Sub Law Final 2 Flashcards

A shoots B, intending to kill B, but misses and hits C, killing C. A
is guilty of intent-to-kill murder of C
A) Independent intervening cause
B) Subsequent cause
C) Transferred intent

C

Violent acts that would be crimes in the United States and are
intended to intimidate or coerce a civilian population, influence
government by intimidation or coercion, or affect government by mass
destruction, assassination, or kidnapping
A) US definition of terrorism
B) Indiana definition of terrorism

A

Substances in this schedule have a low potential for abuse and
consist primarily of preparations containing limited quantities of
certain narcotics
A) Schedule 2
B) Schedule 3
C) Schedule 4
D) Schedule 5

D

T/F: Elements of rape: Many kinds of coercion in addition to physical
force yields lack of consent
A) True
B) False

A

T/F: Both the common law and statutory law have defined murder to
include just 1 combination of actus reus and mens rea
A) True
B) False

B

T/F: The number of undocumented immigrants coming into the US is decreasing
A) True
B) False

B

The result would not have happened but for the conduct in question; A
shoots B, wounding him. To escape B jumps in a river and drowns. A's
actions are the _________ of B's death
A) Cause in fact
B) Proximate cause
C) legal cause

A

T/F: One who accidentally takes another's property is still a thief
A) True
B) False

B

T/F: It is estimated that 30% of all undocumented immigrants in this
country arrived here legally but then overstayed their visas
A) True
B) False

A

T/F: Child pornography does not need to be obscene in order to be criminal
A) True
B) False

A

T/F: In theory, one can steal one's own property
A) True
B) False

B

T/F: You can shoplift without leaving the store
A) True
B) False

A

T/F: It is not a crime to expose a child to sexually harmful
material, involving a child in sexual activities or contributing to
the delinquency of a child
A) True
B) False

B

T/F: In the majority of homicide cases, "cause of death"
must be determined to achieve prosecution
A) True
B) False

A

_____ typically involves no premeditation or deliberation
A) first-degree murder
B) second-degree murder

B

T/F: common law required transportation to be "out of the
county" to constitute kidnapping
A) True
B) False

A

T/F: The following are all legal basis to remain in the country:
married to a US citizen, have kids that are US citizens, hardship to
the family, must have a certain period of time in the US, must have a
limited to no criminal record
A) True
B) False

A

T/F: RICO laws generally require the government to prove that the
defendants committed or conspired to commit acts of racketeering
called predicate acts
A) True
B) False

A

A stabs B, inflicting serious wounds. C, a doctor, gives B too much
anesthetic and B dies. Who is guilty of homicide?
A) A
B) C

B

A person is guilty of theft if he takes, or exercises unlawful
control over, movable property of another with purpose to deprive him thereof
A) Moveable property
B) Immovable property

A

A stabs B, inflicting serious wounds. C, a doctor, gives B too much
anesthetic and B dies
A) Independent intervening cause
B) Subsequent cause

B

T/F: Where other crimes are committed such as robbery or rape,
movement of the victim for purpose of "adding on" a
kidnapping charge is very easy
A) True
B) False

B

T/F: Each time a stolen card is used is a new offense
A) True
B) False

A

T/F: "No Body" cases can still be prosecuted by
circumstantial evidence or confessions
A) True
B) False

A

Federal crime directed at persons conspiring to overthrow the US
government by violence
A) Treason
B) Sedition
C) Sabotage

B

A stabs B, causing an injury that will be fatal. C comes across the
dying B, robs him, and shoots him in the head, causing instant death
A) Independent intervening cause
B) Subsequent cause

A

T/F: Because of their official capacity, government officials have
the ability to commit many crimes private citizens would not normally commit
A) True
B) False

A

T/F: Little "RICO" are laws made by the state
A) True
B) False

A

T/F: Forgery is a theft crime related to written instruments or documents
A) True
B) False

A

T/F: Subornation of perjury and tampering with evidence are crimes
government officials can commit
A) True
B) False

A

Signs false names, alters document
A) forgery
B) uttering

A

T/F: In most states an honest mistake of fact about the victim's
consent is a defense, but this is NOT available for incest or
statutory rape
A) True
B) False

A

Use of a firearm and intent to commit a felony are aggravating
factors of
A) Assault
B) Battery

A

T/F: Corpus delicti means the body or substance of the crime
A) True
B) False

A

Occurs when the person unlawfully entering is given notice of the
trespass, but refuses to leave the premises
A) Criminal trespass
B) Defiant trespass

B

T/F: Sexual relations with someone 16 or younger, even if done with
consent, is still rape
A) True
B) False

A

T/F: Federal jurisdiction is possible under RICO if the underlying
criminal acts of organized/ gang crime affect interstate commerce
A) True
B) False

A

T/F: Corpus delicti does not need to be proved by the prosecution
A) True
B) False

B

Serious bodily harm and use of a deadly weapon are aggravating
factors of
A) Assault
B) Battery

B

T/F: Money laundering has been called the world's third largest business
A) True
B) False

A

T/F: The Securities Exchange Act makes it a crime to use a
"manipulative or deceptive" device or contrivance in
connection with a purchase or sale of a security
A) True
B) False

A

T/F: Many kinds of coercion in addition to physical force yields lack
of consent therefore rape
A) True
B) False

A

T/F: Indiana has a hate crime law
A) True
B) False

B

Unlawful entry into, or remaining in, a building with intent to
commit a crime
A) robbery
B) home invasion
C) burglary
D) theft

C

T/F: Money laundering makes knowingly entering into a "financial
transaction" involving property that is the proceeds of criminal activity
A) True
B) False

