Criminal Law, 11Th Edition International Edition By Joel Samaha – Test Bank
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Sample Test
Chapter 3 Test Bank
The Criminal Act: The First Principle of Criminal Liability
MULTIPLE CHOICE
1. Criminal
conduct consists of how many elements?
|
a. |
two |
|
b. |
one |
|
c. |
six |
|
d. |
eight |
ANS:
B
REF: p.
95 OBJ:
1
2. The
majority of minor crimes against public order and morals do not include
|
a. |
mens rea. |
|
b. |
the voluntary requirement. |
|
c. |
actus reus. |
|
d. |
a legal duty to obey. |
ANS:
A
REF: p.
94
OBJ: 2
3. Criminal
conduct that qualifies for criminal punishment is the definition of
|
a. |
result liability. |
|
b. |
civil liability. |
|
c. |
criminal liability. |
|
d. |
conduct liability. |
ANS: C
REF: p.
94
OBJ: 1
4. Those
crimes requiring a criminal act triggered by criminal intent are
|
a. |
result crimes. |
|
b. |
conduct crimes. |
|
c. |
intentional crimes. |
|
d. |
felonies. |
ANS: B
REF: p.
95
OBJ: 2
5. Criminal
liability is defined as criminal conduct that qualifies for criminal:
|
a. |
punishment |
|
b. |
mens rea |
|
c. |
conspiracy |
|
d. |
murder |
ANS:
A
REF: p. 95
OBJ: 2
6. The
requirement that mental attitudes have to turn into deeds is called
|
a. |
manifest criminality. |
|
b. |
a voluntary act. |
|
c. |
mens rea. |
|
d. |
attendant circumstance. |
ANS:
A
REF: p. 97
OBJ: 4
7. Only
voluntary acts qualify as criminal
|
a. |
pro se. |
|
b. |
mens rea. |
|
c. |
actus reus. |
|
d. |
caveat emptor. |
ANS:
C
REF: p.
97
OBJ: 4
8. In
the English case King
v. Cogdon (1951), Mrs. Cogdon was acquitted of murder because
9. her
acts were done while asleep and thus were not voluntary.
10.
she was insane at the time of the crime.
11.
she did not cause the death.
12.
there was no concurrence between the acts and the result.
ANS:
A
REF: p.
100
OBJ: 4
9. Most
offenses that don’t require a mens
rea do include which of the following?
|
a. |
a moral but not legal transgression |
|
b. |
a lapse of good judgment but not
criminal |
|
c. |
a criminal omission |
|
d. |
an attendant circumstances element |
ANS:
D
REF: p.
96
OBJ: 3
10.
The character or condition of a person or a thing is known as
its
|
a. |
status |
|
b. |
reus |
|
c. |
manus |
|
d. |
prospectus |
ANS:
A
REF: p. 104
OBJ: 6
11.
Which doctrine imposes a legal duty to help or call for help for
imperiled strangers?
|
a. |
“Family Member” doctrine |
|
b. |
health care professionals rule |
|
c. |
the American Bystander rule |
|
d. |
the “Good Samaritan” doctrine |
ANS:
D
REF: p.
106
OBJ: 8
12.
Most states follow which of the following?
|
a. |
“Family Member” doctrine |
|
b. |
health care professionals rule |
|
c. |
the American Bystander rule |
|
d. |
the “Good Samaritan” doctrine |
ANS: C
REF: p.
107
OBJ: 8
13.
Which of the following are the two kinds of criminal possession?
|
a. |
actual possession and constructive
possession |
|
b. |
real possession and constructive
possession |
|
c. |
actual possession and fictional
possession |
|
d. |
actual possession and factual
possession |
ANS:
A
REF: p.
116
OBJ: 9
14.
Which type of possession is it when one has physical control of
banned stuff?
|
a. |
constructive possession |
|
b. |
actual possession |
|
c. |
knowing possession |
|
d. |
mere possession |
ANS:
B
REF: p.
