Test
LS100: Chapter 14 Practice Quiz
Preguntas del test (30)
1A crime is a social wrong or social evil that punishable under the law.
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2Why was the Model Penal Code adopted in whole or in part by many states?
- Ato create consistent criminal laws
- Bto create a system of criminal laws specific to one political party
- Cbecause states do not write their own laws and seek outside sources to write them
- Dbecause they want a strict criminal law system
3What are some things that a paralegal working for a criminal lawyer might do during the course of a regular work day? (Check all that apply)
- Aresearch the case law and the statutes applicable to the case
- Binterview witnesses to determine the facts of the case
- Creviews the paperwork for potential flaws in the pleadings or flaws in the laws relied upon in the pleadings
- Dtake the deposition of the client
- Edraft and file motions on behalf of client
4A defendant is always guilty until proven innocent.
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5What are some of the underlying reasons for criminal punishment--check all that apply.
- Aanger
- Bdeterrence
- Crehabilitation
- Deducation
- Eincapacitation
- Fretribution
6What are the two basic elements of a crime?
- Aanger and motive
- Bmotive and harm
- Cguilty state of mind and physical act by the defendent
- Dguilt and evidence
7Under the Model Penal Code, four states of mind fulfill the mens rea requirement: purposeful, knowing, reckless, and competent.
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8The mental element of a crime is called "mens rea," or the guilty mind.
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9An example of a purposeful act is when a defendant shot a gun at the victim, in self-defense.
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10What is a "knowing act"?
- AThe act is done by someone who knows the victim.
- Boccurs when the defendant acts with the knowledge that the result is almost certain to occur.
- Cthe defendant did not know or understand the result of the act
11A reckless act is one in which a person is careless or indifferent to the consequences of the action.
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12An example of a negligent act is when the defendant’s 1,000-acre ranch was clearly posted with “No Trespassing” signs; no one should have been on the ranch on the Fourth of July. The defendant fired his gun into the air and the bullet struck and injured a trespasser.
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13Actus reus is another way of referring to the guilty act or the physical aspect of the crime.
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14The action involved in the actus reus must be a voluntary act.
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15All crimes require both a mental and a physical act.
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16What does concurrence mean in the context of criminal law?
- AThe facts of the case support the defendant's argument.
- BThe underlying legal theory supports the prosecutor's position.
- CThe joining of the physical and mental elements of the crime.
- DThe defendant's attorney and the judge agree.
- EThe judge and jury agree.
17What are some examples of crimes against people? (Check all that apply)
- Aburglary
- Brape
- Cmurder
- Dhate crime
- Ebattery
- Fassault
18Crimes against property include burglary, embezzlement, and receiving stolen goods.
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19Hate crimes, vagrancy, rape and disorderly conduct are all examples of crimes against the public.
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20Felonies are not as serious as misdemeanors,
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21All homicides are crimes.
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22 First-degree murder is a homicide that is premeditated, willful, and deliberate.
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23Second degree murder is the same as manslaughter.
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24What is the difference between an assault and a battery?
- AThe victim suffers a physical injury with an assault, but there is only a threat of injury in a battery.
- BNo physical injury occurs in an assault.
- CThere has to be intent to harm in an assault, but not a battery.
25All kidnappings involve a false imprisonment.
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26There are three elements necessary ti prove burglary.
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27What are some possible things the defendant can do at trial? (check all that apply)
- AThe defendant may plead not guilty.
- BThe defendant may argue with the judge,
- CThe defendant may offer a defense.
- DThe defendant may plead with his/her attorney.
28When it comes to crimes, adults and juveniles are treated the same in the eyes of the law.
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29Can a juvenile receive the death penalty for a crime committed?
- Ayes
- Bno
30There is no uniformity among the states in how the juvenile court system works.
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- chapter 14 quiz
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