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1 Marks 2 A person can be prosecuted for both an attempt and .docx
- 1. 1 Marks: 2 A person can be prosecuted for both an attempt and the completed crime. Choose one answer. a. False b. True Question 2 Marks: 2 According to Hicks v. U.S.,150 U.S. 442 (1893)one can be held criminally liable by “merely speaking words of encouragement.” Choose one answer. a. True b. False Question 3 Marks: 2 According to MPC §1.07, conspirators in a completed crime may be punished for the conspiracy, as well as the completed crime. Choose one answer. a. True b. False
- 2. Question 4 Marks: 2 According to your reading, in some states it is a more serious offense to break into a car and steal a tape player than it is to steal the entire car. Choose one answer. a. false b. true Question 5 Marks: 2 According to your reading, the charge of forgery includes each of the following elements except Choose one answer. a. the false making or altering b. of a legally significant instrument c. with intent to defraud d. a court of law or financial institution Question 6 Marks: 2 According to your reading, the legal term of art most often employed to distinguish murder from manslaughter is Choose one answer.
- 3. a. causation b. vicarious liability c. burden of proof d. malice aforethought Question 7 Marks: 2 According to your reading, the Model Penal Code considers the solicitor to be as dangerous as the perpetrator of the completed crime. Choose one answer. a. false b. true Question 8 Marks: 2 According to your reading, the problems with corporate criminal liability include Choose one answer. a. Determining who to charge b. determining punishment c. the wording of criminal statutes
- 4. d. all of the above Question 9 Marks: 2 Although they are similar, embezzlement differs from larceny in which of the following ways? Choose one answer. a. embezzlement requires asportation b. the claim of right defense is generally not applicable to larceny c. embezzlement does not require intent d. none of the above Question 10 Marks: 2 An aider and abettor or accessory before the fact must Choose one answer. a. be a principal of the crime b. discourage the commission of the crime c. solicit the commission of the crime
- 5. d. aid or encourage the commission of a crime 11 Marks: 2 An effective abandonment defense to aiding and abetting, or to accessory before the fact, will Choose one answer. a. vary with aid b. depend on the type of solicitation made c. all of the above d. none of the above Question 12 Marks: 2 Assault and battery are Choose one answer. a. civil torts, not crimes b. handled the same in all jurisdictions c. handled the same in civil and criminal proceedings d. handled differently from jurisdiction to jurisdiction
- 6. Question 13 Marks: 2 At Common Law, which of the following elements is not accurate regarding the crime of Burglary? Choose one answer. a. Trespassory breaking and entering b. Of the dwelling of another c. In the nighttime d. With the intent to commit a misdemeanor Question 14 Marks: 2 Bill says to John, “Give me $50 right now, or the next time I see you I’ll slice your nostrils with a razor blade.” Bill is most likely guilty of Choose one answer. a. robbery b. extortion c. A and B d. None of the above Question 15
- 7. Marks: 2 Bill sees a $100 bill lying on the front seat of his friend’s car. He takes the car and the money to the racetrack, intending to return both. After winning $1,000, on a bet he placed using his friend’s $100, he returns the car to its original location and, in gratitude, leaves his friend $200. Bill could be convicted of Choose one answer. a. larceny of the money only b. larceny of the car only c. larceny of the money and the car d. nothing Question 16 Marks: 2 Billy writes a check on his bank account, even though he knows there are insufficient funds to cover the amount of the check. He may be guilty of Choose one answer. a. forgery b. obtaining property by false pretenses c. embezzlement d. none of the above
- 8. Question 17 Marks: 2 According to your reading, the Model Penal Code promotes: Choose one answer. a. abolition of degrees of murder, in favor of a series of mitigating circumstances to be employed as factors in assessing punishment b. a single sentence for murder, no matter what the degree onal degrees of murder c. abolishing the murder charge entirely, in favor of additional degrees of manslaughter d. abolition of the manslaughter charge, in favor of additional degrees of murder Question 18 Marks: 2 Conspiracy requires which of the following elements? Choose one answer. a. actus reus and mens rea b. mens rea c. mens rea and completion of the act
- 9. d. actus reus Question 19 Marks: 2 Degrees of Robbery usually depend on Choose one answer. a. value of property b. the amount of force used c. the amount of force threatened d. a and c e. b and c Question 20 Marks: 2 Generally speaking, an attempt is which of the following? Choose one answer. a. the unintentional engagement in conduct that, if continued, would constitute a crime b. a substantial but unsuccessful effort to commit a crime c. the preparation toward commission of a crime
- 10. d. none of the above 21 Marks: 2 If involuntary abandonment occurs prior to the completion of a crime, the defendant can not be charged with attempt of the crime. Choose one answer. a. True b. False Question 22 Marks: 2 If John unintentionally burns down a house while burglarizing it, he would be charged under the Felony Arson rule. Choose one answer. a. false b. true Question 23 Marks: 2 In a larceny case, the value of the property may be significant because Choose one answer. a. most states increase the degree of larceny based on the value of the property b. most states won’t prosecute for the theft of property valued
- 11. below $ 25 c. most states won’t prosecute for the theft of property valued below $ 150 d. most states won’t prosecute for a theft of service Question 24 Marks: 2 In a murder statute the term “willful” is used to describe a specific intent to kill. Choose one answer. a. true b. false Question 25 Marks: 2 In a rape case, “inability to consent” may be based upon which of the following Choose one answer. a. effect of drugs b. effect of alcohol c. unconsciousness d. all of the above
- 12. Question 26 Marks: 2 In a statutory rape case, which of the following is normally true? Choose one answer. a. the defendant must be underage b. the victim must have lied about his or her age c. the defendant must have knowledge that the victim was underage d. the defendant need not have knowledge that the victim was underage Question 27 Marks: 2 In addition to the “but for” test, the state would also want to establish that the defendant’s actions were the proximate cause of death. Choose one answer. a. true b. false Question 28 Marks: 2 In most jurisdictions, the punishment for an attempt to commit a crime is normally which of the following?
