chapter 3

12 terms by migite51 

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American civil law is primarily concerned with:

A. compensating the injured party for harm
B. protecting the public against harm
C. controlling social values and mores
D. contracting legal obligations between aggrieved individuals

A. compensating the injured party for harm

What desire underlies the broad purposes of the criminal law?

A. Protect individual liberties and promote freedom.
B. Prevent and control unacceptable behavior and protect the citizenry.
C. Implement and enact the liberties set forth in the Bill of Rights.
D. Enact informal acts of moral censure for forbidden social acts.

B. Prevent and control unacceptable behavior and protect the citizenry.

Which of the following statements does not apply to criminal law?

A. Crime is a public offense.
B. The right to enforcement belongs to the state.
C. An offense under criminal law can also be taken to a civil court.
D. Both parties can appeal.

D. Both parties can appeal

The term stare decisis means:

A. an eye for an eye
B. inherently evil
C. a statute created by a legislative body
D. to stand by the rulings in decided cases

D. to stand by the rulings in decided cases

Which of the following is NOT legally considered a crime?

A. manufacturing dangerous drugs
B. selling dangerous drugs
C. being addicted to dangerous drugs
D. All of the above are legally considered crimes.

C. being addicted to dangerous drugs

Which of the following statements is false regarding the comparison of felonies and misdemeanors?

A. A felony is an offense generally punishable by death or imprisonment in prison, whereas a misdemeanor is generally punishable by a fine.
B. A person convicted of a felony may be barred from certain fields of employment or some professions, whereas a person convicted of a misdemeanor is not.
C. An arrest for a felony or misdemeanor may be made regardless of whether the crime was committed in the officer's presence, as long as the officer had reasonable grounds to believe that the person committed the crime.
D. Distinguishing between a felony and a misdemeanor is sometimes difficult.

C. An arrest for a felony or misdemeanor may be made regardless of whether the crime was committed in the officer's presence, as long as the officer had reasonable grounds to believe that the person committed the crime.

The individual's state of mind or intent to commit a crime is formally referred to as __________.

A. stare deisis
B. mala in se
C. mens rea
D. actus rea

C. mens rea

The term actus reus refers to ________.

A. measurement of mental ability
B. exclusion of omission
C. guilty person
D. guilty act

D. guilty act

Which legal standard of insanity solely considers whether the accused is able to distinguish right from wrong?

A. The Durham Rule
B. The substantial capacity test
C. The M'Naghten rule
D. The irresistible impulse test

C. The M'Naghten rule

What element must be present in order for the legal excuse (defense) of necessity to be valid?

A. The victim consented.
B. No means of escape were available.
C. The harm to be avoided was greater than the offense charged.
D. The offense was based on a presumptive conclusion of mens rea.

C. The harm to be avoided was greater than the offense charged.

A bank employee is forced to divert funds into a special account. Failure to cooperate will result in the execution of his family. Which legal defense would he use in this situation?

A. Duress
B. Entrapment
C. Necessity
D. Consent

A. Duress

Which constitutional amendment outlaws illegal searches and seizures by the police?

A. 1st
B. 4th
C. 5th
D. 8th

B. 4th

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