_____ is known as a statute is void for vagueness if it fails to clearly define both the act prohibited and the appropriate punishment in advance.
Answer
Correct Answer:
Void for vagueness
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_____ is defined as disorderly conduct in a group setting; this includes groups assembled in public without the necessary permits, as well as riots.
Answer
Correct Answer:
Unlawful assembly
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_____ is a code of law concerning contracts designed to standardize trade and contract practices among merchants and businesses.
Answer
Correct Answer:
Uniform commercial code
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Is transferred intent applies to situations where a person intended to harm A but in error harmed B. To prevent the defendant from escaping liability by claiming that he or she did not intend to hurt B and therefore the element of intent is missing, courts developed the concept of transferred intent. The concept means that the intent to harm a person who is not actually harmed is transferred to the person who is harmed?
Answer
Correct Answer:
True
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_____ is known as the body of civil law associated with harm caused to plaintiffs by the action or inaction of defendants.
Answer
Correct Answer:
Tort law
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_____ is defined as when multiple people each own an equal share of a piece of real property.
Answer
Correct Answer:
Tenancy in common
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_____ is the law of crimes. It is defined by statute, and it prescribes (what we should do) and proscribes (what we should not do) various types of conduct. It is that code of conduct that all in a society are expected to follow, such as prohibitions on murder, assault, and robbery.
Answer
Correct Answer:
Substantive law
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Is substantial capacity test when the defendant lacks substantial capacity to appreciate the wrongfulness of his or her conduct or know how to control it?
Answer
Correct Answer:
True
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_____ is known as imposes accountability without proof of criminal intent in situations where society deems it fair to do so, such as violations of drug and alcohol sales laws.
Answer
Correct Answer:
Strict liability
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_____ is defined as the doctrine that prohibits citizens from suing their government.
Answer
Correct Answer:
Sovereign immunity
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_____ is involves the intent to induce another to commit a crime.
Answer
Correct Answer:
Solicitation
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Is self-defense defense raised when the defendant has used force to repel an imminent, unprovoked attack that would have caused him or her serious injury. Self-defense may also apply to the defense of others or of property?
Answer
Correct Answer:
True
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_____ is known as a doctrine stating that a person must retreat rather than use deadly force in a situation if doing so is possible without endangering the person’s life.
Answer
Correct Answer:
Retreat doctrine
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_____ is defined as civil law analog of the prohibition against double jeopardy. Once a case has been through all possible appeals, it is decided forever.
Answer
Correct Answer:
Res judicata
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_____ is land and items permanently attached to the land.
Answer
Correct Answer:
Real property
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Is rape carnal knowledge of a person against his or her will?
Answer
Correct Answer:
True
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_____ is known as monetary awards beyond compensation that are designed to punish the defendant and to deter others.
Answer
Correct Answer:
Punitive damages
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_____ is defined as the legal principle that the criminal act is the one that is the most significant and it seems fair to hold the actor accountable for his or her actions.
Answer
Correct Answer:
Proximate cause
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_____ is this standard is used in civil trials and means that the facts asserted are more probably true than false. A relatively easy burden to meet.
Answer
Correct Answer:
Proof by a preponderance of the evidence
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Is proof beyond a reasonable doubt this standard is used in criminal trials and means that the facts asserted are highly probable?
Answer
Correct Answer:
True
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_____ is known as a test for whether the act was caused by the defendant’s mental illness. Also referred to as the Durham rule.
Answer
Correct Answer:
Product test
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_____ is defined as person alleging that the defendant has harmed him or her in some way and who seeks damages for the injury.
Answer
Correct Answer:
Plaintiff
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_____ is a criminal law violates the overbreadth doctrine when it fails to narrowly define the specific behavior to be restricted.
Answer
Correct Answer:
Overbreadth doctrine
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Is ordinary care the level of care required to avoid committing a negligent act and being civilly liable in tort?
Answer
Correct Answer:
True
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_____ is known as A doctrine that states that a property owner may not use his or her property in such a way that it has an unreasonable, adverse affect on other property owners.
Answer
Correct Answer:
Nuisance doctrine
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_____ is defined as divorce granted without assigning fault for the breakup of the marriage.
