True / False
1. The roots of criminal law in the United States can be directly traced to the Bible.
a. True
b. False
2. Feticide Law makes killing of an unborn fetus murder.
a. True
b. False
3. An immediate relationship must always exist between the act and the actor’s intent for a crime to occur.
a. True
b. False
4. Entrapment is a defense against criminal culpability that is found in the Bill of Rights.
a. True
b. False
5. Self-defense as a justification requires imminent danger.
a. True
b. False
Chapter 03 : Criminal Law
6. The ideas and principles that society considers important at a given time and in a given place have no bearing on a
court’s decision on what exactly constitutes due process in a specific case.
a. True
b. False
7. Until recently, sexual relations between consenting same-sex adults was punished as a serious felony.
a. True
b. False
8. Community notification laws are used to inform neighborhoods and families that there has been a formal complaint
has been filed for harassment.
a. True
b. False
9. The Fourth Amendment limits the admissibility of confessions that have been obtained unfairly.
a. True
b. False
10. The CAN SPAM Act is legislation that attempts to reduce the amount of processed food that can be bought and
sold to those that receive government assistance
a. True
b. False
Chapter 03 : Criminal Law
11. When the Supreme Court decides a case, if the justices are conservative minded, they are less likely to create new
rights and privileges and more likely to restrict civil liberties.
a. True
b. False
12. Substantivedueprocessreferstoacitizen’srighttobeprotectedfromcriminallawsthatmaybebiased,
discriminatory and otherwise unfair.
a. True
b. False
13. Bail is forfeited if the defendant misses the trial date.
a. True
b. False
14. There are certain offenses in which mens rea is not essential.
a. True
b. False
15. For a person to be considered to have committed a crime, some act is required to prove the actors willingness to
commit harm.
a. True
b. False
Multiple Choice
16. American civil law is primarily concerned with:
a. compensating the injured party for harm.
b. protecting the public against harm.
c. Controlling social values and mores.
d. Contracting legal obligations between aggrieved individuals.
17. The branch of law that defines crimes and their punishment?
a. Martial Law b. Substantive criminal law
c. Civil Law d. Public Law
18. Which of the following statements does not apply to criminal law?
a. Crime is a public offense.
b. The right of enforcement belongs to the state.
c. Fines go to the state.
d. Both parties can appeal.
19. The law today can generally be divided into four broad categories. Which of the following is not one of these
categories?
a. Procedural criminal law b. Substantive criminal law
c. Civil law d. Procedural civil law
Chapter 03 : Criminal Law
20. Which of the following is not a source of criminal law?
a. Common law b. Biblical decree
c. Statutes d. Case decisions
21. Regardless of its source, all criminal laws in the U.S. must conform to the rules and dictates of the:
a. U.S.Attorney’sOffice b. U.S. Court of Appeals
c. United States Senate d. U.S. Constitution
22. The term stare decisis means:
a. an eye for an eye. b. inherently evil.
c. a statute created by a legislative body. d. to stand by decided cases.
23. Sue has committed robbery with deadly weapon. This would be considered a __________ crime
a. Mala in se b. Nolo Prequi
c. Mala Prohibitum d. Civil
24. What is the most common definition of a felony?
a. A crime punishable in the statute by death or imprisonment in a state prison.
b. Any crime punishable by imprisonment in a jail or state prison.
c. A crime punishable by grand jury indictment.
d. Any crime for which one can be imprisoned for more than three years in prison.
Chapter 03 : Criminal Law
25. Which of the following is not legally considered a crime?
a. Manufacturing dangerous drugs
b. Selling dangerous drugs
c. Being addicted to dangerous drugs
d. All of these are legally considered crimes.
26. Which of the following statements is false regarding the comparison of felonies and misdemeanors?
a. A felony is an offense generally punishable by death or imprisonment in a penitentiary, whereas a
misdemeanor is generally punishable by a fine or imprisonment elsewhere than in a penitentiary.
b. A person convicted of a felony may be barred from certain fields of employment or some professions,
whereas a person convicted of a misdemeanor is not.
c. An arrest for a felony or misdemeanor may be made regardless of whether the crime was committed in the
officer’s presence, as long as the officer had reasonable grounds to believe that the person committed the
crime.
d. Distinguishing between a felony and a misdemeanor is sometimes difficult.
27. The individual’s state of mind or intent to commit a crime is formally referred to as:
a. stare decisis b. mala in se
c. mens rea d. actus reus
28. The term actus reus refers to the:
a. measurement of mental ability b. exclusion of omission
c. guilty person d. guilty act
Chapter 03 : Criminal Law
29. Certain statutory offenses exist in which mens rea is not essential. These offenses fall within a category known as:
a. torts. b. strict liability crimes.
c. mala in se crimes. d. stare decisis.
