Question 1
2 out of 2 points
Correct
Four criminals engage in a drug dealing enterprise, where all four are actively
dealing drugs together. When they are arrested the police find a fully automatic
Tech-9 weapon. The other three criminals stated they had no idea the fourth
criminal had a weapon. All four were charged in Federal Court.
During the investigation of this drug offense one of the criminals provided false
and misleading information to the police. This could fall under the category of:
Selected Answer:
Correctc. post-crime offenses.
Answers:
a. pre-crime offenses.
b. due process.
Correctc. post-crime offenses.
d. liability offenses.
Question 2
2 out of 2 points
Correct
For criminal conspiracy, proof of an overt act by a defendant:
Selected Answer:
Correctb. is required by most current state statutes.
Answers:
a. is unconstitutional.
Correctb. is required by most current state statutes.
c. is extremely difficult to prove.
d. was required under common law.
Question 3
2 out of 2 points
Correct
The most frequently charged anticipatory offense is that of:
Selected Answer:
Correcta. attempt.
Answers:
Correcta. attempt.
b. solicitation.
c. conspiracy.
d. obstruction of justice.
Question 4
2 out of 2 points
Correct
A person asking another to commit murder is guilty of:
Selected Answer:
Correctd. solicitation.
Answers:
a. conspiracy.
b. aiding.
c. abetting.
Correctd. solicitation.
Question 5
2 out of 2 points
Correct
Four criminals engage in a drug dealing enterprise, where all four are actively
dealing drugs together. When they are arrested the police find a fully automatic
Tech-9 weapon. The other three criminals stated they had no idea the fourth
criminal had a weapon. All four were charged in Federal Court.
The other three criminals can be charged with the fully automatic Tech-9 weapon
because:
Selected Answer:
Correcta. it was foreseeable and done in furtherance of the conspiracy.
Answers:
Correcta. it was foreseeable and done in furtherance of the conspiracy.
b. of the rebuttable presumption that if the leader of the group is guilty, all are
guilty.
c. in conspiracy cases, the rule is guilty until proven innocent.
d. of the conclusive presumption that if the leader of the group is guilty, all are
guilty.
Question 6
2 out of 2 points
Correct
Four criminals engage in a drug dealing enterprise, where all four are actively
dealing drugs together. When they are arrested the police find a fully automatic
Tech-9 weapon. The other three criminals stated they had no idea the fourth
criminal had a weapon. All four were charged in Federal Court.
In order for an action to be considered a post-crime offense, the action must:
Selected Answer:
Correcta. aid the person who committed the original crime.
Answers:
Correcta. aid the person who committed the original crime.
b. must in all cases be committed by someone other than the person who
committed the original crime.
c. be unrelated to the person who committed the original crime.
d. have been considered before the original crime was committed.
Question 7
2 out of 2 points
Correct
What principle of liability holds a defendant legally responsible for the unlawful
conduct of others that he aids and abets?
Selected Answer:
Correctb. Accomplice
Answers:
a. Party
Correctb. Accomplice
c. Accessory
d. Principal
Question 8
2 out of 2 points
Correct
A person who provides assistance to another who commits the crime is called
a/an:
Selected Answer:
Correctb. aider and abettor.
Answers:
a. co-conspirator.
Correctb. aider and abettor.
c. solicitor.
d. solicitee.
Question 9
2 out of 2 points
Correct
“A person who is a party to an agreement to commit an unlawful act,” is the
definition of a/an:
Selected Answer:
Correcta. conspirator
Answers:
Correcta. conspirator
b. abettor
c. aider
d. accessory after the fact
Question 10
2 out of 2 points
Correct
Four criminals engage in a drug dealing enterprise, where all four are actively
dealing drugs together. When they are arrested the police find a fully automatic
Tech-9 weapon. The other three criminals stated they had no idea the fourth
criminal had a weapon. All four were charged in Federal Court.
Under the rule the other three criminals can be charged with the fully
automatic Tech-9 weapon.
