Pre-Law Studies Test Bank
Course Introduction
Pre-Law Studies is designed to introduce students to the foundational concepts and skills necessary for pursuing a career in law. This course explores the structure and function of legal systems, the basics of legal reasoning, and the principles underlying various branches of law, such as constitutional, criminal, and civil law. Students will engage in critical thinking, case analysis, and discussions about ethics and justice, while also gaining practical insight into the law school application process and legal professions. The course aims to foster analytical skills, effective research and writing abilities, and a broad understanding of the societal impact of legal systems, preparing students for advanced studies in law and related fields.
Recommended Textbook
Texas Criminal Law Principles and Practices 2nd Edition by Jerry L. Dowling
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16 Chapters
1169 Verified Questions
1169 Flashcards
Source URL: https://quizplus.com/study-set/408
Page 2
Chapter 1: Foundations of Criminal Law
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49 Verified Questions
49 Flashcards
Source URL: https://quizplus.com/quiz/7138
Sample Questions
Q1) One purpose of criminal law is to deter the commission of criminal offenses.In your view,how much does the threat of punishment deter you from engaging in undesirable social behavior?
Answer: Student responses will vary but should refer to the assumptions that underlie general deterrence theory and how their own behavior is influenced by those assumptions.
Q2) In America,criminal offenses are generally divided into two categories based on severity: felonies and ______________.
Answer: misdemeanors
Q3) Texas was an early participant in the 19?? century ___________ movement to clearly spell out in written form the definition of criminal offenses.
Answer: codification
Q4) List and explain the primary attributes of a crime.
Answer: The primary attributes of a crime are:
-Government defines the illegal conduct.
-Government is the victim of crime.
-Government prosecutes case.
-Judgment is payable to the government.
Answer should demonstrate a clear understanding of the four concepts.
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Chapter 2: Elements of a Crime
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66 Verified Questions
66 Flashcards
Source URL: https://quizplus.com/quiz/7139
Sample Questions
Q1) Under modern criminal law,the term "mens rea" is a synonym for "intent."
A)True
B)False
Answer: False
Q2) The most common form of conduct subject to criminal liability is an affirmative act by the offender.
A)True
B)False
Answer: True
Q3) Offenses committed with the culpable mental state of __________ are generally viewed as the most serious in society.
Answer: intent
Q4) Which of the following is an element that must be proven in every criminal offense?
A)intent
B)causation
C)injury
D)motive
Answer: B
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Page 4
Chapter 3: The Criminal Law in Daily Practice
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76 Verified Questions
76 Flashcards
Source URL: https://quizplus.com/quiz/7140
Sample Questions
Q1) The charging instrument in a misdemeanor court case is called an:
A)information.
B)instanter.
C)accusation.
D)overture.
Answer: A
Q2) Bill is driving his automobile after an evening of heavy drinking.A deputy sheriff observes Bill's car weaving from lane to lane and stops the vehicle.After conducting field sobriety tests,the deputy arrests Bill for driving while intoxicated (DWI),a misdemeanor that can result in a fine or incarceration.The prosecutor later determines that this is Bill's first offense.Accordingly,Bill's trial on the DWI charge will be held in ____________ Court.
Answer: County
Q3) The various forms of County Court hold jurisdiction over Class A and Class B misdemeanor trials.
A)True
B)False
Answer: True
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5
Chapter 4: Parties to Offenses
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37 Verified Questions
37 Flashcards
Source URL: https://quizplus.com/quiz/7141
Sample Questions
Q1) Under Texas law,for a corporation to be criminally liable for a felony,the illegal conduct must have been authorized by:
A)a high managerial agent.
B)a minimum of two members of the board of directors.
C)a majority of the stockholders.
D)any employee holding a supervisory position in the company.
Q2) For a corporation to be held criminally responsible for a felonious act in Texas,the act must have been performed or approved by a ________(three words)___________ of the corporation.
Q3) Local governmental entities,such as cities,are subject to prosecution under the Texas Penal Code.
A)True
B)False
Q4) A store clerk who sells a firearm to an individual who later uses the gun in a murder is equally responsible for the crime.
A)True
B)False
Q5) Define the accomplice testimony rule and explain its effect in court on a criminal prosecution.
