LEG 320 Week 2 Quiz

7/21/2019 LEG 320 Week 2 Quiz

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LEG 320 Week 2 Quiz – Strayer

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1. As compared to the power of the states to enact criminal laws,a. the federal government has identical authority

b. the federal government has no authorityc. the federal government has more authority

d. the federal government has less authority

2. In U.S. v. Lopez , the U.S. Supreme Court held that the federal law controllingguns in public schools was

a. a valid eercise of Congressional power to regulate commerce b. beyond the power of Congressc. a violation of due processd. a valid eercise of Congressional power to regulate public schools

!. Under what system do the states have the primary responsibility ofmaintaining public order and safety within each state"

a. the American system of federalism b. the American system of dualismc. the American system of constitutionalismd. the American system of commercialism

#. $hat gives the federal government power to regulate actions by use ofcriminal laws only if the actions involve or affect interstate commerce"

a. %he Commerce Clause b. International conventionsc. %he federal domaind. United States %reaties

&. $hich of the following is not part of the federal domain"a. all of these are part of the federal domain

b. 'uerto (icoc. sea approaches to the United States

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7/21/2019 LEG 320 Week 2 Quiz


d. air approaches to the United States

). $hat law permits federal agencies to assist in locating state fugitives who may

have fled from one state to another"a. Unlawful *light Statute

b. *ederal +idnappingc. Interstate %ransportation of Stolen otor -ehiclesd. Uttering of U.S. %reasury Checs

/. $hat term means to surrender an accused criminal under the provisions of atreaty or statute by one authority to another having 0urisdiction"

a. etradition

b. 0urisdictionc. posse comitatusd. martial law

. $hat is the name of an agreement between nations on a specific sub0ect, suchas piracy at sea"

a. United ations Convention b. United ations Contractc. United ations Coerciond. United ations Comitatus

3. $here does the International Criminal Court sit"a. %he 4ague

b. %he United ationsc. $ashington 5Cd. (ome

16. %he process by which a person who has fled is forcibly brought bac to the 0urisdiction of the court is called

a. transportation b. etraditionc. mandatory venued. compulsive 0urisdiction

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11. According to the %oyo Convention Act of 13)/, any nation may try personsfor what crime even if no acts are committed within that country7s boundary orterritorial waters"

a. terrorism b. murder

c. treasond. piracy

12. In 13!, the United States claimed sovereignty over waters etending howmany nautical miles from the United States and its possessions"

a. &6 nautical miles b. 166 nautical milesc. 266 nautical milesd. #66 nautical miles

1!. International criminal law is also nown as offenses against thea. world

b. planetc. law of nationsd. United ations

1#. %he International Criminal Court at %he 4ague has the power to prosecute people accused of

a. murder b. all violent crimesc. offenses which occur in international watersd. war crimes

1&. $hich of the following is one of the crimes the federal ann Act addresses"

a. etortion b. interstate prostitutionc. idnappingd. possession of stolen property

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1). $hat is the name of the federal act that incorporates the state criminal law ofthe state surrounding the federal enclave as the law of the enclave if there is norelevant federal statute"

a. Incorporated Crimes Act b. Included Crimes Act

c. Assimilative Crimes Actd. Autonomous Crimes Act

1/. ilitary installations and other federally owned and controlled lands withinthe boundaries of a state are called federal

a. islands b. territoriesc. protectoratesd. enclaves

1. *inal authority on the scope of Indian tribal 0urisdiction is held bya. each individual tribe

b. the American Congress of Indian %ribesc. Congressd. the 'resident

13. 4ow many Indian tribes does the U.S. currently recogni8e with someattributes of sovereignty"

a. 126 b. 26c. !16d. #63

26. $hat is the name of 0urisdiction of the United States over actions within

territorial waters of the U.S., on U.S. ships, or stateless vessels on the highseas"a. aritime 0urisdiction

b. -essel 0urisdictionc. 4igh Seas 0urisdictiond. 9ceanic 0urisdiction

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21. International conventions and treaties between nations can confer power towhat entity to mae criminal laws"

a. the *ederal :overnment b. Indian %ribal Courtsc. ilitary Courts

d. individual states within the United States

22. ;ecause the states have the primary responsibility to maintain public order andsecurity in their state, they have what ind of authority to create criminal lawunder the police power of each state"

a. broad b. narrowc. ultimated. unlimited

2!. Indian tribes are generally dependent upon the federala. ;ureau of Indian Affairs

b. Indian <ands Commissionc. ative American ;ureaud. Sovereignty Commission

2#. 'ersons in U.S. military service are sub0ect to military 0urisdiction and theUniforma. ilitary Criminal code

b. 'enal Codec. Code of ilitary =usticed. ilitary 'enal <aw

2&. Should a member of the U.S. military commit a crime off>base, 0urisdiction

will be witha. the state b. U.S. 5istrict Courtc. military courtd. United ations

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2). If a member of the U.S. military serving in another country commits anoffense while off duty and off base, 0urisdiction will bea. only in that country

b. only in military courtc. only in the Supreme Court

d. with either the military or that country

2/. $hat federal act forbids the use of federal military forces to enforce civilianlaws unless there is other constitutional or congressional authori8ation"

a. artial <aw b. ilitary <awc. 'osse Comitatusd. artial =urisdiction

2. %he U.S. Supreme Court stated that the term ?martial law@a. has no precise meaning

b. is clearly defined in common lawc. is clearly defined by the militaryd. is clearly defined by the 'resident