Selected Answer:
Correctd. Pinkerton
Answers:
a. Possession
b. Brinks
c. Rosa
Correctd. Pinkerton
Question 11
2 out of 2 points
Correct
The laws popularly called “three strikes and you’re out”:
Selected Answer:
Correcta. apply only to felony convictions.
Answers:
Correcta. apply only to felony convictions.
b. have been repealed in all states.
c. violate double jeopardy.
d. consistently violate the Eighth Amendment.
Question 12
2 out of 2 points
Correct
Bill is a student at the local high school. He was caught chewing tobacco in the
boys’ laboratory and sent to the principal's office. As punishment, the principal
made him swallow the wad of tobacco, which immediately made Bill throw up. Bill
went home and told his parents of the incident, and the next day they contacted a
lawyer.
Bill's parent's intend to sue the high school because:
Selected Answer:
Correctc. swallowing the tobacco violates Bill's Eighth Amendment rights.
Answers:
a. swallowing the tobacco violates Bill's right to equal protection.
b. swallowing the tobacco amounted to illegal forfeiture.
Correctc. swallowing the tobacco violates Bill's Eighth Amendment rights.
d. Bill was denied an attorney.
Question 13
2 out of 2 points
Correct
Bill is a student at the local high school. He was caught chewing tobacco in the
boys’ laboratory and sent to the principal's office. As punishment, the principal
made him swallow the wad of tobacco, which immediately made Bill throw up. Bill
went home and told his parents of the incident, and the next day they contacted a
lawyer.
Bill's lawyer then reads up on the case of Ingraham v. Wright and realizes that a
claim based on would not succeed.
Selected Answer:
Correctb. Bill's Eighth Amendment rights
Answers:
a. a substantive due process claim
Correctb. Bill's Eighth Amendment rights
c. a procedural due process claim
d. None of these choices.
Question 14
2 out of 2 points
Correct
Bill, who was forced to swallow chewing tobacco as punishment for chewing it in
the boys’ bathroom at high school, gets very angry thinking about the incident. He
decides to confront the school's principal after a few days, and the discussion gets
very heated. During the course of confrontation, Bill strikes the principal with his
fist, resulting in the death of the principal. Bill is arrested and now stands trial for
murder.
The prosecution argues the death penalty should be imposed due to Bill's history
of violence and wanton disregard for human life. The circumstances described are
circumstances.
Selected Answer:
Correctc. aggravating
Answers:
a. mitigating
b. arbitrary and illogical
Correctc. aggravating
d. random and capricious
Question 15
2 out of 2 points
Correct
The type of sentence where a defendant is ordered to serve two sentences in a
row is called a sentence.
Selected Answer:
Correctc. consecutive
Answers:
a. conditional
b. suspended
Correctc. consecutive
d. concurrent
Question 16
2 out of 2 points
Correct
The test is used to determine whether a sentence constitutes cruel and
unusual punishment.
Selected Answer:
Correcta. proportionality
Answers:
Correcta. proportionality
b. balancing
c. scales of justice
d. moderation
Question 17
2 out of 2 points
Correct
Bill is a student at the local high school. He was caught chewing tobacco in the
boys’ laboratory and sent to the principal's office. As punishment, the principal
made him swallow the wad of tobacco, which immediately made Bill throw up. Bill
went home and told his parents of the incident, and the next day they contacted a
lawyer.
Bill's lawyer asks Bill about how the principal decided Bill's guilt and punishment,
and asks to see a copy of the school's student conduct code. Bill's attorney is
trying to build a case based on:
Selected Answer:
Correctd. a procedural due process claim.
Answers:
a. a substantive due process claim.
b. Bill's Eighth Amendment rights.
c. a violation of enhanced sentencing guidelines.
Correctd. a procedural due process claim.
Question 18
2 out of 2 points
Correct
In the 1972 case of v. Georgia, the US Supreme Court struck down all state
death penalty laws as “arbitrary and capricious.”
Selected Answer:
Correcta. Furman
Answers:
Correcta. Furman
b. Ellison
c. Thomas
d. Cosgrove
Question 19
2 out of 2 points
Correct
is inflicting nondeadly physical injury as punishment for criminal conduct.