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Chapter 5: Criminal Homicide
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96 Verified Questions
96 Flashcards
Source URL: https://quizplus.com/quiz/7142
Sample Questions
Q1) Ricardo,a 17-year-old high school senior,is angry because he has been expelled from school one month before graduation.He walks into the school lunch room with a rifle.He begins shooting randomly at the teacher's table.By the time he is subdued by other students,Ricardo has killed two persons and injured three others.The most serious offense Ricardo has committed is ______(two words)_____.
Q2) In a murder-for-hire case,both the killer and the individual who hired the killer have committed capital murder.
A)True
B)False
Q3) Rod,a 17-year-old male afflicted with mental health issues,intentionally murders a neighbor child Juliet.The crime will elevate to capital murder if Juliet were under ___ years old at the time of the murder.
Q4) In murder cases,prosecutors often establish the reason for the killing as a means to satisfy the jury's curiosity regarding why the death occurred.
A)True
B)False
Q5) Murders and manslaughters,but not accidental deaths,are forms of ____________ homicides.
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Chapter 6: Assault and Sexual Assault
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103 Verified Questions
103 Flashcards
Source URL: https://quizplus.com/quiz/7143
Sample Questions
Q1) Of the following injuries,which meets the definition of "serious bodily injury" as defined in the Texas Penal Code?
A)sprained ankle
B)dislocated toe
C)painful shoulder
D)bloody nose
Q2) The cornerstone issue in sexual assault of an adult is the question of ________.
Q3) John and Marsha have been married for five years.Their marriage has been a stormy one.One night while intoxicated,John tells Marsha,"If you ever try to divorce me,you'll be very,very sorry!" The comment makes Marsha fearful of her future safety.John has committed:
A)terroristic threat because John's statement places Marsha in fear of imminent serious bodily injury.
B)no offense as yet because John's statement does not threaten imminent bodily injury.
C) no offense because a spouse is exempt from the protections of the assault statute.
D)assault by threat.
Q4) Express or apparent ________ is a defense to the charge of sexual assault.
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8
Chapter 7: Kidnapping and Related Offenses
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44 Verified Questions
44 Flashcards
Source URL: https://quizplus.com/quiz/7144
Sample Questions
Q1) Which objective of the Texas Penal Code (Sec.1.02)is served by the state's approach in prosecuting incidental kidnappings?
Q2) Under Texas law,an armed robber who forces his victim to move from one location to another also commits the offense of \(\underline{ (\text { two words })}\).
Q3) Pablo charges individuals $1,500 to smuggle them across the Texas-Mexico border.One July day after collecting his fee,Pablo hides three Mexican citizens in sealed cardboard boxes marked "PINATAS." He then places the boxes in the back of his truck,which is filled with similarly marked boxes that actually contain piƱatas.He drives across the border.A Customs inspector on the Texas side of the border glances in the back of the truck and waves Carlos through.Several hours later the truck breaks down near San Antonio.A passing Texas Highway Patrol trooper stops to assist Pablo.The trooper becomes suspicious when he hears noises coming from the boxes.He opens a box and discovers a hot,unconscious individual.The other two individuals are subsequently discovered.Pablo has committed:
A)unlawful restraint.
B)kidnapping.
C)unlawful transport.
D)none of the above as this is a federal immigration matter.
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9
Chapter 8: Property Destruction Offenses
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59 Verified Questions
59 Flashcards
Source URL: https://quizplus.com/quiz/7145
Sample Questions
Q1) John is a member of a radical pro-life organization.He believes that virtually any means should be used to stop the performing of abortions.One evening police apprehend him as he is using a paintbrush to write "Stop the baby killers" on the side of a community medical clinic where abortions are performed.Which of the following statements is correct regarding this incident?
A)John has committed no criminal offense because he was exercising his First Amendment right of free speech.
B)John has committed a violation of the graffiti statute because he was writing graffiti on the building.
C) John has committed reckless damage or destruction because he was reckless in believing others were interested in his opinion.
D)John has committed criminal mischief because he intentionally damaged another's property without their consent.
Q2) An arson occurs if an individual damages a building due to recklessly causing an explosion while manufacturing a ___________ substance.
