CRJU 1068 final exam

Justina has been convicted of tax evasion. She and her lawyer plan to argue against the judge's decision at the next level of court. Which of the following will Justina be considered in this new trial?

The appellantCorrect. Justina will be the appellant (the party that appeals) at the appeal.

Which of the following is TRUE of district courts?

They are the lowest courts at the federal level.Correct. District courts are the lowest courts at the federal level.

Which of the following is TRUE of nonexculpatory defenses

They are unrelated to the elements of the crime.Correct. Nonexculpatory defenses are unrelated to the elements of the crime.

Because of the equal protection clause, which of the following is TRUE?

U.S. citizens of all races must be looked at equally through the eyes of the law.Correct. Because of the equal protection clause, U.S. citizens of all races must be looked at equally through the eyes of the law.

Which of the following scenarios BEST illustrates the difference between statutory mens rea and traditional mens rea?

Under traditional mens rea, it was important to know whether or not Jeremy had knowledge that the car he was driving had been stolen. However, under statutory mens rea, his knowledge or lack of knowledge that the car was stolen is irrelevant.Correct. Under traditional mens rea, it is important to know whether or not there is knowledge that the act is criminal. However, under statutory mens rea, this knowledge or lack of knowledge is irrelevant.

William and Mary, a recently divorced couple, are involved in a heated custody battle for their two young children. The one point that neither is arguing is that each is the biological parent of the two girls. Which of the following does this point represent?

A conclusive presumptionCorrect. A conclusive presumption is one that all parties agree with.

Which of the following is a key difference between a conduct crime and a result crime?

A conduct crime need not result in any harm to another or property, whereas a result crime is not complete without such actual harm.Correct. A conduct crime need not result in any harm to another or property, whereas a result crime is not complete without such actual harm.

Which of the following is the CLEAREST example of a violation of the equal protection clause?

A criminal statute finds women (and not men) who engage in sexual acts for money in violation of a law against prostitution.Correct. A criminal statute that discriminates against or treats some people different than others (in this case, that treats women differently than men) violates the equal protection clause.

Mark just finished prosecuting a case on behalf of the state in which the defendant was charged with murder. Mark, however, has failed to meet the burden of proving the various elements of the underlying offense beyond a reasonable doubt. Which of the following will result?

A failure of proof defenseCorrect. Mark's failure to meet his burden of proving the various elements of the underlying offense beyond a reasonable doubt would essentially result in a failure of proof defense.

Judge Kirkland was looking through his list of recent decisions from other federal cases in an attempt to find one that might guide him in his ruling on the case before his court. What was Judge Kirkland hoping to find?

A precedent... Judge Kirkland was looking for a precedent, which means the judge referenced earlier decisions made by other judges to guide him/her in making a decision.

Which of the following BEST encapsulates the Blockburger rule?

A test to determine whether or not there is one or two separate offensesCorrect. The Blockburger rule is a test to determine whether or not there are one or two separate offenses.

Josefa was to receive five million dollars from a life insurance policy her husband had taken out to provide for her and their children in the event of his untimely death. The prosecution planned to use this as evidence against her in the murder trial. Which of the following can be said about this evidence?

It is circumstantial evidence.Correct. This evidence is circumstantial evidence because it is evidence that indirectly proves a fact.

Jerry's act, in of itself, of slitting the throat of his father as he slept would be referred to as ___________.

Actus reusCorrect. Actus reus is Latin for an "evil act." It is the criminal act in of itself, and is one of the three basic elements needed to prove criminal liability

Which of the following BEST encapsulates the decision in Glossip v. Gross?

An affirmation of the lower court's decision that death by lethal injection was not cruel and unusual punishment.Correct. In Oklahoma, petitioners failed to prove that midazolam, one of the three drugs used during death by lethal injection, would cause an unacceptable risk of pain. They also failed to show that any risk of harm was substantial when compared to a known and available alternative method of execution.

Winters v. New York dealt with which of the following?

An overly vague statute relating to obscene articlesCorrect. Winters v. New York dealt with an overly vague statute relating to obscene articles.

Which of the following is NOT true of crime?

It is easy to define in detail.Correct. There is no easy way to define crime.

Why is it said that "ignorance of the law is no excuse"?