- 13. Choose one answer. a. more severe than that imposed for the commission of the crime b. equal to that imposed for the commission of the crime c. not punishable d. less severe than that imposed for the commission of the crime Question 29 Marks: 2 Involuntary manslaughter usually requires Choose one answer. a. more than one actor b. intent to cause the outcome prohibited by law c. recklessness or gross negligence d. felony murder Question 30 Marks: 2 It is possible to be both a principal and an accessory before or after the fact. Choose one answer.
- 14. a. True b. False 31 Marks: 2 Many states have different degrees of manslaughter. Frequently, they are divided into which of the following? Choose one answer. a. murder and manslaughter b. 1st degree murder and 2nd degree murder c. voluntary manslaughter and involuntary manslaughter d. 2nd degree murder and involuntary manslaughter Question 32 Marks: 2 Mr Brown throws a torch inside a house at precisely the same time the house is struck by lightning. The torch flickers and goes out while the lightning strike results in a fire that burns the house to the ground. Mr. Brown would most likely be found Choose one answer. a. guilty of arson b. guilty of attempted arson
- 15. c. guilty of neither charge d. guilty of both charges Question 33 Marks: 2 In reaching your conclusion for the scenario above, which of the following factors is pertinent to the charge? Choose one answer. a. causation b. solicitation c. intent d. none of the above Question 34 Marks: 2 Receiving stolen goods Choose one answer. a. is a form of aggravated accessory after the fact to larceny b. is usually punished as seriously as larceny c. requires that the receiver knows or believes that the goods are stolen
- 16. d. all of the above Question 35 Marks: 2 Robbery is larceny from a person by force or threat of immediate force. Choose one answer. a. True b. False Question 36 Marks: 2 Statutory rape is generally a strict liability offense. Choose one answer. a. true b. false Question 37 Marks: 2 The act of deliberately encouraging, requesting or advising another to undertake or join in the commission of a criminal act is known as: Choose one answer. a. solicitation b. conspiracy
- 17. c. all of the above d. none of the above Question 38 Marks: 2 The elements of attempt include which of the following? Choose one answer. a. specific intent b. an overt act toward commission c. failure to complete the crime d. all of the above Question 39 Marks: 2 The “intent to accomplish the precise act which the law prohibits” is the definition for which of the following? Choose one answer. a. specific intent b. general intent c. attempt
- 18. d. transferred intent Question 40 Marks: 2 There is no such thing as a crime called “attempt” in and of itself. Choose one answer. a. False b. True 41 Marks: 2 Which of the following is an example of asportation? Choose one answer. a. the movement of a wallet by a pick-pocket b. the starting of a car engine by a car thief c. all of the above d. none of the above Question 42 Marks: 2 Which of the following is an exception to the “but for” test, as used by the State to prove causation in charges involving an intentional killing? Choose one answer.
- 19. a. the victim dies 1 year and 1 day after the event b. an automobile is involved c. two forces, each capable of causing death, occur simultaneously and each inflicts injury d. none of the above Question 43 Marks: 2 Which of the following is not a necessary element of larceny? Choose one answer. a. a trespassory taking and carrying away b. of the valuable personal property of another c. through the use of threats or coercion d. with intent to permanently deprive the person entitled to possession Question 44 Marks: 2 Which of the following is not considered an inchoate crime? Choose one answer. a. solicitation
- 20. b. conspiracy c. abandonment d. none of the above Question 45 Marks: 2 Which of the following is not considered an inchoate crime? Choose one answer. a. attempted murder b. solicitation c. conspiracy d. none of the above Question 46 Marks: 2 Which of the following standards is often employed in order to ascertain whether or not a defendant killed “in the heat of passion” and whether or not the provocation was adequate from an objective vantage point? Choose one answer. a. unreasonable person
- 21. b. reasonable person c. third party induction d. third party deduction Question 47 Marks: 2 Which of the following statements is not true? Choose one answer. a. larceny by trick requires mere possession b. larceny by trick leaves the defrauded owner with “constructive possession” c. the crime of false pretenses is complete upon obtaining title d. the crime of false pretenses requires subsequent disposition of the property Question 48 Marks: 2 Which of the following states that two parties cannot be charged with conspiracy to commit a crime which requires a third party? Choose one answer. a. Unilateral rule
- 22. b. Bilateral rule c. Wharton rule d. M’Naghton test Question 49 Marks: 2 Which of the following was a possible common law defense to a charge of attempting to commit a crime? Choose one answer. a. factual impossibility but not legal impossibility b. legal impossibility but not factual impossibility c. tort d. solicitation Question 50 Marks: 2 “Willful, deliberate and premeditated” are frequently used in statutes to elevate Choose one answer. a. involuntary manslaughter to voluntary manslaughter b. 2nd degree murder to 1st degree murder
- 23. c. 1st degree murder to 2nd degree murder d. murder to manslaughter