Texas Statutory Law Exam Preparation Guide
Course Introduction
Texas Statutory Law explores the structure, development, and application of laws enacted by the Texas Legislature. The course examines the process of legislative drafting, codification, and interpretation, with an emphasis on understanding how statutes differ from and interact with constitutional and case law in Texas. Students analyze key legislative acts, engage with issues of statutory construction, and study contemporary statutory reforms affecting areas such as criminal law, civil rights, health, and education. Practical exercises may include statutory research, application to hypothetical scenarios, and critical discussion of legislative intent, providing students with the skills necessary to navigate and interpret Texas statutes in both legal practice and policymaking contexts.
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
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Sample Questions
Q1) The land,water,and airspace above the land and water where Texas statutes are enforceable is known as the ___________ jurisdiction of the state.
Answer: territorial
Q2) By state constitutional mandate,the specific phrase (8 words)must appear in all Texas indictments.
Answer: against the peace and dignity of the state
Q3) What would be the likely result of enactment of a criminal law that is not supported by the bulk of the population? Provide an example to support your answer.
Answer: Student response should note that laws that lack popular support tend to be ignored or knowingly broken.Student might use the historical examples of the prohibition era or the 55 mile per hour speed limit.Or,the student might cite the current laws on marijuana possession or underage consumption of alcohol.
Q4) Murder and theft are examples of malum in se crimes.
A)True
B)False
Answer: True
Q5) The territorial waters of Texas extend three ______ into the Gulf of Mexico. Answer: leagues
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Chapter 2: Elements of a Crime
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66 Flashcards
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Sample Questions
Q1) In cases where the statute fails to mention a culpable mental state,unless the definition of the offense plainly dispenses with a culpable mental state,proof of at least recklessness must be established in order to convict the accused.
A)True
B)False
Answer: True
Q2) The doctrine of transferred intent is used by courts to determine whether an accused is eligible for probation after conviction.
A)True
B)False
Answer: False
Q3) A convicted criminal defendant who receives a sentence of one year in the county jail has been convicted of a Class ____ misdemeanor.
Answer: A
Q4) If a statute criminalizes conduct only if it occurs in a public place or within public view,this limitation would be considered to be an ______________ circumstance.
Answer: attendant
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Chapter 3: The Criminal Law in Daily Practice
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76 Verified Questions
76 Flashcards
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Sample Questions
Q1) If certain Texas offenses are committed by an offender due to the offender's prejudice against the religion of the victim,the penalty may be enhanced.
A)True
B)False
Answer: True
Q2) The prohibition against double jeopardy prevents an offender from being prosecuted by both the federal and state governments for criminal conduct arising from the same factual situation.
A)True
B)False
Answer: False
Q3) Texas law does not explicitly state the amount of evidence a grand jury needs to issue a felony indictment.
A)True
B)False
Answer: True
Q4) No prosecution may lawfully proceed if the statute of ___________ for the particular offense has expired. Answer: limitations
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Chapter 4: Parties to Offenses
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37 Verified Questions
37 Flashcards
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Sample Questions
Q1) The respondeat superior theory may be used to hold Texas corporations criminally responsible only for ______________ level offenses.
Q2) To be held criminally liable for assisting another in committing an offense,an individual must have acted with ___________ to assist in its commission.
Q3) In addition to the elements of the specific offense,what are the key factors that must be proven for a corporation to be held criminally responsible for a felony?
Q4) 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.
Q5) Under the law of parties,the acquittal of one co-defendant will result in the automatic acquittal of all other co-defendants. A)True B)False
Q6) Describe three examples of pre-crime assistance where an individual would be considered a co-principal in the subsequent commission of a crime.
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Chapter 5: Criminal Homicide
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96 Verified Questions
96 Flashcards
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Sample Questions
Q1) Bob is out hunting on the first day of deer season.He has never been hunting before and is anxious to shoot a deer.Shortly after climbing into his deer stand,Bob hears a rustling in the woods.Figuring that it must be a deer,he fires his rifle in the direction of the sound.The noise stops.He climbs down from the stand to investigate and discovers not a dead deer but a dead person; he has mistakenly shot and killed another hunter! The most serious offense,if any,Bob has committed is:
A)no offense because the death was an accident.
B)murder.
C)capital murder.
D)manslaughter.
Q2) Jack kidnaps Jill with the intention of sexually assaulting her.He drives her to a secluded location but as he is attempting to assault her,she jumps from the car and runs down the road.Jack drives after her and strikes her with the car,killing Jill immediately.Jack has committed capital murder,not just murder,because he ___________ killed Jill during the course of the kidnapping and sexual assault.
Q3) All homicides are criminal acts.
A)True
B)False
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Chapter 6: Assault and Sexual Assault
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103 Verified Questions
103 Flashcards
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Sample Questions
Q1) Which of the following items is a "deadly weapon" according to the definition contained in the Texas Penal Code?
A)realistically appearing toy pistol
B)unloaded .45 caliber pistol
C)pellet gun
D)All of the above are deadly weapons according to the Penal Code definition.
