Fundamentals Of Criminal Law

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Fundamentals Of Criminal Law - Quiz

Exam #1


Questions and Answers
  • 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

    Correct Answer
    E. A and D
    Explanation
    The class will focus on substantive criminal law and cases that focus on the legal definitions of the criminal law. Substantive criminal law refers to the laws that define what conduct is considered criminal and the punishment for such conduct. Cases that focus on the legal definitions of the criminal law would involve analyzing and interpreting the language and scope of criminal statutes to determine the elements of a crime and how they apply in specific situations. Both of these areas are important for understanding the principles and application of criminal law.

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  • 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

    Correct Answer
    E. All of the above
    Explanation
    The correct answer is "All of the above." This means that when it is said there are 53 penal codes throughout the country, it means that the federal government has its own laws, each state has their own laws, the armed forces have their own criminal code, and the District of Columbia has its own penal code. In other words, there are multiple sets of laws and penal codes that exist at different levels of government within the country.

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  • 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

    Correct Answer
    D. B and C
    Explanation
    The correct answer is B and C because a crime is an act in violation of a public law, forbidding or commanding it, and it is also a social harm that is defined and made punishable. This means that a crime is not just any act that is committed, but it specifically refers to acts that go against established laws and cause harm to society, which are then legally punishable.

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  • 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

    Correct Answer
    C. Varies from state to state and within a state
    Explanation
    Criminal law varies from state to state and within a state because each jurisdiction has its own set of laws and regulations regarding criminal offenses. While there may be some similarities between states, there are also significant differences in terms of definitions of crimes, penalties, and procedures. Additionally, within a state, different counties or municipalities may have their own specific laws and regulations. Therefore, criminal law is not uniform and can vary both between states and within a state.

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  • 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

    Correct Answer
    B. The government is the victim
    Explanation
    The correct answer is "The government is the victim." In a crime, the government is generally considered the victim as it represents society as a whole and is responsible for prosecuting the case on behalf of the public. The government brings charges against the defendant and seeks justice for the illegal conduct. The judgement in a criminal case may result in penalties such as fines or imprisonment, but it does not typically involve monetary damages payable to the plaintiff.

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  • 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

    Correct Answer
    A. The legislative branch of government
    Explanation
    Under our system of republication form of government, the legislative branch of government makes the laws. This branch is responsible for creating, debating, and passing legislation that governs the country. The legislative branch is made up of elected representatives, such as members of Congress, who are responsible for representing the interests of the people and creating laws that reflect the needs and values of the population. The legislative branch plays a crucial role in the democratic process and ensures that laws are created in a fair and transparent manner.

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  • 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

    Correct Answer
    B. The government continue to prosecute even with a reluctant or missing victim
    Explanation
    The correct answer is that the government continues to prosecute even with a reluctant or missing victim. This means that even if the victim does not want to cooperate or is not available, the government can still proceed with the prosecution of domestic violence cases. This is important because domestic violence is a serious crime that should be addressed and punished, regardless of the victim's willingness or ability to participate in the legal process.

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  • 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

    Correct Answer
    A. The convicted may be fined or incarcerated
    Explanation
    When the government secures a conviction of a criminal defendant, the convicted individual may face either a fine or incarceration as a punishment for their crime. This means that they may be required to pay a certain amount of money as a penalty or serve a prison sentence. However, it is important to note that in addition to these consequences, the crime victim (the person who was victimized) may also receive part of the fine as compensation for the harm they suffered. Furthermore, the judge may issue a restitution order, which means that the convicted individual must also provide additional financial compensation to the crime victim. Therefore, both options B and C are correct, as the crime victim may receive part of the fine and a restitution order. Additionally, option A is also correct, as the convicted individual may be fined or incarcerated.

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  • 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

    Correct Answer
    D. A and C
    Explanation
    The early English law did not divide the law between civil and criminal law. Instead, it made every matter before the law against the king or queen. This means that all legal matters were considered to be offenses against the ruling monarch, regardless of whether they were civil or criminal in nature. Therefore, the correct answer is A and C.

