This quiz covers the basics of Criminal Law, focusing on its varied components across different states and the legislative process involved in law-making.
The federal government has its own laws
Each state has their own laws
The armed forces have their own criminal code
The District of Columbia has its own penal code
All of the above
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An act committed but not omitted (omitted behavior cannot be crime)
An act in violation of a public law, forbidding or commanding it
A social harm defined and made punishable
B and C
None of the above
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Does not vary from state to state
Does not vary within a state
Varies from state to state and within a state
None of the above
A and B
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The plaintiff defines the illegal conduct
The government is the victim
The defendant prosecutes the case
The judgement is payable to the plaintiff in the form of money damages
All of the above
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The legislative branch of government
The prosecutor
The Woodlands Homeowners Association
The federal district attorney
The President of the United States
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The crime victim must cooperate with the prosecutor and the police
The government continue to prosecute even with a reluctant or missing victim
The government must have an "in camera" trial (in the judge's chambers)
B and C
A and C
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The convicted may be fined or incarcerated
The crime victim (the person victimized) usually gets part of the fine
The crime victim (the person victimized) usually gets part of the fine and gets restitution order by the judge
B and C
A and B
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Did not divide the law between civil and criminal law
Did divide the law between civil and criminal law
Made every matter before the law against the king or queen
A and C
B and C
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51% certainty or beyond a reasonable doubt
95% certainty or preponderance of evidence
51% certainty or preponderance of evidence
75% certainty or clear and convincing evidence
40% certainty or some evidence
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Monetary damages
Punitive damages
Injunctive relief
A , B, and C
A and B
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Is where we get the basis of a lot of our laws today
Today, is binding legal precedent in every jurisdiction in the United States
Deals stare decisis, where the law is based on past cases decided
A and C
B and C
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Canada
Mexico
Cuba
Spain
B and D
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Abolished the common law in 1856
Made the common law the law of the state in 1865
Has used the common law as the law of the state since 1956
Never wrote its own penal code
Has always used the common law as the law of the state
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Texas Penal Code Annotated - Crimes
Texas Transportation Code - Motor Vehicles
Texas Parks and Wildlife Code - Prescription drug laws and restaurant cleanliness laws for animals
A and B
B and C
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Title 18 United States Code, Section 1983
Title 1983 United States Code, Section 18
Title 18 United States Code, Section 242
Title 242 United States Code, Section 18
Title 42 United States Code, Section 1983
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The National Sovereignty Act
The Criminal Insurrection Act
The Interstate Commerce Clause
The Supremacy Clause
The National Bill of Rights Clause
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In a state prison for small amounts of jail time
In a state jail for non-violent crimes
In a local jail for monetary fines and serving small amounts of jail time
None of the above
B and C
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Are not evil or wrong in themselves
Are wrong because they are pronounced wrong in the Bible
Are naturally evil in themselves
Are crimes involving moral turpitude
A and D
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Highway signs that say "mandatory DWI blood warrants-no refusal"
TV advertisements that say police will be out in force over the 4th of July weekend to enforce DWI laws
Articles in the local newspapers that report on police downs in "hot spots"
All of the above
None of the above
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One of the main goals of prison systems
Is generally thought to be a goal of the criminal law
Is a goal of judges and juries that sentence offenders to prison
None of the above
A and C
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Three strikes and you're out laws
The death penalty
Long prison sentences for serial murdered
"an eye for an eye, a tooth for a tooth"
A and C
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Are consistently clear in identifying their real goals
Are consistently clear in identifying their stated goals
Are consistently unclear in identifying their real and stated goals
A and B
None of the above
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It violates the principle of retroactivity
It violates the principle of the supremacy clause
It is only legal in the state of Alaska because they were the last state to join the union
All of the above
None of the above
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A law will be struck down if it is too vague or what courts call "void for vagueness"
A law that punishes will be struck down if it is not proportionate to the crime (i.e., death penalty for stealing a pizza)
A law that does not give a fair warning that the act is a crime will be struck down (i.e, criticizing the President)
All of the above
B and C
