SAMPLE EXAM QUESTIONS FOR CRIMINAL LAW
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1. Which of the following is not typically an intended function of criminal law?
A. defining and classifying crimes
B. preserving commitments to morality *
C. grading the severity of social harm
D. prohibiting and prescribing behavior

2. Who made the statement "Laws were made to be broken"?
A. Benjamin Franklin
B. John Jay
C. John Wilson *
D. Andrew Fenton

3. What's the essential difference between a Civil Wrong and Criminal Wrong?
A. Criminal Wrongs are treated by a paternalistic stance
B. Civil Wrongs require less government intervention in human affairs
C. One is more driven by Social Contract and the other by Natural Law
D. The government says there's a difference *

4. Which of the following statements is most compatible with the point of view of a Positive Law theorist?
A. the majority must lead society while the minority are guaranteed rights *
B. there are certain inalienable rights that can never be taken away
C. human intervention is all that counts; we can not hope for Divine intervention
D. citizens can take care of themselves; they need less government

5. Statutory Law is primarily about which function of law?

A. defining and classifying *
B. grading the severity of social harm
C. prohibiting and prescribing behavior
D. rationalizing the punishment structure

6. Natural Law in American society acts as a check or balance primarily on:

A. Statutory Law
B. Positive Law *
C. Common Law
D. Criminal Law

7. Which of the following would not be a societal interest protected by a Classification of Statutory Law system?

A. protection of public peace and order
B. maintaining separation of the species
C. preserving the public health and natural environment
D. ensuring the victim their right to feel whole again *

8. What is the societal interest for laws regarding crimes against habitation?

A. national security
B. safety and security *
C. peace, order, and tranquility
D. honesty and efficiency

9. What is the societal interest for laws regarding crimes against public morals?

A. health
B. safety and security
C. peace, order, and tranquility
D. tradition *

10. What main characteristic distinguishes the Criminal Law from all other types of law?

A. intimate connections with the concepts of justice, fairness, and equality
B. more stringent standards of proof
C. the moral condemnation of all of society *
D. adversarial process 

11. What does the phrase "nullum crimen sine poena" mean?

A. nothing comes from crime without a price
B. no crimes occur without breaking the peace
C. not criminals but people are punished
D. no crime without punishment *

12. What was meant by the person who said "Criminal Law should be used as a last resort as a method of social control"?

A. values, beliefs, and folkways should be used as a first resort
B. the criminal law should be used to provide an impetus for positive, moral action *
C. social control methods should not be used at all if the criminal law is not used
D. the methods of law and social control are a matter of degree

13. Which of the following is an example of a prescriptive rule?

A. a law making it a crime to fail to leave the area when told by an official to do so *
B. a law that actually tempts people into committing crime
C. a law that prevents people from having the opportunity to obey the law
D. a law regarding the regulation, sale, use and abuse of prescription medicine

14. Prescriptive rules, and not proscriptive rules, are also known as:

A. Oxymorons
B. Ontologies
C. Oddities
D. Omissions *

15. What is the essential difference between "breaking the law" and "crime"?

A. breaking the law is just a rule violation, crime is a moral offense
B. breaking the law may be a lapse of judgment, but crime is something deeper *
C. breaking the law involves the inverse of the justice concept in crime
D. breaking the law creates sanctions while crime reinforces sanctions

16. What is the Tort Law equivalent of murder?

A. wrongful death *
B. accidental death
C. negligent death
D. liable death

17. It is sometimes said the Criminal Law is "amoral". What does this mean?

A. it tries to preserve all types of morality at any given point in history
B. it uses legal reasoning that goes against ethical reasoning
C. people who are known to be guilty are presumed innocent
D. a set of impersonal, rational rules are followed *