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  • 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

    Correct Answer
    C. 51% certainty or preponderance of evidence
    Explanation
    In a civil case, the burden of proof refers to the obligation of the plaintiff to prove their case by a certain standard of evidence. The correct answer, 51% certainty or preponderance of evidence, means that the plaintiff must provide enough evidence to convince the judge or jury that it is more likely than not that their claims are true. This standard is less demanding than "beyond a reasonable doubt" which is used in criminal cases. In a civil case, the burden of proof is on the plaintiff to establish their case by a reasonable amount of evidence, tipping the scales slightly in their favor.

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  • 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

    Correct Answer
    D. A , B, and C
    Explanation
    Plaintiffs in a civil lawsuit are seeking various remedies to address their grievances. These remedies include monetary damages, which compensate the plaintiff for their losses; punitive damages, which are intended to punish the defendant for their wrongful actions; and injunctive relief, which seeks to prevent the defendant from continuing their harmful behavior. Therefore, the correct answer is A, B, and C.

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  • 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

    Correct Answer
    D. A and C
    Explanation
    The Common Law of England is where we get the basis of a lot of our laws today. This means that many of the legal principles and concepts that are still used in the United States today originated from the Common Law of England. Additionally, the Common Law system follows the principle of stare decisis, which means that the law is based on past cases that have been decided. This ensures consistency and predictability in the legal system. Therefore, both statements A and C are correct.

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  • 13. 

    What country or countries influenced the historical development of Texas Law:

    • A.

      Canada

    • B.

      Mexico

    • C.

      Cuba

    • D.

      Spain

    • E.

      B and D

    Correct Answer
    E. B and D
    Explanation
    The historical development of Texas Law was influenced by both Mexico and Spain. Mexico had a significant influence on Texas Law as Texas was a part of Mexico before it gained independence. The legal system and traditions of Mexico had a lasting impact on the development of Texas Law. Similarly, Spain also played a crucial role in shaping Texas Law as it was under Spanish rule before becoming a part of Mexico. The legal framework and principles introduced by Spain had a profound influence on the legal system of Texas.

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  • 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

    Correct Answer
    A. Abolished the common law in 1856
    Explanation
    In 1856, Texas abolished the common law, which means that they no longer recognized it as the law of the state. This suggests that they implemented a different legal system or set of laws to replace the common law.

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  • 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

    Correct Answer
    D. A and B
    Explanation
    The correct answer is A and B. This is because the Texas Penal Code Annotated deals with crimes, while the Texas Transportation Code pertains to motor vehicles. The Texas Parks and Wildlife Code, on the other hand, focuses on prescription drug laws and restaurant cleanliness laws for animals, which is not mentioned in the question. Therefore, the correct answer is A and B, as they are the only options that include the mentioned codes.

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  • 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

    Correct Answer
    C. Title 18 United States Code, Section 242
    Explanation
    Title 18 United States Code, Section 242 is the correct answer because it specifically addresses the prosecution of local law enforcement officials in federal court for crimes of national interest. This statute outlines the offense of deprivation of rights under color of law, which occurs when a person acting under the authority of law willfully violates the constitutional rights of another person. This includes acts such as excessive force, false arrest, and other abuses of power by law enforcement officials. Prosecuting these cases in federal court ensures that justice is served and allows for accountability at a national level.

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  • 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

    Correct Answer
    C. The Interstate Commerce Clause
    Explanation
    The Interstate Commerce Clause allows the FBI or any law enforcement agency to involve itself in a local crime if the crime impacts interstate commerce. This clause gives the federal government the authority to regulate economic activities that cross state lines. If a local crime has an effect on interstate commerce, such as affecting businesses or transportation across state borders, the FBI can intervene to protect and enforce federal laws related to interstate commerce.

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  • 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

    Correct Answer
    E. B and C
    Explanation
    The correct answer is B and C. Texas classifies crimes where the punishment is served in a state jail for non-violent crimes and in a local jail for monetary fines and serving small amounts of jail time.

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  • 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

    Correct Answer
    E. A and D
    Explanation
    The correct answer is A and D. Mala Prohibitum crimes are not evil or wrong in themselves and are also crimes involving moral turpitude. This means that these crimes are not inherently immoral or evil, but they are considered wrong because they are prohibited by law. Additionally, they involve a degree of moral depravity or wickedness, which further justifies their classification as crimes.

