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Criminal Law 2Nd Russell Brown Test Bank

Page 1


Test Bank for Criminal Law 2nd Edition

ISBN: 9781544375663

Criminal Law (2nd)

ISBN 9781544375663 | Chapter 1

Total Questions: 58

Multiple Choice (33)

Q1. [Multiple Choice] · Cognitive Domain: Knowledge

According to the Bureau of Justice Statistics, less than________ of all violent crime is not reported to the police.

a) 15%

b) 25%

c) 50% ✓ correct

d) 75%

Q2. [Multiple Choice] · Cognitive Domain: Application

Which scenario is not an example of an affirmative act?

a) punching someone in the nose

b) hacking into someone’s computer

c) failing to call the police after causing injury to a passenger ✓ correct

d) purchasing a knife to puncture someone’s tires

Q3. [Multiple Choice] · Cognitive Domain: Application

Which scenario is an example of a crime that is both wrong and punishable?

a) a teacher who does not grade fairly

b) a girlfriend who is unfaithful

c) neighbors who do not mow their law

d) failure to stop and seek assistance after hitting someone with a car ✓ correct

Q4. [Multiple Choice] · Cognitive Domain: Application

Which scenario is an example of why victims and witnesses of a crime refuse to report the crime?

a) fear of retaliation by the offender

b) victim might be unaware that she/he was a victim of a crime

c) embarrassment

d) all of the above ✓ correct

Q5. [Multiple Choice] · Cognitive Domain: Knowledge

How many possible relationships are there between moral wrongs and criminal wrongs?

a) 1

b) 2

c) 3 ✓ correct

d) 4

Q6. [Multiple Choice] · Cognitive Domain: Application

What is not an example of a mala in se offense?

a) theft

b) draft evasion ✓ correct

c) rape

d) arson

Q7. [Multiple Choice] · Cognitive Domain: Knowledge

In the past, adultery was considered a felony and could result in ______.

a) a lifetime of community shame

b) jail

c) exile

d) all of the above ✓ correct

Q8. [Multiple Choice] · Cognitive Domain: Analysis

Which situation is the most common outcome of a criminal case?

a) a conviction in criminal court

b) a not guilty verdict

c) a guilty plea ✓ correct

d) a no contest plea

Q9. [Multiple Choice] · Cognitive Domain: Application What is an example of a source of criminal law?

a) English common law

b) administrative regulations

c) executive orders

d) all of the above ✓ correct

Q10. [Multiple Choice] · Cognitive Domain: Application

Which case offers an example of a recent judge made law?

a) Commonwealth v. Mochan(1955) ✓ correct

b) Korematsu v. United States(1944)

c) Bond v. United States(2014)

d) Lynce v. Mathis(1977)

Q11. [Multiple Choice] · Cognitive Domain: Comprehension

In theCommonwealth v. Mochan(1955) case, the court ruled that ______.

a) Mochan’s actions could be punished as a misdemeanors offense ✓ correct

b) Mochan’s actions could be punished as a felony offense

c) Mochan’s actions could be punished as an infraction

d) Mochan’s actions did not constitute a crime

Q12. [Multiple Choice] · Cognitive Domain: Comprehension Federal legislation applies to which entity?

a) federal employees

b) federal property

c) federal lands

d) all of the above ✓ correct

Q13. [Multiple Choice] · Cognitive Domain: Comprehension What is a component of state legislation?

a) it identifies various crimes

b) it identifies various punishments

c) it identifies procedures for handling unlawful actions

d) all of the above ✓ correct

Q14. [Multiple Choice] · Cognitive Domain: Comprehension

Most criminal cases are prosecuted under ______.

a) municipal laws

b) state laws ✓ correct

c) federal laws

d) common laws

Q15. [Multiple Choice] · Cognitive Domain: Application What is an example of a municipal ordinance?

a) leash laws

b) parking regulation

c) zoning and building regulations

d) all of the above ✓ correct

Q16. [Multiple Choice] · Cognitive Domain: Knowledge Executive orders can only be enacted by a sitting ______.

a) president ✓ correct

b) judge

c) governor

d) district attorney

Q17. [Multiple Choice] · Cognitive Domain: Comprehension Which president issues the first executive order?

a) Abraham Lincoln

b) George Washington ✓ correct

c) John Adams

d) Thomas Jefferson

Q18. [Multiple Choice] · Cognitive Domain: Comprehension What federal holiday was created by an executive order signed by President Joe Biden in 2022?

