Fundamentals of Criminal Law Practice Exam
Course Introduction
Fundamentals of Criminal Law introduces students to the basic principles, concepts, and structures of criminal law within the context of the broader legal system. The course covers essential topics such as the elements of criminal liability, classification of offenses, the distinction between felonies and misdemeanors, defenses to criminal charges, and the roles of parties involved in criminal proceedings. Students will examine landmark cases, statutory laws, and the philosophical foundations underpinning criminal justice, while also exploring issues of punishment, responsibility, and procedural safeguards. This foundational study provides critical insights for anyone interested in the criminal justice system or pursuing further legal studies.
Recommended Textbook
Criminal Law 1st Edition by John L. Worrall
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13 Chapters
807 Verified Questions
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Chapter 1: The Basics of Criminal Law
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Q1) An ________________ is the rationale for an appellate court's decision subscribed to by the majority of judges or justices, usually authored by one judge or justice.
Answer: opinion
Q2) A dual system of state and federal court systems exists today.
A)True
B)False
Answer: True
Q3) When an appellate court finds that the decision of a lower court is incorrect, the appellate court overrules the lower court's decision.
A)True
B)False
Answer: False
Q4) Stare decisis is synonymous with distinguishing cases.
A)True
B)False
Answer: False
Q5) __________________ is a planned intervention that is intended to change offenders for the better.
Answer: Rehabilitation
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Chapter 2: Limitations on the Criminal Law
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Q1) The system of government in the United States is a system of dual federalism. Discuss how this system realistically applies to the U.S. court system. Additionally, compare dual federalism with confederation.
Answer: Should include definition of dual federalism and confederation, a discussion of the dual court system in the United States, and a comparison of the existing system with confederation.
Q2) All of the following are exceptions in which re-prosecution for the same offense is permissible <b>except</b> for which of the following?
A)If a defendant successfully appeals a criminal conviction or otherwise succeeds in overturning a conviction.
B)If a case is dismissed by the judge but the defendant is not acquitted.
C)If a mistrial occurs over the defendant's objections and is a "manifest necessity."
D)The defense attorney fails to successfully appeal a criminal conviction.
Answer: D
Q3) The drug trade from Central and South America is causing a _________ in criminal activity in New Mexico.
Answer: Dramatic increase
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Page 4
Chapter 3: The Elements of Criminal Liability
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Sample Questions
Q1) In a conduct crime, there is no requirement that any resulting harm occur, only that someone engaged in an action that was prohibited by law.
A)True
B)False
Answer: True
Q2) Requiring a causation element in certain crimes serves what type of function?
A) Protective
B) Controlling
C) Orderly
D) Adaptive
Answer: A
Q3) What mental state is a person revealing when he or she should be aware of a substantial and unjustifiable risk exists, and he or she does not take the action that a normal prudent person would take to alleviate the result that creates the risk?
A)Negligence
B)Knowingly
C)Willingly
D)None of the above
Answer: A
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Page 5
Chapter 4: Justification Defenses
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Q1) Deadly force may be used in defense-of-property if the situation involved in defense-of-property evolves into a self-defense or defense of others that justifies the use of deadly force.
A)True
B)False
Q2) A defense of necessity will likely succeed if a person drives on a suspended license, a relatively minor crime, to take a sick loved one to the hospital.
A)True
B)False
Q3) The necessity defense, also called the ________________ defense, justifies certain types of criminal activity when it cannot be avoided.
Q4) A nonexculpatory defense is a defense that is related to the elements of the crime or defendant's alleged fault or guilt.
A)True
B)False
Q5) At common law, the victim of an unlawful arrest could use as much force necessary to resist an illegal arrest with the exception of _________________.
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6
Chapter 5: Excuse Defenses
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Q1) Intoxication is important in criminal law because it affects ______________.
Q2) When a defendant relies upon the use of alcohol or drugs as a defense, mental illness caused by voluntary intoxication is a legal defense.
A)True
B)False
Q3) Identify the five general elements for all non-homicide offense and analyze how each of these elements apply to the excuse of defense. Evaluate why these five elements are important when considering duress.
Q4) Some states recognize that duress can reduce _______________.
Q5) Which of the following is NOT one of the four circumstances in which a person is said to be involuntarily intoxicated?
A)The person is coerced to ingest an intoxicant.
B)The person accidentally ingests an intoxicant.
C)The person ignores the warning label on an over-the-counter medicine label that warns of possible intoxication from over-consumption of the medicine.
D)The person suffers from "pathological intoxication."
Q6) Legislative exclusion may also be known as _______________ exclusion.
Q7) ______________ defenses, while controversial, are essential.
Page 7
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Chapter 6: Complicity and Vicarious Liability
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Q1) In a few situations, accomplice liability is a legal __________________.
Q2) The accomplice's <i>mens rea </i>must match the _____________ of the underlying offense.
Q3) An ___________________ is typically a participant in a crime after the crime is committed.
Q4) A nonproxyable offense is one that can only be perpetrated by a designated person or class of persons.
A)True
B)False
Q5) What happens if a person commits an offense because another person convinces that person that the act is actually legal or that the victim has given consent?
A)The actor may be acquitted, but the accomplice may still be convicted.
B)The actor and the accomplice will both be convicted regardless of the actor's belief of innocence.
C)The accomplice will be acquitted because he did not actually commit the crime or participate in the crime.
