Intro Chapter 1 and 2 Test

Which of the following is true of common law?

• A. It is based on the French civil code.

• It refers to the collection of rules, customs, and traditions of 17th century France.

• It refers to the American tradition of following legal precedent.

• It refers to collections of rules, customs, and traditions of medieval England.

Published decisions from the U.S. Supreme Court and the U.S. Circuit Courts of Appeal are considered which of the following?

• federal statutes

• administrative laws

• federal common laws

• state constitutional laws

Which of the following is indicative of a case involving civil law?

• The state or government prosecutes a person accused of murder on behalf of the people.

• The plaintiff is required to prove the defendant’s guilt “beyond a reasonable doubt.”

• The defendant and plaintiff both claim ownership to the same plot of land.

• The plaintiff is required to prove their case by a “preponderance of the evidence.”

Who is the person who has the criminal charge?

• defendant

• eye witness

• clerk of the court

• plaintiff

Eric is filing for divorce against his wife, Ariana. Since they are legally separated, Eric currently lives in an apartment, and Ariana lives in the home they bought together. Ariana called the police when Eric peacefully entered the home to take a television set for his apartment. Which of the following is true about this situation?

• Eric taking the television is considered a criminal act.

• Eric will be imprisoned for entering the home.

• If Ariana files a lawsuit against Eric, Ariana will be seeking damages.

• If Ariana files a lawsuit against Eric, it will be considered a criminal case.

Which of the following describes a penalty for a criminal case?

• The plaintiff seeks damages from the defendant.

• The prosecutor seeks damages from the defendant.

• The prosecutor seeks to punish the defendant with jail time.

• The plaintiff seeks to punish the defendant with jail time.

By law, police officers must read the accused his or her Miranda warnings when arresting individuals. This is an example of which type of law?

• procedural law

• mens rea

• substantive law

• actus reus

What is the Latin term for criminal intent or guilty mind?

• actus reus

• mens rea

• procedural law

• stare decisis

YoonHee is an 18-year-old single mother who works part-time to support herself and her 6-month-old child and also attends night classes. She often struggles to make ends meet and is eventually laid off from her job. After a few months of unemployment, YoonHee does not have enough money to support herself. Desperate to feed her child, she enters a local supermarket and steals several containers of formula. Which of the following is true?

• YoonHee’s action is considered a public order crime.

• YoonHee’s action is considered a theft

• YoonHee’s action is considered robbery.

• YoonHee’s action is considered aggravated assault.

What is another term that may be used to describe a person intended to commit a crime on purpose?

• without due caution

• malicious

• negligent

• reckless