Test Bank For
Criminal Law for Legal Professionals, 4th Edition Michael Gulycz, Mary Ann Kelly
Chapters 1-24
Chapter 01
Criminal Law in Canada
Multiple Choice Questions
1. American law can be described by any of the following definitions except
A. the known decisions of the courts of the federal and state governments
B. the ability to impose statutes upon those who commit crimes against Americans anywhere
C. the federal, state, or local enactments of legislative bodies
D. rules and regulations proclaimed by administrative bodies
2. __________ describes when a jury, having the power to acquit a criminal defendant, does
so in complete disregard of the rules of law and facts before it.
A. jurors' prerogative
B. jury selection
C. jurors' choice
D. jury nullification
3. Criminal law is distinguished from all other law because
A. other types of law, such as civil law, seek to regulate acts that are contrary to the
community interest of the social or government unit.
B. criminal law seeks to regulate acts that are contrary to the community interest of the social
or government unit.
C. Criminal law seeks to influence and protect the public from obvious and egregious moral
wrongs.
D. such types of law as civil law impose punishment for crimes committed.
4. Many cultures do not make the distinction between secular (nonreligious) and __________
law that is so central to American culture.
A. statutory
B. federal
C. sacred
D. religious
,5. All criminal law is ___________; that is, crimes are defined by the legislatures of the states
and the federal government.
A. common law
B. case law
C. statutory
D. discretionary
6. __________ regularly refine and redefine the criminal law.
A. Congress and state legislatures
B. Congress and the U.S. Senate
C. the U.S. and state senates
D. the executive and judicial branches of federal government
7. Although modern criminal law is essentially statutory, the role of the courts is still required
because
A. common law, or case law, is still used for the most frequently committed offenses, so
judges must review each of these cases individually.
B. common law takes precedence over statutory law in many jurisdictions, and the two
systems often compete.
C. criminal statutes often contain vague or general language that requires courts to interpret
the statute's meaning when applied to a particular case.
D. criminal statutes do not include any sentencing guidelines, and therefore a judge is needed
to provide the appropriate punishments.
8. The role of common law in today's modern criminal justice system
A. defines nearly all crimes covered in criminal law statutes in all jurisdictions.
B. takes precedence over statutory law in many jurisdictions.
C. usually is preferred since statutory law is overly vague.
D. is a predecessor of today's statutory criminal law.
9. Many states' modern criminal laws are the codification of common law crimes and when
there is a question of statutory meaning, courts
A. look to the common law definitions to help in understanding the term in question
B. revert to common law definitions and punishments, since they are easier to apply
C. revert to common law punishments except for those involving the death sentence
D. consider the common law definitions only after exhausting all other means
,10. Much of the reform of English and American criminal law was influenced by
A. the American Law Institute (ALI).
B. Jeremy Bentham.
C. King George III.
D. the U.S. Supreme Court.
11. One reason for the decline of judicially created criminal law definitions is the principle of
______, which is a core concept of the American system of criminal justice.
A. common law
B. case law
C. legality
D. mens rea
12. According to your text, the establishment of the American Law Institute was the result of
A. political rivalries and power struggles.
B. a desire to revive common law.
C. a quest for a newer, more flexible common law.
D. general dissatisfaction with American criminal law.
13. Since the Civil War, federal criminal law has
A. expanded to overlap areas that previously were within the exclusive province of the states.
B. shrunk in its influence, leaving states' rights relatively free.
C. taken over many states' rights, such as control of state senates.
D. retained approximately the same influence as before.
14. The U.S. Constitution does NOT explicitly enumerate __________ as a crime.
A. mail fraud
B. crimes committed on the high seas
C. counterfeiting
D. crimes against the law of nations
, 15. The principal purpose of the criminal law is to
A. prevent and control crime.
B. punish offenders.
C. attract attention to criminals.
D. promote social peace through strict laws.
16. Generally, the criminal law seeks to sanction only those persons who voluntarily commit
A. an unlawful act (actus reus) before or after having an appropriate guilty mental state (mens
rea), even with excuse or justification.
B. an unlawful act (actus reus) accompanied by the appropriate guilty mental state (mens
rea), even with excuse or justification.
C. an unlawful act (actus reus) accompanied by the appropriate guilty mental state (mens
rea), under circumstances that did not involve excuse or justification.
D. an unlawful act (actus reus) before or after having an appropriate guilty mental state (mens
rea), under circumstances that did not involve excuse or justification.
