Question 1

Which of the following elements converts manslaughter to murder?

Accepted Answer

A)  Specific intent 
B)  Voluntariness 
C)  Premeditation 
D)  General intent 
A)  Specific intent 
B)  Voluntariness 
C)  Premeditation 
D)  General intent C

Question 2

A general statement of American criminal law is compiled in the

Accepted Answer

A)  American Law Reports . 
B)  United States Code Annotated . 
C)  Model Penal Code . 
D)  Rules of Court. 
A)  American Law Reports . 
B)  United States Code Annotated . 
C)  Model Penal Code . 
D)  Rules of Court. C

Question 3

The principal defense to a charge of rape is

Accepted Answer

A)  the victim was over the age of majority. 
B)  intoxication. 
C)  absence of physical injury. 
D)  consent. 
A)  the victim was over the age of majority. 
B)  intoxication. 
C)  absence of physical injury. 
D)  consent. D

Question 4

In Oliveras v. State , the court held that

Accepted Answer

A)  robbery must be defined as a specific intent offense if it is used to support a charge of felony murder, and several of the jury instructions were erroneous; therefore, the cumulative effect was that Oliveras's convictions should be reversed. 
B)  there was insufficient evidence that Oliveras agreed to murder Mendez-Rodriguez with Zambada, aided Zambada in the murder, and took property from Mendez-Rodriguez. 
C)  it would follow the rule of lenity and find that the robbery did not supply intent sufficient to hold Oliveras liable for murder under the felony-murder rule. 
D)  there was sufficient evidence that Oliveras aided with the murder and robbed the victim to support his convictions, and the court disagreed with Oliveras's assertion that robbery must be defined as a specific intent offense if it is used to support a charge of felony murder. 
A)  robbery must be defined as a specific intent offense if it is used to support a charge of felony murder, and several of the jury instructions were erroneous; therefore, the cumulative effect was that Oliveras's convictions should be reversed. 
B)  there was insufficient evidence that Oliveras agreed to murder Mendez-Rodriguez with Zambada, aided Zambada in the murder, and took property from Mendez-Rodriguez. 
C)  it would follow the rule of lenity and find that the robbery did not supply intent sufficient to hold Oliveras liable for murder under the felony-murder rule. 
D)  there was sufficient evidence that Oliveras aided with the murder and robbed the victim to support his convictions, and the court disagreed with Oliveras's assertion that robbery must be defined as a specific intent offense if it is used to support a charge of felony murder.

Question 5

A crime may be distinguished from a private action by

Accepted Answer

A)  the immorality of the conduct. 
B)  the party bringing the action. 
C)  the social outrage it causes. 
D)  whether or not it wrongs society. 
A)  the immorality of the conduct. 
B)  the party bringing the action. 
C)  the social outrage it causes. 
D)  whether or not it wrongs society.

Question 6

In the criminal law, general intent requires

Accepted Answer

A)  the specific result that occurred. 
B)  malice. 
C)  foreseeability of harm. 
D)  a harmful act. 
A)  the specific result that occurred. 
B)  malice. 
C)  foreseeability of harm. 
D)  a harmful act.

Question 7

The words malicious and willful most closely equate with what form of criminal intent?

Accepted Answer

A)  Transferred 
B)  Implied 
C)  Specific 
D)  General 
A)  Transferred 
B)  Implied 
C)  Specific 
D)  General

Question 8

Today, the primary source of the definition of crimes in the various states is found in

Accepted Answer

A)  the civil code. 
B)  judicial opinions. 
C)  the statutes. 
D)  the Rules of the Court. 
A)  the civil code. 
B)  judicial opinions. 
C)  the statutes. 
D)  the Rules of the Court.

Question 9

A criminal statute that includes "knowingly" in its language indicates a requirement of

Accepted Answer

A)  malice. 
B)  recklessness. 
C)  actus reus . 
D)  specific intent. 
A)  malice. 
B)  recklessness. 
C)  actus reus . 
D)  specific intent.

Question 10

Which two components are required to hold a person responsible for a criminal act?