a) Indigenous Persons Day

b) Juneteenth ✓ correct

c) Holocaust Remembrance Day

d) Earth Day

Q19. [Multiple Choice] · Cognitive Domain: Application

What is an example of crimes that are identified and punished by the International Criminal Court (ICC)?

a) war crimes

b) genocide

c) crimes against humanity

d) all of the above ✓ correct

Q20. [Multiple Choice] · Cognitive Domain: Application Gibson is arrested for possession of cocaine. He has a job and family in the area, so the court says that he can be released from jail until his trial if he promises to come back for his next court hearing. Gibson was released on ______.

a) cash bail

b) arraignment

c) his own recognizance ✓ correct

d) pre trial detention

Q21. [Multiple Choice] · Cognitive Domain: Application

Which agency can impose criminal sanctions for regulatory violations?

a) Environmental Protection Agency (EPA)

b) Equal Employment Opportunity Commission (EEOC)

c) Food and Drug Administration (FDA)

d) all of the above ✓ correct

Q22. [Multiple Choice] · Cognitive Domain: Application

Which state had a penal code in 1961 that was inconsistent and provided for disproportionate sanctions?

a) California

b) Illinois ✓ correct

c) New York

d) Oregon

Q23. [Multiple Choice] · Cognitive Domain: Knowledge

The criminal law in the U.S. consists of ______.

a) a federal criminal code

b) state codes

c) a criminal code for the District of Columbia

d) all of the above ✓ correct

Q24. [Multiple Choice] · Cognitive Domain: Application

What is not a component of a felony offense?

a) Offenders will spend more than a year behind bars.

b) Offenders can be charged with a fine.

c) Offenders can become disenfranchised.

d) Offenders can serve no more than one year in jail. ✓ correct

Q25. [Multiple Choice] · Cognitive Domain: Application

In which case would a defendant be entailed to have their case decided by a jury of their peers?

a) a person is facing a fine for littering

b) a person is contesting a $300 speeding ticket

c) a person could be facing a fine for protesting without a permit

d) a person could be serving 9 months in jail for DUI ✓ correct

Q26. [Multiple Choice] · Cognitive Domain: Knowledge

A capital offense is a type of ______.

a) arson

b) aggravated murder ✓ correct

c) sexual assault

d) grand theft

Q27. [Multiple Choice] · Cognitive Domain: Application

Which crime is an example of a crime that can trigger a death sentence?

a) killing an on duty law enforcement officer

b) killing two or more people

c) killing someone during a burglary

d) all of the above ✓ correct

Q28. [Multiple Choice] · Cognitive Domain: Comprehension

What is the burden of proof that the plaintiff must meet in a civil case?

a) preponderance of the evidence ✓ correct

b) proof beyond a reasonable doubt

c) probable cause

d) reasonable suspicion

Q29. [Multiple Choice] · Cognitive Domain: Application

Which scenario is an example of a civil action?

a) a person sues their former employer for wrongful termination ✓ correct

b) a person appeals their conviction because they were not read their rights

c) a person petitions to be released from prison because of poor health

d) a person invokes their right to remain silent when questioned by police

Q30. [Multiple Choice] · Cognitive Domain: Knowledge In 2019, ______ percent of arrests were for violent crimes.

a) less than 5% ✓ correct

b) 10%

c) 15%

d) more than 15%

Q31. [Multiple Choice] · Cognitive Domain: Comprehension

What does correction supervision include?

a) prison

b) jail

c) probation

d) all of the above ✓ correct

Q32. [Multiple Choice] · Cognitive Domain: Knowledge

The ______ is the starting point of the criminal justice system.

a) formal charging process

b) arraignment

c) arrest ✓ correct

d) guilty plea

Q33. [Multiple Choice] · Cognitive Domain: Analysis

Which of the following are components of a case brief?

a) facts

b) holding

c) rationale

d) all of the above ✓ correct

True/False (20)

Q34. [True/False] · Cognitive Domain: Comprehension

American criminal law comes from a wide range of sources.

a) True ✓ correct

b) False

Correct answer: True

Q35. [True/False] · Cognitive Domain: Comprehension

Hacking into someone’s computer does not constitute an affirmative act.

a) True

b) False ✓ correct

Correct answer: False

Q36. [True/False] · Cognitive Domain: Knowledge

A negative act refers to inaction.

