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Crim Law Chapters 12-14 Review Exam

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The MPC contains several provisions relating to fornication and adultery. True/False

False

The four main federal antitrust laws are the Sherman Act, Clayton Act, Robinson-Patman Act, and Federal Trade Commission Act. False/True

True

To obtain a felony conviction for an FDCA violation, in addition to certain misdemeanor elements, either intent or evidence of a prior FDCA violation is required. False/True

True

Under common law, an accomplice could not be convicted of a crime unless the primary actor was also convicted. True/False

True

_____ is defined as the repeated intentional act of exposing one's genitals to an unsuspecting stranger or strangers for the purpose of achieving sexual excitement. A. Exhibitionism B. Pandering C. Solicitation D. Pimping

A. Exhibitionism

The first federal law to regulate marijuana was the A. Marijuana Tax Act of 1937. B. Boggs Act of 1951. C .Harrison Narcotics Act of 1914. D .Controlled Substances Act of 1970.

A. Marijuana Tax Act of 1937.

Solicitation is defined as the unlawful sexual intercourse that is consensual by both parties and is committed under circumstances not constituting adultery. True/False

False

Which of the following is NOT one of the three elements that must be considered in establishing mens rea for willfulness in a tax deficiency? A. a situation where the defendant willfully committed the act before it was made criminal B. a situation where the defendant voluntarily and intentionally violated his or her duty C. a situation where the law imposed a duty on the defendant D. a situation where the defendant knew of his or her duty

A. a situation where the defendant willfully committed the act before it was made criminal

Under modern mail fraud, if the defendant is using the U.S. Post Office for delivery, it A. can be any kind of delivery. B. must be an intrastate delivery. C. must be an interstate delivery. D. None of the answers is correct.

A. can be any kind of delivery.

In the context of traffic violations, which of the following is an element of reckless driving? A. consciousness of one's conduct B. an evil intent to commit an act as a free agent C. ignorance of a probable injury to another D. cautious regard for consequences

A. consciousness of one's conduct

In the debate to decriminalize victimless crimes, _____ is NOT included. A. driving under the influence (DUI) B. gambling C. prostitution D. sodomy

A. driving under the influence (DUI)

Alcohol is most often associated with the offense of A. driving under the influence. B. unlawful assembly. C. vagrancy. D. vehicular homicide.

A. driving under the influence.

A common example of a mala prohibita crime is A. gambling. B. assault. C. rape. D. manslaughter.

A. gambling.

Under Section 1 of the Sherman Act, the government must satisfy which of the following elements for a criminal conviction? A. general intent B. the combination or conspiracy produces, or potentially produces, an unreasonable restraint of trade or commerce C. the restraint is on interstate trade or commerce D. two or more entities formed a combination or conspiracy

A. general intent

Gambling is NOT legal in A. in San Francisco, CA. B. in Atlantic City, NJ. C. in Carson City, NV. D. on Indian reservations in several states.

A. in San Francisco, CA.

The FDCA's definition of a drug includes articles intended for use A. in the cure of a disease in man or other animals. B. as food for humans or other animals. C. as vitamins in a daily human diet. D. as a drink for humans or other animals.

A. in the cure of a disease in man or other animals.

Which of the following is defined as a type of substantive fraud that involves the purchase and sale of securities based on material, nonpublic information? A. insider trading B. parking C. racketeering D. churning

A. insider trading

In most states, in order to prove the crime of cultivating, drying, or processing marijuana, the prosecution must prove that the defendant A. knew plants were growing on his or her property. B. intended to sell the cannabis. C. maintained the area around the cannabis. D. None of the answers is correct.

A. knew plants were growing on his or her property.

Because of the stiffer penalties imposed for possession with intent, many states forbid the inference of intent to deliver on the basis of A. possession of a controlled substance. B. an eyewitness testimony. C. undercover officers' testimonies. D. possession of both a substance and paraphernalia.

A. possession of a controlled substance.

A monopolization conviction requires the prosecution to prove the A. possession of monopoly power, which does not include the power to control or fix prices and unreasonably restrict or exclude competition in a relevant market. B. willful acquisition or maintenance of such power through lawful means, such as from fair competitive practices such as high quality products, business acumen, or historical accident. C. possession of monopoly power, which includes the power to control or fix prices and unreasonably restrict or exclude competition in a relevant market. D. willful acquisition or maintenance of such power through scattered unlawful means, but primarily from fair competitive practices such as high quality products, business acumen, or historical accident.

