2023 1 In a rape case inability to consent may be based upon which of the following a effect

1. In a rape case, “inability to consent” may be based upon which of the following
a. effect of drugs
b. effect of alcohol
c. unconsciousness
d. all of the above

2. In a statutory rape case, which of the following is normally true?
a. the defendant must be underage
b. the victim must have lied about his or her age
c. the defendant must have knowledge that the victim was underage
d. the defendant need not have knowledge that the victim was underage

3. In addition to the “but for” test, the state would also want to establish that the defendant’s actions were the proximate cause of death.
a. true
b. false

4. In most jurisdictions, the punishment for an attempt to commit a crime is normally which of the following?
a. more severe than that imposed for the commission of the crime
b. equal to that imposed for the commission of the crime
c. not punishable
d. less severe than that imposed for the commission of the crime

1. Involuntary manslaughter usually requires
a. more than one actor
b. intent to cause the outcome prohibited by law
c. recklessness or gross negligence
d. felony murder

2. It is possible to be both a principal and an accessory before or after the fact.
a. True
b. False

3. Many states have different degrees of manslaughter. Frequently, they are divided into which of the following?
a. murder and manslaughter
b. 1st degree murder and 2nd degree murder
c. voluntary manslaughter and involuntary manslaughter
d. 2nd degree murder and involuntary manslaughter

4. Mr Brown throws a torch inside a house at precisely the same time the house is struck by lightning. The torch flickers and goes out while the lightning strike results in a fire that burns the house to the ground. Mr. Brown would most likely be found
a. guilty of arson
b. guilty of attempted arson
c. guilty of neither charge
d. guilty of both charges

 

1. In reaching your conclusion for the scenario above, which of the following factors is pertinent to the charge?
a. causation
b. solicitation
c. intent
d. none of the above

2. Receiving stolen goods
a. is a form of aggravated accessory after the fact to larceny
b. is usually punished as seriously as larceny
c. requires that the receiver knows or believes that the goods are stolen
d. all of the above

3. The act of deliberately encouraging, requesting or advising another to undertake or join in the commission of a criminal act is known as:
a. solicitation
b. conspiracy
c. all of the above
d. none of the above

 
4. Statutory rape is generally a strict liability offense.
a. true
b. false

1. The elements of attempt include which of the following?
a. specific intent
b. an overt act toward commission
c. failure to complete the crime
d. all of the above

2. The “intent to accomplish the precise act which the law prohibits” is the definition for which of the following?
a. specific intent
b. general intent
c. attempt
d. transferred intent

3. There is no such thing as a crime called “attempt” in and of itself.
a. False
b. True

4. Which of the following is an example of asportation?
a. the movement of a wallet by a pick-pocket
b. the starting of a car engine by a car thief
c. all of the above
d. none of the above

1. Which of the following is an exception to the “but for” test, as used by the State to prove causation in charges involving an intentional killing?
a. the victim dies 1 year and 1 day after the event
b. an automobile is involved
c. two forces, each capable of causing death, occur simultaneously and each inflicts injury
d. none of the above

2. Which of the following is not a necessary element of larceny?
a. a trespassory taking and carrying away
b. of the valuable personal property of another
c. through the use of threats or coercion
d. with intent to permanently deprive the person entitled to possession

3. Which of the following is not considered an inchoate crime?
a. solicitation
b. conspiracy
c. abandonment
d. none of the above

4. Which of the following is not considered an inchoate crime?
a. attempted murder
b. solicitation
c. conspiracy
d. none of the above

1. Which of the following standards is often employed in order to ascertain whether or not a defendant killed “in the heat of passion” and whether or not the provocation was adequate from an objective vantage point?
a. unreasonable person
b. reasonable person
c. third party induction
d. third party deduction

2. Which of the following statements is not true?
a. larceny by trick requires mere possession
b. larceny by trick leaves the defrauded owner with “constructive possession”
c. the crime of false pretenses is complete upon obtaining title
d. the crime of false pretenses requires subsequent disposition of the property

3. Which of the following states that two parties cannot be charged with conspiracy to commit a crime which requires a third party?
a. Unilateral rule
b. Bilateral rule
c. Wharton rule
d. M’Naghton test

4. Which of the following was a possible common law defense to a charge of attempting to commit a crime?
a. factual impossibility but not legal impossibility
b. legal impossibility but not factual impossibility
c. tort
d. solicitation