Accepted Answer

A)  Mala in se and mala prohibita 
B)  Certiorari and corpus delicti 
C)  Malice prepense and malice aforethought 
D)  Mens rea and actus reus 
A)  Mala in se and mala prohibita 
B)  Certiorari and corpus delicti 
C)  Malice prepense and malice aforethought 
D)  Mens rea and actus reus

Question 11

Which of the following is an example of a crime of mala in se?

Accepted Answer

A)  Allowing a license tag to expire 
B)  Filing an income tax late 
C)  Child abuse 
D)  Parking violation 
A)  Allowing a license tag to expire 
B)  Filing an income tax late 
C)  Child abuse 
D)  Parking violation

Question 12

In Lane v. Ballot , the court held that

Accepted Answer

A)  a criminal conviction cannot be used in applying the doctrine of collateral estoppel to a civil case. 
B)  the doctrine of collateral estoppel cannot be applied until the appeal is final. 
C)  the superior court was correct in applying the doctrine of collateral estoppel to find that Lane's criminal conviction for assaulting Annie Ballot established that he was liable to her in tort. 
D)  the superior court was incorrect in applying the doctrine of collateral estoppel because the verdict against Lane of guilty but mentally ill was not sufficient to establish the elements of the crime of which he was convicted. 
A)  a criminal conviction cannot be used in applying the doctrine of collateral estoppel to a civil case. 
B)  the doctrine of collateral estoppel cannot be applied until the appeal is final. 
C)  the superior court was correct in applying the doctrine of collateral estoppel to find that Lane's criminal conviction for assaulting Annie Ballot established that he was liable to her in tort. 
D)  the superior court was incorrect in applying the doctrine of collateral estoppel because the verdict against Lane of guilty but mentally ill was not sufficient to establish the elements of the crime of which he was convicted.

Question 13

A defense to the crime of conspiracy is

Accepted Answer

A)  consent. 
B)  intoxication. 
C)  renunciation of criminal purpose. 
D)  the crime was unsuccessful. 
A)  consent. 
B)  intoxication. 
C)  renunciation of criminal purpose. 
D)  the crime was unsuccessful.

Question 14

In United States v. Heineman , the court held that

Accepted Answer

A)  Heineman's email was protected under the First Amendment. 
B)  One who sends an email that instills fear in the recipient can be convicted even if the sender did not intend to instill fear. 
C)  the statute under which Heineman was convicted was unconstitutional because it criminalized protected speech. 
D)  Heineman's conviction should be reversed and the case should be remanded for the trial court to determine whether Heineman intended his email to instill fear, a requirement under the statute criminalizing an interstate threat. 
A)  Heineman's email was protected under the First Amendment. 
B)  One who sends an email that instills fear in the recipient can be convicted even if the sender did not intend to instill fear. 
C)  the statute under which Heineman was convicted was unconstitutional because it criminalized protected speech. 
D)  Heineman's conviction should be reversed and the case should be remanded for the trial court to determine whether Heineman intended his email to instill fear, a requirement under the statute criminalizing an interstate threat.

Question 15

In United States v. Jewell (transporting drugs into the United States), the court held that

Accepted Answer

A)  ignorance of the presence of drugs in the defendant's car could not be a defense. 
B)  ignorance of the law is no defense. 
C)  deliberate ignorance was equivalent to knowledge. 
D)  knowledge is not a jury question. 
A)  ignorance of the presence of drugs in the defendant's car could not be a defense. 
B)  ignorance of the law is no defense. 
C)  deliberate ignorance was equivalent to knowledge. 
D)  knowledge is not a jury question.

Question 16

In People v. Christopherson , the court held that

Accepted Answer

A)  Christopherson could not be convicted because she was under twenty-one. 
B)  the charge was correctly dismissed because Christopherson had suffered enough already. 
C)  the trial court improperly dismissed the charge against Christopherson because there is no exception for someone under twenty-one. 
D)  the statute applied only to those who had reached their majority. 
A)  Christopherson could not be convicted because she was under twenty-one. 
B)  the charge was correctly dismissed because Christopherson had suffered enough already. 
C)  the trial court improperly dismissed the charge against Christopherson because there is no exception for someone under twenty-one. 
D)  the statute applied only to those who had reached their majority.