18. Crimes classified as "mala in se" would most likely involve things that are wrong at Natural Law and the:

A. Statutory Law
B. Common Law *
C. Positive Law
D. Tort Law

19. Which of the following is not a synonymous term for the highest standard of proof in Criminal Law?

A. moral certainty
B. beyond a reasonable doubt
C. 90-95% sure
D. preponderance of evidence *

20. Broadly defined, a crime punishable by a year or more in prison is called a:

A. liability
B. felony *
C. serious crime
D. infamous crime

21. What classification of crimes would typically involve "moral turpitude"?

A. serious misdemeanors
B. gross misdemeanors *
C. ordinary misdemeanors
D. petty misdemeanors

22. Which of the following would be associated with the idea of "Quasi-Criminal Law"?

A. the merger doctrine
B. Tort law
C. moral turpitude
D. infractions and fines *

23. Which type of jurisprudence means the study of law in action?

A. Scientific
B. Mechanical
C. Analytical
D. Legal Realism *

24. Which of the following elements of crime is most associated with blameworthiness?

A. Legality
B. Actus Reus
C. Mens Rea *
D. Causation

25. Which of the following theorists coined the word "cognoscibility"?

A. Jerome Hall
B. Roscoe Pound
C. Jeremy Bentham *
D. Max Weber

26. Which of the following is not a way to establish legality in a society?

A. cognoscibility
B. mechanicism *
C. rational-legal authority
D. rule of law

27. Which of the following is the fuzziest, most unclear concept?

A. actus reus
B. rule of law *
C. concurrence
D. proximate cause

28. What's the difference between a person thrusting their sword into someone standing still and someone holding their sword outstretched while the victims comes running into it?

A. the first event is a behavior while the second event is an action
B. the first event is an action while the second event is a behavior *
C. the causation of the first event is proximate while that of the second event is legal
D. the first event is a superceding cause while the second event is intervening

29. With which type of crime is it not necessary to prove mental intent?

A. Inchoate
B. Vicarious
C. Strict Liability *
D. Victimless

30. Which of the following is the strongest type of "cause" in Criminal Law?

A. causes in fact *
B. proximate causes
C. legal causes
D. superceding causes

31. Which kind of test is used by judges in determining a direct cause?

A. the foreseeability test
B. the "but for" test *
C. whether there are four or more intervening causes
D. whether there is one outstanding superceding cause

32. What's one of the differences between "motive" and "intent"?

A. motive is about understanding and intent is about blame *
B. motive is about blame and intent is about understanding
C. intent is a stronger presumption than intent
D. there is no difference, motive can substitute for intent

33. The three I's (Insanity, Infancy, and Involuntary) hold the status of ________ in Criminal Law.

A. Presumptions
B. Precedents *
C. Excuses or Justifications
D. Exceptions to the Free Will Assumption

34. Which of the following best expresses the idea of "culpability"?

A. blameworthiness
B. mental fault *
C. criminal liability
D. scienter

35. Which level of culpability according to the MPC requires the prosecutor to prove the element of "volition"?

A. purposely
B. knowingly *
C. recklessly
D. negligently

36. Which of the following requirements of punishment does the punishment rationale of rehabilitation not agree with?

A. painful and unpleasant *
B. prescribed by the law
C. administered intentionally
D. administered by the state

37. Which type of accomplice aids, incites, or abets but is not physically present at the actual commission of a crime?

A. principal conspirator
B. accessory before the fact *
C. accessory after the fact
D. respondeat superior

38. Which of the following crimes does the law NOT recognize accomplices to?

A. homicide
B. sexual assault
C. treason *
D. assassination

39. Which group of accomplices are punished the least severely?

A. principal conspirator
B. accessory before the fact
C. accessory after the fact *
D. respondeat superior

40. According to the Pinkerton Rule, a person can be charged with:

A. both conspiracy to commit a crime and the crime itself *
B. either accessory before the fact or accessory after the fact, not both
C. either conspiracy to commit a crime or the crime itself, not both
D. both facilitation and solicitation since both are the same as being an accomplice

41. Which doctrine dispenses with the element of actus reus in the same way strict liability dispenses with the element of mens rea?

A. the doctrine of complicity
B. the doctrine of blameworthiness
C. the doctrine of culpability
D. the doctrine of respondeat superior *

42. What is the name for the rule that to be considered an accomplice, a person must be constructively present during commission of the crime?

A. the but for rule
B. the per se rule
C. the in-presence requirement rule
D. the mere presence rule *

43. Which mental state is implied is words like "abet"?

A. purposively *
B. knowingly
C. recklessly
D. negligently

44. Which of the following is NOT a defense to the crime of being an accomplice?

A. mistake of law *
B. mistake of fact
C. abandonment
D. withdrawal

45. Which type of defense to the crime of being an accomplice requires the person to repudiate the act voluntarily (not because of a fear of being caught) but because they thought it was wrong and attempted to thwart the crime by notifying authorities?

A. abandonment
B. withdrawal *
C. reconciliation
D. renunciation

46. Which of the following best describes a mistake of fact?

A. "I didn't know it was a crime"
B.  "I didn't believe he/she would do it"
C. "I knew things would turn out for the best" *
D. "I had a feeling he/she would get caught"

47. What does the word "inchoate" mean?

A. half-completed
B. half-hearted
C. underprepared
D. unripened *

48. Which of the following is NOT one of the three types of inchoate crimes?

A. attempt
B. conspiracy
C. fabrication *
D. solicitation

49. What kind of mens rea characterizes inchoate crimes?

A. strict liability
B. specific intent *
C. general intent
D. vicarious intent

50. With an attempted offense, how does the Model Penal Code (MPC) recommend that perpetrators be weeded out from plotters?