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  • 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

    Correct Answer
    D. All of the above
    Explanation
    General deterrence involves various methods to discourage individuals from engaging in criminal behavior. The given options illustrate different ways of implementing general deterrence. The highway signs stating "mandatory DWI blood warrants-no refusal" serve as a warning to potential offenders that there will be serious consequences for driving under the influence. TV advertisements announcing increased police presence during the 4th of July weekend to enforce DWI laws aim to deter individuals from drinking and driving. Articles in local newspapers reporting on police crackdowns in "hot spots" create awareness and send a message that law enforcement is actively targeting certain areas. Therefore, all of the above options contribute to general deterrence.

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  • 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

    Correct Answer
    E. A and C
    Explanation
    The correct answer is A and C. Rehabilitation is one of the main goals of prison systems because it aims to reform and reintegrate offenders back into society. It is also a goal of judges and juries that sentence offenders to prison, as they hope that the punishment will lead to rehabilitation and prevent future criminal behavior.

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  • 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

    Correct Answer
    E. A and C
    Explanation
    The correct answer is A and C because incapacitation refers to the practice of removing dangerous individuals from society in order to prevent them from causing further harm. "Three strikes and you're out laws" and "long prison sentences for serial murderers" are both examples of incapacitation measures. On the other hand, the death penalty and the concept of "an eye for an eye, a tooth for a tooth" are not directly related to incapacitation.

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  • 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

    Correct Answer
    C. Are consistently unclear in identifying their real and stated goals
    Explanation
    The correct answer is "are consistently unclear in identifying their real and stated goals". This means that the goals of the prison system in Texas are not clearly defined or communicated, making it difficult to determine what their true objectives are.

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  • 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

    Correct Answer
    A. It violates the principle of retroactivity
    Explanation
    Ex post facto laws are laws that retroactively change the legal consequences of actions that were committed before the enactment of the law. These laws are considered unfair and unjust because they punish individuals for actions that were legal at the time they were committed. Violating the principle of retroactivity means that the law is being applied retroactively, which goes against the fundamental principle of fairness and justice. Therefore, the given answer is correct as it accurately states that ex post facto laws violate the principle of retroactivity.

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  • 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

    Correct Answer
    D. All of the above
    Explanation
    The correct answer is "all of the above." This means that all of the examples given (a law being struck down for being too vague, a law being struck down for being disproportionate to the crime, and a law being struck down for not providing fair warning) are valid limits on the government's power to create criminal laws. These examples demonstrate that there are certain criteria that laws must meet in order to be considered valid and enforceable.

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  • 26. 

    Texas Criminal Jurisdiction includes, land, water, and airspace. For example,

    • A.

      In the East, the territorial waters extend into the Gulf 10.35 leagues

    • B.

      In the North, the Oklahoma line is the North Bank of the Red River

    • C.

      In the West, the 200th meridian forms the boundary with New Mexico

    • D.

      In the South, the South bank of the Rio grande River is the boundary with Mexico

    • E.

      None of the above

    Correct Answer
    E. None of the above
  • 27. 

    Elements of a crime include

    • A.

      Actus reus or conduct

    • B.

      Culpable mental state

    • C.

      Mens rea

    • D.

      All of the above

    • E.

      None of the above

    Correct Answer
    D. All of the above
    Explanation
    The elements of a crime include actus reus or conduct, which refers to the physical act or behavior that constitutes the crime. Culpable mental state, also known as mens rea, involves the intention or knowledge of wrongdoing by the perpetrator. Both actus reus and mens rea are essential components that must be proven to establish criminal liability. Therefore, the correct answer is "all of the above."

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  • 28. 

    Status Offenses

    • A.

      Can be criminalized

    • B.

      Cannot be criminalized

    • C.

      Include homeless people and fortune tellers

    • D.

      All of the above

    • E.