Because everyone has a duty to inquire about the legality of their actionsCorrect. Ignorance of the law is no excuse because everyone has a duty to inquire about the legality of their actions

Why is our system of justice referred to as an adversarial justice system?

Because it pits two parties against each other

Why is our system considered a "dual court system"?

Because it separates federal and state courtsCorrect. Our system is considered a dual court system because it separates federal and state courts.

Why are precedents important

Because judges decisions were guided by earlier court decisions, ensuring continuity and predictability

Why does every state provide double jeopardy protection?

Because of the Supreme Court's decision in Benton v. MarylandCorrect. Every state provides double jeopardy protection because of the Supreme Court's decision in Benton v. Maryland.

Why does the judiciary hesitate to intrude on the legislative branch's law-making authority?

Because the courts presume that all laws are constitutional.Correct. The judiciary hesitates to intrude on the legislative branch's law-making authority because the courts presume that all laws are constitutional.

Why are the basic elements that form the foundation of criminal law referred to as the general part of the criminal law?

Because they are not unique to any one crimeCorrect. The basic elements that form the foundation of criminal law are referred to as the general part of the criminal law because they are not unique to any one crime.

Why are the early legal codes such as the Code of Hammurabi and the Twelve Tables important to our criminal justice system today?

Because they signaled the emergence of "formalized" lawCorrect. The early legal codes did signal the emergence of "formalized" law.

How does the criminal law protect society via rehabilitation?

By changing offenders for the betterCorrect. Rehabilitation changes offenders for the better, ideally making them "fit" to return to society safely and productively.

What is the key difference between specific deterrence and general deterrence?

General deterrence is concerned not with the criminal, but with the "would be" criminal. The goal of general deterrence is to make an example out of other criminals by holding them accountable for their criminal acts. As such, the "would be" criminal opts to abide by the law out of fear of suffering the same fate. Specific deterrence deters those who have already committed crimes from committing other crimes through punishment specific to that individual.

Jeremy was a defendant in a murder case, accused of killing his wife in cold blood. When the prosecutor addressed the jury, he explained that Jeremy's motive for killing his wife was a large insurance settlement that he would receive in the wake of her death. This sort of evidence is known as _________.

Circumstantial evidence...Evidence that indirectly proves a fact, such as a defendant's possible motives to commit a criminal act, is known as circumstantial evidence.

Generally speaking, a person cannot be guilty of a crime unless he or she does what

Commits a voluntary actCorrect. Generally speaking, a person cannot be guilty of a crime unless he or she commits a voluntary act.

Which of the following scenarios BEST depicts a mistake of law

Dawn knew when she did it that taking mail from her neighbor's mailbox was not the right thing to do, but she had no idea that there was a federal law against doing it.Correct. Dawn made a mistake of law, since she knew what she was doing was wrong but just didn't know the details of why or the consequences.

Which of the following scenarios BEST depicts a mistake of law?

Dawn knew when she did it that taking mail from her neighbor's mailbox was not the right thing to do, but she had no idea that there was a federal law against doing it.Correct. Dawn made a mistake of law, since she knew what she was doing was wrong but just didn't know the details of why or the consequences.

Silvana's words to the large crowd were directly and purposely meant as an attack on the good reputation of the police chief. Which of the following BEST describes her speech?

DefamationCorrect. Silvana's speech, which was meant as an attack on the good reputation of another, would be considered defamation.

In which of the following scenarios would double jeopardy apply?

During a murder trial of two victims, Hannah was convicted for murdering one victim, but acquitted on the charges of murdering the second. While serving time for the conviction, new evidence emerged that clearly showed she was also responsible for the second murder. The prosecuting attorney then decided to issue new murder charges against Hannah.Correct. Hannah will not be charged again for the murder of the second victim since she was acquitted on those charges previously and trying her again for the same crime would be a clear violation of the double jeopardy clause.

Which of the following scenarios BEST depicts a mistake of fact?

Fabio picked up a textbook and left, failing to notice that he grabbed another student's criminal law text.Correct. Because Fabio didn't notice that he had picked up the wrong textbook, he made a mistake of fact.

What is the difference between factual causation and legal causation?

