1. _____ is defined as one person cannot be held criminally responsible for conspiracy to commit a crime that, under the law, takes two to commit (e.g., gambling or prostitution)
Answer
Correct Answer:
Wharton’s Rule
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2. _____ is the intent to harm one person transfers when the offender instead harms someone else.
Answer
Correct Answer:
Transferred intent
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3. Is subjective personal perspective?
Answer
Correct Answer:
True
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4. _____ is known as no mens rea required to be punished; guilt attaches when the act is committed
Answer
Correct Answer:
Strict liability
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5. _____ is defined as the intent to bring about a desired result
Answer
Correct Answer:
Specific intent
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6. _____ is the procurement of others to commit a crime. The crime of solicitation is complete when one person entices another to commit a crime, regardless of whether the crime is completed.
Answer
Correct Answer:
Solicitation
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7. Is scienter knowledge that an offender must possess to be held criminally responsible for some crimes?
Answer
Correct Answer:
True
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8. _____ is known as manner whereby an actor consciously disregards a substantial and unjustifiable risk of harm that his behavior creates; the actor knows of the risk of harm and ignores it
Answer
Correct Answer:
Recklessly
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9. _____ is defined as having a specific intent or a desire to cause a specific result
Answer
Correct Answer:
Purposely
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10. _____ is an act from which the harm suffered was a reasonably foreseeable consequence
Answer
Correct Answer:
Proximate cause
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11. Is principle of legality government notice of what conduct is criminal by enacting criminal laws?
Answer
Correct Answer:
True
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12. _____ is known as the primary criminal actor who orchestrated and committed the crime
Answer
Correct Answer:
Principal to the crime
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13. _____ is defined as not a basis for criminal liability (e.g., alcoholic)
Answer
Correct Answer:
Personal status
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14. _____ is describes actions that deviate from the standard of care that a reasonable person would exercise
Answer
Correct Answer:
Negligently
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15. Is merger the combination of lesser offenses into a more serious crime on conviction for the more serious offense (e.g., battery merges into attempted murder)?
Answer
Correct Answer:
True
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16. _____ is known as a guilty mind; purposefully, knowingly, recklessly, negligently
Answer
Correct Answer:
Mens rea
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17. _____ is defined as a less serious offense that is included in the charge of a more serious offense (e.g., battery is subsumed under murder)
Answer
Correct Answer:
Lesser included offense
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18. _____ is actions that do not constitute a crime under the law
Answer
Correct Answer:
Legal impossibility
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19. Is knowingly mens rea state in which the actor takes certain actions not necessarily to bring about the desired result but with the substantial certainty that such a result will occur?
Answer
Correct Answer:
True
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20. _____ is known as an independent event that breaks the causal chain between the initial offender’s actions and the ultimate harm suffered
Answer
Correct Answer:
Intervening cause
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21. _____ is defined as incomplete crimes; attempt, solicitation, conspiracy
Answer
Correct Answer:
Inchoate crimes
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22. _____ is laws protecting medical workers from personal injury lawsuits when they assist an injured person
Answer
Correct Answer:
Good Samaritan laws
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23. Is general intent the taking of action, but not necessarily to bring about a specific result?
Answer
Correct Answer:
True
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24. _____ is known as a defense based on the physical impossibility of completing the crime (e.g., it is impossible to pick an empty pocket)
Answer
Correct Answer:
Factual impossibility
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25. _____ is defined as the underlying reason for the ultimate harm; “but for” (if not for) this initial act, the harm would not have occurred
Answer
Correct Answer:
Factual cause
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26. _____ is each part of a crime—the prohibited act(s) and the required mental state (except for strict liability crimes)—that must be proven to the jury for a finding of guilt
Answer
Correct Answer:
Element
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27. Is duty by statute a legal obligation imposed by law (e.g., remain at the scene of an automobile accident)?
