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1 Marks: 2 According to the New York Jury Instructions,

Resolved Question:

1
Marks: 2
According to the New York Jury Instructions, the law requires the People to prove a defendant guilty beyond all possible doubt
Choose one answer.

a. true

b. false
Question 2
Marks: 2
Actus Reus is a term that means
Choose one answer.

a. Intent

b. Negligence

c. Trespatory Taking

d. Guilty Act
Question 3
Marks: 2
Ala. Code §12-15-34(d) lists 6 factors in assessing transferability of a juvenile case to an adult case. Which of the following is not a factor?
Choose one answer.

a. nature of the present offense

b. child’s prior record

c. demeanor

d. location of the offense
Question 4
Marks: 2
All criminal laws have been codified
Choose one answer.

a. False

b. True
Question 5
Marks: 2
An inference is
Choose one answer.

a. always unconstitutional

b. a permissive presumption

c. a mandatory presumption

d. a conclusive presumption
Question 6
Marks: 2
Boswell is charged with a misdemeanor. He may be sentenced for his crime with incarceration for a length of up to
Choose one answer.

a. 5 – 15 years

b. 3 years

c. 1 year

d. 15 years
Question 7
Marks: 2
Cage v. Louisiana was a United State Supreme Court case examining instructions on which of the following
Choose one answer.

a. a definition for reasonable doubt

b. Ex Post Facto

c. A and B

d. None of the above
Question 8
Marks: 2
Changes in the law favoring the Defendant can be applied retroactively.
Choose one answer.

a. True

b. False
Question 9
Marks: 2
Ex Post Facto laws are
Choose one answer.

a. forbidden

b. encouraged

c. formed in anticipation of an upcoming event

d. aimed at repeat traffic violators
Question 10
Marks: 2
Generally, an omission or failure to act is not a basis for criminal liability.
Choose one answer.

a. True

b. False
11
Marks: 2
If a jury is required to find Fact B if it found Fact A, it is considered an example of which of the following
Choose one answer.

a. conclusive presumption

b. unconstitutional

c. inference

d. permissive presumption
Question 12
Marks: 2
If a person is unable to ascertain that his conduct is forbidden by law, that law is considered unconstitutional due to
Choose one answer.

a. ex Post Facto

b. vagueness

c. contradiction

d. abandonment
Question 13
Marks: 2
If the government initiates the crime and the defendant was not predisposed to commit said crime, the defense would be
Choose one answer.

a. entrapment

b. duress

c. insanity

d. infancy
Question 14
Marks: 2
In a criminal case, most issues relevant to the criminal liability must be established, by the State by which of the following
Choose one answer.

a. beyond a reasonable doubt

b. by a preponderance of the evidence

c. more likely than not

d. clear and convincing
Question 15
Marks: 2
In a criminal case, the Burden of Proof lies with the Defendant.
Choose one answer.

a. false

b. true
Question 16
Marks: 2
In Patterson v. New York, 432 U.S. 197 (1977), the US Supreme Court held that it was unconstitutional for the Defendant to be required to prove an affirmative defense.
Choose one answer.

a. true

b. false
Question 17
Marks: 2
In the case of Hampton v. United States, 425 U.S. 484 (1976) the Defendant’s conviction was reversed by the US Supreme Court due to excessive governmental involvement in the crime
Choose one answer.

a. True

b. False
Question 18
Marks: 2
Inchoate crimes include each of the following except
Choose one answer.

a. Attempted Murder

b. Conspiracy

c. Negligence – Inchoate crimes are defined as acts that imply an inclination to commit a crime that is never completed.

d. Solicitation
Question 19
Marks: 2
Malum In Se is:
Choose one answer.

a. immoral in its nature and injurious in its consequences

b. an insanity defense

c. entrapment

d. the intent to commit a criminal act
Question 20
Marks: 2
Malum Prohibitum is:
Choose one answer.

a. a wrong in itself

b. a legislatively prohibited wrong

c. a law against drinking

d. a bad or invalid custom
21
Marks: 2
Mistake of the law is an absolute defense.
Choose one answer.

a. True

b. False
Question 22
Marks: 2
Most courts, in a defense based on duress, require which of the following
Choose one answer.

a. a threat of death or serious bodily harm usually to the Defendant himself

b. severe depression

c. loss of employment

d. none of the above
Question 23
Marks: 2
Necessity differs from duress in that
Choose one answer.

a. defendant’s conduct is usually precipitated by natural forces rather than human forces

b. defendant’s conduct is based on a compulsion

c. defendant’s actions are based on human forces rather than natural forces

d. none of the above
Question 24
Marks: 2
Strict Liability and Vicarious Liability are examples of
Choose one answer.

a. Liability without Fault

b. Felonies

c. Misdemeanors

d. Crimes justified by the 8th Amendment of the US Constitution
Question 25
Marks: 2
Strict Liability crimes require mens rea.
Choose one answer.

a. True

b. False
Question 26
Marks: 2
The defense of involuntary intoxication is similar to
Choose one answer.