Factual causation requires that there can be no criminal liability for a resulting harm unless it can be shown that the defendant's conduct was the cause in fact of the prohibited result, whereas legal causation is concerned with who should be held criminally responsible.Correct. Factual causation does require that there can be no criminal liability for a resulting harm unless it can be shown that the defendant's conduct was the cause in fact of the prohibited result; and legal causation is concerned with who should be held criminally responsible.

Which from the following would be considered a voluntary act?

Harold who lights fire to his home after dousing it and his sleeping wife in kerosene.Correct.

Ursula feels as though her property is in danger of destruction by her former tenant. What are her options, should this tenant come back to damage or destroy her home?

If necessary, she can use force, but not deadly force.Correct. Force can be used to protect property such as one's home, but NOT deadly force.

It cannot be overstated how rare it is for which of the following to negate mens rea?

IgnoranceCorrect. It is very rare for ignorance to negate mens rea.

The landmark case of Furman v. Georgia dealt with all EXCEPT which of the following?

Illegal searches and seizuresCorrect. Furman v. Georgia did not deal with illegal searches and seizures.

How are a federalist system and a confederation different?

In a federalist system, there is a division of power between a central body and various constituent units, whereas in a confederation, there is no strong central government.Correct. In a federalist system, there is a division of power between a central body and various constituent units, whereas in a confederation, there is no strong central government.

Which of the following represents the difference in the burden of proof requirement in criminal versus civil cases?

In criminal cases, the burden of proof must be beyond a reasonable doubt, whereas in civil cases the standard is generally the preponderance of evidence.

Which of the following BEST exemplifies cooperative federalism?

In regulating interstate commerce, the federal government also controls much of the commerce that occurs within each state.Correct. This "blurred line" between state and federal power is an example of cooperative federalism.

After receiving a guilty verdict, Harry was most likely going to be sentenced to a minimum of twenty years in prison. The goal is to remove Harry from society so that he will no longer be able to reoffend. This is an example of _______.

Incapacitation... Harry will be incapacitated for this twenty-year period, since he will be removed from society and no longer able to offend.

Which of the following terms BEST describes mens rea?

IntentCorrect. Mens rea is Latin for "guilty mind," and is BEST described in one term as "intent" or "intention."

Darren has awakened to find an intruder in his home. Is he justified in shooting and killing this intruder?

It depends on the state in which Darren lives.Correct. States are divided on this issue. Some states allow for the use of deadly force in this instance only in self-defense of the body, not possessions. Other states, however, allow the use of deadly force in "defense of habitation."

Which of the following is NOT true of the Bill of Rights?

It is a condensed version of the Constitution that applies only to the states. Correct. The Bill of Rights is NOT a condensed version of the Constitution that applies only to the states.

Justice Stevens strongly disagreed with the other eight justices in an important landmark decision. His opinion in the case was worded with careful, strong language. Which of the following is TRUE of Justice Stevens' opinion?

It is a dissenting opinion.Correct. Justice Stevens' opinion is the dissenting opinion.

Which of the following is TRUE of the self-defense defense?

It is only available in cases involving an unprovoked attack.Correct. The use of self-defense as a defense is only available in the case of an unprovoked attack.

Which of the following is TRUE of mens rea

It is probably best defined as intent.Correct. Mens rea is very basically defined as "intent."

Which of the following is NOT true of negligence?

It is virtually the same as intent.Correct. Negligence is actually a far cry from intent

What does requiring a causation element in certain crimes do?

It serves a protection function.Correct. Requiring a causation element in certain crimes serves a protection function.

What might happen to a law that simply stated: "It is a crime to be bad"?

It would quickly be deemed "void for vagueness."Correct. A law that simply stated: "It is a crime to be bad," would most likely be deemed "void for vagueness."

Which of the following was the Code of Hammurabi MOST known for?

Its harsh "eye-for-an-eye" philosophyCorrect. The Code of Hammurabi was well-known for its harsh "eye-for-an-eye" philosophy.

Which of the following is NOT an example of an ex post facto law?

Jerry was arrested for violating a state statute when he was caught buying minors alcohol.Correct. A law that criminalizes an act that was legal when the act was committed is an ex post facto law. Jerry, in this case, was not criminalized for an act that was legal at the time of his arrest.

