Midterm Study Trivia Quiz

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| By Mrreigel
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Mrreigel
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Quizzes Created: 1 | Total Attempts: 295
Questions: 17 | Attempts: 296

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Midterm Quizzes & Trivia

With exams around the corner, it is important to ensure that you are ready for anything they bring at you otherwise you may end up freezing in the exam room. Do you have your midterms and are looking for a study trivia? If so, then the one below is perfect for you, why don’t you give it a shot and see what awaits you!


Questions and Answers
  • 1. 

    The act need not be the only cause of death; it must be a proximate cause. The death must occur within __________ after the cause of death is administered or it will be "rebuttably presumed" that the death did not result from the act.

    • A.

      6 months and a day

    • B.

      One year and a day

    • C.

      Three years and a day

    • D.

      Five years and a day

    Correct Answer
    C. Three years and a day
    Explanation
    The act being referred to in the question is the cause of death. The explanation states that the act does not have to be the sole cause of death, but it must be a proximate cause. Proximate cause means that the act must have a direct and substantial connection to the death. According to the explanation, the death must occur within three years and a day after the cause of death is administered. If the death occurs after this time period, it will be presumed that the act did not result in the death.

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  • 2. 

    The corpus delicti or essential elements of a Felonious criminal homicide include ALL BUT WHICH OF THE FOLLOWING

    • A.

      Death of a human being

    • B.

      Unlawful act

    • C.

      Criminal agency

    • D.

      Body of deceased

    Correct Answer
    D. Body of deceased
    Explanation
    The essential elements of a felonious criminal homicide include the death of a human being, an unlawful act, and criminal agency. The body of the deceased is not an essential element because in some cases, such as when a person goes missing and their body is never found, a conviction for criminal homicide can still be obtained based on other evidence. Therefore, the body of the deceased is not necessary to prove the crime of felonious criminal homicide.

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  • 3. 

    Terry is in the act of molesting a child and the child accidently falls and is killed. What crime is Terry gulity of?

    • A.

      Nothing, except child molestation

    • B.

      Manslaughter

    • C.

      First degree murder

    • D.

      Second degree murder

    Correct Answer
    C. First degree murder
  • 4. 

    All but one of the following is an element of first degree murder. Select the incorrect answer

    • A.

      Maliceaforethought

    • B.

      Premeditation

    • C.

      Lyin in wait

    • D.

      Child endangerment

    Correct Answer
    D. Child endangerment
    Explanation
    The question asks for the incorrect answer among the elements of first-degree murder. First-degree murder typically requires elements such as malice aforethought, premeditation, and lying in wait. Child endangerment, on the other hand, is not typically considered an element of first-degree murder. Therefore, the incorrect answer is child endangerment.

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  • 5. 

    Tony drives be Jimmy and intentionally shoots him. Jimmy dies as a result of the gun shot wound. What would the charge be?

    • A.

      Assault with a deadly weapon

    • B.

      First degree murfder with special circumstances

    • C.

      First degree murder without special circumstances

    • D.

      Battery with a weapon

    Correct Answer
    C. First degree murder without special circumstances
    Explanation
    1st degree murder (with special circumstances)
     Death penalty circumstances may include:
    o Intentional murder carried out for financial gain
    o Using an explosive or destructive device
    o Victim is a law enforcement officer or fire-fighter
    o Victim is a witness, prosecutor, judge or public official
    o Victim intentionally killed based on race, color, religion, etc.

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  • 6. 

    Killing as a result which type of the following crimes would be a first-degree murder?

    • A.

      Drive-by shooting

    • B.

      Poison

    • C.

      Carjacking

    • D.

      Torture or mayhem

    • E.

      All of the above

    Correct Answer
    E. All of the above
    Explanation
    1st Degree: All murder perpetrated by the following:
     Means of destructive device, explosive, weapon of mass destruction
     Armor-piercing bullets
     Poison
     Torture
     Lying-in-wait
     or any other willful, premeditated, and deliberate killing
     or committed in perpetration or the attempt to perpetrate certain serious felony crimes (i.e., Felony Murder Rule)

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  • 7. 

    Killing during “sudden quarrel or heat of passion” is what type of manslaughter:

    • A.

      Involuntary.

    • B.

      Voluntary.

    • C.

      Excusable.

    • D.

      Justifiable.

    Correct Answer
    B. Voluntary.
    Explanation
     Voluntary manslaughter is committed when a person intentionally and unlawfully kills another person by:
     Sudden quarrel, or
     Heat of passion

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  • 8. 

    Which one of the following is an example of voluntary manslaughter?

    • A.

      Vehicular homicide

    • B.

      Killing in the heat of passion

    • C.

      Killing during second degree robbery

    • D.

      Death occurring while lawfully correcting a child with corporal punishment.

    Correct Answer
    B. Killing in the heat of passion
    Explanation
     Voluntary manslaughter is committed when a person intentionally and unlawfully kills another person by:
     Sudden quarrel, or
     Heat of passion

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  • 9. 

    Killing someone in an “unlawful act” not a felony or during a “lawful act” which might produce death in an unlawful manner if done without due caution and circumspection is what type of manslaughter?

    • A.

      Involuntary

    • B.

      Voluntary

    • C.

      Excusable

    • D.

      Justifiable

    Correct Answer
    A. Involuntary
    Explanation
    Involuntary manslaughter refers to the unintentional killing of a person during the commission of an unlawful act that is not a felony, or during the commission of a lawful act that might produce death in an unlawful manner if done without due caution and circumspection. This means that the person did not have the intention to cause harm or kill someone, but their actions resulted in the death of another person.

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  • 10. 