A. by looking at good fortune and bad luck
B. by considering the last act in a chain of events
C. by looking at whether the attempt can have no other purpose than crime
D. by requiring corroborating evidence of conduct which concurs with crime *

51. What type of defense is available for an attempted offense? 

A. abandonment
B. withdrawal
C. reconciliation
D. renunciation *

52. Which of the following would be an example of legal impossibility?

A. cruelty to animals
B. inhumane rehabilitation
C. self-murder
D. mannequin rape *

53. According to the Wharton Rule, to be charged with conspiracy means:

A. there must be at least one person involved with criminal intent
B. there must be at least two persons involved with criminal intent
C. there must be more than the minimum number required to commit the crime *
D. the number doesn't matter, it's the danger to society that's considered

54. What type of jury instruction would a judge typically make in a drug conspiracy case?

A. the supply-demand (Say's Law) instruction
B. the chain conspiracy instruction *
C. the wheel conspiracy instruction
D. the 4/5ths involvement instruction

55. What type of defense can be raised in conspiracy cases?

A. abandonment *
B. withdrawal
C. reconciliation
D. renunciation

56. At common law, what kinds of crimes should solicitation involve?

A. crimes against the person
B. crimes against property
C. crimes that involve public morals
D. crimes that breach the peace or obstruct justice *

57. What does the law call the words that a person must speak to be charged with solicitation?

A. list of words for adequate preparation
B. list of inducing words
C. list of proper utterances *
D. list of soliciting statements

58. Which of the following is a major problem in drug conspiracy cases?

A. entrapment defense works for one but not for another
B. possession sticks for one and distribution for another
C. co-conspirator immunity applies to one but not for another
D. lenient jury verdicts for one but not for another *

59. Why has self-defense been called a "perfect" defense?

A. it covers such a wide range of behaviors *
B. it automatically results in mitigating factors being considered
C. it triggers the reasonableness standard
D. it shifts the burden of persuation at trial

60. What's the difference between an excuse and a justification?

A. Excuses deny a mind-body connection and justifiations deny the innoble motive *
B. Excuses disprove mens rea and justifications disprove actus reus
C. Excuses diminish capacity and justifications enhance capacity
D. Excuses involve things like self-defense and justifications involve things like insanity

61. Which doctrine or rule is associated with the defense of self-defense?

A. choice-of-evils doctrine
B. retreat doctrine *
C. imminent necessity
D. outrageous conduct

62. Which of the following syndromes is most associated with self-defense?

A. Mother Lion syndrome *
B. Meek Mate syndrome
C. Adopted Child syndrome
D. Unhappy Gay Sailor syndrome

63. Which defense would be used in a cannibalism case?

A. public duty
B. necessity *
C. duress
D. intoxication

64. Condonation (forgiveness) by the victim is most likely to be brought up as an attempted defense of what type?

A. insanity
B. intoxication
C. mistake
D. consent *

65. In order for the defense of entrapment to occur, which of the following activities must police have used to initiate the encouragement of the crime?

A. talking the crime over with a talkative subject
B. secretly helping the suspect avoid apprehension
C. forming personal relationships and appealing to personal inducements *
D. supplying the person with the names of other people

66. Automatism is the preferred defense, instead of insanity, because why?

A. it's an automatic "walk" (perfect defense)
B. it's a combination of both excuse and justification
C. it constrains the volitional element, hence responsibility for crime
D. it covers a wider range of behaviors and/or conditions than insanity *

67. Which of the following involves "cold-blooded" murder?

A. 1st Degree Homicide *
B. 2nd Degree Homicide
C. Voluntary Manslaughter
D. Involuntary Manslaughter

68. Which of the following involves "sudden passion"?

A. 1st Degree Homicide
B. 2nd Degree Homicide
C. Voluntary Manslaughter *
D. Involuntary Manslaughter

69. Which grade of homicide would include Vehicular Manslaughter?

A. 1st Degree Homicide
B. 2nd Degree Homicide
C. Voluntary Manslaughter
D. Involuntary Manslaughter *

70. Which element of the law of Homicide is associated with the notion of "cooly and steadily"?

A. premeditated
B. deliberate *
C. intentional
D. provocation

71. What kind of circumstances will reduce a homicide in terms of degree?

A. compensatory
B. concurring
C. extenuating *
D. intervening

72. Causation in the law of Homicide would be best expressed by which of the following?

A. killing someone intentionally *
B. intending to kill somebody 
C. having the intent to kill
D. having a killing intent

