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CHAPTER 2
JURISDICTION
MULTIPLE CHOICE
2. In U.S. v. Lopez, the U.S. Supreme Court held that the federal law controlling
guns in public schools was
a. a valid exercise of Congressional power to regulate commerce
b. beyond the power of Congress
c. a violation of due process
d. a valid exercise of Congressional power to regulate public schools
6. What law permits federal agencies to assist in locating state fugitives who may
have fled from one state to another?
a. Unlawful Flight Statute
b. Federal Kidnapping
c. Interstate Transportation of Stolen Motor Vehicles
d. Uttering of U.S. Treasury Checks
10. The process by which a person who has fled is forcibly brought back to the
jurisdiction of the court is called
a. transportation
b. extradition
c. mandatory venue
d. compulsive jurisdiction
11. According to the Tokyo Convention Act of 1967, any nation may try persons
for what crime even if no acts are committed within that countrys boundary or
territorial waters?
a. terrorism
b. murder
c. treason
d. piracy
12. In 1983, the United States claimed sovereignty over waters extending how
many nautical miles from the United States and its possessions?
a. 50 nautical miles
b. 100 nautical miles
c. 200 nautical miles
d. 400 nautical miles
14. The International Criminal Court at The Hague has the power to prosecute
people accused of
a. murder
b. all violent crimes
c. offenses which occur in international waters
d. war crimes
15. Which of the following is one of the crimes the federal Mann Act addresses?
a. extortion
b. interstate prostitution
c. kidnapping
d. possession of stolen property
16. What is the name of the federal act that incorporates the state criminal law of
the state surrounding the federal enclave as the law of the enclave if there is no
relevant federal statute?
a. Incorporated Crimes Act
b. Included Crimes Act
c. Assimilative Crimes Act
d. Autonomous Crimes Act
17. Military installations and other federally owned and controlled lands within
the boundaries of a state are called federal
a. islands
b. territories
c. protectorates
d. enclaves
19. How many Indian tribes does the U.S. currently recognize with some
attributes of sovereignty?
a. 120
b. 280
c. 310
d. 409
20. What is the name of jurisdiction of the United States over actions within
territorial waters of the U.S., on U.S. ships, or stateless vessels on the high
seas?
a. Maritime jurisdiction
b. Vessel jurisdiction
c. High Seas jurisdiction
d. Oceanic jurisdiction
21. International conventions and treaties between nations can confer power to
what entity to make criminal laws?
a. the Federal Government
b. Indian Tribal Courts
c. Military Courts
d. individual states within the United States
22. Because the states have the primary responsibility to maintain public order and
security in their state, they have what kind of authority to create criminal law
under the police power of each state?
a. broad
b. narrow
c. ultimate
d. unlimited
24. Persons in U.S. military service are subject to military jurisdiction and the
Uniform
a. Military Criminal code
b. Penal Code
c. Code of Military Justice
d. Military Penal Law
25. Should a member of the U.S. military commit a crime off-base, jurisdiction
will be with
a. the state
b. U.S. District Court
c. military court
d. United Nations
26. If a member of the U.S. military serving in another country commits an
offense while off duty and off base, jurisdiction will be
a. only in that country
b. only in military court
c. only in the Supreme Court
d. with either the military or that country
27. What federal act forbids the use of federal military forces to enforce civilian
laws unless there is other constitutional or congressional authorization?
a. Martial Law
b. Military Law
c. Posse Comitatus
d. Martial Jurisdiction
28. The U.S. Supreme Court stated that the term martial law
a. has no precise meaning
b. is clearly defined in common law
c. is clearly defined by the military
d. is clearly defined by the President
29. People who commit crimes on federal enclaves can be tried before
a. the state court
b. a federal court
c. tribal court
d. the Supreme Court
30. The federal government does not have inherent police power to create criminal
law and is limited to the powers granted to the federal government in the
a. U.S. Constitution
b. Great Writ
c. Declaration of Independence
d. U.S. Supreme Court Guidelines
TRUE/FALSE
1. Under the American system of federalism, the congress has the primary
responsibility of maintaining public order and safety within each state.
