2 exam review
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School
University of Texas, Rio Grande Valley *
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Course
1301
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
7
Uploaded by JudgeSeal5828
1.
The Texas anti-graffiti law is content neutral. This means that the nature or meaning of the markings are irrelevant to whether nor not a violation of the statute has occurred. The content-neutral approach is an effort to avoid allegations that the statute violates the:
First Amendment.
2.
John is a member of a radical pro-life organization. He believes that virtually any means
should be used to stop the performing of abortions. One evening police apprehend him as he is using a paintbrush to write "Stop the baby killers" on the side of a community medical clinic where abortions are performed. Which of the following statements is correct regarding this incident? John has committed criminal mischief because he intentionally damaged another's property without their consent.
3.
While the elements of the Texas criminal mischief statute and the Texas graffiti statute overlap somewhat, the graffiti statute is directed largely toward property damage caused by the use of: spray paint
4.
Jorge is apprehended by police officers as he is tagging several highway signs with spray paint. Jorge was painting his gang's symbols on the signs to show the extent of the gang's territorial claims. Jorge has committed a violation of: the Texas graffiti statute.
5.
Under Texas law, a home invasion is normally prosecuted as a: Burglary and aggravated robbery.
6.
Under Texas law, a carjacking is normally prosecuted as a form of: Robbery 7.
Under the Texas Penal Code, the penalty for certain forms of theft is greater than for other forms. For example, theft of which of the following items is always a felony regardless of the value of the item? Automatic teller machine 8.
Under Texas law, the presumptive method of determining whether a theft is classified as
a felony or misdemeanor is based on: The fair market value of the property stolen
9.
Ricardo enters a liquor store one cold winter evening. He approaches the clerk and says, "This is a stick-up. Give me all of your money or you're a dead man!" Ricardo has his
hand in his right coat pocket and is using his finger to simulate a gun barrel. The clerk, believing Ricardo to be holding a pistol, says, "Don't shoot. I'm afraid to die. Here's the money." He hands Ricardo $575. Ricardo departs. The most serious offense Ricardo has committed is: Robbery because he threatened the clerk with death in order to obtain the money.
10.
Holly has been out partying most of the evening. She has been drinking heavily. She recognizes that she should not attempt to drive home. Instead, she calls a taxicab. When the taxi arrives, Holly tells the driver an address that is actually two blocks from her apartment. Upon arrival at the address, the taxi driver tells Holly, "That will be $12.50." Instead of paying the driver, Holly jumps from the cab and runs away. Holly has committed: Theft of service.
11.
Phillip is an undercover peace officer assigned to look for pickpockets at the county fair. He observes Frank deftly lift Sheila's wallet from her open purse. Phillip approaches Frank and identifies himself as an officer. At that moment Frank shoves Phillip down and takes off running. Phillip, unhurt, leaps to his feet and gives chase. He tackles Frank and places him under arrest. A search of Frank reveals Sheila's wallet and a .32 pistol in his jacket pocket. Frank has committed: Theft, not robbery, because the element of assault with bodily injury is missing.
12.
In addition to the other elements of the offense, to obtain a robbery conviction a Texas prosecutor must establish that the defendant was in the course of committing:
Theft 13.
The phrase "in the course of committing theft" means which of the following? The definition of the phrase includes all of the above.
14.
Which of the following is one of the required elements that must be proven to convict an individual of robbery? The individual is in the course of committing theft.
15.
Under Texas law, acts of shoplifting, swindling, receiving stolen property, and embezzlement are formally charged as: theft
16.
One evening Carl, a 25-year-old street thug, forcibly enters Louise's home. Louise is a 75-year-old female. Carl demands money from Louise. She tells him she has none. Carl asks if she has an ATM card. Fearful of Carl, Louise admits she has such a card. Carl tells Louise, "Go with me to the ATM or you won't live long enough to see the sunrise." Louise and Carl depart to the nearest ATM. Louise uses her card to withdraw $500, which she gives
to Carl. Carl departs without otherwise harming Louise. In addition to likely burglary and robbery charges, Carl has also committed the offense of:
Aggravated kidnapping 17.
Phillip is upset about the amount of his water bill. He goes to city hall to complain. At city
hall Phillip encounters Jane, the mayor. The encounter turns heated. Phillip takes a hunting knife from his coat pocket, forces Jane to go into her office, and announces he will hold her there until water rates are reduced. Phillip and Jane remain barricaded in the office for 12 hours until the police hostage negotiator convinces him to surrender. Of the following, the most serious offense Phillip has committed is: Aggravated kidnapping
18.
