LMPT EXAM #2: QUESTIONS WITH SOLUTIONS (100%)
Crime Right Ans - Is an act, or failure to act, punishable by the government.
What do crimes include? Right Ans - Robbery, rape, burglary, and murder
How is a crime different from a tort? Right Ans - In a crime criminal actions
are brought by the government for the purpose of punishing the wrongdoer
and deterring others from similar conduct.
Tort Right Ans - A civil action for compensation.
A victim could sue the wrongdoer and recover damages.
Ex post facto law Right Ans - A Law which provides for the infliction of
punishment for an act done which, when it was committed, was innocent.
What are the two kinds of criminal intent? Right Ans - General Intent and
Specific Intent
General Intent Right Ans - Is the intent to do that which the law prohibits.
All the government must prove is that the perpetrator committed the act
willfully, deliberately, or intentionally and that it was not an accident.
ex: a convicted felon who possesses a firearm commits a general intent.
Specific Intent Right Ans - Is the intent to accomplish the precise act which
the law prohibits.
Requires proof of a particular mental state.
ex: bribery is a specific intent
What are the 3 basic elements to any criminal statue? Right Ans - 1.) An act
or failure to act (actus reus)
2.) A criminal intent (men's rea)
3.) The punishment
,Penalty Right Ans - Include: fines, probation, incarceration, and death.
Felony Right Ans - An offense for which the maximum term of
imprisonment authorized by statute is more than one year.
Misdemeanor Right Ans - An offense for which the maximum term of
imprisonment is one year or less.
Jurisdiction Right Ans - Is the power of the government to act when a
criminal offense has been committed.
18 USC 111 Right Ans - Assault on a federal employee
18 USC 641 Right Ans - Theft of government property
18 USC 201 Right Ans - Bribery
18 USC 1001 Right Ans - False statements
Assimilative Crimes Act (ACA) Right Ans - Allows a federal court to
assimilate the surrounding state law under certain circumstances
The ACA allows acts to be prosecuted in Federal Court under the following
circumstances Right Ans - 1.) There was a violation of the surrounding
state law;
2.)That was committed on property in that state where the U.S. has either
exclusive or concurrent jurisdiction; and
3.) There is no federal law available to charge.
Who is protected under 18 USC 1114 Right Ans - Every federal employee
and every person who assists a federal employee in the performance of official
duties. Includes retired and prior employees assualted because of their job.
Elements of bribery Right Ans - 1.)A corrupt offer or acceptance of
something of value
2.)That such corrupt offer or acceptance was made to or by an officer of the
U.S., or person at the time acting for or on behalf of the U.S. in an official
function.
, 3.)That the offer or acceptance was intended to influence the officer or person
in the doing of some particular act or performance of some duty in the public
officials offical capacity.
18 USC 201(c) Right Ans - Gratuity
Public Official Right Ans - Member of Congress, Delegate or Resident
Commisioner
Who does the 4th amendment restrict? Right Ans - The Government
What are the two 4th amendment clauses? Right Ans - 1. Protecting the
basic right to be free from unreasonable searches and seizures
2. Requires that warrant be particular and supported by PC
Government Action Right Ans - Under the 4th amendment will be viewed
under the totality of the circumstances in light of several factors:
1. weather the gov. knows of or acquiesces in the conduct/ private
actor/foreign gov.
2. was there an intent to assist the LE at the time of the search
3. The gov. affirmatively encourages, initiates or instigates the search
What is a search? Right Ans - occurs when there is a physical intrusion by
the government into a constitutionally protected area for the purpose of
gathering information. (persons, places, papers and effects)
What are the two tests the Supreme Court applies to determine whether
government conduct is a search? Right Ans - 1. Katz analysis of REP
2. Jones analysis of gov trespass to get info
Test for REP Right Ans - 1. Subjective demand. the individual must have
demand or exhibited an actual expectation of privacy; and
2. objectively reasonable. the expectation must be one that society is prepared
to recognize as reasonable.