    “X” kills “Y” when “Y” attempts to rob the “X” at gunpoint. The killing is:

    • A.

      Second degree murder.

    • B.

      Manslaughter.

    • C.

      Justifiable homicide.

    • D.

      Excusable homicide.

    Correct Answer
    C. Justifiable homicide.
    Explanation
    self defence

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  • 11. 

    Select the incorrect answer.

    • A.

      Excusable homicide is when committed by accident, while doing a lawful act by lawful means and while exercising usual and ordinary caution, without unlawful intent.

    • B.

      Excusable homicide is also when committed by accident or misfortune, in the heat of passion.

    • C.

      Homicide is excusable when committed by police in retaking felons, making arrests, and when shooting “fleeing” felons, regardless of the felony.

    • D.

      Homicide is justifiable when defending ones home and family.

    Correct Answer
    C. Homicide is excusable when committed by police in retaking felons, making arrests, and when shooting “fleeing” felons, regardless of the felony.
    Explanation
    The given answer is incorrect because homicide is not excusable when committed by police in retaking felons, making arrests, and when shooting "fleeing" felons, regardless of the felony. This statement contradicts the principles of justifiable use of force by law enforcement. Homicide can only be considered justifiable if it meets certain criteria, such as being necessary to protect oneself or others from imminent danger.

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  • 12. 

    In the parking lot you notice a car in which there is a small infant in the back seat. You first noticed the car there at least an hour ago. You know it has been 100 degrees or higher today. The car is locked with the windows up. You call paramedics and the police. By the time they all get there, the parent wanders up and says, “Oh my god, I only left the baby for a minute!” What would the parent be guilty of if the baby died? (Aside from abuse or neglect laws)

    • A.

      First degree murder

    • B.

      Voluntary manslaughter

    • C.

      Involuntary manslaughter

    • D.

      Felony manslaughter

    Correct Answer
    C. Involuntary manslaughter
    Explanation
    The parent would be guilty of involuntary manslaughter if the baby died. Involuntary manslaughter is the unintentional killing of another person as a result of reckless or negligent behavior. In this scenario, leaving a small infant locked in a car on a hot day for an extended period of time without proper ventilation would be considered reckless and negligent, leading to the tragic death of the baby.

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  • 13. 

    All other types of murder, other than first-degree murder, are second-degree murder, because they lack these elements:

    • A.

      Bad thoughts.

    • B.

      Malice or evil intent.

    • C.

      Premeditation.

    • D.

      Actus Reus.

    • E.

      B & C

    Correct Answer
    D. Actus Reus.
    Explanation
    The correct answer is Actus Reus. Actus Reus refers to the physical act or conduct that constitutes a crime. In the context of murder, it refers to the intentional killing of another person. First-degree murder requires specific elements such as premeditation and malice, while all other types of murder, including second-degree murder, do not necessarily involve these elements. Therefore, Actus Reus is the distinguishing factor between first-degree and other types of murder.

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  • 14. 

    Sexual intercourse with animals is known as:

    • A.

      Buggery.

    • B.

      Rape.

    • C.

      Bestiality.

    • D.

      Incest.

    Correct Answer
    C. Bestiality.
    Explanation
    Bestiality refers to the act of engaging in sexual activities with animals. It is considered a form of animal abuse and is generally illegal in many countries. The term "buggery" refers to anal intercourse, while "rape" refers to non-consensual sexual activity. "Incest" refers to sexual activity between close relatives. Therefore, the correct answer is bestiality.

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  • 15. 

    All but one of the following is true of child molesting (PC 288). Select the incorrect answer.

    • A.

      Sex of the victim is immaterial.

    • B.

      Some physical touching must have occurred.

    • C.

      The suspect need not touch the child’s private parts.

    • D.

      It is necessary that suspect’s lust be aroused or gratified.

    Correct Answer
    D. It is necessary that suspect’s lust be aroused or gratified.
    Explanation
    The correct answer is "It is necessary that suspect’s lust be aroused or gratified." This statement is incorrect because under PC 288, it is not necessary for the suspect's lust to be aroused or gratified. The law focuses on the act of child molestation itself, rather than the motives or intentions of the suspect. As long as some physical touching has occurred, regardless of the sex of the victim or whether the suspect touched the child's private parts, it can be considered child molestation.

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  • 16. 

    If a person is convicted of sexual assaulting a child under the age of thirteen, they may be ordered to undergo:

    • A.

      Surgical castration.

    • B.

      Electroshock therapy.

    • C.

      Chemical castration.

    • D.

      Psychotherapy.

    Correct Answer
    C. Chemical castration.
    Explanation
    If a person is convicted of sexual assaulting a child under the age of thirteen, they may be ordered to undergo chemical castration. This involves the administration of drugs that reduce the person's sex drive and sexual activity. It is considered as a way to prevent further sexual offenses by reducing the offender's sexual urges and impulses. Surgical castration involves the removal of the testicles, while electroshock therapy and psychotherapy are not commonly used as methods of punishment or treatment for this specific crime.

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  • 17. 

    All but one of the following is a necessary element of felony child molesting. Select the one that is not an element of child molestation.

    • A.

      Child under 14

    • B.

      Suspect must touch the child’s private parts

    • C.

      Specific intent

    • D.

      Physically touching child

    Correct Answer
    B. Suspect must touch the child’s private parts
    Explanation
    CHILD MOLESTATION CONTINUED
    With regard to PC 288 (Lewd/Lascivious Acts Upon a Child Under 14), please remember:
     The sex of the child is immaterial (as long as they’re under the age of 14 years)
     The statute language “upon the body” indicates some physical touching is necessary
     The touching does NOT have to be of a child’s private parts

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