Rob, a previously convicted child molester, lures Sammi, a seven-year-old girl, into his car. He drives down the highway heading for a secluded location intending to have sex with Sammi. However, a friend of Sammi's wrote down Rob's license plate number and called the
police. Police officers stop Rob's car and arrest him before he has had a chance to harm Sammi. The most serious offense that Rob has committed is: Aggravated kidnapping 19.
Late one night, Roy steals Gene's champion quarter horse. He leaves a note in the stall telling Gene that the horse will be returned unharmed after Gene deposits $500,000 in Roy's
offshore bank account. If Gene does not pay the ransom, the horse will be killed. The next morning Gene discovers the note and, fearing for the horse's well-being, he pays the ransom. Roy releases the horse on a country road where it is later found by Gene. The most
serious offense Roy has committed is: None of the above 20.
Walter is the elderly father of Jennifer. Walter, who resides with Jennifer, suffers from senile dementia. One day he wanders away from the house. Jennifer discovers his absence and launches a search. She discovers him at the neighborhood park. When confronted by Jennifer, Walter refuses to leave the park. Ultimately, Jennifer grasps Walter and forces him into her automobile and drives him home. The most serious offense Jennifer has committed is: None of the above 21.
Which of the following items is specifically identified as a "deadly weapon" according to the definition contained in the Texas Penal Code?
firearm
22.
Pete has spent part of the day smoking marijuana. Anytime he uses the drug he becomes paranoid. This particular day Pete convinces himself that the C.I.A. is following him. In an effort to escape from his delusion Pete climbs aboard a school bus, threatens the driver and pushes her off the bus. He then begins to drive the bus containing two dozen screaming elementary school children. About two miles down the road a police roadblock stops Pete. He is arrested and the children are found to be unharmed. The most serious offense Pete has committed is:
Unlawful restraint
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23.
Of the following injuries, which meets the definition of "bodily injury" as defined in the Texas Penal Code? All of the above are forms of bodily injury
24.
Bill and Ted, two 17-year-old high school students, spend a portion of their school day bullying Mike, a mild-mannered fellow student. One day after school, Bill and Ted observe Mike walking down the street. The two bullies stop their car and ask Mike if he wants a ride. Mike, being suspicious of their motives, declines the offer. Nonetheless, Bill and Ted grab Mike and force him into the car. They drive Mike to the outskirts of town where they strip him
to his underwear and shove him out of the car. Bill and Ted then depart leaving Mike embarrassed and stranded. A few minutes later a passing motorist stops and assists Mike. The police are notified of the incident. The most serious offense Bill and Ted have committed
is: Unlawful restraint
25.
Of the following injuries, which meets the definition of "serious bodily injury" as defined in the Texas Penal Code? Severed artery
26.
Under the Texas law of assault, which of the following is a necessary element of the definition of the word "threat"? an intent to inflict harm
27.
Carlos walks through the shopping mall parking lot looking for unlocked motor vehicles. He spies a sports car with the top down. He opens the car door and climbs into the driver's seat. Carlos inserts a screwdriver in the ignition and attempts to start the vehicle by turning the screw driver. After several attempts to twist the screwdriver, Carlos realizes his efforts are proving to be unsuccessful. As he begins to exit the vehicle a mall security officer approaches and detains him until the police arrive. The most serious offense Carlos has committed is: Burglary of vehicles
28.
The primary victim of criminal activity related to identity theft is: Financial institutions
29.
The terms "enter" and "entry" are defined somewhat differently in the offenses of burglary, burglary of vehicles, burglary of a coin-operated machine, and criminal trespass. In
which of the aforementioned offenses is an entry of the entire body required before the offender has entered or made an entry? Criminal trespass
30.
One method to commit the offense of burglary is for the offender to "enter" the building or habitation. Which of the following is an example of an offender committing this element of the offense of burglary?
All of the above actions are examples of to “enter” under the law of burglary. 31.
In auto theft cases, whether an individual is charged with the offense of theft or the offense of unauthorized use of a vehicle depends primarily on whether the prosecutor can prove: The offender’s intent to permanently deprive the owner of the vehicle. 32.
George goes to Bill's house late one night intending to steal Bill's gold coin collection. Unknown to George, Bill has purchased a Doberman Pinscher dog. As soon as George sticks his head through the house's window, the Doberman attacks and bites George's nose.
George shakes the dog loose and flees. The most serious offense George has committed is:
Burglary
33.
In Texas, special courtroom rules of evidence apply in the prosecution of sexual assault cases. Which of the following is one of those special rules of evidence? Reputation evidence regarding the victim’s previous sexual behavior is never admissible into evidence.
34.
Texas, and many other states, use special rules of evidence in the prosecution of sexual
assault cases. These rules are part of a larger group of laws known as: Rape Shield Laws
35.