Selected Answer:
Correctd. Corporal
Answers:
a. Capital
b. Conditional
c. Forfeiture
Correctd. Corporal
Question 20
2 out of 2 points
Correct
The absence of fair procedures before corporal punishment is utilized on a public
school student would be a violation of:
Selected Answer:
Correcta. procedural due process.
Answers:
Correcta. procedural due process.
b. equal protection.
c. substantive due process.
d. the cruel and unusual punishment clause.
Question 21
2 out of 2 points
Correct
Public use of vulgar, profane, or indecent language or signs:
Selected Answer:
Correctb. is generally protected speech.
Answers:
a. violates the First Amendment only if it is offensive to the general public.
Correctb. is generally protected speech.
c. is never protected by the First Amendment.
d. is automatically considered a breach of the peace.
Question 22
2 out of 2 points
Correct
Mike is the local political agitator and has been on his soap box to denounce the
local mayor of the city where he lives. He claims the mayor has stolen from the
city treasury and calls on all citizens to march on city hall. During his speech, Mike
burns in effigy a likeness of the mayor. Mike was arrested by city police and
charged with inciting a riot and slander, as well as making threats against a public
official.
The city claims that Mike's demand that the citizens of the city march on city hall
is tantamount to:
Selected Answer:
Correctd. inciting.
Answers:
a. slander.
b. symbolic.
c. nuisance speech.
Correctd. inciting.
Question 23
2 out of 2 points
Correct
The First Amendment protects the freedom of religion, speech, free assembly, the
press, and:
Selected Answer:
Correcta. petitioning Government for redress of grievances.
Answers:
Correcta. petitioning Government for redress of grievances.
b. slandering Government for redress of grievances.
c. suing Government for redress of grievances.
d. libeling Government for redress of grievances.
Question 24
2 out of 2 points
Correct
Mike is the local political agitator and has been on his soap box to denounce the
local mayor of the city where he lives. He claims the mayor has stolen from the
city treasury and calls on all citizens to march on city hall. During his speech, Mike
burns in effigy a likeness of the mayor. Mike was arrested by city police and
charged with inciting a riot and slander, as well as making threats against a public
official.
Mike disputes the charges one by one, claiming the burning of the mayor's
likeness is protected speech.
Selected Answer:
Correctc. symbolic
Answers:
a. slander
b. hate
Correctc. symbolic
d. unpatriotic
Question 25
2 out of 2 points
Correct
In determining whether something is obscene, the court will view the material
from the point of view of:
Selected Answer:
Correctb. the average person applying community standards.
Answers:
a. expert witnesses.
Correctb. the average person applying community standards.
c. a reasonable police officer.
d. a person well acquainted with art and literature
Question 26
2 out of 2 points
Correct
is NOT one of the guidelines for American courts to define obscenity
established in the 1973 case of Miller v. California.
Selected Answer:
Correcta. All of these choices.
Answers:
Correcta. All of these choices.
b. Whether the work or communication, taken as a whole, lacks serious literary,
artistic, political, or scientific value
c. Whether the work or communication depicts or describes, in a patently
offensive way, sexual conduct specifically defined by the applicable state law
d. Whether “the average person applying contemporary community standards”
would find that the work, taken as a whole, appeals to the prurient interest
Question 27
2 out of 2 points
Correct
The First Amendment does not protect:
Selected Answer:
Correctd. fighting words.
Answers:
a. commercial communications.
b. advertising.
c. political speech.
Correctd. fighting words.
Question 28
2 out of 2 points
Correct
The test is used by the government to ban speech because of its potential
for harm.
Selected Answer:
Correctb. clear and present danger
Answers:
a. overt and contemporary peril
Correctb. clear and present danger
c. contingent and imminent injury
d. obvious and current harm
Question 29
2 out of 2 points
Correct
The offense of injuring the character or reputation of another by oral or written
communication of false statements is:
Selected Answer:
Correctb. defamation.
Answers:
a. libel.
Correctb. defamation.
c. stalking.
d. slander.
Question 30
2 out of 2 points
Correct
has NOT been considered to be a “true threat.”