23. 'eople who commit crimes on federal enclaves can be tried beforea. the state court

b. a federal courtc. tribal courtd. the Supreme Court

!6. %he federal government does not have inherent police power to create criminallaw and is limited to the powers granted to the federal government in the

a. U.S. Constitution

b. :reat $ritc. 5eclaration of Independenced. U.S. Supreme Court :uidelines

7/21/2019 LEG 320 Week 2 Quiz


,-/E%4ALSE

1. Under the American system of federalism, the congress has the primaryresponsibility of maintaining public order and safety within each state.

2. %he Unlawful *light Statute permits federal agencies to assist in locating statefugitives who may have fled from one state to another.

!. *ederal enclaves are federally owned and controlled lands.

#. %he *ederal :overnment owns and controls up to 1! of all of the land in theUnited States in the form of territories and federal enclaves.

&. Under international law, more than one country could have 0urisdiction overthe same crime.

). %he International Criminal Court is the world7s first permanent war crimescourt.

/. %he federal government has no 0urisdiction over offenses involving interstatecommerce.

. %ribal courts have no power to eercise criminal 0urisdiction over Indians whoare not members of that tribe.

3. ilitary courts have 0urisdiction over members of the Armed *orces whocommit crimes while off>base and off>duty.

16. Americans who commit crimes in foreign countries are sub0ect to prosecution before U.S. or military courts, but not foreign courts.

#1>#2

C"PLE,

1. %he government may pass laws only in situations authori8ed by theConstitution.

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2. Americans who commit crimes in countries are sub0ect to prosecution before foreign courts, whether they are military personnel ortourists.

!. *ederal enclaves are federally owned and controlled .

#. %he procedure by which a person who has fled to avoid criminal prosecutionis brought bac to the 0urisdiction is called BBBBBBBBBBB.

&. ;ecause of the statutes giving many nations 0urisdictions over crimes,situations could eist in which a number of nations have BBBBBBBBB

0urisdiction.

). %he United States claims 0urisdiction etending BBBBBBBBBB nautical miles beyond its shores.

/. $hen the crew of a ship or aircraft sei8es control against lawful authority, thisis the offense of BBBBBBBBBB.

. Crimes committed in places beyond the of any state may be prosecuted on the federal level.

3. 'ersons in U.S. military service become sub0ect to the Uniform Code ofilitary BBBBBBBBBBBBBB.

7/21/2019 LEG 320 Week 2 Quiz


16. Indian courts have 0urisdiction for crimes punished for notmore than one>year imprisonment andor a &,666 fine D2& U.S.C. E 1!62 D/FF.

C+AP,E- 3

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1. %he <atin term actus reus meansa. strict liability

b. guilty act

c. guilty mindd. elements of a crime

2. %he <atin term mens rea refers toa. strict liability

b. guilty actc. guilty mindd. elements of a crime

!. According to the odel 'enal Code, a person who consciously disregards asubstantial and un0ustifiable ris that the material element eists or will resultfrom his conduct, acts

a. purposely b. nowinglyc. reclesslyd. negligently

#. According to the odel 'enal Code, how is a person acting, with respect to amaterial element of an offense, when he should be aware of a substantial andun0ustifiable ris that the material element eists or will result from hisconduct"

a. purposely b. nowinglyc. reclesslyd. negligently

&. %hining of committing a crime without performing a criminal act is

7/21/2019 LEG 320 Week 2 Quiz


a. never a crime b. a crime in many statesc. a strict liability crimed. difficult to prove beyond a reasonable doubt

). ost crimes reGuire the concurrence of which of the following"a. act and proimate cause

b. guilty act and guilty mindc. guilty mind and causationd. act and omission

/. %o obtain a conviction, the prosecution has the burden of proving everyelement of the crime

a. by a preponderance of the evidence b. by clear and convincing evidencec. beyond a reasonable doubtd. beyond a shadow of a doubt

. $hich of the following terms refers to an individual7s mental state"a. mens rea

b. actus reusc. scienter d. proimate cause

3. %o find a defendant guilty of the crime of receiving stolen property, moststatesa. do not reGuire scienter

b. reGuire proof the defendant new the property was stolen

c. reGuire proof the defendant committed the theftd. reGuire proof the defendant had a motive

16. In criminal law, motive refers toa. criminal intent

b. the defendant7s mental state while committing the crimec. the reason the defendant committed the crimed. a necessary element of every crime

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11. In a criminal trial, motivea. is always relevant evidence

b. alone, is sufficient evidence for a convictionc. is reGuired for convictiond. is the same as criminal intent