73. What is the ancient Roman word for intention?

A. culpa
B. dolus *
C. disce
D. custos

74. Which of the following comes closest to the definition of assault?

A. harmful threats
B. hurtful statements
C. attempted battery *
D. false imprisonment

75. Which of the following would be an example of the crime of mayhem?

A. Involuntary tattooing *
B. Malicious threatening
C. Carnal knowledge
D. reckless endangerment

76. Which of the following is NOT an element in the crime of rape?

A. the circumstance of nonconsent
B. actus reus of force
C. actus reus of penetration
D. mens rea in words spoken *

77.  What substitutes for all the legal rape elements in Statutory Rape?

A. consent
B. age *
C. fondling
D. touching

78. Which degree of rape would involve "rough sex"?

A. 1st degree
B. 2nd degree
C. 3rd degree *
D. 4th degree

79. The crime of threatening is sometimes also called:

A. intimidation
B. stalking
C. terrorism *
D. coercion

80. States, like Pennsylvania, have combined what two kinds of threats?

A. coercion and threatening
B. coercion and intimidation
C. stalking and extortion
D. stalking and harassment *

81. What's the purpose of crimes against habitation?

A. to protect houses and other places where people sleep (dwellings)
B. to prevent the devaluation of property and things of material value
C. to promote the importance of home ownership
D. to protect the concept of "home" from social harms *

82. Who delivered the famous speech in the English House of Commons that "a man's home is his castle"?

A. Sir William Blackstone
B. Lord Pitt *
C. Lord Founteroy
D. Sir Henry Blake

83. Common law burglary evolved from what other common law crime?

A. Vandalism
B. Arson
C. Trespass *
D. Vagrancy

84. Which of the following is NOT an element of common law burglary?

A. Breaking
B. Entering
C. Invasion *
D. Nighttime

85. Entering a structure by some unusual means, such as via a chimney, would be considered and example of ____________ entry.

A. steathful
B. surreptitious
C. mitigated
D. constructive *

86. What is the only valid defense for breaking & entering?

A. entrapment
B. consent *
C. abandonment
D. withdrawal

87. Which of the following would probably NOT qualify as a burglary?

A. a person sends a trained monkey through a window to open a door
B. a person uses a long stick through a window to open a door
C. a person convinces a drunken passerby to smash down a door
D. a person gets a 6-year old child to crawl thru a window to open a door *

88. The imaginary geometric plane that defines the physical confines of a home is called a:

A. close *
B. curtilage
C. corner
D. setback line

89. Attempted entry into a dwelling would most likely be an offense in states that had which of the following entry requirements?

A. strict entry
B. unprivileged entry
C. surreptitious entry
D. eliminated entry *

90. Which of the following matters the most in defining a "dwelling" under most statutory law?

A. whether or not the structure is inhabited
B. whether or not the structure is occupied
C. whether or not someone sleeps in the structure
D. whether or not the structure has character or is being used *

91. Which of the following would probably NOT be part of a curtilage?

A. a garage not attached to the house
B. a barn located near the house but accessible by its own driveway
C. a shed that is found near the outskirts of the property line *
D. a stable located fairly adjacent to the house

92. What is the name for the requirement in cases of marital dissolution that the remaining spouse must make efforts to control subsequent access (such as by changing the locks)?

A. surreptitious remaining requirement
B. unauthorized entry requirement *
C. separate domicile rule
D. joint severance rule

93. Technically, nighttime begins and ends exactly when?

A. one hour after sunset and one hour before sunrise
B. one-half hour after sunset and one-half hour before sunrise *
C. twenty minutes after sunset and twenty minutes before sunrise
D. ten minutes after sunset and ten minutes before sunrise

94. Most states have replaced the nighttime element of burglary with what other concept?

A. concealment
B. disguise
C. intrusion
D. stealth *

95. Felonious intent must be present at what stage of the burglary?

A. prior to entry
B. at the point of entry *
C. looking around
D. wrongful taking

96. The intent to steal can be inferred from all but WHICH of the following?

A. unlawful entry *
B. forcible entry
C. point of entry
D. time of entry

97. Which degree of burglary would also involve a crime of moral turpitude?

A. 1st degree burglary
B. 2nd degree burglary
C. 3rd degree burglary *
D. 4th degree burglary

98. States that still have the crime of Breaking & Entering (B & E) on the books have probably tried to primarily avoid what?