30. Narcotics control laws, health and safety regulations, and sanitation laws are examples of what legal principle?
a. Recklessness b. Criminal negligence
c. Malice d. Strict liability
31. Individuals that claim insanity as a criminal defense, may not have the ability to form ___________.
a. mala in se b. mens rea
c. actus reus d. stare decisis
32. The defense of mistake ultimately rests on proving a(n):
a. presumption of guilt
b. lack of intent
c. existence of extenuating circumstances
d. post facto affirmative presumption of innocence due to entrapment
33. The effect of intoxication upon criminal liability depends on:
a. the type of intoxicant used.
b. whether the defendant uses drugs or alcohol voluntarily.
c. whether the consumption of intoxicant began prior to the crime.
d. whether the defendant has prior convictions.
Chapter 03 : Criminal Law
34. Intoxication and age are examples of what?
a. Legal defenses used to negate the required proof of mens rea
b. Legal defenses that negate the required proof of actus reus
c. Defenses based on double jeopardy
d. Legal defenses based on a presumption of conclusive incapacitation
35. Which standard of the insanity defense excuses a person whose mental disease makes it impossible to control
their conduct?
a. Durham Rule b. Products Test
c. M’Naghten Rule d. Irresistible Impulse Test
36. Which standard solely considers whether the accused is able to distinguish right from wrong?
a. The Durham rule b. The substantial capacity test
c. The M’Naghten rule d. The irresistible impulse test
37. Under common law, there was a conclusive presumption of incapacity for a child under ____ years of age.
a. 7b. 10
c. 14 d. 18
Chapter 03 : Criminal Law
38. Crime is generally grouped into three basic categories, they are;
a. Felonies, misdemeanors, and violations
b. Mala Prohibitum crimes, felonies, and violations
c. Violations, ordinances, and felonies
d. Misdemeanors, violations, and Ordinances
39. Which legal standard of mental illness is used by present federal law?
a. “Didn’t know what he was doing or didn’t know it was wrong.”
b. “Could not control his conduct.”
c. “Lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it.”
d. “Lacks capacity to appreciate the wrongfulness of his conduct.”
40. Which of the following is true regarding the “stand your ground” justification defense?
a. Most self-defense statutes require a duty to retreat before reacting to a threat with physical violence.
b. The “castle exception” does not require an obligation to retreat within an individual’s residence before
fighting back.
c. “Stand your ground” laws allow average citizens to use deadly force when they reasonably believe that their
homes or vehicles have been illegally invaded.
d. All of the above are true regarding the “stand your ground” justification defense.
41. The exclusionary rule is used as part of which protection afforded to the accused by the US Constitution?
a. 2nd Amendment b. 1st. Amendment
c. 4th Amendment d. 8th Amendment
Chapter 03 : Criminal Law
42. What element must be present in order for the excuse of necessity to be valid?
a. The victim consented.
b. No means of escape were available.
c. The harm to be avoided was greater than the offense charged.
d. The offense was based on a presumptive conclusion of mens rea.
43. A bank employee is forced to divert funds into a special account and failure to cooperate will result in the
execution of his family. Which defense would be most applicable to this situation?
a. Duress b. Entrapment
c. Necessity d. Consent
44. After formal legal codes were lost during the dark ages a legal system featuring monetary compensation called
____________ was developed for criminal violations.
a. Stare Decisis
b. Lex Talionis
c. Wergild
d. Friedengild
45. Which constitutional amendment outlaws illegal searches and seizures by police?
a. First b. Fourth
c. Fifth d. Eighth
Chapter 03 : Criminal Law
Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has thoughts of
killing a girl. Months later he does actually kill the girl that he spoke of during his sessions with the psychiatrist.
46. Inadditiontobeingtriedforthegirls’murder,theparentsofthedeceasedsuethepsychiatristfornotwarningthe
police of the potential threat. What categories of law is this case is found in?
a. substantive criminal law and Procedural law
b. procedural law and civil law
c. substantive criminal law and civil law
d. procedural law and public law
47. Thelawsuitfiledbythedeceasedgirl’sparentsiscalledwhat?
a. stare decisis
b. tort
c. lex talionis
d. mala prohibitum
48. If the case of the dead girl and the psychologist was tried during ancient times, the legal system that this would likely
to be a part of is what?
a. lex talionis
b. wergild
c. mala in se
d. mala prohibitum
Chapter 03 : Criminal Law
49. In applying the rule of Lex Talionis,howwouldtheparentsobtainclosurefortheirdaughter’smurder?
a. the parents would be paid for their loss
b. the parents would be able to take over the psychiatry business
c. theparentswouldbeabletokillStanleyfortakingtheirdaughter’slife
d. the parents would not be able to gain closure through this rule
Nineteen states and the District of Columbia have legalized medical marijuana and Colorado and Washington have
legalized its recreational use. In some state police are directed to patrol the areas near medical marijuana
dispensaries more frequently because it is still illegal to use it recreationally and usually still illegal to sell. The new
governor of California is facing a budget crisis and must reduce spending in law enforcement.