Q2) Marie,a 28-year-old female,asks her neighbor Jason,a 15-year-old male,if he would like to have sex with her.Jason readily agrees.The two begin a several week relationship and engage in sexual intercourse daily in Marie's home.Jason's mother learns of the affair and contacts the police.Under Texas law Marie has committed:
A)no offense because Jason agreed to the sexual activity.
B)no offense because only the forcible conduct of males against females violates the Texas sexual assault laws.
C)sexual assault of a child because Jason is too young to legally consent to sexual activity.
D)aggravated sexual assault of a child because she is more than 10 years older than Jason.
Q3) The cornerstone issue in sexual assault of an adult is the question of ________.
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Chapter 7: Kidnapping and Related Offenses
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44 Flashcards
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Sample Questions
Q1) Under Texas law,an abduction that occurs incidental to another offense,such as a robbery,is viewed as merged within the underlying crime and is not subject to separate prosecution.
A)True
B)False
Q2) The Texas statute that sanctions improper taking or restraint of children contrary to a court order is titled ___________ with child custody.
Q3) Through the use of social media on the Internet,Al lures young girls from foreign lands to immigrate to the United States with the promise of high paying jobs.Upon arrival,Al forces the young girls into a life of prostitution.Schemes such as this one are known as\(\underline{ (\text { two words })}\).
Q4) Under Texas law,if a deadly weapon is used in the course of a kidnapping,the offense elevates to aggravated kidnapping.
A)True
B)False
Q5) A person who is in the business of smuggling undocumented aliens into the state violates the \(\underline{ (\text { two words })}\) statute.
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Page 9
Chapter 8: Property Destruction Offenses
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59 Verified Questions
59 Flashcards
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Sample Questions
Q1) If Ronald,an urban gang member,uses aerosol paint to "tag" a highway overpass,his conduct violates the Texas graffiti statute.
A)True
B)False
Q2) A detached garage adjoining a house in the suburbs is an example of a structure within the house's curtilage.
A)True
B)False
Q3) Markings that constitute political,social,or religious expression are protected by the First Amendment and may not be prosecuted as a criminal offense.
A)True
B)False
Q4) In order to avoid violating the arson statute,a commercial demolition company must obtain a permit from local authorities before using explosives to demolish a building.
A)True
B)False
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Chapter 9: Theft,Fraud,and Related Offenses
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83 Verified Questions
83 Flashcards
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Sample Questions
Q1) The offense of theft involves a person unlawfully appropriating property with intent to deprive the owner of property.Identify the four ways in which property may be appropriated in an unlawful manner and briefly explain each way.
Q2) If the bookkeeper for a business alters the company's financial records and diverts money to her own bank account,a Texas grand jury could properly indict the bookkeeper for the offense of embezzlement.
A)True B)False
Q3) Explain the difference between forgery of a check,theft by check,and issuance of a bad check.
Q4) Knowingly leaving a restaurant without paying for the food violates the \(\underline{ (\text { two words })}\) statute.
Q5) Texas is the only state that has no statute criminalizing the fraudulent use of another person's identity or identifying information.
A)True B)False
Q6) The penalty for theft is enhanced to the next penalty level if the victim is a(n)____________ person.
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Chapter 10: Robbery,Burglary,and Criminal Trespass
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86 Verified Questions
86 Flashcards
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Sample Questions
Q1) Ricardo enters a liquor store one cold winter evening.He approaches the clerk and says,"This is a stick-up.Give me all of your money or you're a dead man!" Ricardo has his hand in his right coat pocket and is using his finger to simulate a gun barrel.The clerk,believing Ricardo to be holding a pistol,says,"Don't shoot.I'm afraid to die.Here's the money." He hands Ricardo $575.Ricardo departs.The most serious offense Ricardo has committed is:
A) aggravated robbery because the clerk perceived he had a deadly weapon.
B)aggravated robbery because he placed the clerk in fear of death.
C)robbery because he threatened the clerk with death in order to obtain the money.
D)felony theft because he did not have a real pistol.
Q2) If Jack threatens to beat up Jill unless she gives him $100,Jack has committed the felony offense of __________.
Q3) For the purposes of the robbery statute,an offender is considered to be in the course of committing theft during an attempted theft,during the actual commission of theft,or during the \(\underline{ (\text { two words })}\) after the attempt or commission of theft.
Q4) Explain the meaning of the term "enter" as it applies to the law of burglary of a building or habitation.
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Page 12
Chapter 11: Offenses Against Government Operations
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91 Flashcards
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Sample Questions
Q1) Late one evening Charles is attempting to sell cocaine on a city street corner.A customer approaches and asks the price.Charles produces a small envelope of the drug and names a price.At this point the customer says,"Police officer.You are under arrest." Charles immediately sticks the envelope in his mouth and swallows it.The officer takes him into custody and transports Charles to the hospital where his stomach is pumped and the envelope of cocaine is recovered.In addition to the drug charge,Charles has also committed:
A)interference with public duties.
B)obstruction of justice.
C)tampering with or fabricating physical evidence.
D)all of the above offenses.
Q2) Influencing a public servant's conduct by the offer of sexual favors violates the bribery statute.