Answer
Correct Answer:
No-fault divorce
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_____ is a failure to act with the appropriate level of care.
Answer
Correct Answer:
Negligence
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Is murder is a killing that occurs (1) purposefully, (2) knowingly, or (3) recklessly under circumstances exhibiting extreme indifference to human life?
Answer
Correct Answer:
True
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_____ is known as the cause, or reason why an act is committed.
Answer
Correct Answer:
Motive
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_____ is defined as in relation to modern criminal law, it sets forth four levels of intent: purposeful, knowing, reckless, and negligent.
Answer
Correct Answer:
Model penal code
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_____ is the most common test for insanity and is realized if a defendant did not know either what he or she was doing or know that it was wrong.
Answer
Correct Answer:
M’naghten rule
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Is mens rea “Guilty mind.” Liability generally does not attach based on action alone; there also must exist some sort of guilty mind?
Answer
Correct Answer:
True
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_____ is known as a second category of criminal homicide that includes both voluntary and involuntary manslaughter.
Answer
Correct Answer:
Manslaughter
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_____ is defined as an intentional, premeditated (planned) killing.
Answer
Correct Answer:
Malice aforethought
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_____ is crimes that are defined as bad simply because they are forbidden.
Answer
Correct Answer:
Mala prohibita
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Is mala in se crimes that are universally condemned because they are inherently evil?
Answer
Correct Answer:
True
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_____ is known as the unlawful taking and carrying away of another’s personal property with the intent to permanently deprive the rightful owner of its possession. Includes taking by stealth, by force, by fraud, and by false pretenses.
Answer
Correct Answer:
Larceny
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_____ is defined as when the defendant admits to the offense but states that what he or she did was not criminal.
Answer
Correct Answer:
Justification defense
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_____ is test to determine whether the defendant was insane when he or she committed a criminal act.
Answer
Correct Answer:
Irresistible impulse test
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Is involuntary commitment the use of legal means to commit someone to a mental institution against his or her will?
Answer
Correct Answer:
True
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_____ is known as a legal term that describes mental illness. To be found insane, the defendant must prove that he or she has a mental illness and was unaware of either the consequences of his or her actions or did not know right from wrong.
Answer
Correct Answer:
Insanity
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_____ is defined as a broad, all-inclusive term for any killing of another human being.
Answer
Correct Answer:
Homicide
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_____ is the result of the act, the injury to another.
Answer
Correct Answer:
Harm
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Is felony murder under the felony murder rule, an individual may be held liable for an unintended killing that occurs during the commission of a dangerous felony, such as robbery or rape. In most states, felony murder is treated as second-degree murder. There is no requirement of intent to either kill or inflict serious injury?
Answer
Correct Answer:
True
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_____ is known as when a defendant admits what he or she did was wrong but argues that under the circumstances, he or she is not responsible.
Answer
Correct Answer:
Excuse defense
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_____ is defined as a right to use another’s real property for a limited purpose and time.
Answer
Correct Answer:
Easement
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_____ is a test for whether the act was caused by the defendant’s mental illness. Also referred to as the product test.
Answer
Correct Answer:
Durham rule
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Is disorderly conduct a catch-all phrase that has been held to include acts as diverse as public drunkenness, vagrancy, playing loud music, and fighting?
Answer
Correct Answer:
True
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_____ is known as the body of the crime.
Answer
Correct Answer:
Corpus delicti
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_____ is defined as a doctrine, once preeminent but now falling into disfavor, that holds that if an injured party was in any way partially responsible for the injuries, he or she is barred from recovering from a tortfeasor.
Answer
Correct Answer:
Contributory negligence
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_____ is an agreement between two or more people for the purpose of committing a crime.
Answer
Correct Answer:
Conspiracy
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Is consent defense raised when the victim gives consent to suffer what would otherwise be considered a legal harm?
Answer
Correct Answer:
True
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_____ is known as the union of intent and act in the criminal law.
Answer
Correct Answer:
Concurrence
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_____ is defined as a doctrine that attempts to apportion the responsibility among each party.
Answer
Correct Answer:
Comparative negligence
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_____ is a legally binding marriage despite the absence of legal documents; allowed in only a handful of states today.