Q3) The Texas arson statute applies to fires and explosions.What constitutes a fire? What is an explosion?
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Chapter 9: Theft,Fraud,and Related Offenses
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83 Verified Questions
83 Flashcards
Source URL: https://quizplus.com/quiz/7146
Sample Questions
Q1) The Texas forgery statute applies only to forging of "writings."
A)True
B)False
Q2) Under the Texas Penal Code,the penalty for certain forms of theft is greater than for other forms.For example,theft of which of the following items is always a felony regardless of the value of the item?
A)prescription drugs
B)automatic teller machine
C)saddle
D)Texas flag
Q3) The presumptive penalty for a violation of the theft statute is determined by calculating the object's fair market value minus reasonable depreciation.
A)True
B)False
Q4) Theft of any goat,sheep,pig,or cow is a felony under Texas law.
A)True
B)False
Q5) Explain the difference between forgery of a check,theft by check,and issuance of a bad check.
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Chapter 10: Robbery,Burglary,and Criminal Trespass
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86 Verified Questions
86 Flashcards
Source URL: https://quizplus.com/quiz/7147
Sample Questions
Q1) Twenty individuals have established a picket line on the plaza in front of city hall protesting a recent raise in water rates.The individuals are carrying signs reading "Water is a basic right" and "We're being hosed." They are also chanting "Down with the rate hike!" Persons coming to city hall must pass by the picket line in order to enter the building.The police are called to the scene.The police supervisor tells the protesters to go home.They ignore his order.Which of the following is an accurate statement regarding this situation?
A)The protesters are committing criminal trespass because the plaza in front of city hall is not an appropriate place to protest.
B)The protesters will be committing criminal trespass if they refuse to leave after the mayor gives them written notice on city letterhead.
C)The protesters are committing criminal trespass because the police supervisor gave them notice to depart and they have failed to do so.
D)The protesters are NOT committing criminal trespass because they are merely exercising their First Amendment right to peacefully protest on public property.
Q2) A robbery elevates to an aggravated robbery if the victim is ____ years of age or older.
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Chapter 11: Offenses Against Government Operations
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91 Verified Questions
91 Flashcards
Source URL: https://quizplus.com/quiz/7148
Sample Questions
Q1) Influencing a public servant's conduct by the offer of sexual favors violates the bribery statute.
A)True
B)False
Q2) Ralph shoplifts a wristwatch at the mall.A private security officer sees the incident and detains Ralph while the police are summoned.While awaiting the arrival of a police officer,Ralph darts away from the security officer and flees the mall.Ralph has committed the offense of escape.
A)True
B)False
Q3) The interference with public duties statute is NOT enforceable against an individual who is exercising certain rights granted by the:
A)First Amendment to the U.S.Constitution.
B)Second Amendment to the U.S.Constitution.
C)Fourth Amendment to the U.S.Constitution.
D)Tenth Amendment to the Texas Constitution.
Q4) Contributions to political campaigns are generally not considered to violate the bribery statute so long as the public servant receiving the contribution ________ it as required by law.
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Chapter 12: Public Disorder,Indecency,Health,and Safety Offenses
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89 Verified Questions
89 Flashcards
Source URL: https://quizplus.com/quiz/7149
Sample Questions
Q1) Every Friday night,Jack organizes a poker game in his home.Friends from the neighborhood and his work join in the game.Everybody chips in $10 for beer and snacks.At the end of a typical evening the winner may gain as much as $50.Neither Jack nor any of the other players are in violation of the Texas gambling statute because of the:
A)Hoyle defense.
B)social gambling defense.
C)friendly poker game defense.
D)fact that the winner gains less than $100.
Q2) If Pat and Dakota agree to consensual sexual activity in a private place,no violation of the Texas Penal Code occurs.However,a crime does occur if:
A)either Pat or Dakota charges a fee for participating in the sexual activity.
B)Pat and Dakota are not married to each other.
C)either Pat or Dakota are married to someone else.
D)Pat and Dakota are of the same gender.
Q3) The key element of the offense of gambling is whether or not the accused made a ________ on a game,contest,or the like.
