A person can justify the use of force in the defense of others.
A victim’s consent to engage in oral sex is sufficient for a defendant to assume vaginal
sex is consensual as well.
The Patriot Act was passed during George Washington’s tenure as President, and
honored all those colonists who died in the War for Independence.
The Supreme Court decision in District of Columbia v. Heller allows governments to
continued to bar convicted felons and the mentally ill from possessing firearms.
Rape is not a capital offense.
U.S. residents are assumed to owe allegiance to the U.S. government.
In most states currently, burning down your own property with the intent to collect the
insurance is fraud, but not arson.
Rape shield laws prohibit chastity belts.
The two-pronged test for entrapment defenses provides that the criminal design must
have originated with law enforcement and the defendant must not be predisposed to
commit the crime.
A renter has a fee simple ownership interest in the property being rented.
Material witnesses can be subpoenaed, but not detained.
The Department of Justice’s Petite Policy prohibits state prosecutors from prosecuting a
defendant on state charges if the federal law violated in substantially similar to a state
one, and the federal government has prosecuted the defendant on the same charges.
It is possible for an act to have violated both federal and state laws at the same time.
Malicious mischief involves a threat to property only.
Most states require defendants to be tried within a year of being arrested.
When people over the age of 65 abuse children, it is called elder abuse.
Forcible Sodomy is a strict liability crime.
Courts always accept dying declarations as true.
Graffiti can never be a hate crime.
The fact that a person was wrongfully threatened by another person to perform an act
she otherwise would not have performed is one condition of the duress defense.
Check kiting occurs when a person writes a bad check on one account and deposits it in
another account of his.
Voluntary manslaughter is a term describing a homicide committed with the intent to
kill, but without deliberation, premeditation, or malice.
“Stop and frisk” searches are unconstitutional because officers lack probable cause.
Law enforcement officers catch most auto thieves.
Espionage can be a capital offense.
Protection from abuse orders allow a woman to still live with the abuser, but guarantees
jail time should he abuse her again.
Hate crimes are a new category of crimes which usually punish an act motivated by
hatred or bigotry against a group, by making the sentence longer than if the motivation
for the crime was something other than hate or bigotry.
“Use Immunity” is a broad form of immunity in which the person cannot be prosecuted
for any action related to the testimony, as long as the person testifies truthfully.
Recantation is a defense to obstruction of justice
The two major types of trafficking in persons are sex trafficking and drug trafficking.
The necessity defense can never be used to justify a death to protect property.
There is no statute of limitations on terrorist offenses.
A punishment meets the definition for “cruel and unusual” if it involves unnecessary
infliction of pain.
Under RICO, a sole proprietorship cannot be a corrupt organization
Perjury is generally defined as giving false testimony in a judicial proceeding or an
administrative proceeding, lying under oath as to a material fact, or swearing to the
truth of anything one knows or believes to be false.
From a prosecutor’s point of view, circumstantial evidence is always better than direct
evidences.
Child abuse and child molestation are the same thing.
Teenagers who are the same age and over the age of consent cannot be convicted of
forcible sodomy for their joint consensual sexual acts.
Any error brought to light in an appeal will lead to a new trial or overturning of the
underlying conviction.
Which of the following occur at an arraignment?
A) The charges against the defendant are read.
B) The defendant enters a plea.
C) If the defendant does not have representation, he/she can ask for a court-appointed
attorney
D) The prosecutor provides the list of state witnesses who will testify at trial.
E) all of the above
Which of the following pieces of evidence would be admitted under rape shield laws?
A) Evidence that the victim had previously had consensual sex with the defendant
B) Evidence that the victim engaged in sex with someone else shortly before the alleged
attack as an explanation for vaginal injuries
C) Evidence the victim had sex with multiple partners within the last year
D) A and B only.
E) none of the above
Which theory of jurisprudence fits the American System?
A) The Historical School
B) The Sociological School
C) The Natural Law School
D) The Analytical School
E) Elements of each school of jurisprudence exist in the American System.
Sources of defenses in criminal law include all except:
A) the Common Law.
B) statutory law.
C) the United States Constitution.
D) religious treatises on right and wrong.
E) All of the above are sources.
Chemical castration is:
A) an attempt to prevent sex offenders from reoffending.
B) an approach used to limit the spread of AIDS in prison.
C) a condition of parole in some states for sex offenders.
D) a form of sterilization.
E) A and C
A person is charged with murder. The jury in the case is unable to decide on a verdict.
The judge declares a mistrial. Can the prosecution refile the murder charges?
A) No. Doing so would violate the Constitution’s ban on double jeopardy.
B) No. Doing so would constitute a Bill of Attainder.
C) Yes. Jeopardy does not attach until a jury or judge acquits the defendant.
D) No. The evidence from the trial would now be excluded under the exclusionary rule.
E) Yes, but the charges must be filed at the federal level.
Under President Bush’s post 9/11 executive order, military tribunals operate under
which of the following rules?