A. determining exactly when the intent to steal takes place
B. ranking the degree of danger to any occupants
C. grading the penalties in terms of felonies and misdemeanors
D. defining what a dwelling consists of *

99. Which type of burglary-related crime has the widest variation in terms of potential penalties across the 50 states?

A. aggravated burglary
B. commercial burglary
C. possession of burglar tools *
D. smash and grab

100. The crime of defiant trespass has its origins in what other area of law?

A. family law *
B. tort law
C. contract law
D. property law

101.  Under some arson statutes, what is it called when there's only smoke damage?

A. sooting *
B. smearing
C. scorching
D. charring

102. It's important to look for the word "OR" sandwiched between what two (2) words in determining what constitutes an arson in each state?

A. attempted OR completed
B. actual OR constructive
C. setting OR burning *
D. damage OR destruction

103. The least blameworthy state of mind in arson is:

A. maliciously
B. purposely
C. knowingly
D. recklessly *

104. Which degree of arson do most states usually reserve their harshest penalties for?

A. Pyromania
B. Revenge arson
C. Arson with intent to defraud *
D. 1st degree arson

105. The crime of malicious mischief requires all but WHICH of the following elements?

A. physical damage
B. inanimate object *
C. impaired utility
D. material diminishment

106. What does the law usually look at first with crimes that are typically committed by juveniles?

A. mens rea or mental state
B. incorrigibility or waywardness
C. justifications, excuses, or mitigating factors *
D. proximate or indirect causation

107. What is the term some states use to refer to school mischief?

A. Vandalism
B. Tampering *
C. Truancy
D. Instrumentalism

108. What type of property has always been the protected target of larceny laws?

A. real property
B. tangible property *
C. documents
D. services

109. Historically, what was England's last "hanging offense"?

A. burglary
B. theft
C. larceny *
D. robbery

110.  Under federal law, approximately how many different kinds of larceny-thefts are there?

A. 25
B. 50
C. 75
D. 100 *

111. About how many states follow the federal government, "consolidated" UCR approach and classify their thefts as "larcenies" of one sort or another?

A. 20 *
B. 25
C. 30
D. 35

112. Which crime against property is the only general intent crime?

A. larceny-theft
B. embezzlement-theft
C. extortion-theft *
D. false pretenses-theft

113. Which of the following is NOT an element of common law larceny?

A. wrongful taking
B. possession or control *
C. carrying away
D. intent to convert or deprive

114. Which of the following is NOT typically a level of taking under Theft law?

A. by trick
B. by deception
C. by fraud
D. by surrender *

115. Regarding the notion of "finder's keepers", most states have little known statutes that:

A. apply the concept of general intent to the finder
B. allow keeping items with a value under $50
C. require a reasonable effort to find the true owner *
D. establish "lost and found" procedures at police stations

116.  Which of the following best describes larceny (theft) by deception?

A. con game
B. price altering *
C. telemarketing ploy
D. loan swindle

117. What is the legal jargon for slightly moving an object?

A. asportation *
B. squatting
C. garnification
D. requifying

118. What best explains the phrase "larceny in one's heart"?

A. certain persons, without the right of surety, have no protected claims to custody or possession of another's property *
B. certain persons, usually by nature or temperament, cannot be trusted with custody or possession of another's property
C. persons with larcenous intent often commit larcenous actions
D. persons who commit certain larcenous actions commit greater social harms

119. Grand larceny usually involves property worth more than:

A. $100
B. $200
C. $300
D. $400 *

120. Which of the following must the owner of stolen property do?

A. report the stolen property within a specific time frame
B. identify the stolen property in open court *
C. produce their own experts to valuate the property
D. all of the above

121. New elements, like "substantial risk of loss", have been added to modern larceny statutes, primarily because:

A. of the difficulties in expert valuation of property
B. of the different kinds of property to be included
C. it helps to encompass cases like joyriding *
D. it keeps larceny as a specific intent crime

122. What's the name for the kind of relationship one must have with an owner of property to be charged with the crime of embezzlement?