A. possession of monopoly power, which does not include the power to control or fix prices and unreasonably restrict or exclude competition in a relevant market.

Mail fraud is often charged together with A. securities fraud. B. substantive fraud. C. impure food and drug charges. D. antitrust violations

A. securities fraud.

A _____ is defined as a substance representing a controlled substance in its nature, packaging, or appearance, which would lead a reasonable person to believe it to be a controlled substance. A. simulated controlled substance B. Schedule V substance C. contraband substance D. Schedule IV substance

A. simulated controlled substance

Both federal and state systems have, in general, set up two penal categories for controlled substances for offenses involving A. the sale, distribution, and manufacture of controlled substances. B. simulated controlled substances. C. cultivation. D. the undercover use of controlled substances.

A. the sale, distribution, and manufacture of controlled substances.

Which of the following is NOT a current guideline provided by the Court in determining whether material is obscene? A. whether the content of isolated passages of a book, rather than the book as a whole, contributes to a general moral decline in society B. whether a work, taken as a whole, lacks serious literary, artistic, political, or scientific value C. whether a work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law D. whether an average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest

A. whether the content of isolated passages of a book, rather than the book as a whole, contributes to a general moral decline in society

The _____ prohibits certain activities that harm competition, including exclusive dealing arrangements and mergers that damage competition. A. Federal Trade Commission Act B. Clayton Act C. Sherman Act D. Robinson-Patman Act

B. Clayton Act

_____ hold alcohol servers responsible for harm that intoxicated or underage patrons cause to other people. A. Safe drinking acts B. Dram shop acts C. MADD acts D. None of the answers is correct.

B. Dram shop acts

_____ is a type of prosecution under mail fraud that was primarily used to protect citizens from dishonest public officials. A. Federal Food, Drug, and Cosmetics Act (FDCA) B. Intangible rights theory C. Sherman Antitrust Act D. Clayton Antitrust Act

B. Intangible rights theory

Which of the following statements is true of the Marijuana Tax Act of 1937? A. It restricted physicians from prescribing opiates for medical treatment. B. It penalized the use and distribution of cannabis. C. It removed heroin from the list of medically useful drugs. D. It was an economic regulation to regulate opium trade.

B. It penalized the use and distribution of cannabis.

_____ is defined as any sale of securities that are purchased with the understanding that they will be repurchased by a seller at a later time, to manipulate stock prices or avoid reporting requirements. A. Racketeering B. Parking C. Insider trading D. Churning

B. Parking

_____ is an indirect method of proving a tax deficiency. A. A defendant's confession method B. The cash expenditures method C. The gross worth method D. All of the answers are correct.

B. The cash expenditures method

_____ is NOT an element in obtaining a conviction for mail fraud. A. The intent to defraud B. The use of personal courier services, such as by co-felons C. A scheme to defraud D. The use of the United States Postal Service or any private interstate commercial carrier

B. The use of personal courier services, such as by co-felons

In 1919, the U.S. Supreme Court held that physicians could NOT maintain addicts on morphine in the case of A. Employment Division v. Smith. B. Webb v. United States. C. Wheeler v. United States. D. United States v. Civelli.

B. Webb v. United States.

Which of the following is NOT one of the typical circumstances of driving under the influence (DUI)? A. The defendant was under the influence of an intoxicant, narcotic, or hallucinogenic to the extent that his or her normal faculties were impaired. B. When an automobile accident occurred, the defendant failed to render assistance to an injured person. C. The defendant operated a motor vehicle on a roadway within the jurisdiction of the court. D. The defendant was driving with a blood or breath alcohol concentration above the prohibited level.

B. When an automobile accident occurred, the defendant failed to render assistance to an injured person.

For a misdemeanor Federal Food, Drug, and Cosmetic Act (FDCA) conviction, which of the following elements must be satisfied? A. There must be either intent or evidence of a prior FDCA violation. B. When the defendant is a corporate officer, the officer must bear a "responsible relation" to the violation. C. The object must have been altered considerably from its original form. D. The object must have been prevented from being introduced into interstate commerce.