Selected Answer:
Correctc. Support of extreme political beliefs
Answers:
a. A terrorist threat
b. A threat against public officials
Correctc. Support of extreme political beliefs
d. A threat by schoolchildren against teachers or other students
Question 31
2 out of 2 points
Correct
The crime commonly charged when the victim causes the defendant to become
enraged to the point of losing normal self-control and killing is:
Selected Answer:
Correctc. heat of passion manslaughter.
Answers:
a. depraved-heart murder.
b. depraved-mind murder.
Correctc. heat of passion manslaughter.
d. felony murder.
Question 32
2 out of 2 points
Correct
A killer whose gunshot misses the intended victim but kills a bystander can be
convicted of the intentional murder of the bystander by use of the doctrine of:
Selected Answer:
Correctb. transferred intent.
Answers:
a. accidental murder.
Correctb. transferred intent.
c. common design.
d. concurrent mens rea.
Question 33
2 out of 2 points
Correct
If it appears the victim may have provoked the killing, the defendant will likely be
charged with:
Selected Answer:
Correcta. manslaughter.
Answers:
Correcta. manslaughter.
b. felony murder.
c. depraved-mind murder.
d. first-degree murder.
Question 34
2 out of 2 points
Correct
When the body of the deceased is available, but doctors are unable to testify
specifically that the cause of death was due to an unlawful act:
Selected Answer:
Correctb. corpus delicti has not been proved.
Answers:
a. the defendant is still likely to be convicted of murder.
Correctb. corpus delicti has not been proved.
c. jurors may speculate as to cause of death.
d. the defendant will likely plead self defense.
Question 35
2 out of 2 points
Correct
DOES NOT require specific proof of intent to kill.
Selected Answer:
Correctd. Allof these choices.
Answers:
a. Reckless homicide
b. Second degree murder based on intent to do serious bodily injury
c. Involuntary manslaughter
Correctd. Allof these choices.
Question 36
2 out of 2 points
Correct
Reginald was passed over for promotion at the law firm where he worked, losing
out to Tammy who had worked at the firm longer. Reginald then had a sinister
idea. "If Tammy dies, then I would be promoted,"he thought. So he schemed to
kill Tammy by running her over in the parking garage. Instead, when his plot
unfolded, he hit an innocent bystander. The police arrested Reginald for murder.
Reginald argued he should not be charged with murder because he never
intended to kill the bystander, only Tammy. This argument fails because of the
doctrine.
Selected Answer:
Correcta. transferred intent
Answers:
Correcta. transferred intent
b. "deadly weapon"
c. intent to do bodily harm
d. depraved-mind
Question 37
0 out of 2 points
Incorrect
Sam has a heated argument over an affair he claims his wife is having with his best
friend. The argument escalates and Sam is overheard by the neighbors saying he
wished his wife were dead. After repeatedly trying to get from Sam what
happened to his wife, the best friend calls the police after two days, not seeing
Sam's wife during that time.
That Samwas in a heated argument with his wife before she turned up missing
establishes:
Selected Answer:
Incorrectd. a heat of passion defense for Sam.
Answers:
Correcta. Samwas responsible for his wife's death.
b. the starting date for the "year-and-a day" rule.
c. Sam’swife is dead.
d. a heat of passion defense for Sam.
Question 38
2 out of 2 points
Correct
If a person is killed during the commission of a felony not listed in § 1111, it is:
Selected Answer:
Correctc. not murder solely because of the felony committed.
Answers:
a. not murder.
b. None of these choices.
Correctc. not murder solely because of the felony committed.
d. murder solely because of the felony committed.
Question 39
2 out of 2 points
Correct
is the killing of a terminally ill or injured person who hasonly a short time
to live.
Selected Answer:
Correctd. Euthanasia
Answers:
a. A dignified death
b. Assisted ending
c. Suicide
Correctd. Euthanasia
Question 40
2 out of 2 points
*Correct
is the killing of one human being by another.
Selected Answer:
Correctb. Homicide
Answers:
a. Felony murder
Correctb. Homicide
c. Corpus delicti
d. Murder
