Essential Criminal Law 2nd Edition By Lippman - Test Bank

Chapter 1: The Nature, Purpose, and Function of Criminal Law

Test Bank

Multiple Choice

1. A crime punishable by more than one year of imprisonment is a:

a. gross misdemeanor

b. felony

c. violation

d. petty misdemeanor

Ans: B

Learning Objective: 1-3: Know the difference between felonies and misdemeanors and the difference between mala in se and mala prohibita.

Cognitive Domain: Knowledge

Answer Location: Categories of Crime/Felonies and Misdemeanors

Difficulty Level: Easy

2. A determination of probable cause made by the prosecutor results in the filing of a(n):

a. information

b. indictment

c. post arrest investigation

d. sentence

Ans: A

Learning Objective: 1-5: Understand the stages of the federal criminal justice process.

Cognitive Domain: Knowledge

Answer Location: The Criminal Justice Process/Pretrial

Difficulty Level: Easy

3. When the U.S. Supreme Court issues an opinion, the opinion that establishes legal precedent is known as the:

a. concurring opinion

b. plurality opinion

c. dissenting opinion

d. majority opinion

Ans: D

Learning Objective: 1-5: Understand the stages of the federal criminal justice process.

Cognitive Domain: Knowledge

Answer Location: The Structure of the Federal and State Court Systems

Difficulty Level: Easy

4. A court decision that does not identify the authoring judge is the definition of what type of decision?

a. plurality

b. certiorari

c. per curiam

d. precedent

Ans: C

Learning Objective: 1-5: Understand the stages of the federal criminal justice process.

Cognitive Domain: Knowledge

Answer Location: The Structure of the Federal and State Court Systems

Difficulty Level: Easy

5. Which of the following articles of the U.S. Constitution establishes the federal judicial system?

a. Article IV

b. Article II

c. Article I

d. Article III

Ans: D

Learning Objective: 1-5: Understand the stages of the federal criminal justice process.

Cognitive Domain: Knowledge

Answer Location: The Structure of the Federal and State Court Systems

Difficulty Level: Easy

6. When a cause of action may be filed in either state or federal court, the courts are said to have:

a. inferior jurisdiction

b. concurrent jurisdiction

c. original jurisdiction

d. en banc jurisdiction

Ans: B

Learning Objective: 1-5: Understand the stages of the federal criminal justice process.

Cognitive Domain: Knowledge

Answer Location: The Structure of the Federal and State Court Systems

Difficulty Level: Easy

7. Jack is charged with first-degree murder and is set for trial in the same jurisdiction where the alleged crime occurred. Because of the high-profile nature of the case, Jack’s attorney wants to move the trial to another location. Jack’s lawyer should file a(n):

a. pretrial motion

b. indictment

c. appeal

d. postarrest investigation

Ans: A

Learning Objective: 1-5: Understand the stages of the federal criminal justice process.

Cognitive Domain: Application

Answer Location: The Criminal Justice Process

Difficulty Level: Medium