      B and C

    Correct Answer
    E. B and C
    Explanation
    Status offenses refer to behaviors that are only considered offenses because of the individual's age or legal status, such as truancy or running away from home. These offenses are typically dealt with outside of the criminal justice system and are instead addressed through social services or family court. However, some jurisdictions may choose to criminalize status offenses, treating them as criminal offenses. Therefore, options B and C, which state that status offenses can be criminalized and include homeless people and fortune tellers, are both correct.

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  • 29. 

    With actus reus

    • A.

      The offense must be voluntarily committed

    • B.

      Voluntariness refers to conduct not the result (i.e., drunken driver kills another)

    • C.

      You shoot Pain and the bullet ricochets and hits Peter

    • D.

      Voluntariness refers to one's own physical body movements

    • E.

      All of the above

    Correct Answer
    E. All of the above
    Explanation
    The correct answer is "all of the above." This means that all of the statements mentioned in the options are true explanations for the concept of voluntariness in relation to actus reus. The offense must be voluntarily committed, meaning that the individual must have intended to engage in the conduct that led to the offense. Voluntariness refers to the conduct itself, not the result, so even if the outcome was unintended (such as a drunken driver accidentally killing someone), the actus reus can still be present. Additionally, voluntariness refers to one's own physical body movements, so even if the action indirectly causes harm to someone else (like shooting at Pain but hitting Peter due to a ricochet), it can still be considered voluntary.

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  • 30. 

    What form of conduct does it take to form the actus reus in Texas?

    • A.

      Voluntary acts

    • B.

      Possession

    • C.

      Omissions to act

    • D.

      All of the above

    • E.

      None of the above

    Correct Answer
    D. All of the above
    Explanation
    The actus reus in Texas can be formed through voluntary acts, possession, and omissions to act. This means that any intentional action, having control over something illegal, or failure to act when there is a legal duty can all contribute to the actus reus. Therefore, all of the options provided - voluntary acts, possession, and omissions to act - can form the actus reus in Texas.

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  • 31. 

    Acts may

    • A.

      Be affirmative

    • B.

      Include voluntary body movements

    • C.

      Include "wishes"

    • D.

      A and B

    • E.

      B and C

    Correct Answer
    D. A and B
    Explanation
    The correct answer is A and B. Acts may be affirmative, meaning they involve deliberate actions or expressions. They can also include voluntary body movements, which are actions performed consciously by an individual. Therefore, both options A and B are correct as they describe different aspects of acts. Option C, which mentions "wishes," is not included in the correct answer as wishes are not considered acts since they do not involve physical actions or movements.

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  • 32. 

    Omissions to Act:

    • A.

      Includes entering a house for the purpose to commit a felony

    • B.

      Includes failure to pay child support

    • C.

      Includes holding a gun to someone's head during a robbery

    • D.

      A and B

    • E.

      B and C

    Correct Answer
    B. Includes failure to pay child support
    Explanation
    The correct answer is "includes failure to pay child support". This is because omissions to act refer to situations where a person fails to fulfill a legal duty or obligation. Failure to pay child support is a clear example of a legal obligation that, if not fulfilled, can result in legal consequences. The other options mentioned, entering a house for the purpose to commit a felony and holding a gun to someone's head during a robbery, are not examples of omissions to act but rather active criminal behaviors.

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  • 33. 

    You have committed the act for actus reus purposes:

    • A.

      When you cause a car crash and do not help the hurt occupants of the other car

    • B.

      When you hit a school bus with your car, but don't help the students get off the burning bus because you are drunk

    • C.

      When a sex offender fails to register their address with local law enforcement

    • D.

      All of the above

    • E.

      None of the above

    Correct Answer
    D. All of the above
    Explanation
    All of the given scenarios involve committing an act that fulfills the actus reus requirement of a crime. In the first scenario, not helping the hurt occupants of the other car after causing a car crash can be considered a failure to fulfill a legal duty to act. In the second scenario, hitting a school bus and not helping the students get off the burning bus because of being drunk can be seen as a reckless disregard for the safety of others. In the third scenario, failing to register their address as a sex offender with local law enforcement is a violation of a legal requirement. Therefore, all of the given scenarios involve committing an act for actus reus purposes.

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  • 34. 

    Possession includes the following:

    • A.

      At common law it was uncommon to criminalize possession of objects, except blasphemous and obscene objects in the American colonies

    • B.