116
OBJ: 9
15.
When you possess something you don’t know you possess, it is
called
|
a. |
constructive possession. |
|
b. |
actual possession. |
|
c. |
knowing possession. |
|
d. |
mere possession. |
ANS:
D
REF: p.
116
OBJ: 9
16.
Which of the following refers to who we are?
|
a. |
action |
|
b. |
Status |
|
c. |
possession |
|
d. |
Duty |
ANS: B
REF: p.
104
OBJ: 6
17.
Which of the following refers to what we do?
|
a. |
action |
|
b. |
status |
|
c. |
possession |
|
d. |
duty |
ANS:
A
REF: p.
104
OBJ: 6
18.
In Robinson
v. California (1962), the Supreme Court held that Robinson’s
conviction must be
|
a. |
upheld because his addiction resulted
from a voluntary act. |
|
b. |
upheld because people addicted to
narcotics are a danger to themselves
and
others. |
|
c. |
reversed because a person cannot be
punished for a status or condition. |
|
d. |
reversed because there was no showing
that Robinson was dangerous. |
ANS:
C
REF: p.
104
OBJ: 6
19.
The existence of a legal duty is what element of a crime?
|
a. |
attendant circumstance |
|
b. |
Adjunct |
|
c. |
concurrent |
|
d. |
permissive |
ANS:
A
REF: p.
106
OBJ: 8
20.
Which of the following is not one of the most
common of criminal possession crimes?
|
a. |
possession of weapons |
|
b. |
possession of illegal drugs |
|
c. |
possession of drug paraphernalia |
|
d. |
possession of child pornography |
ANS:
D
REF: p.
116
OBJ: 9
21.
The criminal law refers to a failure to act when there is a
legal duty to act as
|
a. |
an omission. |
|
b. |
a commission. |
|
c. |
a breach of contract. |
|
d. |
a refusal. |
ANS:
A
REF: p.
108
OBJ: 8
22.
A legal fiction turns what into an act, although it is really a
passive state?
|
a. |
legal duty |
|
b. |
omission |
|
c. |
possession |
|
d. |
convolutionism |
ANS:
C
REF: p.
115
OBJ: 9
23.
Legal duties can arise from
|
a. |
statutes, contracts, and omissions. |
|
b. |
statutes, contracts, and special
relationships. |
|
c. |
moral obligations that are generally
recognized. |
|
d. |
laws that require certain events to be
reported. |
ANS:
B
REF: p.
106
OBJ: 8
24.
If there is no criminal conduct, there’s no criminal
|
a. |
possession. |
|
b. |
liability. |
|
c. |
omission. |
|
d. |
issue. |
ANS:
B
REF: p.
94
OBJ: 1
25.
A friend of yours puts illegal drugs into your backpack without
your knowledge. This is known as
|
a. |
constructive possession of the drugs. |
|
b. |
knowing possession of the drugs. |
|
c. |
mere possession of the drugs. |
|
d. |
real possession of illegal drugs. |
ANS:
C
REF: p.
116
OBJ: 10
26.
What type of possession is required by most states before an act
can be criminalized?
|
a. |
knowing |
|
b. |
mere |
|
c. |
constructive |
|
d. |
perfunctory |
ANS:
A
REF: p.
116
OBJ: 10
27.
The concurrence element means that a criminal intent has to
|
a. |
trigger the criminal act. |
|
b. |
lead directly to the harm. |
|
c. |
be the legal cause of the result. |
|
d. |
flow from the act. |
ANS:
A
REF: p.
95
OBJ: 1
28.
Serious crimes that include (1) a voluntary act, (2) the mental
element (3) circumstantial elements, (4) causation and (5) criminal harm are
also called
|
a. |
harm crimes. |
|
b. |
mens rea crimes. |
|
c. |
causation crimes. |
|
d. |
bad result crimes. |
ANS:
D
REF: p.
96
OBJ: 2
29.
