LEG 320 Week 2 Quiz – Strayer
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1. As compared to the power of the states to enact criminal laws,
a. the federal government has identical authority
b. the federal government has no authority
c. the federal government has more authority
d. the federal government has less authority
2. In U.S. v. Lopez, the U.S. Supreme Court held that the federal law controlling guns in public schools was
a. a valid exercise of Congressional power to regulate commerce
b. beyond the power of Congress
c. a violation of due process
d. a valid exercise of Congressional power to regulate public schools
3. Under what system do the states have the primary responsibility of maintaining public order and safety within each state?
a. the American system of federalism
b. the American system of dualism
c. the American system of constitutionalism
d. the American system of commercialism
4. What gives the federal government power to regulate actions by use of criminal laws only if the actions involve or affect interstate commerce?
a. The Commerce Clause
b. International conventions
c. The federal domain
d. United States Treaties
5. Which of the following is not part of the federal domain?
a. all of these are part of the federal domain
b. Puerto Rico
c. sea approaches to the United States
d. air approaches to the United States
6. What law permits federal agencies to assist in locating state fugitives who may have fled from one state to another?
a. Unlawful Flight Statute
b. Federal Kidnapping
c. Interstate Transportation of Stolen Motor Vehicles
d. Uttering of U.S. Treasury Checks
7. What term means to surrender an accused criminal under the provisions of a treaty or statute by one authority to another having jurisdiction?
c. posse comitatus
d. martial law
8. What is the name of an agreement between nations on a specific subject, such as piracy at sea?
a. United Nations Convention
b. United Nations Contract
c. United Nations Coercion
d. United Nations Comitatus
9. Where does the International Criminal Court sit?
a. The Hague
b. The United Nations
c. Washington DC
10. The process by which a person who has fled is forcibly brought back to the jurisdiction of the court is called
c. mandatory venue
d. compulsive jurisdiction
11. According to the Tokyo Convention Act of 1967, any nation may try persons for what crime even if no acts are committed within that country’s boundary or territorial waters?
12. In 1983, the United States claimed sovereignty over waters extending how many nautical miles from the United States and its possessions?
a. 50 nautical miles
b. 100 nautical miles
c. 200 nautical miles
d. 400 nautical miles
13. International criminal law is also known as offenses against the
c. law of nations
d. United Nations
14. The International Criminal Court at The Hague has the power to prosecute people accused of
b. all violent crimes
c. offenses which occur in international waters
d. war crimes
15. Which of the following is one of the crimes the federal Mann Act addresses?
b. interstate prostitution
d. possession of stolen property
16. What is the name of the federal act that incorporates the state criminal law of the state surrounding the federal enclave as the law of the enclave if there is no relevant federal statute?
a. Incorporated Crimes Act
b. Included Crimes Act
c. Assimilative Crimes Act
d. Autonomous Crimes Act
17. Military installations and other federally owned and controlled lands within the boundaries of a state are called federal
18. Final authority on the scope of Indian tribal jurisdiction is held by
a. each individual tribe
b. the American Congress of Indian Tribes
d. the President
19. How many Indian tribes does the U.S. currently recognize with some attributes of sovereignty?
20. What is the name of jurisdiction of the United States over actions within territorial waters of the U.S., on U.S. ships, or stateless vessels on the high seas?
a. Maritime jurisdiction
b. Vessel jurisdiction
c. High Seas jurisdiction
d. Oceanic jurisdiction
21. International conventions and treaties between nations can confer power to what entity to make criminal laws?
a. the Federal Government
b. Indian Tribal Courts
c. Military Courts
d. individual states within the United States
22. Because the states have the primary responsibility to maintain public order and security in their state, they have what kind of authority to create criminal law under the police power of each state?