2. The Unlawful Flight Statute permits federal agencies to assist in locating state
fugitives who may have fled from one state to another.
4. The Federal Government owns and controls up to 1/3 of all of the land in the
United States in the form of territories and federal enclaves.
5. Under international law, more than one country could have jurisdiction over
the same crime.
6. The International Criminal Court is the worlds first permanent war crimes
court.
8. Tribal courts have no power to exercise criminal jurisdiction over Indians who
are not members of that tribe.
9. Military courts have jurisdiction over members of the Armed Forces who
commit crimes while off-base and off-duty.
10. Americans who commit crimes in foreign countries are subject to prosecution
before U.S. or military courts, but not foreign courts.
41-42
COMPLETION
4. The procedure by which a person who has fled to avoid criminal prosecution
is brought back to the jurisdiction is called ___________.
7. When the crew of a ship or aircraft seizes control against lawful authority, this
is the offense of __________.
CHAPTER 3
ESSENTIAL ELEMENTS OF A CRIME
MULTIPLE CHOICE
4. According to the Model Penal Code, how is a person acting, with respect to a
material element of an offense, when he should be aware of a substantial and
unjustifiable risk that the material element exists or will result from his
conduct?
a. purposely
b. knowingly
c. recklessly
d. negligently
15. In many states, when the age of a minor is an essential element of a crime, as
in contributing to the delinquency of a child, the law
a. requires the defendant to testify
b. allows defendants to use the victims consent as a defense
c. contains a scienter element
d. does not allow mistake as to the age of the minor to be used as a
defense
16. For crimes in which a harm has occurred, the state must prove
a. the harm to the victim occurred immediately
b. the defendants act was the ordinary and proximate cause of the harm
c. both that harm to the victim occurred immediately, and that the defendants act
was the ordinary and proximate cause of the harm
d. neither that harm to the victim occurred immediately, nor that the defendants act
was the ordinary and proximate cause of the harm
17. While the classification system suggested by the Model Penal Code
distinguishes between each level of mental state, the distinction
a. always makes a difference
b. does not always make a difference
c. is never important
d. is always important
21. The intent necessary for one or more elements of an offense is:
a. specific intent
b. global intent
c. mental intent
d. knowledgeable intent
5
22. The mental purpose or design to commit a specific act is called:
a. intent
b. motive
c. recklessness
d. negligence
25. Which of the following is a name given to crimes which require no specific
intent?
a. general intent crimes
b. conclusive intent crimes
c. substantive intent crimes
d. reasonable intent crimes
26. What is the highest degree of culpability according to the Model Penal Code?
a. purpose
b. knowledge
c. recklessness
d. negligence
27. Which of the following crimes includes the essential element of knowledge
beyond a reasonable doubt that defendant knew the property was stolen?
a. receiving stolen property
b. robbery
c. possession of illegal substances
d. homicide
28. Which of the following is seldom made an essential element that must be
proved beyond a reasonable doubt in many crimes?
a. motive
b. intent
c. guilt
d. all of these answers are essential elements
TRUE/FALSE
1. A party to a crime could be a person who aids and assists in the commission of
the crime.
2. The term mens rea refers to the harm caused by the defendants forbidden act.
3. Not all crimes require proof that a defendant had a specific intent to achieve a
specific end.
5. The motor vehicle codes of most states contain strict liability statutes.
8. The use of presumptions in the prosecutions case never present due process
problems.
9. One cannot be guilty of possession of stolen property if one does not know
property is stolen.
10. Presumptions and inferences enable a fact finder to conclude that because
some facts have been proved, other facts may be presumed to be true.
COMPLETION
4. According to the Model Penal Code, a person acts __________ when she
consciously disregards a substantial and unjustifiable risk.
5. The categories of culpability from the Model Penal Code include purpose,
knowledge, recklessness, and .