Some serious crimes include five elements. Which of the
following is not one of those elements?
|
a. |
a voluntary act |
|
b. |
the mental element |
|
c. |
causation |
|
d. |
omission |
ANS:
D
REF: p.
96
OBJ: 2
30.
For an omission to be considered a crime, what must exist?
|
a. |
a compulsion to act |
|
b. |
a legal duty to act |
|
c. |
a moral duty to act |
|
d. |
a necessity to act |
ANS:
B
REF: p.
97
OBJ: 8
31.
Which of the following cannot be a criminal act?
|
a. |
fantasizing |
|
b. |
speech |
|
c. |
possession |
|
d. |
omission to act |
ANS:
A
REF: p.
97
OBJ: 4
32.
What modern phrase comes from the ancient idea of manifest
criminality?
|
a. |
a bird in the hand is worth two in the
bush |
|
b. |
between a rock and a hard place |
|
c. |
stuck in a rut |
|
d. |
caught red-handed |
ANS:
D
REF: p.
97
OBJ: 2
33.
Which of the following is a voluntary act?
|
a. |
being addicted to the use of narcotics |
|
b. |
knowing possession |
|
c. |
attacking someone while sleepwalking |
|
d. |
assaulting someone while suffering from
automatism |
ANS:
B
REF: p.
116
OBJ: 4
34.
In the plurality opinion in Powell v. Texas (1967), the conviction
for public drunkenness was
|
a. |
affirmed because Powell was not
punished for being an alcoholic but for the act of being drunk in a public
place. |
|
b. |
affirmed because Powell was being
punished for being afflicted with alcoholism. |
|
c. |
reversed because Powell was being
punished for being a chronic alcoholic. |
|
d. |
reversed because Powell committed
no actus reus. |
ANS:
A
REF: p.
104
OBJ: 6
35.
Which of the following are the two kinds of criminal omission?
|
a. |
failure to observe and failure to
intervene |
|
b. |
failure to report and failure to
observe |
|
c. |
failure to move and failure to
intervene |
|
d. |
failure to report and failure to
intervene |
ANS:
D
REF: p.
106
OBJ: 8
36.
Which of the following is not one of the four building
blocks of criminal codes?
|
a. |
criminal act |
|
b. |
criminal intent |
|
c. |
concurrence |
|
d. |
bad intent |
ANS:
D
REF: p.
94
OBJ: 1
37.
Crimes requiring a criminal act triggered by criminal intent are
called
|
a. |
bad intent crimes |
|
b. |
public order crimes |
|
c. |
conduct crimes |
|
d. |
special crimes |
ANS:
C
REF: p.
95
OBJ: 2
38.
Which of the following is the most prominent result crime?
|
a. |
criminal homicide |
|
b. |
criminal manslaughter |
|
c. |
criminal rape |
|
d. |
criminal voyeurism |
ANS:
A
REF: p.
95
OBJ: 2
39.
Most statutes adopt what MPC rule?
|
a. |
one-voluntary-act-is-enough rule |
|
b. |
no-voluntary-act-is-enough rule |
|
c. |
any-voluntary-act-is-enough rule |
|
d. |
most-voluntary-act-is-enough rule |
ANS:
A
REF: p.
98
OBJ: 4
40.
Automatism is the name given to
|
a. |
unconscious bodily movements |
|
b. |
intoxicated bodily movements |
|
c. |
conscious bodily movements |
|
d. |
static bodily movements |
ANS:
A
REF: p.
100
OBJ: 4
41.
Defenses based on creating a reasonable doubt about the
prosecution’s proof of a voluntary act are called
|
a. |
fault-based defenses |
|
b. |
default-based defenses |
|
c. |
non-fault-based defenses |
|
d. |
voluntary-act-based defenses |
ANS:
A
REF: p.
100
OBJ: 5
42.
Which of the following is a status that is voluntary?
|
a. |
addiction |
|
b. |
sex |
|
c. |
race |
|
d. |
age |
ANS:
A
REF: p.