Larry, a 16-year-old boy, convinces Kathy, his 15-year-old girlfriend, to perform oral sex. While Kathy is engaged in the act, her father walks into the living room and interrupts the two. The father chases Larry out the door and calls the police. Which of the following statements is correct about this situation? Neither Larry nor Kathy have committed a criminal offense.
36.
Under the Texas law of sexual assault, lack of consent by the victim is an element of the offense that must be established. If the victim has consented to the conduct, then no sexual assault occurs. Which of the following is an example that of consent under the Texas sexual assault laws? A female says nothing when a male begins to engage in sexual activity and the female further participates in the sexual activity.
37.
Suzy, a seven-year-old girl, is walking home from school. Warren, a previously convicted
child molester, entices Suzy into his car by requesting her help in finding his lost puppy. Warren parks the car on a secluded side street and forcibly engages in oral sexual activity with Suzy. He then releases her along the highway. The most serious offense Warren has committed is: aggravated sexual assault of a child.
38.
Activities that involve transporting individuals from a foreign land into Texas and coercing or deceiving them into forced prostitution or forced labor is known as:
Human trafficking 39.
At a local nightclub, Bill, a 25-year-old male, introduces himself to Mona, a naive 17-
year-old female. (Mona has a phony i.d. showing her age as 22 years old.) Over the course of several hours they each consume numerous shots of tequila. Bill pays for all of the drinks.
One thing leads to another and the pair end up in bed at Bill's apartment. Although both drunk, they manage to engage in sexual intercourse. Later the next morning, Mona awakes and says, "Who are you and why am I in this bed?" She dresses and dashes to the local police station. She tells the police that she has been sexually assaulted. Following a thorough investigation in which the above facts are determined, the police would be legally justified in charging Bill with: None of the above because Mona consented to the sex act.
40.
It is a defense to a charge of unlawful transport if the accused and the individual who was being transported are: closely related by blood or marriage 41.
Marie, a 28-year-old female, asks her neighbor Jason, a 15-year-old male, if he would like to have sex with her. Jason readily agrees. The two begin a several week relationship and engage in sexual intercourse daily in Marie's home. Jason's mother learns of the affair and contacts the police. Under Texas law Marie has committed: sexual assault of a child because Jason is too young to legally consent to sexual activity.
42.
Pablo charges individuals $1,500 to smuggle them across the Texas-Mexico border. One July day after collecting his fee, Pablo hides three Mexican citizens in sealed cardboard
boxes marked "PINATAS." He then places the boxes in the back of his truck, which is filled with similarly marked boxes that actually contain piñatas. He drives across the border. A Customs inspector on the Texas side of the border glances in the back of the truck and waves Carlos through. Several hours later the truck breaks down near San Antonio. A passing Texas Highway Patrol trooper stops to assist Pablo. The trooper becomes suspicious when he hears noises coming from the boxes. He opens a box and discovers a hot, unconscious individual. The other two individuals are subsequently discovered. Pablo has committed: Unlawful transport 43.
For a violation of the Texas stalking statute (Sec. 42.072) to occur, the offender's conduct must: be directed specifically at another person.
44.
When a noncustodial parent takes their child from the custody of the other parent contrary to the terms of a judicial custody order, the noncustodial parent commits the offense
of interference with child custody only if: No additional elements exist as taking the child contrary to the court order is a violation of the statute
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45.
Abraham and Hannah have been married for eight years. They have one child, Aaron, who is seven. Because of Abraham's abusive conduct toward her and Aaron, Hannah sues Abraham for divorce. While the divorce is pending, Abraham is served with a copy of a court
order granting Hannah exclusive temporary custody of Aaron. Angered by the court order, Abraham goes to Aaron's school and checks him out, the principal being unaware of the court order. Abraham flees to Louisiana with Aaron. Six months later Abraham and Aaron return to Texas to visit Abraham's mother. Hannah sees the two driving down the street and calls the sheriff's department. The most serious offense Abraham has committed is: Interference with child custody
46.
Under Texas law, which of the following is always a legal defense to a charge of arson? The fire is part of a controlled burn on open-space land.
47.
Under Texas law, which of the following is always a legal defense to a charge of arson? None of the above is always a legal defense to a charge of arson.
48.
Larry breaks into the local pharmacy where he steals a variety of controlled substances. In an effort to cover up his burglary, Larry sets fire to building. Larry has committed: felony arson.
49.
Under the Texas law of arson, a "habitation" must have which of the following attributes?
It must be adapted for overnight accommodation of persons.
50.
The legal term referring to the domestic buildings that surround and support a residence is: curtilage