Fundamentals Of Criminal Law
Exam #1
- 1.Which part of the law will the class focus on?
- A.
Substantive criminal law
- B.
Procedural criminal law
- C.
Cases such as Miranda v. Arizona and Terry v. Ohio
- D.
Cases that focus on the legal definitions of the criminal law
- E.
A and D
- 2.What does it mean when it is said there are 53 penal codes throughout the country?
- A.
The federal government has its own laws
- B.
Each state has their own laws
- C.
The armed forces have their own criminal code
- D.
The District of Columbia has its own penal code
- E.
All of the above
- 3.A crime is
- A.
An act committed but not omitted (omitted behavior cannot be crime)
- B.
An act in violation of a public law, forbidding or commanding it
- C.
A social harm defined and made punishable
- D.
B and C
- E.
None of the above
- 4.Criminal Law
- A.
Does not vary from state to state
- B.
Does not vary within a state
- C.
Varies from state to state and within a state
- D.
None of the above
- E.
A and B
- 5.The primary attributes of a crime include
- A.
The plaintiff defines the illegal conduct
- B.
The government is the victim
- C.
The defendant prosecutes the case
- D.
The judgement is payable to the plaintiff in the form of money damages
- E.
All of the above
- 6.Under our system of republication form of government who makes the laws
- A.
The legislative branch of government
- B.
The prosecutor
- C.
The Woodlands Homeowners Association
- D.
The federal district attorney
- E.
The President of the United States
- 7.In order for the government to prosecute domestic violence cases
- A.
The crime victim must cooperate with the prosecutor and the police
- B.
The government continue to prosecute even with a reluctant or missing victim
- C.
The government must have an "in camera" trial (in the judge's chambers)
- D.
B and C
- E.
A and C
- 8.When the government secures a conviction of a criminal defendant
- A.
The convicted may be fined or incarcerated
- B.
The crime victim (the person victimized) usually gets part of the fine
- C.
The crime victim (the person victimized) usually gets part of the fine and gets restitution order by the judge
- D.
B and C
- E.
A and B
- 9.Early English Law:
- A.
Did not divide the law between civil and criminal law
- B.
Did divide the law between civil and criminal law
- C.
Made every matter before the law against the king or queen
- D.
A and C
- E.
B and C
- 10.What is the burden of proof in a civil case
- A.
51% certainty or beyond a reasonable doubt
- B.
95% certainty or preponderance of evidence
- C.
51% certainty or preponderance of evidence
- D.
75% certainty or clear and convincing evidence
- E.
40% certainty or some evidence
- 11.What are the remedies plaintiffs are looking for in a civil lawsuit
- A.
Monetary damages
- B.
Punitive damages
- C.
Injunctive relief
- D.
A , B, and C
- E.
A and B
- 12.The Common Law of England
- A.
Is where we get the basis of a lot of our laws today
- B.
Today, is binding legal precedent in every jurisdiction in the United States
- C.
Deals stare decisis, where the law is based on past cases decided
- D.
A and C
- E.
B and C
- 13.What country or countries influenced the historical development of Texas Law:
- A.
Canada
- B.
Mexico
- C.
Cuba
- D.
Spain
- E.
B and D
- 14.Texas
- A.
Abolished the common law in 1856
- B.
Made the common law the law of the state in 1865
- C.
Has used the common law as the law of the state since 1956
- D.
Never wrote its own penal code
- E.
Has always used the common law as the law of the state
- 15.Statutory enactment by the Texas Legislature has codified laws into the following:
- A.
Texas Penal Code Annotated - Crimes
- B.
Texas Transportation Code - Motor Vehicles
- C.
Texas Parks and Wildlife Code - Prescription drug laws and restaurant cleanliness laws for animals
- D.
A and B
- E.
B and C
- 16.With crimes of national interest, local law enforcement officials can be prosecuted in federal court under what statute
- A.
Title 18 United States Code, Section 1983
- B.
Title 1983 United States Code, Section 18
- C.
Title 18 United States Code, Section 242
- D.
Title 242 United States Code, Section 18
- E.
Title 42 United States Code, Section 1983
- 17.The FBI or any law enforcement agency can involve itself in a local crime if the crime impacts
- A.
The National Sovereignty Act
- B.
The Criminal Insurrection Act
- C.
The Interstate Commerce Clause
- D.
The Supremacy Clause
- E.
The National Bill of Rights Clause
- 18.Texas classifies crimes where the punishment is served
- A.
In a state prison for small amounts of jail time
- B.
In a state jail for non-violent crimes
- C.
In a local jail for monetary fines and serving small amounts of jail time
- D.
None of the above
- E.
B and C
- 19.Mala Prohibitum crimes
- A.
Are not evil or wrong in themselves
- B.
Are wrong because they are pronounced wrong in the Bible
- C.
Are naturally evil in themselves
- D.
Are crimes involving moral turpitude
- E.
A and D
- 20.General deterrence involves
- A.
Highway signs that say "mandatory DWI blood warrants-no refusal"
- B.
TV advertisements that say police will be out in force over the 4th of July weekend to enforce DWI laws
- C.
Articles in the local newspapers that report on police downs in "hot spots"
- D.
All of the above
- E.
None of the above
- 21.Rehabilitation is
- A.
One of the main goals of prison systems
- B.
Is generally thought to be a goal of the criminal law
- C.
Is a goal of judges and juries that sentence offenders to prison
- D.
None of the above
- E.
A and C
- 22.Incapacitation involves
- A.
Three strikes and you're out laws
- B.
The death penalty
- C.
Long prison sentences for serial murdered
- D.
"an eye for an eye, a tooth for a tooth"
- E.
A and C
- 23.The goals of the prison system in Texas
- A.
Are consistently clear in identifying their real goals
- B.
Are consistently clear in identifying their stated goals
- C.
Are consistently unclear in identifying their real and stated goals
- D.
A and B
- E.
None of the above
- 24.With respect to the Ex Post Facto Law
- A.
It violates the principle of retroactivity
- B.
It violates the principle of the supremacy clause
- C.
It is only legal in the state of Alaska because they were the last state to join the union
- D.
All of the above
- E.
None of the above
- 25.There are limits on the government's power to create criminal laws. Some examples include
- A.
A law will be struck down if it is too vague or what courts call "void for vagueness"
- B.
A law that punishes will be struck down if it is not proportionate to the crime (i.e., death penalty for stealing a pizza)
- C.
A law that does not give a fair warning that the act is a crime will be struck down (i.e, criticizing the President)
- D.
All of the above
- E.
B and C
Related Topics
Featured Quizzes
Back to top