a) True ✓ correct

b) False

Correct answer: True

Q37. [True/False] · Cognitive Domain: Comprehension

When a defendant files an appeal, they are asking the higher court to review the facts of the case and see if the jury came to the correct verdict.

a) True

b) False ✓ correct

Correct answer: False

Q38. [True/False] · Cognitive Domain: Knowledge Crime refers to actions and inactions that society deems both wrong and punishable.

a) True ✓ correct

b) False

Correct answer: True

Q39. [True/False] · Cognitive Domain: Comprehension

An act is only a crime if the law says it is.

a) True ✓ correct

b) False

Correct answer: True

Q40. [True/False] · Cognitive Domain: Comprehension

Unreported incidents are referred to as the “dark figure” of crime.

a) True ✓ correct

b) False

Correct answer: True

Q41. [True/False] · Cognitive Domain: Comprehension

Legally, offenses that are not reported do not exist.

a) True ✓ correct

b) False

Correct answer: True

Q42. [True/False] · Cognitive Domain: Comprehension

Acts that exert rudeness or greed are considered both wrong and against the law.

a) True

b) False ✓ correct

Correct answer: False

Q43. [True/False] · Cognitive Domain: Comprehension

Prohibited alcohol purchases are considered a male in se crime.

a) True

b) False ✓ correct

Correct answer: False

Q44. [True/False] · Cognitive Domain: Comprehension

Harsh punishments for nonviolent crimes have detrimental social costs.

a) True ✓ correct

b) False

Correct answer: True

Q45. [True/False] · Cognitive Domain: Knowledge Common law is often referred to as “judge made” law.

a) True ✓ correct

b) False

Correct answer: True

Q46. [True/False] · Cognitive Domain: Knowledge

There is no statute of limitations in serious misdemeanor cases.

a) True

b) False ✓ correct

Correct answer: False

Q47. [True/False] · Cognitive Domain: Knowledge In 2022, the majority of crime were violent crimes.

a) True

b) False ✓ correct

Correct answer: False

Q48. [True/False] · Cognitive Domain: Comprehension City ordinances may regulate the actions of residents.

a) True ✓ correct

b) False

Correct answer: True

Q49. [True/False] · Cognitive Domain: Knowledge Infractions are petty offenses.

a) True ✓ correct

b) False

Correct answer: True

Q50. [True/False] · Cognitive Domain: Comprehension

A tort is a civil action.

a) True ✓ correct

b) False

Correct answer: True

Q51. [True/False] · Cognitive Domain: Comprehension

The American corrections system is made up of the police, courts, and corrections.

a) True ✓ correct

b) False

Correct answer: True

Q52. [True/False] · Cognitive Domain: Comprehension

In the U.S. there is only one court system.

a) True

b) False ✓ correct

Correct answer: False

Q53. [True/False] · Cognitive Domain: Comprehension

A dissenting opinion is the opinion of a judge who agrees with the decision of the judges are in the majority.

a) True

b) False ✓ correct

Correct answer: False

Essay (5)

Q54. [Essay] · Cognitive Domain: Comprehension

What are some reasons that a judge might write a concurring opinion or a dissenting opinion?

Suggested answer: Sample response: A judge writes a concurring opinion when they agree the with the decision made by the majority but have different reasons for supporting the decision than the majority. A judge writes a dissenting opinion when they disagree with the legal decision and findings of the majority.

Q55. [Essay] · Cognitive Domain: Comprehension

Describe a negative act and provide an example.

Suggested answer: Sample response: A negative act is when someone failed to act, and thus that why that action was considered criminal. For example, a driver who hits and injures a pedestrian had a legal duty to stop and seek assistance for the injured person. If they do not then their failure to act is a violation of law.

Q56. [Essay] · Cognitive Domain: Knowledge

What is the working definition of crime?

Suggested answer: Sample response: According to the authors, the working definition of crime is as follows: an act or omission punishable by the state or federal government through the enforcement of its criminal law.

Q57. [Essay] · Cognitive Domain: Analysis

Comparemale in seand mala prohibita offenses.

Suggested answer: Sample response: Male in se crimes are offenses that society considered to be wrong and morally unacceptable. Mala prohibita offenses, on the other hand, are actions that are considered wrong because they violate the law, not because they are morally wrong.

Q58. [Essay] · Cognitive Domain: Comprehension

Explain English common law.

Suggested answer: Sample response: English common law refers to the legal rules that are applied by English judges in the absence of written laws.

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