criminal law questions : Solution Essays

QUESTION 1

1.   In the absence of a confession, mens rea is usually proven by circumstantial evidence

[removed] True

[removed] False

 

QUESTION 2

1.   In the absence of a confession, intent must generally be proven by __________ evidence.

[removed]

A.

peremptory

[removed]

B.

exclusive

[removed]

C.

referential

[removed]

D.

circumstantial

QUESTION 3

1.   The objective determination that the defendant’s act triggered a chain of events that ended as the bad result is called the

[removed]

A.

cause in fact

[removed]

B.

negligent cause

[removed]

C.

subsequent cause

[removed]

D.

total cause

QUESTION 4

1.   Different levels of blameworthiness are indicated by different types of intent.

[removed] True

[removed] False

 

QUESTION 5

1.   Fault that requires a “bad mind” in the actor is called

[removed]

A.

objective fault

[removed]

B.

subjective fault

[removed]

C.

no fault

[removed]

D.

concurrent fault

QUESTION 6

1.   Liability without fault or in the absence of mens rea is called:

[removed]

A.

strict liability

[removed]

B.

harm causation

[removed]

C.

offending behavior

[removed]

D.

wanton liability

QUESTION 7

1.   In strict liability cases, the prosecution has to prove only that the defendants committed a

[removed]

A.

voluntary act that caused the harm

[removed]

B.

voluntary civil act that caused harm

[removed]

C.

voluntary criminal act that caused harm

[removed]

D.

voluntary mistake that caused harm

QUESTION 8

1.   General intent is the intent to…

[removed]

A.

commit a criminal act

[removed]

B.

cause harm

[removed]

C.

make the act cause the harm

[removed]

D.

have the mens rea

 

QUESTION 9

1.   The mental element of a crime is called the:

[removed]

A.

mens rea

[removed]

B.

harm

[removed]

C.

actus reus

[removed]

D.

concurrence

QUESTION 10

1.   Intent to commit a criminal act as defined in a statute is called

[removed]

A.

general intent

[removed]

B.

personal intent

[removed]

C.

blameless intent

[removed]

D.

negligent intent

QUESTION 11

1.   Which of the following is not a type of culpability in the Model Penal Code?

[removed]

A.

purpose

[removed]

B.

knowledge

[removed]

C.

negligence

[removed]

D.

willfulness

QUESTION 12

1.   What is the ONLY crime defined in the US Constitution?

[removed]

A.

murder

[removed]

B.

rape

[removed]

C.

treason

[removed]

D.

forgery

QUESTION 13

1.   Another term for a criminal act is

[removed]

A.

mens rea

[removed]

B.

actus reus

[removed]

C.

de novo

[removed]

D.

pro bono

QUESTION 14

1.   What is the only direct evidence of a defendant’s mens rea?

[removed]

A.

a confession

[removed]

B.

a motive

[removed]

C.

a signed statement

[removed]

D.

polygraph examination

QUESTION 15

1.   Mistake is a defense whenever the mistake prevents the formation of any fault-based

[removed]

A.

prejudice

[removed]

B.

hate

[removed]

C.

animus

[removed]

D.

mens rea

QUESTION 16

1.   Factual cause is also known as which of the folowing?

[removed]

A.

“but for” cause

[removed]

B.

legal cause

[removed]

C.

proximate cause

[removed]

D.

intervening cause

QUESTION 17

1.   Proximate cause is a subjective question of fairness that appeals to the jury’s sense of:

[removed]

A.

justice

[removed]

B.

duty

[removed]

C.

fairness

[removed]

D.

guilt

QUESTION 18

1.   Recklessness requires awareness of substantial and unjustifiable risks.

[removed] True

[removed] False

QUESTION 19

1.   Ignorance of facts and law _____________ create a reasonable doubt that the prosecution has proved the element of criminal intent.

[removed]

A.

can

[removed]

B.

cannot

[removed]

C.

always

[removed]

D.

never

QUESTION 20

1.   Mens rea translated means “evil state of mind.”

[removed] True

[removed] False

 

 

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