a. insanity

b. voluntary intoxication

c. self defense

d. necessity
Question 27
Marks: 2
The general rule is that a person can use whatever force, short of deadly force, reasonably appears to be necessary to protect the property and/or prevent the crime
Choose one answer.

a. True

b. False
Question 28
Marks: 2
The Model Penal Code rejects the traditional terminology of which of the following?
Choose one answer.

a. “specific intent” and “general intent”

b. crime

c. punishment

d. Strict Liability
Question 29
Marks: 2
The M’Naghten test is employed to ascertain which of the following
Choose one answer.

a. entrapment

b. insanity

c. blood type

d. propensity
Question 30
Marks: 2
The M’Naghton Test is often employed in determining
Choose one answer.

a. paternity

b. mental capacity to distinguish right from wrong

c. proximate cause

d. self-defense
31
Marks: 2
The reason the burden of proof is so high in a criminal trial is
Choose one answer.

a. We are more concerned with what happens in a civil case

b. Most people don’t consider incarceration free room and board

c. Prosecutor’s appreciate the challenge

d. Society’s belief that we do more harm by convicting an innocent person than we do by acquitting one who is guilty
Question 32
Marks: 2
The subjective intent to commit an act that is against the law is known as
Choose one answer.

a. criminal intent

b. specific intent

c. general intent

d. common intent
Question 33
Marks: 2
The Supreme Court defines an Ex Post Facto law as
Choose one answer.

a. A law that aggravates a crime or makes it greater than when it was when committed

b. A law that retroactively deems an act a criminal act

c. A and B

d. None of the above
Question 34
Marks: 2
Under Cal. Penal Code § 211-215, Robbery is classified as which of the following?
Choose one answer.

a. misdemeanor

b. felony

c. tort

d. capital crime
Question 35
Marks: 2
Under Cal. Penal Code § 25-29, which of the following IS considered CAPABLE of committing a crime?
Choose one answer.

a. Persons who committed the act charged without being conscious thereof.

b. Children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness.

c. Persons operating a motor vehicle while working in a governmental capacity.

d. Idiots
Question 36
Marks: 2
Under Cal. Penal Code § 653.20, Loitering for the Purposes of Engaging in a Prostitution Offense is classified as which of the following?
Choose one answer.

a. tort

b. felony

c. misdemeanor

d. capital crime
Question 37
Marks: 2
Under the Model Penal Code which of the following is not one of the four separately recognizable states of mind regarding intent?
Choose one answer.

a. Purposefully

b. Knowingly

c. Negligently

d. Intentionally
Question 38
Marks: 2
Usually, actus reus and mens rea occur
Choose one answer.

a. concurrently

b. at least one day apart

c. unintentionally

d. vicariously
Question 39
Marks: 2
Voluntary Intoxication is an absolute defense
Choose one answer.

a. True

b. False
Question 40
Marks: 2
When the burden of proof is shifted to the Defendant the standard of proof is usually
Choose one answer.

a. beyond a reasonable doubt

b. by a preponderance of the evidence

c. clear and convincing

d. none of the above
41
Marks: 2
Which Amendment in the Bill of Rights limits punishment?
Choose one answer.

a. 1st Amendment

b. 3rd Amendment

c. 8th Amendment

d. 6th Amendment
Question 42
Marks: 2
Which case in your reading dealt with the Supreme Court’s upholding of a victimless crime
Choose one answer.

a. People v. Griswold

b. Bowers v. Hardwick

c. Payne v. Tenessee

d. A and B
Question 43
Marks: 2
Which of the following carries with it a potential sentence of over one year of incarceration?
Choose one answer.

a. misdemeanor

b. felony

c. violation

d. conviction
Question 44
Marks: 2
Which of the following could negate criminal liability?
Choose one answer.

a. Mistake of Fact

b. Attempt

c. Merger

d. Proximate Causation
Question 45
Marks: 2
Which of the following defenses allows a person to use whatever force reasonably appears to be necessary to prevent the immediate unlawful imposition of harm to himself
Choose one answer.

a. insanity

b. intoxication

c. self-defense

d. all of the above
Question 46
Marks: 2
Which of the following is a legal device employed by courts to justify convicting someone who intends to harm one but, in fact, harms another?
Choose one answer.

a. Liability without fault

b. Limitations on Liability

c. Transferred Intent

d. Model Penal Code
Question 47
Marks: 2
Which of the following is generally a necessary element of actus reus?
Choose one answer.

a. Insanity

b. Injury

c. Self-Defense

d. Voluntariness
Question 48
Marks: 2
Which of the following is not a presumption or inference, as defined in your reading?
Choose one answer.

a. Permissive Presumption

b. Opinion Presumption

c. Conclusive Presumption

d. Mandatory Presumption
Question 49
Marks: 2
Which of the following is not a purpose of punishment?
Choose one answer.

a. deterrence

b. restraint

c. reformation/rehabilitation

d. disproportionality
Question 50
Marks: 2
Which of the following is not one of the types of unlawful killings frequently classified as manslaughter?
Choose one answer.

a. killings perpetrated in the heat of passion

b. killings resulting from outrageously reckless conduct

c. killings arising out of the perpetration of particular misdemeanors

d. killings caused out of general recklessness

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