1. The following is a term describing the wrongful state of mind needed for a criminal action? a. Actus reus.b. stare decisis c. carpe diem d. mens rea. 2. The term _______ or "guilty act" is used to describe the wrongful behavior in a criminal action. a. mens rea b. locos actus c. actus reus d. criminal actus 3. A crime can be a felony, misdemeanor, or petty offense. How is this determination usually made? a.. The statute defining the crime usually establishes whether the judge or jury decides if the crime is a felony, misdemeanor, or petty offense. b. The judge decides. c. The prosecutor decides how the charges will read. d. The jury decides. 4. Trevor goes door-to-door selling magazine subscriptions. Trevor knows, however, that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has he committed? a. False token b. False pretenses c. Ponzi scheme d. false entry 5. Dalynda threatens to tell Raul's boss that he is gambling on the company's time if he does not pay her $5,000. This is considered _______. a. exploitation b. corrupt practice c. extortion d. bribery e. intentional deceit 6. A person unlawfully enters a building with the intent to commit a felony, this would be considered a(n) _______. a. larceny b. burglary c. arson d. intentional crime e. robbery 7. Which of the following is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession? a. Robbery b. Criminal fraud c. White-collar burglary d. Larceny e. Arson 8. In order for a person to use the insanity defense in a criminal case, a person must prove that their mental state was so impaired that they _______. a. a. are on a medication that impairs their ability to understand their criminal actions b. could not distinguish right from wrong only c. the insanity defense is no longer allowed unless the crime is murder d. could not understand the wrongful nature of the act only e. could not understand the wrongful nature of the act AND could not distinguish right from wrong 9. Of which of the following must a defendant be informed before questioning? a. That statements made to law enforcement before arraignment may not be used against the defendant in court. b. That the defendant has the right to consult an attorney before speaking to the police. c. That the right to an attorney does not begin until after the defendant is arraigned. d. That the defendant must answer questions, or there will be a presumption of guilt at trial. e. That unless the defendant can afford an attorney, the defendant will not have an attorney. 10. In the U.S. system of torts, torts are commonly classified as: a. Intentional, negligent, or strict liability. b. Intentional, negligent, strict liability, or criminal. c. Intentional, negligent, or criminal, not strict liability. d. Intentional, criminal, or strict liability, not negligent. 11. You and your neighbor Hammy are arguing about trespass to realty. Which of the following situations would NOT be the tort of trespass to realty? a. When a person intentionally enters the land of another without permission. b. When a person intentionally causes an object to be placed on the land of another without the landowner's permission. c. When a person refuses to remove something he placed on the property that the owner asked him to remove. d. When a person stays on the land of another when the owner tells him to leave. e. When a person accidentally places something on the land of another. 12. Matt intends to throw a baseball at Jamal and hit Jamal in the head with the ball because he missed an easy fly ball hit to him in the field. Jamal is standing directly next to Sally in the dugout. Matt throws the baseball but hits Sally in the head instead of Jamal. What type of tort did Matt commit against Sally? a. An accidental tort because Matt struck Sally by mistake. b. The tort of negligence because Matt only intended to harm Jamal. c. No tort was committed, Jamal was Matt's target not Sally. d. An intentional tort because even though Matt meant to hit Jamal, he still caused harm by hitting Sally. e. A strict liability tort occurred because throwing a baseball is inherently dangerous. 13. A reporter receives information from several highly credible sources that a famous actress is pregnant and that the father of the baby is not her husband. The story is later proved untrue. The actress sues for defamation. Is she likely to be successful? a. Yes, automatically, because the printed story turned out to be untrue. b. No, because the reporter did not act with actual malice. c. Yes, because pregnancy is a private matter even for public figures. d. No, because the allegations would be unlikely to damage a person's reputation. e. Yes, because the printed story would be likely to damage the reputation of the actress. 14. _________________damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff. a. Nominal b. Compensatory c. Retaliatory d. Revenge e. Punitive 15. __________damages are awarded to punish the defendant and to deter others from similar conduct. a. Compensatory b. Punitive c. Revenge d. Nominal e. Retaliatory 16. Which of the following is NOT a typical type of compensatory damage awarded in an automobile negligence case? a. Damages to punish the defendant for wrongdoing. b. Medical expenses. c. Pain and suffering. d. Cost to repair damaged property. e. Lost wages. 17. George is riding his skateboard down the street while listening to music with earbuds in. George does not see Martha, a store owner, who is putting flowers out in front of her store. He looks up just in time and swerves to miss Martha but knocks her flower display down, shattering it to pieces. Is George liable? a. No, Martha had a duty not to be on the sidewalk. b. No, Martha was not injured. c. No, because property is not a compensable loss. d. Yes, because George had the intention of being on the sidewalk which is always a breach of his duty of care. e. Yes, Martha suffered a compensable property loss. 18. A fan at a baseball stadium is hit by a baseball. Under what circumstances could the owner of the stadium be held liable for resulting injuries? a. If the owner of the stadium was aware of a chance that a ball would strike a patron and failed to cancel the game, despite the risk. b. If the baseball team was the home team and not the visiting team. c. If the stadium owner failed to fulfill its duty to provide reasonable protection because there were no barriers or other measures taken to protect game attendees from being struck by the ball. d. In all circumstances where a ball hits game attendees, regardless of any other factors. e. If the stadium owner took all cost-effective precautions but failed to take part in a multi-million dollar research effort to construct a robot to intercept foul balls. 19. While out for a bike ride, Huifen sees a child, alone and unsupervised, fall and injure himself. Which of the following is true as a matter of law? a. She has no duty to render assistance to the child. b. She must render assistance to the child only if she can do so without peril to herself. c. She must come to the child's assistance because a child is involved. d. Because the law holds that every U.S. citizen holds the duty to help a stranger in peril, she must come to the child's assistance. e. She must render assistance to the child only if she is acquainted with the child's parents