Sub Law Final Flashcards

In 2007, the US government estimated that the number of undocumented
immigrants living and working in the US was over ____ million
A) 10
B) 12
C) 15
D) 18

B

T/F: Sometimes immigration officials may simply transport the
undocumented immigrant to a border and release that person without
formal prosecution
A) True
B) False

A

Laws are directed at people's actions in a court case or legislative
proceeding and used to punish people by a fine or imprisonment for
their unacceptable behavior (outburst in court, disrespecting the
judge, failure to appear in court)
A) Criminal contempt
B) Civil contempt

A

T/F: Prosecutions of breach only of a fiduciary duty CANNOT be
brought under honest services fraud
A) True
B) False

A

T/F: For those states that retain the mayhem crime, there is commonly
a requirement that there be an intent to maim or disfigure
A) True
B) False

A

T/F: Theft cannot occur until the defendant has in some sense
"taken" the property
A) True
B) False

A

T/F: Gathering or delivering defense information to aid a foreign
nation is the most serious offense
A) True
B) False

A

T/F: Because lower-ranking members actually committed most crimes
orders from higher officials, linking crimes to the leaders was rare
A) True
B) False

A

Laws are used by governments to force people to do what they are
lawfully required to do (answer questions, identify themselves, pay
support money)
A) Criminal contempt
B) Civil contempt

B

T/F: Elements of rape: The husband-wife exemption has been removed
A) True
B) False

A

T/F: The majority of states have a hate crime law
A) True
B) False

A

T/F: The use of force or threats generally does not negate consent
A) True
B) False

B

A homicide in which the killer subjectively but unreasonably believes
that his or her conduct was necessary; it does not justify the killing
but mitigates the guilty of the defendant from murder to manslaughter
A) perfect self-defense
B) imperfect self-defense

B

T/F: Many states have separate offenses for sexual relations with a
child under 12 years of age, generally making the punishment greater
A) True
B) False

A

____ is often charged when extreme negligence is present or reckless
conduct by the defendant brings about an unintended or accidental death
A) voluntary manslaughter
B) involuntary manslaughter

B

T/F: Evidence of prior false reports of rape is admissible and not
protected by rape shield laws
A) True
B) False

A

T/F: Robbery is forcible stealing
A) True
B) False

A

Substances in this schedule have no currently accepted medical use, a
lack of accepted safety for use under medical supervision, and a high
potential for abuse
A) Schedule 1
B) Schedule 2
C) Schedule 3
D) Schedule 4

A

T/F: Manslaughter = malice aforethought
A) True
B) False

B

T/F: Altering or changing price tags is shoplifting
A) True
B) False

A

T/F: In most jurisdictions, all victims need to do is voice or show
lack of consent (including inability to give consent) at any time so
that a reasonable person would know consent is not given
A) True
B) False

A

Occurs when a person unlawfully and knowingly enters the land or
building of another
A) Criminal trespass
B) Defiant trespass

A

T/F: The crime of uttering can also be committed with counterfeit
money or "raised" bills
A) True
B) False

A

Offering a gift or payment to another with the specific intent to
obtain some unlawful particular quid pro quo (giving something of
value for something else) for the gift or payment
A) larceny
B) intimidation
C) bribery
D) extortion

C

T/F: Sexual relations between a therapist and a patient can become a
crime in the US
A) True
B) False

A

Extreme negligence and failure to act can constitute involuntary
manslaughter: action is not unlawful, but done with criminal negligence
A) Voluntary manslaughter
B) Involuntary manslaughter

B

T/F: States making marijuana legal will not protect users from
federal prosecutions under federal laws
A) True
B) False

A

Requires acts intended to cause bodily injury, or instill such fear;
using any weapon to cause fear
A) Assault
B) Battery

A

Establishing an account at one bank and then writing a large check on
that account that is deposited into a second account at another bank
A) Check kitting
B) Forgery
C) Uttering

A

T/F: Agreement to deliver a controlled substance (even if the
substance delivered is a "simulation" or counterfeit drug)
A) True
B) False

A

Requires intentional infliction of bodily harm or unlawful touching
in a rude or offensive manner
A) Assault
B) Battery