D)None of the above
Q6) Being an __________________ is not quite as serious a being an accomplice.
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Chapter 7: Inchoate Crimes
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Sample Questions
Q1) Res ipsa loquiter is Latin for "the act speaks for itself" and applies to which test for determining the actus reus in attempt?
A)Unequivocality Test
B)Probable Desistance Test
C)Indispensible Test
D)None of the above
Q2) ______________ is a requirement in some states that defendants have a corrupt motive in order to commit the crime of conspiracy.
Q3) What act is defined as a voluntary action taken by the defendant in furtherance of the crime of conspiracy?
A)Overt act
B)Covert act
C)Special act
D)None of the above
Q4) The courts recognize two types of impossibility: factual and legal.
A)True
B)False
Q5) If crime is consummated, or completed, then it is no longer just an
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Chapter 8: Homicide
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Q1) Discuss felony murder and analyze the limitations of felony murder.
Q2) Murder in the first-degree may be expressed in three terms: willful, deliberate, and premeditated.
A)True
B)False
Q3) What is the unlawful homicide committed with the malice aforethought required for murder?
A)Manslaughter
B)Murder
C)Capital murder
D)First-degree murder
Q4) Discuss the differences between criminal homicide and non-criminal homicide. What defenses are available in certain homicides? What role does the definition of a human being play in these defenses?
Q5) Circumstances that would lend towards a harsher penalty during sentencing are known as _____________________.
Q6) _______________ is the rule concerning a husband catching his wife in the act of adultery providing adequate provocation to reduce a charge for killing another from murder to manslaughter.
Page 10
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Chapter 9: Assaultive Offenses
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Sample Questions
Q1) Under common law what was required of a rape victim to obtain a conviction of the offender?
A)Testimony corroborated with physical evidence
B)Proof that she was not a prostitute
C)Proof of age discrepancy
D)None of the above
Q2) Consensual sex between two 16-year-old teenagers is completely legal because the male is the same age as the female.
A)True
B)False
Q3) What is the primary difference in theft from a person and robbery?
A)The taking of personal property
B)The lack of intent to return the property to the rightful owner
C)The presence of violence or instilling of fear in the owner of the property
D)None of the above
Q4) In recent years, courts, legislatures, and critics of traditional conceptions of rape have come to realize that the common law resistance requirement is unreasonable.
A)True
B)False
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Chapter 10: Property Damage and Invasion
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Q1) Like criminal trespassing, burglary is concerned with property invasion, but also includes the intent to commit a felony.
A)True
B)False
Q2) What criminal offense is committed with the use of a computer or other electronic device?
A)Computer crime
B)Internet crime
C)Cybercrime
D)None of the above
Q3) George loves to create software that he can email to other computers that causes the software of the receiving computer to fail. George may be charged with
Q4) One of the primary cybercrime uses of the computer is ________________.
Q5) The mens rea for arson varies by statute, but typically requires what element?
A)Reckless conduct without intent
B)Negligent conduct without intent
C)Intent and knowledge
D)None of the above
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Chapter 11: Theft and Analogous Offenses
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Q1) What is the meaning of the Latin term "caveat emptor?"
A)Turn the other cheek
B)Worry not about others
C)Let the buyer beware
D)None of the above
Q2) Steve is a computer whiz and uses his computer to access other computers around the world with the intent to steal the identity information of each computer owner. What crime may be charged against Steve?
A)Identity theft
B)Embezzlement
C)Personality theft
D)None of the above
Q3) "White-collar crime" is a term used to describe various types of unlawful, nonviolent conduct committed by corporations and individuals including theft or fraud and other violations of trust committed in the course of the offender's occupation.
A)True
B)False
Q4) The ___________________ of larceny requires intent to permanently deprive the owner/possessor of the property.
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Chapter 12: Public Order, Morality, and Vice Crimes
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Q1) What is the term for any association or group of six or more persons that either requires, as a condition of membership, the commission of a crime of violence or, as part of its purpose or frequent activities, violates criminal laws?
A)Criminal street gang
B)Religious groups
C)Private club members
D)None of the above
Q2) Steve feels a strong urge to relieve himself while enjoying a drink at a local pub. He discovers the men's room is locked. He waits a few minutes and decides he can wait no longer. He steps out the front door and relieves himself in plain view of the public. What charges may be filed against Steve for urinating in the public?
A)Illegal urinating
B)Disorderly conduct
C)Non-Public conduct
D)None of the above
Q3) In some cases, ____________, alone is the key element in a crime.
Q4) ____________________ was the federal government's first effort to criminalize opium and cocaine.
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Page 14
Chapter 13: Terrorism and Offenses Against the State
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Q1) Terrorism is, by far, the least visible and potentially destructive crime against the state.
A)True
B)False
Q2) Domestic terrorism may be a local citizen or local group receiving direction from international sources.
A)True
B)False
Q3) What is the use of technology, including computers and the Internet, to carry out terroristic attacks?
A)Cyberterrorism
B)Narcoterrorism
C)Domestic terrorism
D)International terrorism
Q4) Compare the two categories of available statutes created by the U.S. Justice Department to aid in classifying and filing charges against terrorist activists. Explain why each offense is placed in a specific classification.
Q5) ____________________ is the only crime defined in the U.S. Constitution, Article III, Section 3.
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