Answer
Correct Answer:
Common-law marriage
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Is clemency also known as a pardon. The power to grant a pardon or clemency rests with the chief executive—the president at the federal level and the governor at the state level. Pardons can be issued for all manner of crimes?
Answer
Correct Answer:
True
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_____ is known as the legal principle that the criminal act is the act that is the cause of the harm. There are two types of causation: factual and legal.
Answer
Correct Answer:
Causation
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_____ is defined as an exception to the general rules of self-defense, stating that persons attacked in their home need not retreat from a potentially deadly invasion and/or attack.
Answer
Correct Answer:
Castle doctrine
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_____ is unlawful entry accompanied by the present intent to commit another crime once inside. It may occur at all hours of the day and is not limited to dwellings but also may occur in virtually any structure.
Answer
Correct Answer:
Burglary
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Is burden of production the obligation placed on one side in a trial to produce evidence, to make a prima facie showing on a particular issue. Also called burden of going forward?
Answer
Correct Answer:
True
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_____ is known as the burden placed on the party to convince the jury with regard to a particular issue. This requires that the prosecution provide enough evidence to secure a conviction. Also called burden of proof.
Answer
Correct Answer:
Burden of persuasion
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_____ is defined as under the common law, any intentional, unjustified, offensive physical contact, no matter how slight.
Answer
Correct Answer:
Battery
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_____ is the temporary transfer of possession of personal property to another for a particular purpose.
Answer
Correct Answer:
Bailment
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Is assault under the common law, assault was either (a) an attempt or (b) a threat to inflict immediate harm by a person with the present means of carrying out the attempt or threat?
Answer
Correct Answer:
True
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_____ is known as a legal determination that a valid marriage never existed between the parties.
Answer
Correct Answer:
Annulment
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_____ is defined as when the defendant asserts he or she is not the person who committed the act charged.
Answer
Correct Answer:
Alibi
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_____ is those defenses in which the defendant has the burden of production and the burden of persuasion.
Answer
Correct Answer:
Affirmative defense
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Is adverse possession doctrine that allows the user of another’s land to gain title to it simply by using it for a period of 7 years without objection by the landowner. The purpose of adverse possession is to encourage people to use their property and to take steps to protect their right to the land?
Answer
Correct Answer:
True
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_____ is known as a killing, which occurs after such provocation, as the law deems sufficient—that which could cause even a reasonable person to react violently.
Answer
Correct Answer:
Adequate provocation
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_____ is defined as a guilty act, refers to the three forms of the criminal act: (1) voluntary bodily movements, (2) an omission in the face of a duty to act, and (3) possession.
Answer
Correct Answer:
Actus reus
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_____ is also called “but for” cause. If the injury would not have occurred but for the defendant’s action, then there exists actual cause.
Answer
Correct Answer:
Actual cause
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Which of the following is NOT a classification of crime?
Answer
Correct Answer:
Crimes against majority
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Self-defense is an example of what kind of defense?
Answer
Correct Answer:
Justification
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Which of the following is a mala in se crime?
Answer
Correct Answer:
Shoplifting
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Which of the following is not a major category of civil law?
Answer
Correct Answer:
Liability
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The burden of production and persuasion rests with the prosecution in all criminal cases.
Answer
Correct Answer:
False
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Modern statutes retain the common law distinction of principle actors and accessories.
Answer
Correct Answer:
False
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Rape shield statutes restrict the introduction into evidence of a victim’s sexual history.
Answer
Correct Answer:
True
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Crimes of attempt are also referred to as inchoate crimes.
Answer
Correct Answer:
True
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Criminal intent must always be present for a crime to occur.
Answer
Correct Answer:
False
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Punitive damages are awarded as a punishment and to discourage the conduct of the type the defendant displayed.
Answer
Correct Answer:
True
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Nighttime entry is a necessary element of burglary.
Answer
Correct Answer:
False
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A law need not necessarily define appropriate punishment if the act being prohibited (or required) is clearly defined.
Answer
Correct Answer:
False
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Robbery is larceny by force.
Answer
Correct Answer:
True
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Certain behaviors fall into the category of both criminal and civil offenses.
Answer
Correct Answer:
True
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The primary purpose of criminal law is to seek restitution for the victim(s) of an offense.
Answer
Correct Answer:
False
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