A)True
B)False
Q3) When a suspect is charged with resisting arrest,he will also often be charged with ________ of a peace officer.
Q4) In order to commit the offense of escape,the suspect must first be in ________.
Q5) It is no defense to a charge of resisting arrest that the arrest was ________.
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Chapter 12: Public Disorder,Indecency,Health,and Safety Offenses
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89 Verified Questions
89 Flashcards
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Sample Questions
Q1) Much disorderly activity becomes a crime only if it occurs in a ________.
Q2) Under Texas law,a public place becomes a private place if an admission fee is charged to enter the locale.
A)True
B)False
Q3) Leon is arrested in possession of a substantial amount of marijuana.Whether he will be charged with a misdemeanor or felony offense will be based primarily upon the ________ of the marijuana.
Q4) Rex has a date with Mona.He takes her out to dinner and a movie.They then go to a bar and consume several margaritas.Rex pays for the costs of the entire evening.The two end up at Mona's apartment where they engage in sexual intercourse.Mona has violated the prostitution statute.
A)True
B)False
Q5) Jerome lives on a small residential street.He is angry because the garbage truck comes down the street at 6:00 am,awakening Jerome who works the night shift.One day he places saw horses across the street to prevent the truck from coming past his home.Jerome's actions constitute the crime of ________ a passageway.
Page 14
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Chapter 13: Intoxication Offenses
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58 Verified Questions
58 Flashcards
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Sample Questions
Q1) A peace officer may lawfully release an intoxicated person into the care of a responsible adult.
A)True
B)False
Q2) To commit the offense of public intoxication an individual must be intoxicated to the point of potentially endangering himself or others.Does the requirement of potentially endangering oneself or another grant a peace officer too much discretion in enforcing the statute? Explain your answer.
Q3) A key element of the offense of driving while intoxicated is that the accused was ________ a motor vehicle in a public place while intoxicated.
Q4) The Texas Legislature has explicitly eliminated the necessity of proving a culpable mental state in cases involving public intoxication.
A)True B)False
Q5) The BAC standard is the measure used to determine whether or not a driver is intoxicated on cocaine.
A)True B)False
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Chapter 14: Preparatory Offenses and Organized Criminal Activity
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72 Verified Questions
72 Flashcards
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Sample Questions
Q1) Tom,Dick,and Harry agree to burglarize the local bank.Tom visits the bank to determine the type of vault the bank uses.Dick acquires an acetylene torch and other tools to use in the burglary.Harry currently works as an alarm installer and will disable the bank's alarm prior to the burglary.On the night of the burglary,however,Dick changes his mind about participating.He falsely claims to have the flu and remains home.Tom and Harry go to the bank but are apprehended by the police shortly after breaking into the bank building.Which of the following is a correct statement about this incident?
A)Tom,Dick,and Harry have committed criminal conspiracy (burglary).
B)Tom and Harry have committed burglary while Dick has only committed attempted burglary.
C)Dick has the defense of renunciation to a charge of criminal conspiracy.
D)Dick has the defense of factual impossibility to a charge of burglary of the bank since he was not present at the scene.
Q2) Under Texas law,a criminal conspiracy requires three or more persons to agree to commit a felony or Class A misdemeanor and at least one of them to commit an overt act in furtherance of that felony.
A)True
B)False
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Chapter 15: General Defenses and Justification
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113 Flashcards
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Sample Questions
Q1) John,angry because he was fired from his job,returns to the workplace with several loaded firearms.He shoots his former boss and a dozen co-workers and customers,killing six people.He is arrested and charged with capital murder.At trial,John raises the defense of insanity,claiming "I must have been crazy.No one in their right mind would shoot that many innocent people." John's use of the insanity defense will likely be successful.
A)True
B)False
Q2) Several statutory excuses that an accused might use to gain an acquittal at trial appear in the Texas Penal Code.Some of these excuses,such as insanity and duress,place the burden on the defendant to not only raise the issue at trial but to establish the excuse by the preponderance of the evidence.These excuses are known as:
A)affirmative defenses.
B)exceptions.
C)duck and cover defenses.
D)behavioral negations.
Q3) If a jury determines that criminal defendant is insane,the individual is entitled to a verdict of ________.
Q4) Should the age for general criminal responsibility be raised from 17?
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Page 17
Chapter 16: Federal Criminal Law
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47 Verified Questions
47 Flashcards
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Sample Questions
Q1) The most common federal criminal charge relates to:
A)robbery of federally-insured banks.
B)controlled substances.
C)immigration offenses.
D)mail fraud.
Q2) Assassination of the President is the only crime specifically mentioned in the U.S.Constitution.
A)True
B)False
Q3) Whether or not a criminal act is an act of terrorism depends upon the ________ of the perpetrator.
Q4) Which of the following criminal offenses is specifically mentioned in the U.S.Constitution?
A)murder
B)larceny
C)rape
D)crimes on the high seas
Q5) Under the federal RICO Act,a pattern of racketeering activity is shown if the accused has committed at least two related ________ offenses with a 10-year period.
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