      Today actual possession is criminal, but not constructive possession

    • C.

      Today constructive possession is criminal, but not actual possession

    • D.

      B and C

    • E.

      A and C

    Correct Answer
    A. At common law it was uncommon to criminalize possession of objects, except blasphemous and obscene objects in the American colonies
    Explanation
    The correct answer is B and C. This is because according to the information provided, at common law it was uncommon to criminalize possession of objects, except for blasphemous and obscene objects in the American colonies. Today, actual possession is criminalized, but not constructive possession. Similarly, today constructive possession is criminalized, but not actual possession. Therefore, both B (actual possession) and C (constructive possession) are correct based on the given information.

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  • 35. 

    When the individual has possession over the following object it is called (i.e., locks a purse full of marijuana in her trunk while in class)

    • A.

      Actual possession

    • B.

      Constructive possession

    • C.

      Direct care, custody, control, management over the item

    • D.

      A and C

    • E.

      A and B

    Correct Answer
    B. Constructive possession
    Explanation
    Constructive possession refers to the legal concept where an individual has control or dominion over an object, even if it is not physically in their immediate possession. In this scenario, the individual may not have the marijuana physically on their person, but by locking it in their trunk, they still have control and the ability to access it. This demonstrates constructive possession as they have the intent and ability to exercise control over the item. Therefore, the correct answer is constructive possession.

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  • 36. 

    Who

    • A.

      Can involve the offender

    • B.

      Can involve the victim

    • C.

      Only involved the accomplice

    • D.

      A and B

    • E.

      B and C

    Correct Answer
    D. A and B
    Explanation
    The correct answer is A and B because both the offender and the victim can be involved in a crime. The offender is the person who commits the crime, while the victim is the person who is harmed or affected by the crime. Therefore, both the offender and the victim can be involved in a criminal incident. The accomplice, on the other hand, is someone who assists the offender in committing the crime but may not necessarily be directly involved in the crime itself.

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  • 37. 

    True or False. Most states dropped the common law element that burglary must be committed at night

    • A.

      False. Texas is the only state that has dropped it

    • B.

      True. Most states have dropped it

    • C.

      False. Most states have not dropped it

    • D.

      False. About 10 states have dropped it

    • E.

      True. But California is the only state West of Colorado that has dropped it

    Correct Answer
    B. True. Most states have dropped it
    Explanation
    Most states have dropped the common law element that burglary must be committed at night. This means that in the majority of states, burglary can be committed during any time of the day, not just at night.

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  • 38. 

    Where

    • A.

      Involved the location of the act

    • B.

      Is the most common attendant circumstance

    • C.

      Involves only Indian reservations since they are sovereign territory

    • D.

      B and C

    • E.

      A and B

    Correct Answer
    E. A and B
    Explanation
    The correct answer is A and B. The question is asking about the most common attendant circumstance where the location of the act is involved. The explanation suggests that this circumstance involves both Indian reservations since they are sovereign territory, as well as other locations. Therefore, options A and B are the correct choices.

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  • 39. 

    Why

    • A.

      Involves the motive for the crime

    • B.

      Has nothing to do with the reason for the crime

    • C.

      Is an element of the crime

    • D.

      Is the key part of the mens rea

    • E.

      Is the key part of the actus reus

    Correct Answer
    A. Involves the motive for the crime
    Explanation
    The answer "involves the motive for the crime" is correct because motive refers to the reason or intention behind committing a crime. It is the underlying factor that drives a person to engage in criminal behavior. While motive is not a necessary element to prove a crime, it can provide important context and help establish the defendant's state of mind. Motive is different from the reason for the crime, which may be more specific and immediate, while motive is a broader concept that encompasses the overall purpose or goal behind the criminal act.

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  • 40. 

    How

    • A.

      Is the manner in which the crime was committed

    • B.

      Involved the reason or motive for the burglary

    • C.

      Involves the location of the homicide

    • D.

      A and B

    • E.

