
T/F Polygamy is unlawful sexual intercourse with a relative by blood or marriage.
False
136
LA cops pull over Seth Rogan and after a cloud of smoke exits his car window, inside they observe mass quantities of a green, leafy substance defined as a bioactive or psychoactive chemical substance that comes under the purview of the criminal law, the cops are observing a:
Controlled substance
137
A section of the Federal Crime Control act used often in large narcotics investigations mentioned in class is known as:
RICO
138
T/F The word drug is a generic term applicable to a wide variety of substances that have any physical or psychotropic effect on the human body.
True
139
Soliciting a person to perform an act of prostitution is also known as:
Pandering
140
T/F Crimes against public decency have specific and identifiable victims.
False
141
A survey conducted annually by the Bureau of Justice Statistics that provides information on households that report being affected by crime is the:
NCVS
142
What was a historical epoch during which victims had well recognized rights, including a personal say in imposing punishment in offenders?
Golden Age of the Victim
143
T/F Notoriety for Profit laws are also known as "Son of Sam" laws
True
144
T/F Problems that follow from initial victimization are referred to as post crime victimization and/or secondary victimizations.
True
145
T/F A victim is anyone who complains about a crime that has been committed.
False
146
There was a renewed interest in the victims of crime and laws designed to compensate victims of crime in the:
1960's
147
A court requirement that a convicted offender pay money or provide services to the victim of a crime or provide services to the community is known as:
Restitution
148
Justin Bieber has been convicted and found guilty of having feloniously worn his pants way too low making millions of people traumatized and was sentenced to serve five years in prison. While in prison he films a music video about his vertically challenged pants but is prevented from making a profit from it by:
Son of Sam Laws
149
T/F In court use of victim or survivor supplied information by sentencing authorities who want to make an informed sentencing decision is called a restitution statement.
False
150
T/F Regardless of the personal and property dimensions of crime, which are separate, chargeable offenses, the crime of terrorism is defined by its public nature.
True
151
T/F All terrorists act on behalf of governments.
False
152
A writ challenging the legality of incarceration or ordering a prisoner to be brought before a court to determine the legality of the prisoner's detention is known as a writ of?
habeas corpus
153
The primary federal statute governing the collection of foreign intelligence by federal law enforcement agencies is known as:
FISA
154
Aiding, abetting, counseling, or commanding another in the commission of prostitution is known as
Pimping
155
What is a crime against public decency?
Prostitution
156
What type of crime against public indecency involved obscene behavior?
Lewdness
157
Which schedule of the Federal Controlled Substances Act does codeine fall under?
II
158
What does NOVA stand for ?
National Organization of Victim Assistance
159
T/F A victim/witness assistance program is a service organization that works to provide comfort and assistance to victims of crime and to witnesses.
True
160
T/F Victims advocates built a platform of victims' rights on one, single principle.
False