A. speluchiary
B. fiduciary *
C. superlative
D. consummentative

123. Embezzlement is similar to larceny EXCEPT for what?

A. the element of taking is relaxed *
B. the element of moving an item is relaxed
C. the types of property are restricted
D. the number of experts is minimized

124. Which of the following is sometimes referred to as a "hybrid" crime?

A. Larceny-theft
B. Embezzlement
C. Robbery *
D. False pretenses

125. What is the main difference between larceny by trick and false pretenses?

A. Larceny by trick transfers possession; false pretenses transfers title *
B. Larceny by trick involves carrying; false pretenses involves taking
C. Larceny by trick tells a lie; false pretenses stretches the truth
D. Larceny by trick misrepresents the truth; false pretenses tells a lie

126. Which type of receiving stolen property is normally considered a single act only?

A. Receiving *
B. Possessing
C. Transferring
D. Trafficking

127. Why is the mens rea of receiving stolen property lessened so much?

A. because of the difficulties in proving the elements of being an accomplice to theft
B. because the MPC recommended it as a way to control the growth of theft law
C. because a person should be suspicious when they get "too good" a deal on something *
D. because of the rapid turnover of stolen good in the underground economy

128. Which of the following is the most common crime in the United States?

A. Burglary
B. Robbery *
C. Embezzlement
D. Extortion

129. Which of the following is NOT an element of common law robbery?

A. Taking
B. Carrying away
C. Person or in presence
D. Convert or deprive *

130. What is the specific kind of "control" that is required as an element of robbery?

A. constructive control
B. participative control
C. direct control *
D. trespassory control

131. Besides slightly moving an item away from its owner, what other requirement is normally associated with this element of robbery?

A. impossibility
B. compulsion
C. threat
D. all of the above *

132. What type of force does NOT count in some jurisdictions for robbery?

A. threats to the victim's body
B. threats to the victim's family
C. threats to the victim's dwelling *
D. threats to another person present

133. When does force normally have to be used during a robbery?

A. at the time of taking an item
B. to overpower a victim's resistance
C. when the victim feels intimidated
D. it doesn't matter; some states count escape as force *

134. Which degree of robbery is also called strong-arm robbery?

A. 1st degree *
B. 2nd degree
C. 3rd degree
D. 4th degree

135. What degree of robbery typically involves the use of accomplices?

A. 1st degree
B. 2nd degree *
C. 3rd degree
D. 4th degree

136. Which of the following statements is NOT true about extortion?

A. Extortion is the threat of some future harm
B. Extortion can be committed without contact between offender and victim
C. If the victim doesn't cooperate, the crime is attempted extortion *
D. Police corruption for personal gain often involves extortion

137. What is the social harm that fraud law exists to protect us from?

A. threats to representative democracy
B. threats to social stability and order *
C. threats to "home" and respite
D. threats to domestic tranquility

138. What do forgery and fraud offenses have in common with property crimes?

A. lying and misrepresentation
B. breach of duty or trust
C. cheating or deceiving *
D. falsification of documents

139. What do forgery and fraud offenses have in common with white collar crimes?

A. lying and misrepresentation
B. breach of duty or trust
C. cheating or deceiving
D. falsification of documents *

140. What is the main difference between forgery and fraud?

A. forgery involves falsification while fraud involves misrepresentation
B. forgery is usually intentional while fraud is usually negligent
C. forgery is a specific intent crime while fraud is a general intent crime *
D. forgery allows mistake of law while fraud allows mistake of fact

141. Which of the following is NOT an element of forgery?

A. false alteration *
B. ability to defraud
C. legal efficacy
D. intent to defraud

142. Which of the following would probably NOT qualify as a forgery?

A. a computer-generated academic transcript of a school never attended
B. a fake birth certificate with the false signature of a real doctor's name
C. a police ID card with small print that says "not for official use"
D. a real estate deed to swamp land in Florida that will dry up at some future date *

143. Which of the following would be a document of "social" significance, and exempt from forgery law?

A. a fake letter of reference for a job
B. a fake letter of introduction to a country club *
C. a fake autographed first edition of a book someone was willing to sell
D. a retouched photograph that someone uses to harass a co-worker

144. The requisite mental state for forgery is not intent to steal, but intent to:

A. complete a pretense
B. circulate a falsehood
C. acquire some gain
D. fool at least some people *

145. What does the phrase "possession is 9/10ths of the law" mean?

A. it refers to the negligence standard for receiving stolen property
B. it means that uttering a crime is the same as attempting a crime
C. it means that some crimes are complete with the making of something *
D. it highlights the importance of property under the criminal law

146. Which of the following would be the typical sequence of crimes in a case involving the underage purchase of alcohol with a fake ID?