A

The federal statute requires that the defendant know the
identification document belongs to another person, though some state
statutes do not have this requirement
A) aggravated identity theft
B) identity theft

A

T/F: An attempt to force the transfer is extortion
A) True
B) False

A

T/F: Physically hurting a child is a passive element of child abuse
A) True
B) False

B

T/F: Under federal money laundering statutes, it is a crime to
knowingly engage a monetary transaction
A) True
B) False

A

If a person dies during the course of a different, but related,
felony being committed, the persons who committed the felony that
resulted in death will be charged with _____
A) Involuntary manslaughter
B) Voluntary manslaughter
C) Negligent homicide
D) Murder

D

T/F: Past sexual behavior of victim or sexual reputation is now
allowed in court under rape shield laws
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: Prior false reports of rape are covered by rape shield laws
A) True
B) False

B

T/F: During extortion, unlike robbery, a "taking" does not
need to occur
A) True
B) False

A

T/F: Kidnapping typically requires a forcible movement of the victim
"some distance"
A) True
B) False

A

Forged check/document submitted for payment
A) Forgery
B) Uttering

B

T/F: A felony murder conviction does not require a showing of malice
or deliberate intent to kill
A) True
B) False

A

Burning (or using an explosive on) a building where people are
present, or could be expected to be present
A) First Degree Arson
B) Second Degree Arson

A

T/F: Robbery may be achieved through intimidation of the intended victim
A) True
B) False

A

T/F: Counterfeit money crimes are all federal prosecutions
A) True
B) False

A

Requires 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) False imprisonment
B) Hostage taking
C) Kidnapping

B

T/F: Home invasion is different from burglary
A) True
B) False

A

T/F: In the federal act and in most states, possession is a crime if
done knowingly
A) True
B) False

B

T/F: Most states and federal government have felony murder statutes
A) True
B) False

A

Victim must ordinarily be apprehensive of the impending harm or
danger is not necessary in
A) Assault
B) Battery

B

________ differs from murder charges in that it is not accompanied by
premeditation or malice and is based on circumstances that mitigate
the crime
A) involuntary manslaughter
B) voluntary manslaughter

B

T/F: The US has the worst child abuse/ neglect record of any
industrialized nation
A) True
B) False

A

____ typically involves no premeditation or deliberation as in
first-degree murder
A) Involuntary manslaughter
B) Voluntary manslaughter
C) Negligent homicide
D) Second-degree murder

D

T/F: Carjacking cases did not fit easily into theft or robbery
criminal statutes because the thief often did not intend to keep the
car permanently
A) True
B) False

A

Oxycodone, Percocet, and hydromorphone are all classified as schedule
____ drugs
A) 1
B) 2
C) 3
D) 4

B

T/F: Unplanned and unintended deaths that occur during commission of
a felony can be charged as murder even with NO INTENT TO KILL
A) True
B) False

A

Death that occurs without intent, but as a result of unlawful activity
A) Involuntary manslaughter
B) Voluntary manslaughter
C) First-degree murder
D) Second-degree murder

A

T/F: The most dangerous drugs are in schedule 5
A) True
B) False

B

T/F: In the federal act and in most states, possession is a crime if
done unknowingly and knowingly
A) True
B) False

B

Threaten bodily harm in the future
A) robbery
B) intimidation
C) extortion
D) stealing

C

T/F: Even where conduct is not accompanied by the INTENT to kill or
cause serious bodily injury, extreme reckless acts showing a cruel
disregard for the risks created can be murder if another person dies
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

T/F: In most prosecutions, even a very small quantity, like the
residue on a pipe, suffices for a possession conviction
A) True
B) False

A

Xanax and lorazepam are classified as schedule ___ drugs
A) 2
B) 3
C) 4
D) 5

C

T/F: Delivery of a controlled substance is generally a lesser offense
than mere possession
A) True
B) False

B

T/F: Possession of a significant amount of an illegal drug is enough
for proof of intent to deliver
A) True
B) False

A

T/F: Some confessions may be dismissed in court
A) True
B) False

A

Theft, piracy, or counterfeiting of ideas, inventions, artistic
works, and the like that are protected by copyright patent and
trademark laws
A) trade secrets
B) infringing
C) fair use
D) intellectual property fraud

D

Typically, simply the threat of force (but no actual force) does not
constitute robbery
A) True
B) False

B

T/F: If force is actually used, no threat is needed
A) True
B) False

A

Reproducing or distributing the work without permission
A) fair use
B) infringing
C) intellectual property fraud
D) trade secrets

B

T/F: Possession, production, sale or solicitation of child
pornography is a crime
A) True
B) False

A

T/F: The False Claims Act applies to any person who fraudulently
submits a false claim, knowing it to be false
A) True
B) False

A

T/F: If acts are taken with the intent to cause the death of one
person, but another person dies, it is commonly held that the intent
to kill the first is "transferred: to the other, thereby
satisfying the intent requirement for intent-to-kill murder (first degree)
A) True
B) False

A

T/F: If the underlying predicate acts do not affect interstate
commerce, the federal government has no jurisdiction over those crimes
and cannot charge the defendants under RICO
A) True
B) False

A

T/F: Homicide requires proof that the victim "died"
A) True
B) False

A

T/F: IF a building is open to the public, or the defendant has the
right to enter the building, it is not a burglary, even if entry was
to commit a crime
A) True
B) False

A

T/F: Burglary is not completed theft; it is the entry with intent to
commit a crime
A) True
B) False

A

_____ statutes make the severity of the offense depend on the value
of property taken
A) theft
B) robbery

A

T/F: One cannot "burgle" one's own residence, even if entry
is to commit a crime, since entry is privileged
A) True
B) False

A