CJ 110 Chapter 4

The ________ is a standard for insanity that asks whether the defendant lacked substantial capacity to appreciate the criminality of the act or conform to the law.

American Law Institute Rule

Identify a difference between criminal law and civil law.

Criminal defendants are entitled to a number of legal protections, while civil defendants do not automatically have such protections.

From the following, pick the list that follows the chronological order of the development of law from the oldest to the most recent.

Hammurabi's Code, Mosaic Law, development of common law, U.S. Constitution ratified

Which of the following statements is FALSE about the purpose and function of law?

Laws give the government unlimited power to penalize people arbitrarily.

Which of the following is an example of double jeopardy?

Michael was tried in criminal court for murder and acquitted. Two years later the prosecutor attempts to go to trial again for the same offense.

Which of the following statements is true about criminal laws?

The procedures for prosecuting misdemeanors are considerably less complex than those for felonies.

Johnny Smith shot and killed his wife. Johnny's act is an example of:

actus reus

_____ is the specific act required to convict a person for a specific crime.

actus reus

On September 6, 2009, the Florida Department of Education adopted the Florida Educational Leadership Examination Rule 6A-4.00821. This rule deals with the testing and certification of teachers. The rule in the scenario is a(n) ________.

administrative law

Alan, Charlie, and Alex are neighbors. While rushing out of his house on a Sunday afternoon, Charlie trips over Alan's cat that is sitting on his porch and hurts himself. On seeing Charlie take a bad fall, Alex rushes to help Charlie to get to his feet. After recovering from his minor injury, Charlie decides to sue Alan. In this scenario, who is the defendant?

alan

Which of the following statements is true of the history of lawmaking?

americans borrow from english law system

Mary decides to rob a bank. She obtains a gun, drives to the bank, enters the bank, points the gun at the teller and asks him to get the money from the vault. Before the teller can respond, an off-duty police officer tackles Mary, disarms her, and places her under arrest. Mary could be charged with:

attempted robbery

Davis witnesses Solomon breaking into Sam's apartment when Sam is away on a business trip. Davis calls the police and files a complaint. According to criminal law, what standard of proof is needed to convict Solomon of burglary?

beyond a reasonable doubt

Alan, Charlie, and Alex are neighbors. While rushing out of his house on a Sunday afternoon, Charlie trips over Alan's cat that is sitting on his porch and hurts himself. On seeing Charlie take a bad fall, Alex rushes to help Charlie to get to his feet. After recovering from his minor injury, Charlie decides to sue Alan. In this scenario, who is the plaintiff?

charlie

Alan, Charlie, and Alex are neighbors. While rushing out of his house on a Sunday afternoon, Charlie trips over Alan's cat that is sitting on his porch and hurts himself. On seeing Charlie take a bad fall, Alex rushes to help Charlie to get to his feet. If Charlie chooses to sue Alan, which of the following laws would govern the case?

civil law

_____ concerns disputes between individuals.

civil law

Which of the following is a difference between civil law and criminal law?

civil law = found liable ; Criminal = found guilty

________ law is the foundation of the legal system in the United States.

common

_____ is the legal system created in England after the Norman Conquest and still used in the United States today.

common law

A football player who tackles and injures his opponent can escape criminal liability by using the defense of ________ because the victim actually gave him permission to engage in the act.

consent

Which of the following is an inchoate crime?

conspiracy, attempt, solicitation

All of the following are sources of law in the United States EXCEPT:

corpus delicti

The ________ is literally "the body of the offense."

corpus delicti

______ is a body of laws in which people are punished by the government for specific prohibited actions.

criminal law

Alan, Charlie, and Alex are neighbors. While rushing out of his house on a Sunday afternoon, Charlie trips over Alan's cat that is sitting on his porch and hurts himself. On seeing Charlie take a bad fall, Alex rushes to help Charlie to get to his feet. After recovering from his minor injury, Charlie decides to sue Alan and demands in his suit that Alan has to cover his medical expenses and lost wages. In this scenario, Charlie's demands are called _______

damages

______ are payments that a defendant must make to a winning plaintiff in a civil lawsuit to compensate the plaintiff for the injuries or costs that the defendant's actions have caused.

damages

Reuben forces his way into the house of an elderly couple. He tells the lady that if she does not help him in carrying out a bank heist, he will shoot her husband. Which defense would be acceptable for the elderly lady is she in fact goes along with Reuben and helps him carry out the bank heist?

