2037565
Beschreibung
Quiz von cnolan9172, aktualisiert more than 1 year ago
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Erstellt von cnolan9172
vor mehr als 9 Jahre
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Frage 1
Frage
A crime is a social wrong or social evil that punishable under the law.
Antworten
- True
- False
Frage 2
Frage
Why was the Model Penal Code adopted in whole or in part by many states?
Antworten
-
to create consistent criminal laws
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to create a system of criminal laws specific to one political party
-
because states do not write their own laws and seek outside sources to write them
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because they want a strict criminal law system
Frage 3
Frage
What 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)
Antworten
-
research the case law and the statutes applicable to the case
-
interview witnesses to determine the facts of the case
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reviews the paperwork for potential flaws in the pleadings or flaws in the laws relied upon in the pleadings
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take the deposition of the client
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draft and file motions on behalf of client
Frage 4
Frage
A defendant is always guilty until proven innocent.
Antworten
- True
- False
Frage 5
Frage
What are some of the underlying reasons for criminal punishment--check all that apply.
Antworten
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anger
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deterrence
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rehabilitation
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education
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incapacitation
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retribution
Frage 6
Frage
What are the two basic elements of a crime?
Antworten
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anger and motive
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motive and harm
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guilty state of mind and physical act by the defendent
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guilt and evidence
Frage 7
Frage
Under the Model Penal Code, four states of mind fulfill the mens rea requirement: purposeful, knowing, reckless, and competent.
Antworten
- True
- False
Frage 8
Frage
The mental element of a crime is called "mens rea," or the guilty mind.
Antworten
- True
- False
Frage 9
Frage
An example of a purposeful act is when a defendant shot a gun at the victim, in self-defense.
Antworten
- True
- False
Frage 10
Frage
What is a "knowing act"?
Antworten
-
The act is done by someone who knows the victim.
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occurs when the defendant acts with the knowledge that the result is almost certain to occur.
-
the defendant did not know or understand the result of the act
Frage 11
Frage
A reckless act is one in which a person is careless or indifferent to the consequences of the action.
Antworten
- True
- False
Frage 12
Frage
An 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.
Antworten
- True
- False
Frage 13
Frage
Actus reus is another way of referring to the guilty act or the physical aspect of the crime.
Antworten
- True
- False
Frage 14
Frage
The action involved in the actus reus must be a voluntary act.
Antworten
- True
- False
Frage 15
Frage
All crimes require both a mental and a physical act.
Antworten
- True
- False
Frage 16
Frage
What does concurrence mean in the context of criminal law?
Antworten
-
The facts of the case support the defendant's argument.
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The underlying legal theory supports the prosecutor's position.
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The joining of the physical and mental elements of the crime.
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The defendant's attorney and the judge agree.
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The judge and jury agree.
Frage 17
Frage
What are some examples of crimes against people? (Check all that apply)
Antworten
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burglary
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rape
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murder
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hate crime
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battery
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assault
Frage 18
Frage
Crimes against property include burglary, embezzlement, and receiving stolen goods.
Antworten
- True
- False
Frage 19
Frage
Hate crimes, vagrancy, rape and disorderly conduct are all examples of crimes against the public.
Antworten
- True
- False
Frage 20
Frage
Felonies are not as serious as misdemeanors,
Antworten
- True
- False
Frage 21
Frage
All homicides are crimes.
Antworten
- True
- False
Frage 22
Frage
First-degree murder is a homicide that is premeditated, willful, and deliberate.
Antworten
- True
- False
Frage 23
Frage
Second degree murder is the same as manslaughter.
Antworten
- True
- False
Frage 24
Frage
What is the difference between an assault and a battery?
Antworten
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The victim suffers a physical injury with an assault, but there is only a threat of injury in a battery.
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No physical injury occurs in an assault.
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There has to be intent to harm in an assault, but not a battery.
Frage 25
Frage
All kidnappings involve a false imprisonment.
Antworten
- True
- False
Frage 26
Frage
There are three elements necessary ti prove burglary.
Antworten
- True
- False
Frage 27
Frage
What are some possible things the defendant can do at trial? (check all that apply)
Antworten
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The defendant may plead not guilty.
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The defendant may argue with the judge,
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The defendant may offer a defense.
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The defendant may plead with his/her attorney.
Frage 28
Frage
When it comes to crimes, adults and juveniles are treated the same in the eyes of the law.
Antworten
- True
- False
Frage 29
Frage
Can a juvenile receive the death penalty for a crime committed?
Antworten
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yes
-
no
Frage 30
Frage
There is no uniformity among the states in how the juvenile court system works.
Antworten
- True
- False
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