1. Question
:
(TCO 1) As new states came into the Union, their
legislatures adopted _______, which incorporated the common law to the extent
that it did not conflict with the federal or their respective state
constitutions.
reception statutes
writs of mandamus
bills of attainders
mergers
ex post facto laws
Question 2. Question
:
(TCO 1) At a minimum, due process requires fair notice and
a(n) _______.
appeal
fair hearing
swift and certain punishment
just compensation
reasonable accommodation
Question 3. Question
:
(TCO 1) In rendering interpretations of the law, appellate
courts generally follow precedent, in keeping with the common-law doctrine of
_______.
lex talionis
caveat emptor
amicus curiae
stare decisis
res judicata
Question 4. Question
:
(TCO 2) The Model Penal Code was published by this
organization of distinguished judges, lawyers, and academics.
Academy of Criminal Justice Sciences
National Center for State Courts
American Law Institute
Federal Judicial Center
American Bar Association
Question 5. Question
:
(TCO 2) In addition to the FBI, federal law enforcement
agencies include the _______.
Bureau of Alcohol, Tobacco and Firearms
Bureau of Indian Affairs
Customs Service
All of the above
None of the above
Question 6. Question
:
(TCO 2) Congress’s legislative power may divided into two
broad categories: enumerated powers and _______.
concurrent powers
inherent powers
plenary powers
implied powers
express powers
Question 7. Question
:
(TCO 3) The doctrine of _______ has been used by state and
federal courts to reverse numerous convictions where persons have been
prosecuted for merely advocating illegal acts.
time, place, and manner
clear and present danger
retreat to the wall
substantive due process
procedural due process
Question 8. Question
:
(TCO 3) A statute may be declared unconstitutional in that
it inherently impinges upon some constitutionally protected liberty or exceeds
the constitutional powers of government. This is referred to as its being
unconstitutional _______.
per se
as applied
quo warranto
ipse dixit
ipso facto
Question 9. Question
:
(TCO 3) To obtain a conviction, a prosecutor must normally
establish one, but not the other, of the following:
Sanity; character
Competency; conduct
Criminal intent; motive
Sanity; motive
None of the above
Question 10. Question
:
(TCO 4) Modern statutes generally view this party (the
_______) as being less culpable than one who plans, assists or commits a crime.
principal
accomplice
accessory before the fact
accessory during the fact
accessory after the fact
Question 11. Question
:
(TCO 4) The essential elements of a crime are _______.
motive and actus reus
actus reus and mens rea
motive and mens rea
motive and causation
causation and mens rea
Question 12. Question
:
(TCO 4) The intent to engage in a prohibited act and to
bring about the harmful results that occur from that act is termed _______.
general intent
specific intent
innocent intent
inchoate intent
incorporated intent
Question 13. Question
:
(TCO 5) The term corpus delecti refers to _______.
criminal intent
the standard of proof in a criminal case
the concept of strict liability
the criminal act
the body of the crime
Question 14. Question
:
(TCO 5) This crime usually requires proof of grossly
negligent conduct that results in the death of another.
Mayhem
Involuntary manslaughter
First-degree murder
Aggravated battery
Felonious assault
Question 15. Question
:
(TCO 5) The common law maxim of caveat emptor means _______.
let the seller beware
let the buyer beware
let the seller be fair
let the buyer be spared
let the seller be careful
Question 16. Question
:
(TCO 1) Explain federalism.
Question 17. Question
:
(TCO 2) Discuss how prosecutors exercise their broad powers
of discretion.
Question 18. Question
:
(TCO 3) Explain the difference between specific and general
intent.
Question 19. Question
:
(TCO 5) What is identity theft? Why have the Congress and
state legislatures enacted specific criminal prohibitions in this area? Would
identity theft be a crime in the absence of these new prohibitions?
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