Which of the following is an example of a conduct crime?

Jim was pulled over by the officer for erratic driving, given a breathalyzer test, and, consequently, arrested for driving under the influence.Correct. Since no harm was done to anyone or any property, Jim committed a conduct crime, which was the act itself of driving under the influence

Which of the following is an example of a conduct crime?

Jim was pulled over by the officer for erratic driving, given a breathalyzer test, and, consequently, arrested for driving under the influence.Correct. Since no harm was done to anyone or any property, Jim committed a conduct crime, which was the act itself of driving under the influence.

Which of the following BEST depicts a scenario in which the omission of an act would likely NOT result in criminal liability?

Johan's neighbor swallowed an entire bottle of pills in front of him in a suicide attempt. Johan did not call 911 or administer any aid. Although she did not die, the time that passed before anyone found the neighbor resulted in complications that left her in a coma.Correct. Unless there is a statutory "Bad Samaritan Law,", those who fail to come to the aid of another in peril are not liable for their death or injuries.

Josefa pointed a gun at her husband Tony and pulled the trigger. The bullet missed him completely; however, Tony suffered a heart attack at that moment and died. Josefa was acquitted. Which of the following is MOST LIKELY the reason why?

Josefa was acquitted because the prosecution could not demonstrate factual causation.Correct. Josefa was acquitted because the prosecution could not demonstrate factual causation.

Sal is out at a bar when he sees a rival gang member, Ken, who begins mouthing off to him. Sal and Ken begin fighting when Sal grabs a broken beer bottle and bashes Ken in the head. Sal takes off and Ken makes his way to the hospital. Once outside however, a shootout ensues and Ken is killed in the crossfire of other gang members. Sal is found not guilty of Ken's death due to _____________.

Ken's death being the result of an intervening causeCorrect.

Which of the following is TRUE in a federalist system?

Laws are made by the central governing authority AND by the constituent units.Correct. In a federalist system, laws are made by the central governing authority AND by the constituent units.

Manny drove off the car lot without realizing that the salesman never ran his credit card for the payment of the car. Which of the following has Manny done?

Made a mistake of factCorrect. Manny has made a mistake of fact.

Which of the following scenarios BEST exemplifies a violation of the principle of lenity?

Manuel was charged with cyberstalking his ex-girlfriend. The defense tried to argue that the statute Manuel was accused of violating was too vague, and could be interpreted in many different ways. However, the court used the ambiguity of the law to rule in favor of furthering the legislative priorities, rather than Manuel's and thus, found Manuel guilty.Correct. Vagueness in a statute that benefits the state is an example of a violation of the principle of lenity.

Which of the following is an example of a result crime?

Mark's trial was a short one. He was quickly convicted of murder since the body had been recovered and the evidence against him was so vast and undeniable.Correct. Mark actually did commit a murder, which is known because the body was recovered. This is an example of a result crime.

Which of the following examples correctly demonstrates a scenario in which factual causation does NOT exist?

Martha screams at her husband for being late for dinner, and her husband has a fatal heart attack.Correct. Since it cannot be demonstrated that the screaming was a "cause in fact" of the heart attack, there is no factual causation here.

Which of the following is the BEST example of a strict liability offense?

Martin sold the alcoholic beverages to a group of young men not realizing that they were not of the legal age to purchase alcohol.Correct. This is a strict liability offense. The act of selling alcohol to a minor is a crime, regardless of Martin's intent.

Which of the following examples of speech IS protected under the First Amendment?

Michael publicly challenged his opponent in the heated Senate race to a debate over the issues.Correct. A political speech such as this would be protected speech (assuming it was not laced with obscenities, fighting words, lies, etc.

Which of the following scenarios BEST exemplifies the principles of the Fifth Amendment protection against double jeopardy?

Monty was acquitted of murder charges during a trial in January. In July, new DNA evidence emerged implicating him. However, there was nothing the prosecuting attorney could do because Monty had already been found not guilty in his previous trial.Correct. The Fifth Amendment protection against double jeopardy is designed to ensure that a person who has been convicted or acquitted of a crime is not tried or punished for the same offense twice.

Which of the following can be accurately said about the death penalty in the United States?