B. When the defendant is a corporate officer, the officer must bear a "responsible relation" to the violation.

A plaintiff must show that the _____ to succeed in a suit based on the Trademark Law Revision Act of 1988. A. advertiser made a questionable statement B. deception is manipulative C. deception is implied and can negatively affect consumers' self-perceptions D. advertising is made about services offered in one state

B. deception is manipulative

The Firearms Owners Protection Act of 1986 does NOT A. regulate traditional firearms such as rifles, pistols, and shotguns. B. define all nonlethal weapons that may be used in the course of aggravated crimes. C. require that the prosecution prove that a violation was willful or intentional. D. regulate defined firearms, including machine guns.

B. define all nonlethal weapons that may be used in the course of aggravated crimes.

The Harrison Narcotics Act was enacted to A. ensure that doctors and pharmacists were licensed. B. ensure that only people with proper registration were allowed to sell narcotics. C. lower taxes on medicines. D. prohibit the use or sale of narcotics.

B. ensure that only people with proper registration were allowed to sell narcotics.

Which of the following is an element of hit and run? A. failure of the driver to furnish information about his or her identity B. failure to render assistance to any persons injured C. reporting the accident to the police the next day D. operating a motor vehicle with a blood alcohol concentration above the prohibited level

B. failure to render assistance to any persons injured

Although the Fourth Amendment protects people against unreasonable searches and seizures, administrative searches may be valid without a warrant if A. inspection is made by a higher level official, such as one that works for the federal government. B. inspection is made pursuant to a regulatory scheme for which there is a substantial government interest. C. owner is in the premises. D. an employee reports wrong doing.

B. inspection is made pursuant to a regulatory scheme for which there is a substantial government interest.

Criminal prosecution may be brought for various types of nuisances, such as _____. A. the disposal of explosives B. interference with the uses to which property has been dedicated C. the maintenance of houses D. drunk or otherwise intoxicated driving

B. interference with the uses to which property has been dedicated

Which of the following is NOT one of the behaviors covered by the crime of disorderly conduct? A. creating a hazardous condition by any act that serves no legitimate purpose B. leading an unlawful assembly C. making unreasonable noise D. engaging in fighting or threatening other people

B. leading an unlawful assembly

To be convicted of constructive possession, the accused A. must have the substance on his or her person, such as in a pocket. B. must be in a position to move the illegal substance from one place or another. C. need not know of the presence of the contraband or that it was a controlled substance. D. All of the answers are correct.

B. must be in a position to move the illegal substance from one place or another.

Which of the following is NOT a lawful form of gambling in most jurisdictions? A. racing B. numbers C. state-operated lotteries D. bingo

B. numbers

Which of the following is NOT an element of adultery? A. sexual intercourse between persons not married to each other B. sexual intercourse where at least one party is not married C. voluntary sexual intercourse D. sexual contact where at least one party is in a lawful marriage

B. sexual intercourse where at least one party is not married

Which of the following is a federal act that prohibits the knowing transportation in interstate or foreign commerce of any individual, male or female, with the intent that such individuals engage in prostitution or in any sexual activity? A. the Dram Shop Act B. the Mann Act C. the Nelson Act D. the Interstate Commerce Act

B. the Mann Act

Generally, _____ is NOT one of the three elements of tax evasion. A. the existence of a tax deficiency B. the existence of unreported nontaxable income C. willfulness in the commission of an affirmative act* D. an affirmative act constituting an evasion or attempted evasion of a tax payment

B. the existence of unreported nontaxable income

To convict a person of lewdness, it must be shown that the person indecently exposes his or her sex organs in A. a private indoor room. B. the presence of another. C. the closed stall of a public restroom. D. a clothing-optional resort.

B. the presence of another.

Which of the following statements is true about modern sodomy? A. It primarily involves the use of illegal drugs for sexual stimulation. B. It mandatorily requires one of the two parties involved to be in a lawful marriage for it to be illegal. C. It primarily involves the penetration of the anus or mouth of one person by the penis of another. D. It is said to have occurred when there is a forced vaginal sexual intercourse.