Answer
Correct Answer:
True
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28. _____ is known as a legal obligation created by family relationships defined by marriage, birth, or adoption
Answer
Correct Answer:
Duty by relationship
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29. _____ is defined as a relationship created by contract that defines legal obligations between two or more parties, such as landlord/lessee or employer/employee
Answer
Correct Answer:
Duty by contract
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30. _____ is a set of circumstances from which a jury could infer that an offender had dominion and control over contraband, even if it was not in his physical possession
Answer
Correct Answer:
Constructive possession
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31. Is conspiracy an agreement by two or more people, often accompanied by an overt act, to commit a crime?
Answer
Correct Answer:
True
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32. _____ is defined as three-part test: (1) factual cause (but for?); (2) proximate cause (was the harm foreseeable?); (3) intervening cause (is there something external to the offender breaking the causal chain from the offender’s conduct to the ultimate harm?)
Answer
Correct Answer:
Causation
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33. _____ is those fact-specific situations that surround a crime (e.g., time of day, age of victim) that may help define the crime and its punishment
Answer
Correct Answer:
Attendant circumstances
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34. Is attempt an intent to commit a crime, or an act taken to commit the crime, without the crime having been completed?
Answer
Correct Answer:
True
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35. _____ is known as voluntary undertaking of a course of action on behalf of someone else, such as a bystander helping an accident victim
Answer
Correct Answer:
Assumption of the duty
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36. _____ is defined as a wrongful act; criminal responsibility attaches upon concurrence of actus reus with mens rea (a guilty mind)
Answer
Correct Answer:
Actus reus
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37. Is accessory before the fact one who helped a principal party plan to commit a crime but who was not present during its commission?
Answer
Correct Answer:
True
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38. _____ is known as one who helped a principal party after the commission of the crime
Answer
Correct Answer:
Accessory after the fact
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39. Intent to harm someone transfers if the perpetrator misses the original target and harms a bystander.
Answer
Correct Answer:
True
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40. The status of being a drug addict is a crime.
Answer
Correct Answer:
False
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41. A lesser included offense (LIO) is the more serious crime that is naturally a part of the less serious crime, for example, murder is an LIO of battery.
Answer
Correct Answer:
False
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42. The difference between specific and general intent is a “plus” factor that is often defined by what type of desire by the offender to bring about the specific result.
Answer
Correct Answer:
Subjective
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43. Which of the following is not legally recognized actus reus?
Answer
Correct Answer:
Convulsion
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44. The law that requires motorists involved in a car accident to stay at the scene until police arrive is an example of a(n) ______.
Answer
Correct Answer:
Duty by statute
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45. Possession crimes can be proven by showing the offender controlled the contraband and did not ______.
Answer
Correct Answer:
Terminate his possession
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46. To be legally actionable for the harm caused, the proximate cause must be reasonably ______.
Answer
Correct Answer:
Foreseeable
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47. Patti asked Paul if he would like to pay for sexual favors, which is the crime of solicitation, but by operation of Wharton’s Rule, Patti and Paul cannot be charged with the following crime ______.
Answer
Correct Answer:
Conspiracy to commit solicitation
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48. Offenders may be found guilty simply by performing the prohibited act in what type of crime ______.
Answer
Correct Answer:
Strict liability
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49. Rafael thought about killing his neighbor, Doris. One day, Rafael backed out of his driveway without looking and ran Doris over. Rafael cannot be charged with intentional murder because of the following legal requirement is missing ______.
Answer
Correct Answer:
Concurrence
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50. Those who help committing or concealing crimes are called ______.
Answer
Correct Answer:
Accessories
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51. Glen tried to pick a pocket that was empty. Glen was charged with attempted theft. In his defense, Glen may raise which of the following defenses?
Answer
Correct Answer:
Factual impossibility
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52. Demarcus while playing tag chased his friend Brian into oncoming traffic where Brian was hit by a car. Demarcus’s mens rea was ______.
Answer
Correct Answer:
Reckless
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53. In criminal law, the role of mens rea is to assign to an offender ______.
Answer
Correct Answer:
The amount of punishment they observe
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