Criminal Courts (U.S.) Quiz # 11

Is mens rea “Guilty mind.” Liability generally does not attach based on action alone; there also must exist some sort of guilty mind?

True

False

_____ 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.

Have no effect on

None of these

Increase

M’naghten rule

_____ is defined as in relation to modern criminal law, it sets forth four levels of intent: purposeful, knowing, reckless, and negligent.

All of these

Model penal code

Combined

Mixed

_____ is known as the cause, or reason why an act is committed.

Mixed

Combined

Motive

All of these

Is murder is a killing that occurs (1) purposefully, (2) knowingly, or (3) recklessly under circumstances exhibiting extreme indifference to human life?

True

False

_____ is a failure to act with the appropriate level of care.

Negligence

Jury

All of these

Witness

_____ is defined as divorce granted without assigning fault for the breakup of the marriage.

No-fault divorce

All of these

Cross-examination

Hearsay

_____ 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.

Whether to accept a plea agreement

Castle doctrine

All of these

Nuisance doctrine

Is ordinary care the level of care required to avoid committing a negligent act and being civilly liable in tort?

True

False

_____ is a criminal law violates the overbreadth doctrine when it fails to narrowly define the specific behavior to be restricted.

Overbreadth doctrine

Private

None of these

Fixed-price

_____ is defined as person alleging that the defendant has harmed him or her in some way and who seeks damages for the injury.

Popular election

Plaintiff

None of these

Executive appointment

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

Testimonial

Product test

None of these

Non-testimonial

Is proof beyond a reasonable doubt this standard is used in criminal trials and means that the facts asserted are highly probable?

True

False

_____ 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.

Proof by a preponderance of the evidence

Collaboration

All of these

Rehabilitation

_____ 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.

Reliable

Bill of rights

All of these

Proximate cause

_____ is known as monetary awards beyond compensation that are designed to punish the defendant and to deter others.

Punitive damages

Dual-sovereignty doctrine

Bills of attainder

All of these

Is rape carnal knowledge of a person against his or her will?

False

True

_____ is land and items permanently attached to the land.

Real property

Malice aforethought

Whether to plead guilty

None of these

_____ 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.

All of these

Hearsay

Res judicata

No-fault divorce

_____ 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.

Trial sufficiency policy

Legal sufficiency policy

Retreat doctrine

All of these

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?

True

False

_____ is involves the intent to induce another to commit a crime.

Harm

Real evidence

All of these

Solicitation

_____ is defined as the doctrine that prohibits citizens from suing their government.

Coordinated

Sovereign immunity

Ad hoc

None of these

_____ 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.

All of these

Victim

Strict liability

Harm

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?

True

False

_____ 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.

Durham rule

Attorney general

Substantive law

None of these

_____ is defined as when multiple people each own an equal share of a piece of real property.

State supreme courts

Conspiracy

All of these

Tenancy in common

_____ is known as the body of civil law associated with harm caused to plaintiffs by the action or inaction of defendants.

Tort law

Sixth

None of these

First

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?

False

True

_____ is a code of law concerning contracts designed to standardize trade and contract practices among merchants and businesses.

Castle doctrine

None of these

Uniform commercial code

Nuisance doctrine