MIE 305 - Exam 2 - NCSU Questions and Answers
Question 1
Criminal Law
Correct Answer
A form of public law seeking to protect society from prohibited acts which threaten the safety of life, property, and/or
public order.
Typically based on statute
Punishment is punitive;
Question 2
Civil Law
Correct Answer
A form of public law that is based on a combination of statute AND common law
Page 1 of 49
,Question 3
Who holds the "burden of proof" in criminal law?
Correct Answer
The prosecutor holds the burden of proof "beyond a reasonable doubt" against the defendant
Question 4
How are criminal cases remedied?
Correct Answer
They are typically punitive; imprisonment, fine, etc
Remedies are designed to punish, rather than compensate for losses
Question 5
Felonies
Correct Answer
A serious criminal offense punishable by a prison sentence of more than one year
Question 6
Misdemeanors
Correct Answer
A crime or offense that is less serious than a felony; any minor misbehavior or misconduct
Page 2 of 49
,Question 7
Who holds the "burden of proof" in civil law?
Correct Answer
the plaintiff holds the "burden of proof" by a preponderance of the evidence against the defendant
Question 8
Elements of a Crime: Mens Rea
Correct Answer
The "guilty mind"; not a crime to merely think about robbing a bank
*A crime requires both elements
Question 9
Elements of a Crime: Actus Reus
Correct Answer
The "guilty act"; not a crime to accidentally pick up a suitcase at the airport that's identical to yours
*A crime requires both elements
Page 3 of 49
, Question 10
Elements of a Crime: Conspiracy (Exception!)
Correct Answer
It is a crime to plan or agree with another to carry out a crime
*Even if the conspired crime does not occur, the actus reus is in the planning and agreement
Question 11
States of Mind
Correct Answer
1) Purposefulness
2) Knowing
3) Recklessness
4) Negligence
Question 12
States of Mind: Purposefulness
Correct Answer
Conscious object is to commit the act
Premeditation can be SOM that imposes a higher standard of purposefulness
Page 4 of 49
Question 1
Criminal Law
Correct Answer
A form of public law seeking to protect society from prohibited acts which threaten the safety of life, property, and/or
public order.
Typically based on statute
Punishment is punitive;
Question 2
Civil Law
Correct Answer
A form of public law that is based on a combination of statute AND common law
Page 1 of 49
,Question 3
Who holds the "burden of proof" in criminal law?
Correct Answer
The prosecutor holds the burden of proof "beyond a reasonable doubt" against the defendant
Question 4
How are criminal cases remedied?
Correct Answer
They are typically punitive; imprisonment, fine, etc
Remedies are designed to punish, rather than compensate for losses
Question 5
Felonies
Correct Answer
A serious criminal offense punishable by a prison sentence of more than one year
Question 6
Misdemeanors
Correct Answer
A crime or offense that is less serious than a felony; any minor misbehavior or misconduct
Page 2 of 49
,Question 7
Who holds the "burden of proof" in civil law?
Correct Answer
the plaintiff holds the "burden of proof" by a preponderance of the evidence against the defendant
Question 8
Elements of a Crime: Mens Rea
Correct Answer
The "guilty mind"; not a crime to merely think about robbing a bank
*A crime requires both elements
Question 9
Elements of a Crime: Actus Reus
Correct Answer
The "guilty act"; not a crime to accidentally pick up a suitcase at the airport that's identical to yours
*A crime requires both elements
Page 3 of 49
, Question 10
Elements of a Crime: Conspiracy (Exception!)
Correct Answer
It is a crime to plan or agree with another to carry out a crime
*Even if the conspired crime does not occur, the actus reus is in the planning and agreement
Question 11
States of Mind
Correct Answer
1) Purposefulness
2) Knowing
3) Recklessness
4) Negligence
Question 12
States of Mind: Purposefulness
Correct Answer
Conscious object is to commit the act
Premeditation can be SOM that imposes a higher standard of purposefulness
Page 4 of 49