104
OBJ: 6
43.
According to the general principle of actus reus, every crime
has to include at least one
|
a. |
act |
|
b. |
voluntary act |
|
c. |
involuntary act |
|
d. |
intended act |
ANS: B
REF: p.
104
OBJ: 7
44.
The Supreme Court has left adoption of general principles of
liability and elements of specific crimes in criminal codes to
|
a. |
legislatures |
|
b. |
fact-finding commission |
|
c. |
the American Law Institute |
|
d. |
local courts |
ANS:
A
REF: p.
104
OBJ: 7
45.
Failure to act is a crime only when
|
a. |
there is a legal duty to act |
|
b. |
there are no police to do anything |
|
c. |
a law is specifically written to
address the act |
|
d. |
the failure to act is reported |
ANS:
A
REF: p.
106
OBJ: 8
Case 3.1
Bill is leaving work when a co-worker asks him to drop off a
package at the post office on his way home. The co-worker explains that he must
work late and can’t get to the post office before it closes. Bill stops at the
post office and is met by police officers with drug-sniffing canines who
discover the package his co-worker gave him contains cocaine.
46.
Bill is guilty of what kind of possession?
|
a. |
knowing possession |
|
b. |
mere possession |
|
c. |
concurrent possession |
|
d. |
constructive possession |
ANS:
B
REF: p.
116
OBJ: 10
47.
Bill would not be guilty of a crime in most states, because most
states require
|
a. |
knowing possession |
|
b. |
mere possession |
|
c. |
concurrent possession |
|
d. |
constructive possession |
ANS:
A
REF: p.
116
OBJ: 10
Case 3.2
John is a construction worker. He is walking down the street
when he notices two children playing in the street. John continues on his way.
Shortly after he passes, one of the children is hit by a car and killed.
48.
John is not guilty of a criminal omission based on
|
a. |
the Apprendi doctrine. |
|
b. |
the Good Samaritan doctrine. |
|
c. |
the American bystander rule. |
|
d. |
the ban on forced intervention laws. |
ANS:
C
REF: p.
107
OBJ: 8
49.
If John were the parent of the child who was killed, what kind
of criminal omission might he be guilty of?
|
a. |
failure to report |
|
b. |
failure to intervene |
|
c. |
failure to omit |
|
d. |
failure to launch |
ANS:
B
REF: p.
106
OBJ: 8
Case 3.3
Julio is sleeping on the couch in his living room when his wife
arrives home from work. He is having a nightmare in which a man is trying to
kill him. His wife bends towards him on the couch to give him a hug and a kiss.
Julio strangles his wife thinking she is the man in the dream.
50.
What kind of defense would Julio’s lawyer most likely use at
trial?
|
a. |
a fault-based defense |
|
b. |
an affirmative defense |
|
c. |
an actus reus defense |
|
d. |
a status defense |
ANS:
A
REF: p.
100
OBJ: 4
51.
Julio’s behavior during his dream is also known as
|
a. |
automatism |
|
b. |
somnambulism |
|
c. |
hypnotism |
|
d. |
paroxism |
ANS:
A
REF: p.
100
OBJ: 4
52.
Julio is not guilty because of what missing element?
|
a. |
a voluntary act |
|
b. |
a criminal harm |
|
c. |
a bad result |
|
d. |
a circumstantial element |
ANS:
A
REF: p.
121
OBJ: 2
Case 3.4
Ling expected his parents to buy him a car for his graduation
from high school. His parents did not buy him a car. After his graduation Ling
began to think of ways to murder his parents so that he could have his
inheritance. Ling decided to cut the brake line on his parent’s car before they
went to dinner. Ling cut the brake line and his parents died as a result of a
car crash due to the failure of the brakes in their car.
53.
The part of Ling’s crime in which he thinks about murdering his
parents is called
|
a. |
actus reus |
|
b. |
mens rea |
|
c. |
concurrence |
|
d. |
attendant circumstances |
ANS:
B
REF: p.