Q4) Do additional locations exist that should be included in the places weapons are prohibited statute? Cite examples.
Page 14
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Chapter 13: Intoxication Offenses
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58 Verified Questions
58 Flashcards
Source URL: https://quizplus.com/quiz/7150
Sample Questions
Q1) A state trooper observes Lance riding his bicycle on the Interstate Highway.As the trooper's vehicle approaches the biker,Lance crashes his bicycle into the side of the patrol vehicle.Lance falls to the ground.The trooper immediately observes that Lance is severely intoxicated.The trooper would be legally justified in arresting Lance and charging him with:
A)public intoxication.
B)driving while intoxicated.
C)intoxication assault.
D)all of the above offenses.
Q2) An individual who is intoxicated in his own home commits no violation of Texas law.
A)True
B)False
Q3) The Texas public intoxication statute authorizes justice personnel to divert intoxicated individuals away from the justice system.
A)True
B)False
Q4) A blood alcohol concentration of 0.08 or greater is known as intoxication
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Chapter 14: Preparatory Offenses and Organized Criminal Activity
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72 Verified Questions
72 Flashcards
Source URL: https://quizplus.com/quiz/7151
Sample Questions
Q1) Criminal attempt normally involves a specific intent to commit a substantive offense and an ________ that falls short of the completion of the intended offense.
Q2) Jason and three friends are playing poker.Jason believes one of the friends,Brett,is cheating.Jason draws a pistol and begins chasing Brett around the room,firing several shots in his direction.None of the shots hit Brett.Neighbors hearing the noise contact the police.When the police arrive,Jason is out of ammunition and Brett is terrified.Jason has committed:
A)criminal attempt (murder).
B)criminal attempt (disorderly conduct).
C)criminal attempt (reckless conduct).
D)none of the above because he did not injure Brett.
Q3) Carlos,the leader of a gang,commands Juan,a gang member,to murder Javier another member of the gang because Carlos believes Javier is a police informant.Carlos gives Juan a pistol to accomplish the deed.Juan,however,is not interested in murdering anyone and reports the incident to the police.Juan agrees to testify against Carlos at his trial for criminal ________ arising from the incident.
Q4) ________ is a statutory defense to a charge of criminal conspiracy even after the overt act has occurred.
Page 16
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Chapter 15: General Defenses and Justification
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113 Verified Questions
113 Flashcards
Source URL: https://quizplus.com/quiz/7152
Sample Questions
Q1) A criminal accused may be viewed by society as crazy but not be insane because insanity is a ________ concept,not a psychiatric or psychological concept.
Q2) Under Texas law,what is the minimum age at which a person can be prosecuted in the adult justice system for: Murder?
Sexual assault?
Theft?
Q3) When an accused seeks to be found not guilty due to a legal excuse,he is required to bring forth evidence of that excuse.When the law requires that the accused establish the defense by the preponderance of the evidence,this is known as an ________ defense.
Q4) A courtroom defense strategy where the accused admits to the conduct charged but seeks conviction of a lesser charge is known as ________.
Q5) Under Texas law,a 15-year-old can be prosecuted in the adult justice system without first processing through the juvenile justice system if the offense charged is a ________ offense.
Q6) Briefly explain the three elements that must be proven by a defendant to establish the insanity defense.
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Page 17
Chapter 16: Federal Criminal Law
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47 Verified Questions
47 Flashcards
Source URL: https://quizplus.com/quiz/7153
Sample Questions
Q1) Which of the following is a violation of federal anti-terrorism law?
A)providing material support to terrorists
B)being related to a terrorist by blood or marriage
C)traveling to a country controlled by terrorists
D)being sympathetic to one or more goals of a terrorist organization
Q2) An intention to intimidate or coerce a civilian population is an element of the FBI's definition of both domestic and international terrorism.
A)True
B)False
Q3) The federal Patriot Act expands the special maritime and territorial jurisdiction of the United States to foreign locations.
A)True
B)False
Q4) A crime becomes an act of terrorism only if it violates some section of the federal criminal code.
A)True
B)False
Q5) List three of the most common categories of federal criminal charges.
Q6) Explain the federal Assimilative Crimes Act and how it is used in Texas.
Page 18
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