Question 17

The Model Penal Code treats attempted crimes as

Accepted Answer

A)  nonpunishable. 
B)  lesser included offenses. 
C)  equal in grade to successful crimes. 
D)  conspiracies. 
A)  nonpunishable. 
B)  lesser included offenses. 
C)  equal in grade to successful crimes. 
D)  conspiracies.

Question 18

If a man committed a crime while sleepwalking, his best defense would be

Accepted Answer

A)  insanity. 
B)  self-defense. 
C)  involuntary act. 
D)  lack of knowledge. 
A)  insanity. 
B)  self-defense. 
C)  involuntary act. 
D)  lack of knowledge.

Question 19

In Porras v. State , the court held that

Accepted Answer

A)  the evidence adduced at trial was insufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Porras was guilty of the crimes of which he was convicted. 
B)  Porras's conviction should be reversed; the evidence of the alternative account of the shooting was substantial, such that the jury could not have found Porras guilty beyond a reasonable doubt. 
C)  the evidence adduced at trial was sufficient to convict Porras and, although the trial court erroneously failed to charge that a witness can be impeached by proof of a prior felony conviction, the error was harmless. 
D)  the trial court's failure to charge that a witness also may be impeached by proof that the witness has been convicted of a felony was prejudicial error, and Porras's conviction should be reversed. 
A)  the evidence adduced at trial was insufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Porras was guilty of the crimes of which he was convicted. 
B)  Porras's conviction should be reversed; the evidence of the alternative account of the shooting was substantial, such that the jury could not have found Porras guilty beyond a reasonable doubt. 
C)  the evidence adduced at trial was sufficient to convict Porras and, although the trial court erroneously failed to charge that a witness can be impeached by proof of a prior felony conviction, the error was harmless. 
D)  the trial court's failure to charge that a witness also may be impeached by proof that the witness has been convicted of a felony was prejudicial error, and Porras's conviction should be reversed.

Which of the following elements converts manslaughter to murder?

A general statement of American criminal law is compiled in the

The principal defense to a charge of rape is

In Oliveras v. State , the court held that

A crime may be distinguished from a private action by

In the criminal law, general intent requires

The words malicious and willful most closely equate with what form of criminal intent?

Today, the primary source of the definition of crimes in the various states is found in

A criminal statute that includes "knowingly" in its language indicates a requirement of

Which two components are required to hold a person responsible for a criminal act?

Which of the following is an example of a crime of mala in se?

In Lane v. Ballot , the court held that

A defense to the crime of conspiracy is

In United States v. Heineman , the court held that

In United States v. Jewell (transporting drugs into the United States), the court held that

In People v. Christopherson , the court held that

The Model Penal Code treats attempted crimes as

If a man committed a crime while sleepwalking, his best defense would be

In Porras v. State , the court held that

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Exam 9: Criminal Law

Which of the following elements converts manslaughter to murder?

A general statement of American criminal law is compiled in the

The principal defense to a charge of rape is

In Oliveras v. State , the court held that

A crime may be distinguished from a private action by

In the criminal law, general intent requires

The words malicious and willful most closely equate with what form of criminal intent?

Today, the primary source of the definition of crimes in the various states is found in

A criminal statute that includes "knowingly" in its language indicates a requirement of

Which two components are required to hold a person responsible for a criminal act?

Which of the following is an example of a crime of mala in se?

In Lane v. Ballot , the court held that

A defense to the crime of conspiracy is

In United States v. Heineman , the court held that

In United States v. Jewell (transporting drugs into the United States), the court held that

In People v. Christopherson , the court held that

The Model Penal Code treats attempted crimes as

If a man committed a crime while sleepwalking, his best defense would be

In Porras v. State , the court held that

Law and the Profession of Law

Ethics

Sources of the Law Cases

Sources of the Law Legislation

Trial and Appellate Courts

State and Federal Courts

Procedure in Civil Cases

The Law of Criminal Procedure

Torts Personal Injury and Compensation

Contracts and Commercial Law

The Law of Property

Family Law

Administrative Law and Procedure

Filters