CJ 305 Practice Quiz 2 Complete
Answers
T/F A law is ex post facto when it alters the legal rules of evidence and requires less
or different proof than the law required at the time of the commission of the offense -
ANSWER-True
T/F A law is ex post facto when it inflicts punishment without a judicial trial -
ANSWER-False
T/F A law is void for vagueness when persons of common intelligence must guess at
its meaning and differ as to its application - ANSWER-True
T/F A law is void for vagueness when it fails to provide a person of ordinary
intelligence fair notice of what is prohibited - ANSWER-True
T/F A law is void for vagueness when it is so standardless that it authorizes or
encourages seriously discriminatory enforcement - ANSWER-True
T/F A law is void for vagueness if the Montana Supreme Court can't recognize a lack
of evidence when smacked in the face with it - ANSWER-False
Suppose Michael Francis Moore kills and eats Hank the Homeless in Kalispell,
Montana. Mont. Code Ann. § 45-5-102 (2017) says "A person commits the offense of
deliberate homicide if... the person purposely or knowingly causes the death of
another human being." At trial, the prosecutor proves all the other elements, but he
can't prove how or why Hank the Homeless died. The trial judge should - ANSWER-
acquit Michael Moore because the state hasn't proved its case
In a government office open to the public for business, Stephen Klen confronts
Sprague and complains that
Sprague was "treating us like sh!t" and couldn't "get his job done properly."
He "questioned the competence of Sprague, asking, `when the h3ll are you going to
get your sh!t together in this department?" - ANSWER-This is rude, but
constitutionally protected speech
Walter Chaplinsky tells former heavyweight champ Mike Tyson to his face "you
caught chlamydia from your mother's sorry a$$, and you're spreading it to little boys
and girls all over town."
Mike (Links to an external site.)tells Walter "Everybody has a plan until they punched
in the mouth." Mike then knocks Walter unconscious. - ANSWER-Walter spoke
fighting words, and he has no 1st Amendment protection for them
Answers
T/F A law is ex post facto when it alters the legal rules of evidence and requires less
or different proof than the law required at the time of the commission of the offense -
ANSWER-True
T/F A law is ex post facto when it inflicts punishment without a judicial trial -
ANSWER-False
T/F A law is void for vagueness when persons of common intelligence must guess at
its meaning and differ as to its application - ANSWER-True
T/F A law is void for vagueness when it fails to provide a person of ordinary
intelligence fair notice of what is prohibited - ANSWER-True
T/F A law is void for vagueness when it is so standardless that it authorizes or
encourages seriously discriminatory enforcement - ANSWER-True
T/F A law is void for vagueness if the Montana Supreme Court can't recognize a lack
of evidence when smacked in the face with it - ANSWER-False
Suppose Michael Francis Moore kills and eats Hank the Homeless in Kalispell,
Montana. Mont. Code Ann. § 45-5-102 (2017) says "A person commits the offense of
deliberate homicide if... the person purposely or knowingly causes the death of
another human being." At trial, the prosecutor proves all the other elements, but he
can't prove how or why Hank the Homeless died. The trial judge should - ANSWER-
acquit Michael Moore because the state hasn't proved its case
In a government office open to the public for business, Stephen Klen confronts
Sprague and complains that
Sprague was "treating us like sh!t" and couldn't "get his job done properly."
He "questioned the competence of Sprague, asking, `when the h3ll are you going to
get your sh!t together in this department?" - ANSWER-This is rude, but
constitutionally protected speech
Walter Chaplinsky tells former heavyweight champ Mike Tyson to his face "you
caught chlamydia from your mother's sorry a$$, and you're spreading it to little boys
and girls all over town."
Mike (Links to an external site.)tells Walter "Everybody has a plan until they punched
in the mouth." Mike then knocks Walter unconscious. - ANSWER-Walter spoke
fighting words, and he has no 1st Amendment protection for them
