Criminal Courts (U.S.) Quiz # 10

_____ is defined as under the common law, any intentional, unjustified, offensive physical contact, no matter how slight.

None of these

Reliable

Battery

Credible

_____ 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.

Burden of persuasion

None of these

To address a disputed factual matter

To address a disputed civil matter

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?

False

True

_____ 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.

Eighth

Burglary

None of these

Fourth

_____ 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.

Castle doctrine

Whether to accept a plea agreement

All of these

Whether to plead guilty

_____ 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.

All of these

Plea bargaining

Arrest

Causation

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?

False

True

_____ is a legally binding marriage despite the absence of legal documents; allowed in only a handful of states today.

Common-law marriage

To address a disputed factual matter

To address a disputed civil matter

All of these

_____ is defined as a doctrine that attempts to apportion the responsibility among each party.

Protecting rights of defendants

Plea bargaining

Comparative negligence

All of these

_____ is known as the union of intent and act in the criminal law.

Arrest

Concurrence

Plea bargaining

All of these

Is consent defense raised when the victim gives consent to suffer what would otherwise be considered a legal harm?

True

False

_____ is an agreement between two or more people for the purpose of committing a crime.

None of these

State supreme courts

The U.S. Supreme Court

Conspiracy

_____ 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.

Contributory negligence

Indirect

None of these

Strict scrutiny

_____ is known as the body of the crime.

All of these

Random cross section of the community

Corpus delicti

U.S. Supreme Court

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?

True

False

_____ is a test for whether the act was caused by the defendant’s mental illness. Also referred to as the product test.

Judge

None of these

Attorney general

Durham rule

_____ is defined as a right to use another’s real property for a limited purpose and time.

All of these

Easement

Administrative regulation

Legal sufficiency policy

_____ 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.

Bill of rights

All of these

Credible

Excuse defense

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?

False

True

_____ is the result of the act, the injury to another.

All of these

Real evidence

Harm

Direct evidence

_____ is defined as a broad, all-inclusive term for any killing of another human being.

Corpus delicti

All of these

Homicide

Random cross section of the community

_____ 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.

To address a disputed criminal matter

Insanity

To address a disputed civil matter

None of these

Is involuntary commitment the use of legal means to commit someone to a mental institution against his or her will?

True

False

_____ is test to determine whether the defendant was insane when he or she committed a criminal act.

None of these

Centralized

Irresistible impulse test

Common law

_____ is defined as when the defendant admits to the offense but states that what he or she did was not criminal.

Justification defense

Collaboration

None of these

Rehabilitation

_____ 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.

Larceny

All of these

Prosecutor

Judge

Is mala in se crimes that are universally condemned because they are inherently evil?

True

False

_____ is crimes that are defined as bad simply because they are forbidden.

Whether to testify

Mala prohibita

Whether to accept a plea agreement

All of these

_____ is defined as an intentional, premeditated (planned) killing.

Whether to testify

Whether to plead guilty

Malice aforethought

None of these

_____ is known as a second category of criminal homicide that includes both voluntary and involuntary manslaughter.

Bills of attainder

Ex post facto laws

All of these

Manslaughter