Most states in the United States use the death penalty as a form of punishment.Correct. Most states in the United States do use the death penalty as a form of punishment.

Which of the following is considered a classic example of a result crime?

MurderCorrect. Murder is the classic example of a result crime because without the killing of another person one could not be convicted of murder.

Which of the following scenarios provides an example of an indirect protection?

Nancy was counting on her attorney's knowledge in believing that the charges against her would be dropped because of the vague and overreaching law from which they stemmed.Correct. The constitution's protection against overly vague or overreaching laws is an example of an indirect protection.

Alexis was only six months into her twenty-year prison sentence for manslaughter when her lawyer came to the prison to inform her that she was going to be charged with and tried for the killing of a second victim. If she is tried, will this be a violation of her protection against double jeopardy? Why or why not?

No, because the two charges are for two distinct crimes with two victims.Correct. There is no violation of the double jeopardy protection because the two charges are for two distinct crimes with two victims.

Which of the following BEST exemplifies the utilitarian perspective?

Officer Linkhorn had served on the community task force board for several years. The task force's goal is not only to help the community but also to help offenders reenter the community successfully.

When is it justified to use force to protect another person?

Only when intervention is necessary for the other person's protectionCorrect. In order for the use of force to protect another to be justified, there must be a belief that intervention is necessary for the protection of the other person.

What must a law do to be void for overbreadth?

Prohibit action that is protected by the ConstitutionCorrect. A law that prohibits action that is protected by the Constitution is a law void for overbreadth.

Which of the following BEST encapsulates the Eighth Amendment?

Prohibition of cruel and unusual punishmentCorrect. The Eighth Amendment prohibits punishment considered cruel and unusual.

What of the following represents the correct order of procedure during a criminal trial

Rebuttal can only occur after both sides have presented their evidence and witnesses.Correct. Rebuttal occurs after both the prosecution and the defense have presented their evidence and witnesses.

Which of the following is NOT true of double jeopardy?

Reprosecution is not permissible even in cases of mistrials.Correct. Reprosecution is permissible if a mistrial occurs over the defendant's objections and such reprosecution is a "manifest necessity."

Which types of crimes require the prosecution to prove causation in addition to concurrence between actus reus and the mens rea?

Result crimesCorrect. Result crimes require the prosecution to prove causation in addition to concurrence between actus reus and the mens rea.

Jonah, accused of assault and battery, knew that the witnesses testifying against him, many of whom were family members of the man he had assaulted, hoped to see him punished by confinement for the crime he had committed. What were the family members of his victim seeking?

RetributionCorrect. The family members of Jonah's victim are seeking retribution, which is the view that offenders must be made to suffer for their indiscretions.

Shakira is a defense attorney. She is currently defending a client who is facing charges of felony assault and battery. Which of the following is TRUE of Shakira's defense at trial?

She is not required to present evidence.Correct. The defense is not required to present evidence at trial.

Bobby has been charged with first-degree murder. Which of the following does the special part of the criminal law require the prosecution to prove beyond a reasonable doubt?

That Bobby intentionally killed another human beingCorrect. The special part of the criminal law requires a prosecutor to prove beyond a reasonable doubt that Bobby intentionally killed another human being.

Naomi is an attorney representing a bank in a civil suit. Because the trial she's involved in is a civil and not a criminal one, what does she need to demonstrate in order to win the case for her client, the plaintiff?

That the defendant was wrong, beyond a preponderance of the evidence

What important point did the Michael M. case raise?

That the government is not required to treat everyone exactly the sameCorrect. The important point raised by the Michael M. case was that the government is not required to treat everyone exactly the same.

What does factual causation require?

That there can be no criminal liability for a resulting harm unless it can be shown that the defendant's conduct was the cause in fact of the prohibited resultCorrect. Factual causation requires that there can be no criminal liability for a resulting harm unless it can be shown that the defendant's conduct was the cause in fact of the prohibited result.

Who among the following is NOT a member of the executive branch?

The Chief Justice of the Supreme Court of the United StatesCorrect. The Chief Justice of the Supreme Court of the United States is a member of the judicial branch.

