62. Proceedings in civil court are normally initiated by the plaintiff.
a. True
b. False
63. In a criminal case, the wrongful act is the violation of a statute that prohibits some type of activity.
a. True
b. False
64. In a civil court, the court is concerned with private and public rights.
a. True
b. False
65. Most criminal cases involve a request for monetary damages in recognition that a wrong has been committed.
a. True
b. False
66. The accused party in both criminal and civil cases is known as the defendant.
a. True
b. False
67. Criminal law concerns offenses that are against the society as a whole.
a. True
b. False
68. Third degree felonies are punishable by a maximum penalty of life imprisonment.
a. True
b. False
69. Murder is a mala in se offense.
a. True
b. False
70. Actus reus refers to guilty intent as an element of a crime.
a. True
b. False
71. An inchoate offense is an attempted or incomplete offense.
a. True
b. False
72. Defendants who are found “guilty but mentally ill” do not serve criminal sentences.
a. True
b. False
73. With the creation of the juvenile justice system in the early 1900s, the infancy defense became redundant.
a. True
b. False
74. Involuntary intoxication is a valid criminal defense.
a. True
b. False
75. Duress, self-defense, entrapment, and necessity are examples of excuse defenses.
a. True
b. False
76. Entrapment is a justification defense in which the offender claims that he or she was induced to commit the crime
by a public official.
a. True
b. False
77. Procedural criminal law defines the acts that the government will punish.
a. True
b. False
78. Due process is addressed in the Fifth and Fourteenth Amendments to the Constitution.
a. True
b. False
79. Legally a victim has no role in the prosecution of an offender.
a. True
b. False
80. is the body of law enacted by legislative bodies.
81. A is a procedure through which the citizens of a state, by collecting enough signatures,
can force a public vote on a proposed change to a state law.
82. Thanks to the of the Constitution, federal law will almost always prevail.
83. consists of the rules, orders, and decisions of regulatory agencies.
84. All law can be divided into two categories: civil law and .
85. __________ are private wrongs.
86. The burden of proof in the American criminal court system is .
87. have a maximum penalty of death.
88. refers to acts that are considered crimes only because they have been codified as such
through statute.
89. Criminal law requires that the or “the body of the crime” be proved before a person
can be convicted of wrongdoing.
90. In a civil court, the legal responsibility for one’s own or another’s actions is called .
91. A failure to exercise the standard of care that a reasonable person would exercise in similar circumstances is
____________________.
92. Offenses punishable by 30 days to a year in jail are .
93. is a negligent homicide, in which the offender had no intent to kill the victim.
94. Strict liability crimes hold the defendant to be guilty even if the to commit the offense is lacking.
95. Felony-murder is a form of murder that applies when a person participates in any of a list of serious
felonies that results in the unlawful killing of a human being.
96. means that the guilty act and the guilty intent must occur together.
97. occurs when the intent to kill may be present but malice is lacking.
98. Crimes motivated by bias against an individual or a group based on race, ethnicity, religion, gender, sexual
orientation, disability, or age are considered .
99. is a defense for criminal liability that asserts a lack of criminal responsibility due to
mental instability.
100. Ordinarily, ignorance of the law, or , is not a valid criminal defense.
101. The is the requirement that a person claiming self-defense prove that she or he took
reasonable steps to avoid the conflict that resulted in the use of deadly force.
102. Deadly force can be used in self-defense if there is a that imminent death or bodily
harm will otherwise result, if the attacker is using unlawful force.
103. The and Amendments require that no one can be deprived of life, liberty, or
property without due process of law.
104. The Amendment guarantees that no person can be required to be a victim against himself or
herself.
105. due process is the constitutional requirement that laws used in accusing and convicting
persons of crimes must be fair.
106. Identify and discuss the four written sources of American criminal law.
107. Discuss the purposes of criminal law.
108. Explain the categories of “criminal harm.”
109. Discuss the differences between civil law and criminal law.
110. Describe felonies and misdemeanors and discuss the differences between the two.
111. Explain the difference between crimes that are mala in se and crimes that are mala prohibita.
112. Explain the difference between first and second degree murder.
113. Explain how the doctrine of strict liability applies to criminal law.
114. Discuss the most important excuse defenses.
115. Explain under which circumstances intoxication can be a valid defense. Give an example.
116. Consider the following example: Johnny mistakenly walks off with Jenny’s suitcase because he thought it was his.
Which defense could Johnny use against theft charges and why would that be a valid defense?
117. Discuss the justification defenses of duress, self-defense, necessity, and entrapment. Describe a situation in which
each defense may be used.
118. List the requirements of a duress defense.
119. Explain the importance of the due process clause in the Constitution.
120. Compare substantive due process with procedural due process.
Procedural due process is a provision in the Constitution that states that the law
o
must be carried out in a fair and orderly manner.