A. forgery-uttering-illegal possession *
B. forgery-uttering-false pretenses
C. uttering-forgery-illegal possession
D. uttering-forgery-false pretenses

147. The crime of uttering has recently been expanded to include what behaviors?

A. lying about not having a criminal record on employment applications *
B. deceiving sexual partners by saying you don't have any STDs
C. creating a false expectation of matrimony in palimony cases
D. saying words that are known to be false about somebody

148. Passing "bad checks" is the same as the crime of:

A. forgery
B. uttering *
C. larceny by fraud
D. theft of goods or services

149. Every day, approximately how many "bad checks" are passed in America?

A. 0.8 million
B. 1.0 million
C. 1.3 million *
D. 1.5 million

150. What is the average upper limit that the law allows businesses to charge for passing a "bad check"?

A. double the amount of the check
B. triple the amount of the check *
C. quadruple the amount of the check
D. quintuple the amount of the check

151. Offenses with unusual names like "crash & carry" or "bait & switch" are examples of states articulating which element of the criminal law?

A. mens rea
B. actus reus *
C. causation
D. social harm

152. Which of the following best describes constructive intent under Fraud law?

A. criminally negligent
B. reckless or foreseeable
C. intentional by appearance *
D. intentional by inference

153. What type of fraud typically involves bribery?

A. bank fraud
B. consumer fraud
C. mail fraud
D. contract fraud *

154. What type of fraud simply requires any fraudulent purpose?

A. bank fraud
B. consumer fraud
C. mail fraud *
D. contract fraud

155. Where is the FBI's National White Collar Crime Center located?

A. Quantico, Virginia
B. Morgantown, West Virginia *
C. Baltimore, Maryland
D. Washington, D.C.

156. Which of the following "inchoate" offenses does Albanese include in his typology of "sophisticated" crimes?

A. cyber-crime
B. attempt
C. conspiracy *
D. solicitation

157. The general standard for "offensiveness" with public order crimes involves being offensive to what or which person's sensibilities?

A. society as a whole
B. community standards
C. reasonable man
D. reasonable person *

158. While most public order offenses are general intent crimes, some require:

A. specific intent
B. constructive intent
C. strict liability *
D. a special concurrence between intent and act

159. The purpose of "public nuisance" laws in modern times is normally to protect society from what?

A. unlawful congregations and assemblies *
B. threats to neighborhood integrity
C. incivilities and indecencies
D. the spiral of decay in communities

160. How many people are legally required to create an unlawful assembly?

A. 2
B. 3 *
C. 4
D. 5

161. How many people are legally required to create a riot?

A. 2
B. 6
C. 10 *
D. 12

162. Which type of public order offense requires the participants to be of high social status?

A. affray
B. rout
C. dueling *
D. breach of peace

163. The crime of "disturbing the peace" sometimes requires noise above what decibel level?

A. 45
B. 65
C. 85 *
D. 100

164. Which of the following is NOT an example of disorderly conduct?

A. fighting, threatening, or engaging in tumultuous behavior
B. vulgar words, gestures, or symbols *
C. obstructing a public access route or means of conveyance
D. creating a chemically noxious and unreasonable odor

165. Urinating or defecating in public is only illegal if what other element is present?

A. one's genitalia or anus must be open to public view
B. the act of urinating or defecating must be open to public view *
C. the spot where it is done must not be a common travel area
D. it must be done with a lascivious look on one's face

166. In states that have the crime of engaging in "gang activity", which of the following best represents the element closest to the common law?

A. signaling or acting as a lookout
B. trespassing or encouraging others to trespass *
C. possessing any weapon capable of inflicting serious injury
D. standing, sitting, walking, or gathering with a known gang member

167. Many jurisdiction prefer to handle their public order problems via:

A. public nuisance laws
B. public indecency laws
C. vagrancy statutes
D. civil abatement statutes *

168. Which of the following is the main problem with "public indecency" laws?

A. they make the status characteristics of persons a crime *
B. they are based on the fallacious notion of moral pestilence
C. they lump animal rights and human rights together in the same category
D. there is too much variation in the degree of community outrage

169. Which of the following is the prototypical "public indecency" crime?

A. abuse of animals
B. abuse of corpse
C. appearing nude in a "lewd or suggestive" way *
D. appearing drunk and disorderly in a loud fashion

170. What type of panhandling have the courts upheld it constitutional to pass laws against?

A. annoying panhandling
B. unfriendly panhandling *
C. sarcastic panhandling
D. persistent panhandling

171. Which of the following conditions is LEAST likely to be considered by the courts as a protected constitutional status?

A. homelessness
B. begging for food
C. alcoholism *
D. curfew violators

172. What is it that really offends society with consensual crimes of "public immoralities"?

A. the threat to legality and legitimacy
B. the volitional behavior of both parties *
C. the indirectness of social harm
D. the dispersion of proximate causation

173. "Public indecency" laws tend to fall into what two main categories?

