Week8TestLEG320
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School
Strayer University *
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Course
320
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
6
Uploaded by SargentBoulder6364
Question 1
3 / 3 pts
Which of the following types of defendants can be given the death penalty?
mentally retarded defendants juvenile defendants female defendants insane defendants Question 2
3 / 3 pts
In Booker, the Court held that under the holdings of Apprendi and Blakeley, the Federal Sentencing Guidelines violated the Sixth Amendment’s right to
jury trials in criminal cases speedy trials in criminal cases fair trials in criminal cases an attorney in criminal cases Question 3
3 / 3 pts
In Ring v. Arizona, 536 U.S. 584 (2002), the Court held that a state capital sentencing procedure that permitted the sentencing judge to make the factual determination of the aggravating and mitigating circumstances present
violated the Sixth Amendment’s right of trial by jury violated the Sixth Amendment’s right of trial by judge violated the Sixth Amendment’s right to a speedy trial violated the Eight Amendment’s right to freedom from cruel and unusual punishment Question 4
3 / 3 pts
What is the name given to speech which injures the character or reputation of another by written communication?
slander libel extortion false publication Question 5
3 / 3 pts
One test for when government can ban speech because of its potential for harm is the
clear and present danger test obvious and current harm test contingent and imminent injury test overt and contemporary peril test Question 6
3 / 3 pts
The offense of inciting occurs
if the person incited actually commits the crime if the person inciting participates in the criminal act even if the unlawful act is never actually committed if the inciting words are expressed in a loud and forceful voice Question 7
3 / 3 pts
The Latin term meaning the body or substance of the crime (proof that a crime has been committed) is
habeas corpus corpus collosum corpus delicti
corpus respondeat Question 8
3 / 3 pts
Corpus delicti means the
body of the crime scene of the crime essence of the crime victim of the crime Question 9
3 / 3 pts
Most states have
abolished the felony murder rule reduced felony murder to a misdemeanor found felony murder to be unconstitutional retained some form of the felony murder rule Question 10
3 / 3 pts
In those states that still have the born alive requirement, a fetus must be born “alive” before its death can be
murder voluntary manslaughter manslaughter feticide Question 11
3 / 3 pts
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An assault made more serious by presence of a firearm or as part of intent to commit a felony is called
aggravated assault battery completed assault assault Question 12
3 / 3 pts
When seeking to avoid the defenses that the other party was the aggressor or that mutual combat occurred, police and prosecutors are likely to charge
disorderly conduct lesser assault public intoxication misdemeanor assault Question 13
3 / 3 pts
What is the name of an unlawful striking or offensive touching?
robbery aggravated assault battery mayhem Question 14
3 / 3 pts
A battery that causes serious bodily injury or is committed with a deadly weapon is called
aggravated battery assault completed battery
battery Question 15
3 / 3 pts
Which of the following is NOT considered prostitution?
engaging in sexual relations with another person for a fee offering to engage in sexual relations with another person for a fee requesting to pay a fee to another person for sexual services engaging in sexual relations with a spouse Question 16
3 / 3 pts
The owner of a hotel who rented out rooms, knowing that rooms were being used for prostitution, could
not be convicted of solicitation for this conduct alone be convicted of solicitation for this conduct alone not be convicted of solicitation if he or she were married be convicted of solicitation if he or she were married Question 17
3 / 3 pts
The Communications Decency Act passed by Congress in 1996, was found to be unconstitutional because it violated which amendment to the U.S. Constitution?
the 1st Amendment the 2ndAmendment the 4th Amendment the 5th Amendment Question 18
3 / 3 pts
Wrongfully signing a writing or instrument in the name of the person who issued the
writing or instrument, or to whom it was payable is the crime of
uttering theft forgery embezzlement Question 19
3 / 3 pts
“Property” is divided into what two types?
personal and tangible personal and intangible real and personal single ownership and dual ownership Question 20
3 / 3 pts
Writing a bad check, or one that “bounces”
is always a crime may be a civil, but not a criminal violation is a crime only if the check is written in excess of $100 may be a crime when the writer refuses to make good the check
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