Michael's attorney is filing a formal suit against the court for what he believes is an unreasonably high bail set for his client. Which of the following Amendments to the Constitution will Michael's attorney argue was violated?

The Eighth AmendmentCorrect. The Eighth Amendment protects against excessive bail.

Michele is worried that, even though she is soon to become a United States citizen, she will not be allowed to practice her religion and follow all of her religious beliefs. Which Amendment will Michele be relieved to know assures her this freedom?

The First AmendmentCorrect. The First Amendment protects the right to practice one's religion.

Angela was pulled over for speeding. She is nervous, because she has a small amount of marijuana in the glove box of her car. Which of the following Amendments to the Constitution will assure her that the police will not search her car and find her marijuana?

The Fourth AmendmentCorrect. The Fourth Amendment will protect Angela against an unlawful search and seizure of her marijuana.

Although Giselle won her case against the insurance company, she does not expect to receive the awarded damages anytime soon because the large corporation has appealed the case. Which of the following will Giselle be considered during the next trial?

The appelleeCorrect. Giselle is the appellee at the next stage of the court process because she is the party appealed against.

Frances works for the federal government. Thus, according Article I, Section 8 of the U.S. Constitution, what matters would Frances and his coworkers most likely NOT involve themselves in?

The criminalization of acts, such as prostitution.Correct. The federal government's law-making authority is limited, and it generally does not involve itself in criminalizing acts such as prostitution. This decision is left to the states.

How is the special part of the criminal law different from the general part of the criminal law?

The general part of the criminal law is made up of elements that are not unique to any one crime, whereas the special part of the criminal law is that part of the law that defines specific crimes.Correct. The difference between the special part of the criminal law and the general part of the criminal law is that the general part of the criminal law is made up of elements that are not unique to any one crime, whereas the special part of the criminal law is that part of the law that defines specific crimes

How is the special part of the criminal law different from the general part of the criminal law?

The general part of the criminal law is made up of elements that are not unique to any one crime, whereas the special part of the criminal law is that part of the law that defines specific crimes.Correct. The difference between the special part of the criminal law and the general part of the criminal law is that the general part of the criminal law is made up of elements that are not unique to any one crime, whereas the special part of the criminal law is that part of the law that defines specific crimes.

Doreen's lawyer informed her that her Eighth Amendment rights had been violated. Which of the following MOST LIKELY happened to Doreen?

The judge sentenced her to an excessively lengthy prison term.Correct. The Eighth Amendment protects against cruel and unusual punishment, which, in this case, would be an excessive sentence of jail time for the crime committed.

In determining whether a statute violates the equal protection clause, what is the basic premise of the "strict scrutiny" test?

The law must be narrowly tailored to serve a compelling government interest; and there must be no less restrictive alternative available.Correct. This is the basic premise of the "strict scrutiny" test

In deciding what length of prison term is appropriate, courts must consider all EXCEPT which of the following?

The statements of the victim's immediate family membersCorrect. In deciding what lengths of prison term is appropriate, courts need not consider the statements of the victim's immediate family members.

Donna has been informed by her defense attorney that the prosecution is likely to have met the mens rea requirement in their case against her. Which of the following reasons is LEAST likely to be the reason why?

There were witnesses.Correct. The fact that there were witnesses to an act or a crime does NOT necessarily mean that there was mens rea, which would much more likely be defined as intent, knowledge, negligence, recklessness, or malice.

What do the courts now do in order to determine whether a statute violates the equal protection clause?

They apply one of three tests.Correct. In order to determine whether a statute violates the equal protection clause, the courts now apply one of three tests: strict scrutiny, intermediate scrutiny, and rational basis

Which of the following is NOT true of the three basic elements to criminal liability?

They include due process.Correct. Due process is fair treatment through the judicial system; it is not among the three basic elements of criminal liability.

Daniel, a lead prosecutor in an important murder trial, has carefully stored the blood-stained clothing, bullet casings, and the firearm found at the scene of a crime. Which of the following is TRUE of these items?

They represent real evidenceCorrect. Because each of the items mentioned is tangible and can be perceived with the five senses, each is a piece of real evidence

The state of Louisiana passed a law making it illegal to demonstrate in the streets during any ongoing investigation into police brutality. The state passed this law in order to arrest the hundreds who had been protesting since the fatal shooting of an innocent man by police. What type of law would this be considered, and is it constitutional?