50. The governor has targeted medical marijuana users because the police spend more time patrolling in areas where
dispensaries are located. In what way will he be most successful in his quest to reduce spending?
a. start to punish medical marijuana users
b. make violations of medical marijuana laws a felony offense
c. make other violations of law usually punishable by fine, now arrest able offenses
d. direct police to warn and release whenever possible
Chapter 03 : Criminal Law
51. Randi has been arrested for selling marijuana in Washington state. He was high on drugs at the time of arrest and
doesn’tquiteunderstandwhyheisintrouble.ThepolicearedemandingtoknowRandi’ssupplierandwon’tlet
Randi eat or drink until he confesses. What rights protect Randi from this interrogation?
a. 4th amendment
b. 5th amendment
c. 6th amendment
d. 8th amendment
Bob is leaving the medical marijuana dispensary with his 6 ounces that is legal under the law. He drops his purchase
and drives away not aware that he no longer has his marijuana. Sue is walking down the street when she becomes
the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on
the corner, he calls the police claiming Sue stole his marijuana.
52. Sue has been released without charges. What is the most likely reason for this?
a. Sue had a prescription and did not have mens rea
b. Sue had actus reus but did not have a prescription
c. Sue had a contractual relationship to the police
d. Sue had a medical marijuana prescription
Chapter 03 : Criminal Law
53. AfterSue’sreleasefromjail,Bobgetshighonthestreet,andfollowsherbacktoherhousewhereafightensues.
Sue dies from her injuries. Bob claims he had no intent is surprised and disgusted by his actions and believes the
marijuana he bought on the street was laced with PCP. What would be his best defense in court?
a. duress
b. intoxication
c. insanity
d. self defense
54. AtBob’strial,oneoftheladiesthatusedtodateBob’sroommateisonthejury.Truthbetold,shedidn’tlikeBob
verymuch,heusedtosearchthroughherpersonalbelongingwhenshewasn’taroundbutsheknewhewasdoingit.
WhichofBob’srightshavebeenviolated?
a. right against incrimination
b. right to an impartial jury
c. right to a speedy trial
d. right against unreasonable searches
55. While in prison, Bob became addicted to methamphetamine. One day Bob is visited by a police officer who is
warning the neighborhood of a spike in crime. When Bob opens the door the officer smells something strange and
pushesbyBobandintohishousewherehefindsBob’smethlab.
a. 4th amendment
b. 5th amendment
c. 6th amendment
d. 8th amendment
Chapter 03 : Criminal Law
Completion
56. The primary concern of ___________ is the control and regulation of human interaction.
57. After the Norman conquest of England in 1066, royal judges would decide what to do in each case using local
custom and rules of conduct as a guide in a system known as ____________________.
58. A law that inflicts a greater punishment than was available when the crime was committed is termed a(n)
____________________ law.
59. The Durham Rule is associated with the ____________________ defense.
60. In response to the concerns of environmentalists, the federal government has passed
_______________________actstoprotectthenation’swellbeing
61. The defense of ____________________ would be appropriate in a case where a person was rushing to the
hospital with an emergency and broke numerous traffic laws along the way.
Chapter 03 : Criminal Law
62. The ____________________ Amendment was the basis for the Miranda decision.
63. The ____________________ Amendment has been used in the past to argue that the death penalty is cruel and
unusual punishment.
64. The ____________________ Amendment outlaws excessive bail.
65. Under the _______________ evidence seized in violation of the 4th amendment cannot be used in a court of law.
66. The____________orthe“producttest”statesthatanaccusedisnotresponsibleifherunlawfulactwasaproduct
of mental disease or defect.
67. A child under the age of 7 who commits a crime will not be held criminally responsible for their crimes is an example
of __________________.
68. Using local rules of conduct and customs to decide a case is referred to as ________________.
69. ________________is used to resolve control and shape personal interactions such as wills trusts and property
ownership.
70. The branch of law that deals with the government and its relationships with individuals or other governments is called
_______________.
71. Differentiate between criminal law and civil law.
72. Define the concept of substantive criminal law and detail its history.
73. Delineate the legal elements required to constitute a crime. Describe and give an example of each of the
classifications of crime.
74. Explain three legal excuses and three justifications for crime and provide an example of each.
75. Describe three tests of the insanity defense and how each is applied.
76. Discuss the premise and outcome of the 2008 case of Baze and Bowling v.Rees
77. Discuss one of the Fourth, Fifth, Sixth, or Eighth Amendments and how it serves to limit and control the manner in
which the federal government operates the justice system.
78. Elaborate the meaning of due process through the use of an example.
79. Describe the importance of procedural due process. List the procedural due process rights that are guaranteed to
an individual.
80. Discuss the historical development of criminal law.