17. The _________ distinguishes criminal law from other law.
A. use of plaintiffs instead of prosecutors
B. imposition of punishment for its violation
C. imposition of punitive damages that are payable to the plaintiff
D. lack of appropriate legal safeguards for defendants
18. The utilitarian legal philosopher Jeremy Bentham reorganized the law of crimes according
to the
A. convention of the day.
B. general will of the people.
C. view of those in power.
D. amount of social harm they caused.
Criminal Law for Legal Professionals, 4th Edition Michael Gulycz, Mary Ann Kelly
Chapters 1-24
Chapter 01
Criminal Law in Canada
Multiple Choice Questions
1. American law can be described by any of the following definitions except
A. the known decisions of the courts of the federal and state governments
B. the ability to impose statutes upon those who commit crimes against Americans anywhere
C. the federal, state, or local enactments of legislative bodies
D. rules and regulations proclaimed by administrative bodies
2. __________ describes when a jury, having the power to acquit a criminal defendant, does
so in complete disregard of the rules of law and facts before it.
A. jurors' prerogative
B. jury selection
C. jurors' choice
D. jury nullification
3. Criminal law is distinguished from all other law because
A. other types of law, such as civil law, seek to regulate acts that are contrary to the
community interest of the social or government unit.
B. criminal law seeks to regulate acts that are contrary to the community interest of the social
or government unit.
C. Criminal law seeks to influence and protect the public from obvious and egregious moral
wrongs.
D. such types of law as civil law impose punishment for crimes committed.
4. Many cultures do not make the distinction between secular (nonreligious) and __________
law that is so central to American culture.
A. statutory
B. federal
C. sacred
D. religious
,5. All criminal law is ___________; that is, crimes are defined by the legislatures of the states
and the federal government.
A. common law
B. case law
C. statutory
D. discretionary
6. __________ regularly refine and redefine the criminal law.
A. Congress and state legislatures
B. Congress and the U.S. Senate
C. the U.S. and state senates
D. the executive and judicial branches of federal government
7. Although modern criminal law is essentially statutory, the role of the courts is still required
because
A. common law, or case law, is still used for the most frequently committed offenses, so
judges must review each of these cases individually.
B. common law takes precedence over statutory law in many jurisdictions, and the two
systems often compete.
C. criminal statutes often contain vague or general language that requires courts to interpret
the statute's meaning when applied to a particular case.
D. criminal statutes do not include any sentencing guidelines, and therefore a judge is needed
to provide the appropriate punishments.
8. The role of common law in today's modern criminal justice system
A. defines nearly all crimes covered in criminal law statutes in all jurisdictions.
B. takes precedence over statutory law in many jurisdictions.
C. usually is preferred since statutory law is overly vague.
D. is a predecessor of today's statutory criminal law.
9. Many states' modern criminal laws are the codification of common law crimes and when
there is a question of statutory meaning, courts
A. look to the common law definitions to help in understanding the term in question
B. revert to common law definitions and punishments, since they are easier to apply
C. revert to common law punishments except for those involving the death sentence
D. consider the common law definitions only after exhausting all other means
,10. Much of the reform of English and American criminal law was influenced by
A. the American Law Institute (ALI).
B. Jeremy Bentham.
C. King George III.
D. the U.S. Supreme Court.
11. One reason for the decline of judicially created criminal law definitions is the principle of
______, which is a core concept of the American system of criminal justice.
A. common law
B. case law
C. legality
D. mens rea
12. According to your text, the establishment of the American Law Institute was the result of
A. political rivalries and power struggles.
B. a desire to revive common law.
C. a quest for a newer, more flexible common law.
D. general dissatisfaction with American criminal law.
13. Since the Civil War, federal criminal law has
A. expanded to overlap areas that previously were within the exclusive province of the states.
B. shrunk in its influence, leaving states' rights relatively free.
C. taken over many states' rights, such as control of state senates.
D. retained approximately the same influence as before.
14. The U.S. Constitution does NOT explicitly enumerate __________ as a crime.
A. mail fraud
B. crimes committed on the high seas
C. counterfeiting
D. crimes against the law of nations
, 15. The principal purpose of the criminal law is to
A. prevent and control crime.
B. punish offenders.
C. attract attention to criminals.
D. promote social peace through strict laws.
16. Generally, the criminal law seeks to sanction only those persons who voluntarily commit
A. an unlawful act (actus reus) before or after having an appropriate guilty mental state (mens
rea), even with excuse or justification.
B. an unlawful act (actus reus) accompanied by the appropriate guilty mental state (mens
rea), even with excuse or justification.
C. an unlawful act (actus reus) accompanied by the appropriate guilty mental state (mens
rea), under circumstances that did not involve excuse or justification.
D. an unlawful act (actus reus) before or after having an appropriate guilty mental state (mens
rea), under circumstances that did not involve excuse or justification.
17. The _________ distinguishes criminal law from other law.
A. use of plaintiffs instead of prosecutors
B. imposition of punishment for its violation
C. imposition of punitive damages that are payable to the plaintiff
D. lack of appropriate legal safeguards for defendants
18. The utilitarian legal philosopher Jeremy Bentham reorganized the law of crimes according
to the
A. convention of the day.
B. general will of the people.
C. view of those in power.
D. amount of social harm they caused.