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In the East, the territorial waters extend into the Gulf 10.35 leagues
In the North, the Oklahoma line is the North Bank of the Red River
In the West, the 200th meridian forms the boundary with New Mexico
In the South, the South bank of the Rio grande River is the boundary with Mexico
None of the above
Actus reus or conduct
Culpable mental state
Mens rea
All of the above
None of the above
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Can be criminalized
Cannot be criminalized
Include homeless people and fortune tellers
All of the above
B and C
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The offense must be voluntarily committed
Voluntariness refers to conduct not the result (i.e., drunken driver kills another)
You shoot Pain and the bullet ricochets and hits Peter
Voluntariness refers to one's own physical body movements
All of the above
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Voluntary acts
Possession
Omissions to act
All of the above
None of the above
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Be affirmative
Include voluntary body movements
Include "wishes"
A and B
B and C
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Includes entering a house for the purpose to commit a felony
Includes failure to pay child support
Includes holding a gun to someone's head during a robbery
A and B
B and C
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When you cause a car crash and do not help the hurt occupants of the other car
When you hit a school bus with your car, but don't help the students get off the burning bus because you are drunk
When a sex offender fails to register their address with local law enforcement
All of the above
None of the above
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At common law it was uncommon to criminalize possession of objects, except blasphemous and obscene objects in the American colonies
Today actual possession is criminal, but not constructive possession
Today constructive possession is criminal, but not actual possession
B and C
A and C
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Actual possession
Constructive possession
Direct care, custody, control, management over the item
A and C
A and B
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Can involve the offender
Can involve the victim
Only involved the accomplice
A and B
B and C
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False. Texas is the only state that has dropped it
True. Most states have dropped it
False. Most states have not dropped it
False. About 10 states have dropped it
True. But California is the only state West of Colorado that has dropped it
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Involved the location of the act
Is the most common attendant circumstance
Involves only Indian reservations since they are sovereign territory
B and C
A and B
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Involves the motive for the crime
Has nothing to do with the reason for the crime
Is an element of the crime
Is the key part of the mens rea
Is the key part of the actus reus
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Is the manner in which the crime was committed
Involved the reason or motive for the burglary
Involves the location of the homicide
A and B
B and C
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The intent or blameworthiness of committing a crime
The act of committing the crime
The object of the crime
The facts of the crime
The opposite of actus reus
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The offense must be voluntarily committed
Voluntariness refers to conduct not the result (i.e., drunken driver kills another)
Joe shoots at Paul and the bullet ricochets and hits Peter. Joe is liable
Voluntariness refers to one's own physical body movements
All of the above
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IQ below 65 diminishes the capacity for intent and negates mens rea
An act does not make someone a criminal unless their mind is guilty - Sir Edward Coke
A crime occurs only when one is criminally blameworthy
All of the above
None of the above
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Intentional
Criminal Negligence
Recklessness
Knowing
All of the above
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The actor purposely engages in the conduct
The actor possesses an identified purpose or goal in committing the act
The actor purposely engages in the conduct regardless of the goal
A and C
All of the above
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It refers to the nature of the actor's conduct
It refers to the result of the actor's conduct
It refers to the motive of the actor's conduct
A and B
B and C
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Refers to the perception of the conduct and the circumstances surrounding the conduct
Refers to the belief of the conduct and the nature of the conduct
Refers to the result of the conduct, the nature of the conduct, and the circumstances surrounding the conduct
Refers to harboring the conduct and the perception of the conduct
Refers to the belief of the conduct, the motive surrounding the conduct, and the nature of the conduct
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The actor does not know of the risks and his act is justified
The actor is aware of the risk and consciously disregard the risk
The actor engages in a deviation from the ordinary standard of care
The actor knows the risk and is negligent
C and D
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What the offender absolutely knew would happen
When the actor does not know of the risk
When the actor makes a substantial deviation from the ordinary standard of care
When the actor shows no causation between the injury and the proximate cause of the injury
When the actor makes the ordinary deviation from the ordinary standard of care
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