      B and C

    Correct Answer
    A. Is the manner in which the crime was committed
    Explanation
    The correct answer is A and B. The manner in which the crime was committed can provide clues about the reason or motive for the burglary. Additionally, the manner in which the crime was committed can also be influenced by the location of the homicide. Therefore, both the reason/motive and location can be involved in determining the manner in which the crime was committed.

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  • 41. 

    What is meant by mens rea?

    • A.

      The intent or blameworthiness of committing a crime

    • B.

      The act of committing the crime

    • C.

      The object of the crime

    • D.

      The facts of the crime

    • E.

      The opposite of actus reus

    Correct Answer
    A. The intent or blameworthiness of committing a crime
    Explanation
    Mens rea refers to the mental state or intention behind committing a crime. It focuses on the culpability or blameworthiness of the individual rather than the physical act itself. It involves understanding the state of mind of the person at the time the crime was committed, including their knowledge, intention, recklessness, or negligence. Mens rea is an essential element in determining criminal liability as it helps establish the guilty intent of the offender.

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  • 42. 

    What is the meant with actus reus?

    • A.

      The offense must be voluntarily committed

    • B.

      Voluntariness refers to conduct not the result (i.e., drunken driver kills another)

    • C.

      Joe shoots at Paul and the bullet ricochets and hits Peter. Joe is liable

    • D.

      Voluntariness refers to one's own physical body movements

    • E.

      All of the above

    Correct Answer
    E. All of the above
    Explanation
    The correct answer is "all of the above". Actus reus refers to the physical act or conduct that constitutes a crime. It includes both voluntary and involuntary actions, as well as the consequences or results of those actions. This means that the offense must be voluntarily committed, but voluntariness refers to the conduct itself rather than the specific result. In the given example, Joe shoots at Paul, but the bullet ricochets and hits Peter. Joe is still liable for his actions, even though the result was unintentional. Actus reus also encompasses one's own physical body movements, meaning that the individual is responsible for their own actions regardless of the outcome.

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  • 43. 

    Mens Rea encompasses the following

    • A.

      IQ below 65 diminishes the capacity for intent and negates mens rea

    • B.

      An act does not make someone a criminal unless their mind is guilty - Sir Edward Coke

    • C.

      A crime occurs only when one is criminally blameworthy

    • D.

      All of the above

    • E.

      None of the above

    Correct Answer
    D. All of the above
    Explanation
    Mens Rea is a legal concept that refers to the mental state or intention of a person when committing a crime. The given statements support the idea of Mens Rea. The first statement suggests that a low IQ can diminish the capacity for intent, indicating that Mens Rea requires a certain level of mental ability. The second statement by Sir Edward Coke highlights that a person's mind must be guilty for an act to be considered criminal, further emphasizing the importance of Mens Rea. The third statement states that a crime only occurs when someone is criminally blameworthy, which aligns with the idea that Mens Rea is necessary for criminal liability. Therefore, all of the given statements encompass the concept of Mens Rea.

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  • 44. 

    What are the levels of mens rea in the Texas Penal Code?

    • A.

      Intentional

    • B.

      Criminal Negligence

    • C.

      Recklessness

    • D.

      Knowing

    • E.

      All of the above

    Correct Answer
    E. All of the above
    Explanation
    The Texas Penal Code recognizes four levels of mens rea: intentional, criminal negligence, recklessness, and knowing. This means that a person can be held accountable for a crime if they acted with any of these mental states. "Intentional" refers to a deliberate and purposeful action, "criminal negligence" involves a disregard for the safety of others, "recklessness" refers to conscious disregard of a substantial and unjustifiable risk, and "knowing" means being aware that one's conduct is practically certain to cause a particular result. Therefore, the correct answer is "All of the above."

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  • 45. 

    With general intent as opposed to specific intent

    • A.

      The actor purposely engages in the conduct

    • B.

      The actor possesses an identified purpose or goal in committing the act

    • C.

      The actor purposely engages in the conduct regardless of the goal

    • D.

      A and C

    • E.

      All of the above

    Correct Answer
    D. A and C
    Explanation
    The correct answer is A and C. This is because "with general intent" refers to the actor purposely engaging in the conduct regardless of the goal, while "the actor purposely engages in the conduct" implies that the actor possesses an identified purpose or goal in committing the act. Therefore, both A and C are correct as they both describe intentional actions without a specific intent.