23. Indian tribes are generally dependent upon the federal
a. Bureau of Indian Affairs
b. Indian Lands Commission
c. Native American Bureau
d. Sovereignty Commission
24. Persons in U.S. military service are subject to military jurisdiction and the Uniform
a. Military Criminal code
b. Penal Code
c. Code of Military Justice
d. Military Penal Law
25. Should a member of the U.S. military commit a crime off-base, jurisdiction will be with
a. the state
b. U.S. District Court
c. military court
d. United Nations
26. If a member of the U.S. military serving in another country commits an offense while off duty and off base, jurisdiction will be
a. only in that country
b. only in military court
c. only in the Supreme Court
d. with either the military or that country
27. What federal act forbids the use of federal military forces to enforce civilian laws unless there is other constitutional or congressional authorization?
a. Martial Law
b. Military Law
c. Posse Comitatus
d. Martial Jurisdiction
28. The U.S. Supreme Court stated that the term “martial law”
a. has no precise meaning
b. is clearly defined in common law
c. is clearly defined by the military
d. is clearly defined by the President
29. People who commit crimes on federal enclaves can be tried before
a. the state court
b. a federal court
c. tribal court
d. the Supreme Court
30. The federal government does not have inherent police power to create criminal law and is limited to the powers granted to the federal government in the
a. U.S. Constitution
b. Great Writ
c. Declaration of Independence
d. U.S. Supreme Court Guidelines
1. Under the American system of federalism, the congress has the primary responsibility of maintaining public order and safety within each state.
2. The Unlawful Flight Statute permits federal agencies to assist in locating state fugitives who may have fled from one state to another.
3. Federal enclaves are federally owned and controlled lands.
4. The Federal Government owns and controls up to 1/3 of all of the land in the United States in the form of territories and federal enclaves.
5. Under international law, more than one country could have jurisdiction over the same crime.
6. The International Criminal Court is the world’s first permanent war crimes court.
7. The federal government has no jurisdiction over offenses involving interstate commerce.
8. Tribal courts have no power to exercise criminal jurisdiction over Indians who are not members of that tribe.
9. Military courts have jurisdiction over members of the Armed Forces who commit crimes while off-base and off-duty.
10. Americans who commit crimes in foreign countries are subject to prosecution before U.S. or military courts, but not foreign courts.
1. The government may pass laws only in situations authorized by the Constitution.
2. Americans who commit crimes in countries are subject to prosecution before foreign courts, whether they are military personnel or tourists.
3. Federal enclaves are federally owned and controlled .
4. The procedure by which a person who has fled to avoid criminal prosecution is brought back to the jurisdiction is called ___________.
5. Because of the statutes giving many nations jurisdictions over crimes, situations could exist in which a number of nations have _________ jurisdiction.
6. The United States claims jurisdiction extending __________ nautical miles beyond its shores.
7. When the crew of a ship or aircraft seizes control against lawful authority, this is the offense of __________.
8. Crimes committed in places beyond the of any state may be prosecuted on the federal level.
9. Persons in U.S. military service become subject to the Uniform Code of Military ______________.
10. Indian courts have jurisdiction for crimes punished for not more than one-year imprisonment and/or a $5,000 fine (25 U.S.C. § 1302 (7)).
ESSENTIAL ELEMENTS OF A CRIME
1. The Latin term actus reus means
a. strict liability
b. guilty act
c. guilty mind
d. elements of a crime
2. The Latin term mens rea refers to
a. strict liability
b. guilty act
c. guilty mind
d. elements of a crime
3. According to the Model Penal Code, a person who consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct, acts
4. According to the Model Penal Code, how is a person acting, with respect to a material element of an offense, when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct?