A) The military commission sits as trier of fact ad law.
B) The presiding officer can admit any evidence that has “probative value to a
reasonable person.”
C) The Secretary of Defense designates the prosecutor and the defendant is entitled to
an attorney.
D) The decisions for conviction and sentencing require a two-thirds majority vote of the
tribunal.
E) all of the above
What is the murder of a newborn or very young child?
A) infanticide
B) euthanasia
C) homicide
D) abortion
E) murder
Which of the following is NOT an example of a cyber crime?
a. Sending an e-mail offering to sell male enhancement drugs with the sole purpose of
obtaining credit card numbers.
b. Sending an e-mail advocating killing members of a certain race.
c. Sending an e-mail advocating worldwide jihad.
d. Sending an e-mail containing a picture of the president with a “Hitler-style” mustache
exhorting voters to vote against him in the next election.
e. Sending an e-mail offering quick money for people willing to kill to earn it.
Which of the following statements is NOT true of corpus delicti?
A) Circumstantial evidence alone can never be sufficient to show that a crime has been
committed.
B) The requirement for corpus delicti can be satisfied even if a body is not found.
C) There is a requirement that the state must prove beyond a reasonable doubt that a
crime has indeed been committed.
D) Signs of struggle and/or a witness of an argument or violent struggle between the
accused and the victim are sufficient evidence that a crime has been committed.
E) Literally, corpus deliciti means “body of the crime.”
Which of the following is/are elements of obstruction of justice?
A) There is a pending legal proceeding.
B) The defendant knew of the pending legal proceeding.
C) The defendant acted corruptly with the specific intent to obstruct or interfere with
the proceeding or due administration of justice.
D) A, B, and C.
E) None of the above
What is the name of the rule stating that use of a deadly weapon is proof of intent to
kill?
A) In Res Gestae
B) Requirement of Intent to Kill
C) Malice Aforethought
D) Deadly Weapon Doctrine
E) Professor Plum in the Laboratory
Which is most likely an example of an illegal gambling operation?
A) a bingo night operated by a small church
B) a pit bull dog fight with chances being sold on the winner of the match
C) a state run lottery
D) a casino operated on a Native American reservation
E) None of the above is illegal.
The consent defense may be used for the following crimes:
A) murder.
B) voluntary manslaughter
C) involuntary manslaughter
D) assault
E) rape
You represent a man accused of rape. He claims the victim agreed to have sex with him,
but then accused him of rape afterwards. What evidence could you introduce to support
his claim?
A) Evidence that the woman entered his bedroom voluntarily
B) Evidence that the woman disrobed voluntarily
C) Nude texts she had sent him prior to their meeting
D) all of the above
E) none of the above
Probable cause is;
A) sufficient evidence that it is more likely than not that the allegations are true, and the
standard of proof for conviction in a criminal case.
B) sufficient evidence that it is very likely that the allegations are true and the standard
required for the issuance of a search warrant.
C) sufficient evidence from which a reasonable person could conclude that the
allegations are true and the standard of proof for conviction in a civil case.
D) sufficient evidence from which a reasonable person could conclude that the
allegations are true and the standard required for the issuance of a search warrant.
E) the general suspicion that we all have about our neighbors.
Punishments under the Bloody Code in 18th Century England included:
A) bloody public executions.
B) prison.
C) transportation.
D) extended torture.
E) A, B, and C
Which of the following is NOT a school of jurisprudence?
A) The Historical School
B) The Sociological School
C) The Natural Law School
D) The Statistical Analysis School
E) The Analytical School
Which of the following are true about the Common Law concepts of assault and
battery?
a. The assailant must touch the victim for assault to occur.
b. The attacker must harm the victim for assault to occur.
c. The attacker must take an action that threatens to harm the victim for assault to occur.
d. Battery only occurs if the victim is physically harmed.
e. C and D only.
The Mann Act:
A) outlaws the transportation of a person across state lines for “immoral purposes.”
B) defines prostitution as the involuntary sale of sex.
C) outlaws the transportation of a person across state lines with the intent to procure an
abortion, when that procedure would be regulated in the home state.
D) outlaws the transportation of a child across state lines for “immoral acts” but allows
the same for consenting adults.
E) none of the above
Which is true?
A) The Department of Justice has never issued a subpoena for a reporter’s testimony.
B) The Department of Justice does not routinely issue subpoenas for reporters’
testimony.
C) The reporter’s privilege to protect sources is absolute.
D) The reporter’s privilege to protect sources does not exist.
E) None of the above is true.
Which is (are) elements of a crime?
A) Causation
B) Actus reus
C) Mens rea
D) all of the above
Police officers sometimes encounter a psychological phenomenon individuals who
confess to crimes they did not commit. To weed out these criminal imposters, police
will:
A) withhold a piece of evidence and wait for the individual to reveal what that piece of
evidence is.
B) subject the individual to a brain scan.