12. A strict liability offense is one withouta. motive

b. proimate causec. criminal intentd. a guilty act

1!. Strict liability statutesa. generally provide for harsh penalties

b. do not reGuire the prosecutor to prove criminal intentc. reGuire a particular state of mind at the time of the actd. are considered true crimes

1#. $hich of the following areas include strict liability crimes"a. traffic violations

b. narcotics lawsc. public health lawsd. all of these include strict liability crimes

1&. In many states, when the age of a minor is an essential element of a crime, asin contributing to the delinGuency of a child, the law

a. reGuires the defendant to testify

b. allows defendants to use the victim7s consent as a defensec. contains a scienter elementd. does not allow mistae as to the age of the minor to be used as a

defense

1). *or crimes in which a harm has occurred, the state must provea. the harm to the victim occurred immediately

b. the defendant7s act was the ordinary and proimate cause of the harmc. both that harm to the victim occurred immediately, and that the defendant7s act was

the ordinary and proimate cause of the harmd. neither that harm to the victim occurred immediately, nor that the defendant7s act

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was the ordinary and proimate cause of the harm

1/. $hile the classification system suggested by the odel 'enal Codedistinguishes between each level of mental state, the distinction

a. always maes a difference b. does not always mae a differencec. is never importantd. is always important

1. %he year>and>a>day murder rulea. reGuires the victim die within a year and a day

b. has been abolished or amended in many statesc. reGuires the victim die within a year and a day, and has been abolished or amended

in many statesd. does not reGuire the victim die within a year and a day, and has not been abolished

or amended in many states

13. %he offense of carrying an unauthori8ed concealed weapon reGuires a showingof a. actual possession

b. constructive possessionc. either actual or constructive possessiond. ownership of the weapon by the defendant

26. %he mental element reGuired in possession offenses is generally that of a. intent or nowledge

b. reclessnessc. negligenced. no mental element is reGuired

21. %he intent necessary for one or more elements of an offense isHa. specific intent

b. global intentc. mental intentd. nowledgeable intent

&

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22. %he mental purpose or design to commit a specific act is calledHa. intent

b. motivec. reclessnessd. negligence

2!. %he cause, inducement, or reason why an act is committed is calledHa. intent

b. motivec. reclessnessd. negligence

2#. Conclusive presumptions can be unconstitutional under the 5ue 'rocessClause because the presumption allows the prosecution to avoid provingH

a. an element of the crime charged b. guilt beyond a reasonable doubtc. motived. negligence

2&. $hich of the following is a name given to crimes which reGuire no specificintent"a. general intent crimes

b. conclusive intent crimesc. substantive intent crimesd. reasonable intent crimes

2). $hat is the highest degree of culpability according to the odel 'enal Code"a. purpose

b. nowledge

c. reclessnessd. negligence

2/. $hich of the following crimes includes the essential element of nowledge beyond a reasonable doubt that defendant new the property was stolen"

a. receiving stolen property b. robberyc. possession of illegal substancesd. homicide

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2. $hich of the following is seldom made an essential element that must be proved beyond a reasonable doubt in many crimes"

a. motive b. intent

c. guiltd. all of these answers are essential elements

23. otive can be important evidence in determiningHa. punishment

b. guiltyc. reclessnessd. negligence

!6. $hich of the following crimes reGuire specific intent"a. first>degree murder

b. selling alcohol to an underage personc. distribution of illegal drugsd. unregistered hand grenades

,-/E%4ALSE

1. A party to a crime could be a person who aids and assists in the commission of the crime.

2. %he term mens rea refers to the harm caused by the defendant7s forbidden act.

!. ot all crimes reGuire proof that a defendant had a specific intent to achieve aspecific end.

#. otive is an essential element of most criminal offenses.

&. %he motor vehicle codes of most states contain strict liability statutes.

). According to the odel 'enal Code, purposeful is a higher degree ofculpability than negligent.

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/. In the past, the year>and>a>day rule reGuires that criminal defendants becharged within that time frame following the unlawful act.

. %he use of presumptions in the prosecution7s case never present due process

problems.

3. 9ne cannot be guilty of possession of stolen property if one does not now property is stolen.

16. 'resumptions and inferences enable a fact finder to conclude that becausesome facts have been proved, other facts may be presumed to be true.

C"PLE,

1. ens rea is the criminal or state of mind.

2. %he reason a person commits a crime is called BBBBBBBBB.

!. An offense which reGuires no mens rea, such as speeding, is a strict BBBBBBBBBB offense.

#. According to the odel 'enal Code, a person acts BBBBBBBBBB when sheconsciously disregards a substantial and un0ustifiable ris.

&. %he categories of culpability from the odel 'enal Code include purpose,nowledge, reclessness, and .

). 4eroin found in an apartment will most liely be deemed to be in the

BBBBBBBBBB possession of the person controlling and occupying theapartment.

/. 9nly rarely is written evidence of the of a defendant available to thestate.

. A statement of substantive law that cannot be overcome with evidenceshowing otherwise is nown as a BBBBBBBBBBBBBB presumption.

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3. %he penalties for liability offenses are usually lighter than ?true@crimes.

16. 'roimate cause is the ordinary and cause of a result.

LEG 320 Week 2 Quiz

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