This law is an ex post facto law, and it is NOT constitutional.Correct. This law is an ex post facto law, and it is NOT constitutional.

Maxwell told John that he was "leaving to get an ax and would come back to chop him to pieces!" John was frightened that Maxwell would indeed come back to the park where he was picnicking and harm him. He was not, however, in imminent danger. Legally, what is John's BEST option?

To get in his car and leave the scene altogetherCorrect. John's BEST option is to get in his car and leave the scene.

Gary, the injured party, takes civil action against Cheryl, who negligently left cleaning fluid on the floor of her store causing Gary to slip and break his arm. Gary is seeking financial compensation for his medical bills. In this case, a ______ law has been violated.

Tort.....A tort is a private wrong or injury. A court, in a tort violation, will provide a remedy in the form of an "action" or a lawsuit between two parties, the victim and the negligent party, also known as a tort-feasor. Tort actions are brought by victims to compensate them for their injuries.

Which of the following is NOT one of the types of laws that have historically been scrutinized based on the void for vagueness doctrine?

Traffic lawsCorrect. Traffic laws have not been major targets of the void for vagueness doctrine.

Manuel is a resident of the state of Utah. His federal case has already been twice appealed. He is nervous, however, because his attorneys have told him that the hearing next week will be his last chance, and that his case can go no further after next week's appeal. Where will Manuel's case be heard next week?

United States Supreme CourtCorrect. Manuel's case is being heard next week at the United States Supreme Court.

When does an omission NOT satisfy the actus reus requirement

When a landowner fails to ensure that his building has the required number of exits, and a fire breaks out killing those who were unable to escape.

When can ignorance or mistake excuse criminal liability

When either manages to negate mens reaCorrect. Ignorance or mistake can—in very limited circumstances—excuse criminal liability if either manages to negate mens rea.

When can ignorance or mistake excuse criminal liability?

When either manages to negate mens reaCorrect. Ignorance or mistake can—in very limited circumstances—excuse criminal liability if either manages to negate mens rea.

When is an act considered voluntary

When it is in some way willed by the actorCorrect. An act is considered voluntary when it is in some way willed by the actor.

Which of the following is NOT an example of when ignorance or a mistake can serve as a defense to criminal liability?

When there is an honest misinterpretation of the law or criminal act in questionCorrect. Whether or not there is an honest misinterpretation of the law is usually not taken into consideration when ignorance or a mistake is at issue.

When has double jeopardy occurred?

When, for the same offense, a person is prosecuted after having been acquittedCorrect. Double jeopardy has occurred when, for the same offense, a person is prosecuted for a second time after their acquittal.

If William agreed to drive his friend's car across the border from Mexico into the United States, knowing that there were drugs inside, would he likely be guilty of a crime, and why?

Yes, because he would satisfy the mens rea component of the underlying offense.Correct. This act would, in fact, satisfy the mens rea component of the underlying criminal offense.

Harriet lives in a high-crime neighborhood. She wants to protect her home from intruders and burglars while she is away for three weeks. As such, she affixed a pistol to the wall facing both her front and back door. If an intruder enters the trigger is rigged to fire. This is illegal and is known as _______.

a spring gun.Correct

A downside of a dual court system is that it promotes complication and confusion as _________.

certain criminal acts violate both federal and state criminal laws.Correct. Certain criminal acts, such as those involving a firearm, violate both federal and state laws. This leads to confusion over where it is best to try offenders or whether they should be tried twice in both systems.

The death penalty is NOT considered permissible punishment in cases involving ________.

defendants under the age of 18. cases in which the defendant is found to be mentally retarded. in cases involving the rape of a victim.

Jose murdered a family of four in a home invasion. Today, he is being put to death by lethal injection. The family of the victims, in his case, did not care for rehabilitation of the offender. Instead they sought _______, in which the offender, Jose, should be made to suffer for his indiscretions.

retribution... The family in this case did seek retribution, a form of punishment which makes the offender suffer for his/her wrongdoings

The void for vagueness doctrine insists that laws be which of the following?

specificCorrect. The void for vagueness doctrine does insist that laws be specific.