Closed container Right Ans - A container that conceals its contents from
plain view
Crime Right Ans - Is an act, or failure to act, punishable by the government.
What do crimes include? Right Ans - Robbery, rape, burglary, and murder
How is a crime different from a tort? Right Ans - In a crime criminal actions
are brought by the government for the purpose of punishing the wrongdoer
and deterring others from similar conduct.
Tort Right Ans - A civil action for compensation.
A victim could sue the wrongdoer and recover damages.
Ex post facto law Right Ans - A Law which provides for the infliction of
punishment for an act done which, when it was committed, was innocent.
What are the two kinds of criminal intent? Right Ans - General Intent and
Specific Intent
General Intent Right Ans - Is the intent to do that which the law prohibits.
All the government must prove is that the perpetrator committed the act
willfully, deliberately, or intentionally and that it was not an accident.
ex: a convicted felon who possesses a firearm commits a general intent.
Specific Intent Right Ans - Is the intent to accomplish the precise act which
the law prohibits.
Requires proof of a particular mental state.
ex: bribery is a specific intent
What are the 3 basic elements to any criminal statue? Right Ans - 1.) An act
or failure to act (actus reus)
2.) A criminal intent (men's rea)
3.) The punishment
,Penalty Right Ans - Include: fines, probation, incarceration, and death.
Felony Right Ans - An offense for which the maximum term of
imprisonment authorized by statute is more than one year.
Misdemeanor Right Ans - An offense for which the maximum term of
imprisonment is one year or less.
Jurisdiction Right Ans - Is the power of the government to act when a
criminal offense has been committed.
18 USC 111 Right Ans - Assault on a federal employee
18 USC 641 Right Ans - Theft of government property
18 USC 201 Right Ans - Bribery
18 USC 1001 Right Ans - False statements
Assimilative Crimes Act (ACA) Right Ans - Allows a federal court to
assimilate the surrounding state law under certain circumstances
The ACA allows acts to be prosecuted in Federal Court under the following
circumstances Right Ans - 1.) There was a violation of the surrounding
state law;
2.)That was committed on property in that state where the U.S. has either
exclusive or concurrent jurisdiction; and
3.) There is no federal law available to charge.
Who is protected under 18 USC 1114 Right Ans - Every federal employee
and every person who assists a federal employee in the performance of official
duties. Includes retired and prior employees assualted because of their job.
Elements of bribery Right Ans - 1.)A corrupt offer or acceptance of
something of value
2.)That such corrupt offer or acceptance was made to or by an officer of the
U.S., or person at the time acting for or on behalf of the U.S. in an official
function.
, 3.)That the offer or acceptance was intended to influence the officer or person
in the doing of some particular act or performance of some duty in the public
officials offical capacity.
18 USC 201(c) Right Ans - Gratuity
Public Official Right Ans - Member of Congress, Delegate or Resident
Commisioner
Who does the 4th amendment restrict? Right Ans - The Government
What are the two 4th amendment clauses? Right Ans - 1. Protecting the
basic right to be free from unreasonable searches and seizures
2. Requires that warrant be particular and supported by PC
Government Action Right Ans - Under the 4th amendment will be viewed
under the totality of the circumstances in light of several factors:
1. weather the gov. knows of or acquiesces in the conduct/ private
actor/foreign gov.
2. was there an intent to assist the LE at the time of the search
3. The gov. affirmatively encourages, initiates or instigates the search
What is a search? Right Ans - occurs when there is a physical intrusion by
the government into a constitutionally protected area for the purpose of
gathering information. (persons, places, papers and effects)
What are the two tests the Supreme Court applies to determine whether
government conduct is a search? Right Ans - 1. Katz analysis of REP
2. Jones analysis of gov trespass to get info
Test for REP Right Ans - 1. Subjective demand. the individual must have
demand or exhibited an actual expectation of privacy; and
2. objectively reasonable. the expectation must be one that society is prepared
to recognize as reasonable.
Closed container Right Ans - A container that conceals its contents from
plain view