C) run a simple lie detector test on the individual.
D) none of the above
E) all of the above
The doctrine that states that federal law takes precedence over state and local law is
called:
A) the Monroe Doctrine
B) the Supremacy Doctrine
C) the preemption Doctrine
D) the Federal Doctrine
E) the Obama Doctrine
A jail sentence that is lengthened after the judge or jury considers aggravating and
mitigating factors is called:
A) consecutive sentences.
B) concurrent sentences.
C) an enhanced sentence.
D) a mandatory minimum sentence.
E) a sentence fragment.
How many witnesses does the law require to testify to a person’s perjury to obtain a
conviction?
A) No specific number. The law allows proof of perjury through circumstantial
evidence.
B) One.
C) Two.
D) Three.
E) none of the above
Which of the following is/are elements of perjury?
A) An oath
B) Intent
C) Falsity
D) Materiality
E) all of the above
Federal courts have exclusive jurisdiction over:
A) patent cases.
B) federal crimes.
C) state crimes.
D) disputes between the states.
E) A, B, and D.
The federal government’s collection of intelligence from foreign governments and their
agents is governed by the:
A) McCarran-Walter Act of 1952.
B) Foreign Intelligence Surveillance Act
C) PATRIOT Act of 2001.
D) Military Commissions Act of 2009.
E) Military Commissions Act of 2006.
The Supreme Court has ruled which of the following types of executions to be “cruel
and unusual”?
A) executing those who are not competent at the time of the execution
B) executing those who are mentally retarded
C) executing those who were minors when they committed the crime
D) executions by lethal injection
E) A, B, and C
Which rule would apply in the following situation?
A man had decided to kill his wife for the insurance money. The couple went to an
extremely crowded festival, where he cunningly pulled a small gun from his pocket and
shot at his wife. He was certain that no one would see him do this among such a crowd.
But his plan went wrong when his wife moved to the left and the bullet struck (and
caused the death of) another person.
A) Res Gestae Theory
B) Felony Murder Rule
C) Exclusionary Rule
D) Negligent Homicide
E) Doctrine of Transferred Intent
Which is not true of impeachment?
A) Impeachment is a rare event.
B) Impeachment trials take place in the Senate.
C) A president who is impeached is immune from criminal charges arising out of the
same incident for which he or she was impeached.
D) Two-thirds of the Senate must affirm the charges in the articles of impeachment in
order for a conviction.
E) None of the above are false; they are all true.
Which of the following can be evidence of “malice aforethought”?
A) proof the defendant planned the murder over time
B) proof the defendant became enraged at the victim (or intended victim) just before the
murder
C) the defendant’s use of a deadly weapon
D) the defendant’s lying in wait for the victim
E) all of the above
A man and a woman are joking around near a swift moving creek while on a date. The
man, thinking the woman could swim, pushes her into the water. She starts flailing and
yelling, “I can”t swim.” Why does the law require him to try to save her?
A) If he ever wants to take her out again, he better rescue her.
B) He owes a duty to attempt to save her because he placed her in peril.
C) He owes a duty by volunteering because he voluntarily pushed her in the water.
D) He owes a duty by relationship because they are dating.
E) All of the above.
Which of the following are examples of retail theft?
A) A person hiding an item under his coat and walking out of the store without paying
for it.
B) A person altering the price on an item in an attempt to fool the cashier.
C) A retail employee taking an item out of the store in her Mickey Mouse lunchbox.
D) A, B and C
E) none of the above
______________ is the act of engaging in sexual intercourse or other sexual activity for
pay.
Stare decisis is not a part of the common law system.
A hearing preparatory to admitting a confession into evidence where the prosecutor
must prove that the confession was voluntary is a ________________ hearing.
Should civil liberties be restricted in times of war?
The right embodied in the Fifth Amendment that allows an accused person to remain
silent is the right _______________.
Homicide is the killing of a _________.
List and explain the two requirements that must be satisfied before a punishment is
“cruel and unusual.”
You live in a city ravaged by a category 5 hurricane. You have no electricity or running
water. Emergency workers are slow to respond. You and some friends decide to go to
the local store to get bottled water. The store has been abandoned. You break the
windows, enter the store and take only the water and non-perishable food you think you
will need. Seeing no way to pay for the goods, you leave. The police arrive at this point
and arrest you. What law, if any, have you broken? What is your defense?
Discuss whether there are circumstances in which the killing of a human being may be
justified?
A motion for judgment notwithstanding the verdict asks the judge to
____________________.
A theft made by force or threat of force is a ______________.
______________ give residents the right to defend their property and persons within
that property from intruders including through the use of deadly force.
___________ are the most serious crimes.
A theft made by force or threat of force by a person carrying a weapon is an
______________ robbery.
Planning a crime in one’s head can be a crime in and of itself because it establishes
mens rea.
The __________ determines whether a work is pornographic or not.
Define criminal punishment.
What is a crime?