C. It primarily involves the penetration of the anus or mouth of one person by the penis of another.

Identify a true statement about the Harrison Narcotics Act of 1914. A. It led to persons dealing in narcotics to evade tax payments. B. It prevented physicians from prescribing opiates for medical treatment. C. It was passed in response to international pressures to regulate the opium trade. D. It made illegal the use of cough medicine that contained a restricted amount of heroin.

C. It was passed in response to international pressures to regulate the opium trade.

_____ is NOT categorized as a traffic offense. A. Driving under the influence (DUI) B. Speeding C. Joyriding D. Reckless driving

C. Joyriding

_____ is categorized by federal law as a Schedule I drug. A. Phencyclidine (PCP) B. Morphine C. Marijuana D. Cocaine

C. Marijuana

_____ is NOT a common defense to securities fraud charges. A. Reliance on counsel B. No knowledge C. The use of private courier D. Good faith

C. The use of private courier

According to the Controlled Substances Act of 1970, which of the following is a characteristic of Schedule I drugs? A. They are useful in established medical treatments. B. They mandatorily require prescriptions. C. They have great potential for abuse. D. They can be safely used.

C. They have great potential for abuse.

Which of the following is a defense that a taxpayer can offer to negate charges of tax deficiency? A. a good faith defense B. a statute of limitations defense C. a cash hoard defense D. an impossibility defense

C. a cash hoard defense

Which of the following can be used by a defendant as a defense to a mail fraud charge? A. an impossibility defense, which is a claim that the defendant did not have the authority to prevent or rectify the violative situation, and therefore had no liability B. a no knowledge defense, where the defendant can argue that he or she did not know that his or her actions were contrary to the securities laws C. a good faith defense, which is merely an assertion that there was no fraud intended D. a third-party defense, where the defendant can shift the blame of the alleged mail fraud to a third party, such as an accountant

C. a good faith defense, which is merely an assertion that there was no fraud intended

The crime of drug loitering requires A. proof of the possession of a controlled substance while in public. B. proof of the delivery of a controlled substance in a public place. C. an action done in public that manifests the intent to engage in illegal drug activity. D. proof of the presence of a controlled substance somewhere in public view.

C. an action done in public that manifests the intent to engage in illegal drug activity.

The MPC provides that material is obscene if its predominant appeal is a shameful or morbid interest in _____. A. dancing B. clothing C. excretion D. shoes

C. excretion

In criminal law, voluntary intoxication A. cannot be used as a defense in any circumstance. B .cannot disprove the existence of mens rea necessary for crimes of specific intent. C. is no defense against crimes of general intent. D. is always a defense to assault.

C. is no defense against crimes of general intent.

The charge of actual possession means the controlled substance is recovered A. from a place to which only the accused has access, such as a safe or a locker. B. from a place immediately accessible to the accused. C. on the defendant's person. D. from a place where the accused is able to exercise "dominion and control" over it.

C. on the defendant's person.

A Connecticut statute provides that a person is guilty of patronizing a prostitute when the patron A. procures a place for the prostitute in which the prostitute can ply his or her trade. B. pays another person to tell him or her where prostitutes can be found. C. solicits or requests another person to engage in sexual conduct with him or her in return for a fee. D. All of the answers are correct.

C. solicits or requests another person to engage in sexual conduct with him or her in return for a fee.

Which of the following types of laws protects trade and commerce from restraints, monopolies, price-fixing, and price discrimination, to ensure and preserve a competitive economy? A. the zero tolerance laws B. the three-strikes laws C. the antitrust laws D. the mandatory sentencing laws

C. the antitrust laws

Which of the following is a factor that distinguishes friendly gambling from commercial gambling? A. the type of game played B. the number of players C. the location of the game D. the type of neighborhood

C. the location of the game

Cocaine's former medical uses do NOT include A. the treatment of narcolepsy. B. hay fever. C. the treatment of alcoholism. D. the treatment of depression.

C. the treatment of alcoholism.

Anything that _____ is NOT an example of a nuisance. A. offends the senses B. endangers life or health C. violates laws of commerce D. obstructs the reasonable and comfortable use of property

C. violates laws of commerce

Breach of the peace offenses includes A. disorderly conduct. B. unlawful assembly. C. rout. D. All of the answers are correct.