A. regulation of sex & regulation of sex-related vice *
B. regulation of private vice & regulation of commercial vice
C. enforcement of natural law & enforcement of social contract
D. enforcement of vice zones & enforcement of vice behavior

174. Which types of public indecencies are prosecuted so rarely as to make the laws nonexistent?

A. bigamy and polygamy
B. buggery and bestiality
C. adultery and fornication *
D. incest and miscegenation

175. Which of the following set of crimes refers to an area where the Supreme Court has harshly struck down any attempt to have laws in that area?

A. bigamy and polygamy
B. buggery and bestiality
C. adultery and fornication
D. incest and miscegenation *

176. Which of the following is NOT an element of prostitution?

A. offering to engage or soliciting in
B. any sexual contact
C. for a fee
D. associated with a pimp *

177. Which of the following acts is most questionable from a constitutional standpoint if prostitution exists?

A. escort services
B. massage parlors
C. peep show booths *
D. streetwalking

178. Which type of public order laws have produced the most cases heard by the Supreme Court in recent years?

A. AIDS-breeding ground laws
B. Vagrancy and loitering laws
C. Prostitution laws
D. Obscenity laws *

179. The U.S. Decency Act of 1996 doubles the penalties for what kinds of circumstances?

A. internet child pornography *
B. lewd and lascivious lap dancing
C. strip clubs within one-half block of school zones
D. acts of mutual self-masturbation in peep show booths

180. Which of the following is NOT an element of the crime of obscenity?

A. reasonable man standard
B. contemporary community standards
C. appeal to prurient interests
D. clear and present moral harm *

181. Which of the following elements of obscenity law would apply to a store that displays dildos and vibrators out in the open instead of in a separate room?

A. reasonable man standard
B. contemporary community standards
C. appeal to prurient interests *
D. clear and present moral harm

182. Which area of public order law has the most uniformity between the states and between the states and federal government?

A. unlawful assembly
B. animal abuse/neglect
C. sex-related vice activity
D. controlled substances *

183. Which of the following is NOT normally a violation of controlled substance acts?

A. manufacturing or delivery of a controlled substance
B. possession with intent to deliver a counterfeit controlled substance
C. living in a dwelling resorted to by persons using controlled substances *
D. acquiring possession of a controlled substance by accident

184. Intent to deliver a controlled substance is determined by all but WHICH of the following?

A. having more than a "trace amount"
B. having other users of the drug over to your dwelling *
C. having baggies present in your dwelling
D. having lists or address books of customers

185. What drug charge would normally be brought against someone who operates as a "middleman" between distributor and dealer?

A. possession with intent to deliver
B. delivery with intent to traffick
C. simple delivery *
D. simple trafficking

186. What crimes have had a common law tradition of denying the accused a right to legal representation?

A. public immoralities
B. treason and/or terrorism *
C. crimes against justice
D. crimes involving breach of duty

187. What sedition law is currently in effect for the United States?

A. Blockberger Act of 1939
B. Smith Act of 1940 *
C. McCarthy Act of 1950
D. Kennedy Act of 1965

188. Which of the following is NOT an element of treason?

A. breach of allegiance
B. overt act of betrayal
C. specific intent
D. general intent *

189. At common law, how many witnesses are required to be called in cases of treason to testify about the traitor's intent?

A. 1
B. 2 *
C. 3
D. 4

190. Which of the following crimes describes leading a group of angry people to where they would be likely to destroy property?

A. terrorism
B. syndicalism
C. insurrection
D. rout *

191. Which crime against government also has a "uttering" version of it?

A. counterfeiting *
B. mutiny
C. espionage
D. tax evasion

192. What is the most common crime against the administration of justice?

A. resisting arrest *
B. escape
C. obstruction of justice
D. perjury

193. Which of the following terms describes "not reporting a crime"?

A. subornation
B. compounded
C. misprision *
D. embracery

194. Which of the following is NOT an element of perjury?

A. taking a oath
B. judicial proceeding
C. material issue
D. strict liability *

195. Which type of judicial contempt would a person normally be charged with for shouting obscenities at trial?

A. none
B. direct contempt *
C. indirect contempt
D. injunctive contempt

196. What is the name for the crime of wrongfully inducing a person to bring a lawsuit?

A. embracery
B. barretry *
C. champerty
D. subornation

Last updated: July 08, 2006
Not an official webpage of APSU, copyright restrictions apply, see Megalinks in Criminal Justice
O'Connor, T.  (Date of Last Update at bottom of page). In Part of web cited (Windows name for file at top of browser), MegaLinks in Criminal Justice. Retrieved from http://www.apsu.edu/oconnort/rest of URL accessed on today's date.