94
OBJ: 1
54.
The part of Ling’s crime in which he cuts the brake line is
called
|
a. |
actus reus |
|
b. |
mens rea |
|
c. |
concurrence |
|
d. |
attendant circumstances |
ANS:
A
REF: p.
94
OBJ: 1
55.
The triggering of the criminal act by the criminal intent is
called
|
a. |
actus reus |
|
b. |
mens rea |
|
c. |
concurrence |
|
d. |
attendant circumstances |
ANS:
C
REF: p.
95
OBJ: 2
TRUE/FALSE
1. If
there’s no criminal conduct, there’s no criminal liability.
ANS: TRUE
REF: p.
93
OBJ: 3
2. The
term actus reus refers
to the act element of a crime.
ANS:
TRUE
REF: p.
94
OBJ: 1
3. All
crimes have to include a criminal act. That’s why it’s the first principle of
criminal liability.
ANS:
TRUE
REF: p.
94
OBJ: 1
4. In Robinson v. California,
the Supreme Court stated that it would be cruel and unusual punishment to
punish someone for a disease or illness.
ANS: TRUE
REF: p.
104
OBJ: 6
5. Offenses
that don’t require a mens
rea do include an attendant circumstances element.
ANS:
TRUE
REF: p.
94
OBJ: 8
6. The
general principle of actus
reus includes a voluntary act.
ANS:
TRUE
REF: p.
94
OBJ: 4
7. Failure
to file income taxes is an example of a failure to intervene crime.
ANS:
FALSE
REF: p.
106
OBJ: 8
8. Under
the Good Samaritan rule, strangers have a duty to aid other strangers in
danger.
ANS:
TRUE
REF: p.
106
OBJ: 8
9. Legal
duties are created in three ways: statutes, contracts, and specific
relationships.
ANS:
FALSE REF:
p. 106
OBJ: 8
10.
An omission to act is a crime only if there was a legal duty to
do the act.
ANS:
TRUE
REF: p.
109
OBJ: 8
11.
A parent-child relationship is an example of a “special relationship.”
ANS:
TRUE
REF: p.
109
OBJ: 8
12.
Criminal conduct is conduct that unjustifiably and inexcusably
inflicts or threatens substantial harm to individual or public interests.
ANS:
TRUE REF:
p. 120
OBJ: 3
13.
Constructive possession means the person has the item on them.
ANS:
FALSE
REF: p.
120
OBJ: 10
14.
Serious crimes include both a criminal act and mens rea.
ANS: TRUE
REF: p.
94
OBJ: 1
15.
Failure to act can never be a crime.
ANS:
FALSE
REF: p.
106
OBJ: 8
16.
We punish people for what they do, not for who they are.
ANS: TRUE
REF: p.
97
OBJ: 6
17.
A status or condition cannot be an actus reus.
ANS:
TRUE
REF: p.
94
OBJ: 6
18.
The requirement that attitudes have to turn into deeds is called
manifest criminality.
ANS:
TRUE
REF: p.
97
OBJ: 3
19.
The actus
reus requirement reserves the harsh sanction of the criminal
law for cases of actual danger.
ANS:
TRUE
REF: p.
94
OBJ: 3
20.
Criminal acts are voluntary bodily movements.
ANS:
TRUE
REF: p.
95
OBJ: 3
21.
Most states follow the Good Samaritan rule.
ANS:
FALSE
REF: p.
106
OBJ: 8
22.
It’s a rare crime that includes only a criminal act.
ANS:
TRUE
REF: p.
95
OBJ: 1
23.
Actus reus is
the criminal intent; the mental element in crime.
ANS:
FALSE
REF: p.
94
OBJ: 1
24.
Crimes requiring a criminal act triggered by criminal intent are
called result crimes.
ANS:
FALSE
REF: p.
96
OBJ: 2
25.
The most prominent result crime is criminal homicide.
ANS:
TRUE
REF: p.
96
OBJ: 2
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