5. Thinking of committing a crime without performing a criminal act is
a. never a crime
b. a crime in many states
c. a strict liability crime
d. difficult to prove beyond a reasonable doubt
6. Most crimes require the concurrence of which of the following?
a. act and proximate cause
b. guilty act and guilty mind
c. guilty mind and causation
d. act and omission
7. To obtain a conviction, the prosecution has the burden of proving every element of the crime
a. by a preponderance of the evidence
b. by clear and convincing evidence
c. beyond a reasonable doubt
d. beyond a shadow of a doubt
8. Which of the following terms refers to an individual’s mental state?
a. mens rea
b. actus reus
d. proximate cause
9. To find a defendant guilty of the crime of receiving stolen property, most states
a. do not require scienter
b. require proof the defendant knew the property was stolen
c. require proof the defendant committed the theft
d. require proof the defendant had a motive
10. In criminal law, motive refers to
a. criminal intent
b. the defendant’s mental state while committing the crime
c. the reason the defendant committed the crime
d. a necessary element of every crime
11. In a criminal trial, motive
a. is always relevant evidence
b. alone, is sufficient evidence for a conviction
c. is required for conviction
d. is the same as criminal intent
12. A strict liability offense is one without
b. proximate cause
c. criminal intent
d. a guilty act
13. Strict liability statutes
a. generally provide for harsh penalties
b. do not require the prosecutor to prove criminal intent
c. require a particular state of mind at the time of the act
d. are considered true crimes
14. Which of the following areas include strict liability crimes?
a. traffic violations
b. narcotics laws
c. public health laws
d. all of these include strict liability crimes
15. In many states, when the age of a minor is an essential element of a crime, as in contributing to the delinquency of a child, the law
a. requires the defendant to testify
b. allows defendants to use the victim’s consent as a defense
c. contains a scienter element
d. does not allow mistake as to the age of the minor to be used as a
16. For crimes in which a harm has occurred, the state must prove
a. the harm to the victim occurred immediately
b. the defendant’s act was the ordinary and proximate cause of the harm
c. both that harm to the victim occurred immediately, and that the defendant’s act was the ordinary and proximate cause of the harm
d. neither that harm to the victim occurred immediately, nor that the defendant’s act was the ordinary and proximate cause of the harm
17. While the classification system suggested by the Model Penal Code distinguishes between each level of mental state, the distinction
a. always makes a difference
b. does not always make a difference
c. is never important
d. is always important
18. The year-and-a-day murder rule
a. requires the victim die within a year and a day
b. has been abolished or amended in many states
c. requires the victim die within a year and a day, and has been abolished or amended in many states
d. does not require the victim die within a year and a day, and has not been abolished or amended in many states
19. The offense of carrying an unauthorized concealed weapon requires a showing of
a. actual possession
b. constructive possession
c. either actual or constructive possession
d. ownership of the weapon by the defendant
20. The mental element required in possession offenses is generally that of
a. intent or knowledge
d. no mental element is required
21. The intent necessary for one or more elements of an offense is:
a. specific intent
b. global intent
c. mental intent
d. knowledgeable intent
22. The mental purpose or design to commit a specific act is called:
23. The cause, inducement, or reason why an act is committed is called:
24. Conclusive presumptions can be unconstitutional under the Due Process Clause because the presumption allows the prosecution to avoid proving:
a. an element of the crime charged
b. guilt beyond a reasonable doubt
25. Which of the following is a name given to crimes which require no specific intent?
a. general intent crimes
b. conclusive intent crimes
c. substantive intent crimes
d. reasonable intent crimes
26. What is the highest degree of culpability according to the Model Penal Code?
27. Which of the following crimes includes the essential element of knowledge beyond a reasonable doubt that defendant knew the property was stolen?
a. receiving stolen property
c. possession of illegal substances
28. Which of the following is seldom made an essential element that must be proved beyond a reasonable doubt in many crimes?
d. all of these answers are essential elements
29. Motive can be important evidence in determining:
30. Which of the following crimes require specific intent?
a. first-degree murder
b. selling alcohol to an underage person
c. distribution of illegal drugs
d. unregistered hand grenades
1. A party to a crime could be a person who aids and assists in the commission of the crime.
2. The term mens rea refers to the harm caused by the defendant’s forbidden act.
3. Not all crimes require proof that a defendant had a specific intent to achieve a specific end.
4. Motive is an essential element of most criminal offenses.
5. The motor vehicle codes of most states contain strict liability statutes.
6. According to the Model Penal Code, purposeful is a higher degree of culpability than negligent.
7. In the past, the year-and-a-day rule requires that criminal defendants be charged within that time frame following the unlawful act.
8. The use of presumptions in the prosecution’s case never present due process problems.
9. One cannot be guilty of possession of stolen property if one does not know property is stolen.
10. Presumptions and inferences enable a fact finder to conclude that because some facts have been proved, other facts may be presumed to be true.
1. Mens rea is the criminal or state of mind.
2. The reason a person commits a crime is called _________.
3. An offense which requires no mens rea, such as speeding, is a strict __________ offense.
4. According to the Model Penal Code, a person acts __________ when she consciously disregards a substantial and unjustifiable risk.
5. The categories of culpability from the Model Penal Code include purpose, knowledge, recklessness, and .
6. Heroin found in an apartment will most likely be deemed to be in the __________ possession of the person controlling and occupying the apartment.
7. Only rarely is written evidence of the of a defendant available to the state.
8. A statement of substantive law that cannot be overcome with evidence showing otherwise is known as a ______________ presumption.
9. The penalties for liability offenses are usually lighter than “true” crimes.
10. Proximate cause is the ordinary and cause of a result.