duress

The ________ is a standard for insanity that asks whether the defendant's conduct was the product of a mental disease or defect.

durham rule

A situation in which law enforcement officers or agents trick a person into committing a crime that the person would not otherwise have committed is called ______

entrapment

A(n) ________ is a serious criminal offense that brings a potential punishment of a year or more in state or federal prison

felony

According to the rule of law in the United States, the ________.

government can only punish people when they are written laws

The earliest known record of written law is:

hammurabi's code

Crimes that have been begun but are not completed are called _____

inchoate crimes

Which of the following is a defense that sometimes protects very young offenders from criminal liability because they do not understand the consequences of their actions?

infancy

Failure to properly license a dog would be considered a(n):

infraction

_______ is a standard for insanity that asks whether the defendant had a mental disease or defect, as a result of which the defendant was unable to control his or her behavior.

irresistible impulse test

When a defendant is found not guilty by reason of insanity (NGRI), __

is generally viewed as needing psychiatric treatment

Who must determine whether a defendant was insane at the time of a crime?

jury or judge

The level of mens rea where the offender is certain in the results of the actions, regardless of whether the offender wants them to happen is referred to as:

knowingly

The ________ is a standard for insanity that asks whether the defendant was unable to know what he or she was doing or to distinguish right from wrong.

mcnaughtan rule

Which of the following is the most commonly used standard for insanity?

mcnaughtan rule

___ is the criminal intent or mental state of the defendant at the time of the crime.

mens rea

An infraction is a(n):

minor violation of a state law that brings a potential punishment of fines.

Which of the following offenses can be punished by probation, fines, and/or up to a year in a local jail?

misdemeanor

When Michelle and her husband Dan went on a camping trip to a jungle in Florida, Dan was kidnapped by some tribal folks. A search party was launched, but Dan was never found. Believing her husband to be dead, Michelle married Hank. Dan suddenly reappeared two days after Michelle's second wedding. Which of the following defenses can Michelle use if Dan accuses her of bigamy?

mistake

The ________ is a suggested code of criminal law drafted by the American Law Institute and used to guide the states in modernizing their laws.

model penal code

The defense of duress would be acceptable in all crimes EXCEPT:

murder

Which defense is also known as the "lesser of two evils" defense?

necessity

The level of mens rea where the offender behaves differently from the way a reasonable person would behave is referred to as:

negligently

___ are laws enacted by local governments such as cities and counties.

ordinances

The ________ is the party who initiates the lawsuit in a civil case.

plaintiff

A previous case that guides decisions in later cases is known as _____

precedent

The level of mens rea where the offender intends the offense and its consequences is referred to as:

purposefully

The level of mens rea where the offender knows that there is a substantial risk of the consequences is referred to as:

recklessly

A person found guilty but mentally ill (GBMI) is:

recognized to be mentally ill, but is still responsible for the crime

A(n) ________ in a criminal case is the money a defendant must pay a victim to compensate the victim for damages.

restitution

David persuades Doris to distribute narcotics. David can be charged with:

solicitation

______ means "to stand on the decision."

stare decisis

On September 6, 2009, the Florida Department of Education adopted the Florida Educational Leadership Examination Rule 6A-4.00821. This rule deals with the testing and certification of teachers. The rule specified in the scenario is a ________.

state statute

______ are laws enacted by Congress and the state legislatures.

statutes

______ is a strict liability offense.

statutory rape

Crimes that have no mens rea requirement are called ______

strict liability offenses

Which of the following amendments protects anyone from being tried twice for the same offense?

the 5th amendment- double jeopardy

Which of the following is NOT one of the primary rules used to form the basis of the insanity defense in the United States?

the freud rule

Davis witnesses Solomon breaking into Sam's apartment when Sam is away on a business trip. Davis calls the police and files a complaint. According to criminal law, who should bring the case to court?

the government

Which of the following members of the legal system set precedent for common law?

the judges

Which of the following is NOT a requirement of the self-defense claim?

the offender must be taller and heavier than the victim

____ is the guiding principle of the U.S. legal system, which states that no single person is more powerful than the law.

the rule of law

__ are civil disputes in which one party sues another for the damages that the defendant's actions have caused.

torts