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