B

T/F: RICO laws made it a crime to engage in activity designed to
further the interests of a criminal enterprise
A) True
B) False

A

forged check/ document submitted
A) forgery
B) uttering

B

Typically involves acting with extreme indifference to the value of
human life
A) first-degree murder
B) second-degree murder
C) depraved-heart murder

C

T/F: RICO laws made it a crime to belong to or own a criminal enterprise
A) True
B) False

A

A person is guilty of theft if he unlawfully transfers immovable
property of another or any interest therein with purpose to benefit
himself or another not entitled thereto
A) Movable property
B) Immovable property

B

T/F: Assault is an attempted battery
A) True
B) False

A

The defendant must have confined or restrained the liberty or freedom
of movement of another, such act must have been intentional and
without the consent of the victim, the defendant had no lawful
authority to confine or restrain the movement of the victim
A) False imprisonment
B) Hostage taking
C) Kidnapping

A

T/F: Voluntary manslaughter differs from murder charges in that it is
not accompanied by premeditation or malice and is based on
circumstances that mitigate the crime
A) True
B) False

A

T/F: Indiana has a separate workplace category for battery offenses
A) True
B) False

B

T/F: Regarding shoplifting, you have to leave the store for it to be
a crime
A) True
B) False

B

threaten bodily harm in the future
A) assault
B) threat
C) intimidation
D) extortion

D

Federal crime defined in the Constitution and could be used to
prosecute US nationals who join terrorist groups such as the Taliban
A) Treason
B) Sedition
C) Sabotage

A

T/F: Federal jurisdiction is possible under RICO if the underlying
acts do not affect interstate commerce
A) True
B) False

B

Actor intended to cause serious bodily harm such that death could be
a likely result; the actor's conduct, though without any intent to
death, was reckless
A) first degree murder
B) second degree murder

B

T/F: Predicate acts are committed for carrying out a greater crime
A) True
B) False

A

T/F: Heat of the moment and imperfect self-defense and necessity are
mitigating factors of voluntary manslaughter
A) True
B) False

A

Signs false name, alters document
A) Forgery
B) Uttering

A

____ does require that a victim be held against his or her will in
some fashion, and that the purpose of doing so is to force another to
perform some act, like pay a ransom, or allow the criminals to escape
A) Kidnapping
B) Hostage taking

B

T/F: Elements of rape: Corroboration is required in most states
A) True
B) False

B

T/F: Violent crimes can be prosecuted under RICO only if they were
done for the purpose of furthering the criminal enterprise
A) True
B) False

A

Requires proof of intent to cause physical injury; victim does not
need to be aware of act
A) Attempted battery
B) Attempted assault

A

Defined ____ to include more than one combination of actus reus and
mens rea
A) murder
B) manslaughter
C) voluntary manslaughter
D) negligent homicide

A

T/F: Prosecutions of classic property crimes CAN be brought under
honest services fraud
A) True
B) False

A

Federal crime directed at persons damaging or destroying national
defense property or materials
A) Treason
B) Sedition
C) Sabotage

C

The defendant can be held responsible for the death even though it
occurred in a different manner than intended by the defendant;
offender breaks into a house with an ax, homeowner dies of a heart
attack (not ax)
A) Cause in fact
B) Causation requirement
C) Proximate cause

C

Intending to kill and planning the result with "malice aforethought"
A) First-degree murder
B) Second-degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter

A

Heroin, LSD, marijuana, and ecstasy all belong in schedule ____
A) 1
B) 2
C) 3
D) 4

A

A person who knowingly or intentionally removes another person by
threat of force from one place to another; requires forcible movement
of the victim some distance
A) Kidnapping
B) Hostage taking
C) False imprisonment

A

Substances in this schedule have a high potential for abuse which may
lead to severe psychological or physical dependence
A) Schedule 1
B) Schedule 2
C) Schedule 3
D) Schedule 4

B

T/F: Premeditation is not always a requirement for intentional
murder, but can be the basis for a distinction in the degree of murder charged
A) True
B) False

A

____ can occur without force and outside the victim's presence
A) burglary
B) robbery
C) theft
D) stealing

C

Intending to cause death, but without planning the result or
intending to cause serious bodily injury, but not death
A) First degree murder
B) Second degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter

B

T/F: Being on life support makes the person dead
A) True
B) False

B

Substances in this schedule have a low potential for abuse relative
to substances in schedule 3
A) Schedule 2
B) Schedule 4
C) Schedule 5
D) Schedule 3

B

A homicide in which the killer subjectively but unreasonably believes
that his or her conduct was necessary or does not meet the
requirements of perfect self-defense
A) Perfect self-defense
B) Imperfect self-defense

B

T/F: Sometimes circumstances such as the victim being pregnant can
make a battery aggravated
A) True
B) False

A

T/F: Committing a crime by use of a "deadly weapon" is
usually a separate and more serious crime
A) True
B) False

A

T/F: Necessity or coercion is never a defense for taking another's
life, such circumstances in many state statutes may reduce the crime
to manslaughter
A) True
B) False

A

T/F: Virtually any kind of physical contact can constitute a battery,
so long as it is done in a manner that is nonconsenual and in a
hostile or belligerent manner
A) True
B) False

A

The homicide is either justifiable or excusable, and it carries no
criminal liability
A) perfect self-defense
B) imperfect self-defense

A

The unlawful use of force or violence or the unlawful threat of force
or violence to intimidate or coerce a government of all or part of the
civilian population A) US definition of terrorism
B) Indiana definition of terrorism

B

_______ is often charged when extreme negligence or wanton or
reckless conduct by the defendant brings about an unintended or
accidental death
A) Voluntary manslaughter
B) Involuntary manslaughter
C) First degree murder
D) Second degree murder

B

Substances in this schedule have a potential for abuse less than
substances in Schedules 1 or 2 and abuse may lead to moderate or low
physical dependence or high psychological dependence
A) Schedule 2
B) Schedule 3
C) Schedule 4
D) Schedule 5

B

Vicodin and Tylenol with Codeine are classified as schedule ____ drugs
A) 2
B) 3
C) 4
D) 5

B

_____ require showing that the official agreed to use his or her
official position for payment
A) larceny
B) bribery
C) extortion
D) bribery and extortion

D

Based on stealing a real person's identification information (true
name) or theft based on creating a fictitious person's identification
(synthetic identity)
A) aggravated identify theft
B) identity theft

B

White-collar crimes are a class or type of criminal conduct that is
solely motivated by
A) social status
B) economic gain

B

Burning of any building not occupied
A) First Degree Arson
B) Second Degree Arson

B

Deceitful means or acts used to cheat a person, corporation, or
governmental agency
A) fraud
B) white-collar crime
C) theft
D) larceny

A

T/F: Tamper has been used as extortion, to threaten companies and
create a basis for civil law suits
A) True
B) False

A

Use of copyrighted material in scholarship, research, teaching and
the classroom
A) trade secrets
B) fair use
C) infringing
D) intellectual property fraud

B

T/F: In order to prosecute it must be shown that the defendant's
actions were intended to be deceitful
A) True
B) False

A

T/F: Most program funds are covered by the False Claims Act
A) True
B) False

A

Elements include taking in the presence of or from the person of the
victim and is accomplished by force or threat of force or intimidation
A) theft
B) robbery
C) burglary
D) aggravated burglary

B

The threat must be of immediate bodily harm
A) robbery
B) burglary
C) stealing
D) extortion

A

a robbery of persons inhabiting a dwelling
A) home invasion robbery
B) burglary
C) car jacking

A

T/F: Defiant trespass occurs when a person unlawfully and knowingly
enters the land or building of another
A) True
B) False

B

T/F: Theft statutes make the severity of the offense depend on the
danger of the threat of force
A) True
B) False

B

T/F: Many states have added a "purse snatching" statute
that makes it robbery even if no additional force is used
A) True
B) False

A

____ is made more serious by the danger of the threat of force
A) theft
B) robbery

B

Former enters when individuals ARE at home
A) home invasion robbery
B) burglary

A

T/F: Staying behind after a business closes in unlawful entry
A) True
B) False

A

T/F: Entering into, or remaining in a building or premises without
the intent to commit a crime cannot be burglary, but does constitute trespass
A) True
B) False

A

T/F: Theft statutes make the severity of the offense depend on the
value of property taken
A) True
B) False

A