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  • 46. 

    With intentional behavior

    • A.

      It refers to the nature of the actor's conduct

    • B.

      It refers to the result of the actor's conduct

    • C.

      It refers to the motive of the actor's conduct

    • D.

      A and B

    • E.

      B and C

    Correct Answer
    D. A and B
    Explanation
    The correct answer is A and B. With intentional behavior, it refers to both the nature and the result of the actor's conduct. Intentional behavior implies that the actor deliberately chooses their actions and is aware of the potential consequences. The nature of the conduct refers to the specific actions taken, while the result refers to the outcome or impact of those actions. Therefore, intentional behavior encompasses both aspects.

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  • 47. 

    The knowing element of mens rea in Texas

    • A.

      Refers to the perception of the conduct and the circumstances surrounding the conduct

    • B.

      Refers to the belief of the conduct and the nature of the conduct

    • C.

      Refers to the result of the conduct, the nature of the conduct, and the circumstances surrounding the conduct

    • D.

      Refers to harboring the conduct and the perception of the conduct

    • E.

      Refers to the belief of the conduct, the motive surrounding the conduct, and the nature of the conduct

    Correct Answer
    C. Refers to the result of the conduct, the nature of the conduct, and the circumstances surrounding the conduct
    Explanation
    The knowing element of mens rea in Texas refers to the result of the conduct, the nature of the conduct, and the circumstances surrounding the conduct. This means that in order to establish mens rea, the person must have knowledge of the outcome of their actions, the characteristics of their actions, and the context in which their actions took place. This understanding is important in determining the level of culpability and intent in criminal cases.

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  • 48. 

    With recklessness

    • A.

      The actor does not know of the risks and his act is justified

    • B.

      The actor is aware of the risk and consciously disregard the risk

    • C.

      The actor engages in a deviation from the ordinary standard of care

    • D.

      The actor knows the risk and is negligent

    • E.

      C and D

    Correct Answer
    B. The actor is aware of the risk and consciously disregard the risk
    Explanation
    The correct answer is that the actor is aware of the risk and consciously disregards the risk. This means that the actor knows about the potential dangers involved in their actions but chooses to ignore them and proceed anyway. This implies a deliberate and intentional disregard for the potential consequences, showing a high level of recklessness.

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  • 49. 

    The criminal negligence element of mens rea in Texas refers to

    • A.

      What the offender absolutely knew would happen

    • B.

      When the actor does not know of the risk

    • C.

      When the actor makes a substantial deviation from the ordinary standard of care

    • D.

      When the actor shows no causation between the injury and the proximate cause of the injury

    • E.

      When the actor makes the ordinary deviation from the ordinary standard of care

    Correct Answer
    C. When the actor makes a substantial deviation from the ordinary standard of care
    Explanation
    The correct answer is when the actor makes a substantial deviation from the ordinary standard of care. This refers to a situation where the offender's actions deviate significantly from what a reasonable person would do in the same circumstances. It implies that the actor's behavior was so careless or reckless that it goes beyond mere negligence and demonstrates a disregard for the safety and well-being of others. This element of mens rea is used to establish criminal liability in cases where the offender's actions show a clear departure from the expected standard of care.

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  • 50. 

    With Strict Liability Offenses

    • A.

      Mens rea requirement is written into the statute because the behavior is dangerous

    • B.

      The behavior is a crime regardless of the mens rea

    • C.

      An example would be speeding in your car

    • D.

      All of the above

    • E.

      A and B

    Correct Answer
    D. All of the above
    Explanation
    Strict liability offenses are crimes where the mens rea (mental state) requirement is not necessary for conviction. In these cases, the behavior itself is considered dangerous or harmful, so it is considered a crime regardless of the intent or knowledge of the person committing it. An example of a strict liability offense is speeding in your car, where you can be convicted even if you did not intend to break the law. Therefore, the correct answer is "all of the above" because all the statements listed are true explanations of strict liability offenses.

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Quiz Review Timeline +

Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.

  • Current Version
  • Mar 20, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Feb 19, 2019
    Quiz Created by
    Leslie Gomez
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