Criminal Law Regionals 2016: Chapter 11

1. In the case of assault, the aggravating factors are usually a. use of a firearm b. intent to commit a felony c. use of a firearm or intent to commit a felony d. none of these answers is correct

2. An assault made more serious by presence of a firearm or as part of intent to commit a felony is called a. aggravated assault b. battery c. completed assault d. assault

3. A battery that causes serious bodily injury or is committed with a deadly weapon is called a. aggravated battery b. assault c. completed battery d. battery

4. A defense in which the defendant claims the other party was the aggressor and the defendant acted in self-defense is known as the a. aggressor defense b. mutual combat defense c. reasonable discipline of a child by a parent d. necessary conduct defense

5. What is the name of an unlawful striking or offensive touching? a. robbery b. aggravated assault c. battery d. mayhem

6. Who of the following are required, by law, to report suspected child abuse? a. doctors b. teachers c. nurses d. all of these

7. An assault or battery can occur in a contact sport a. if it is not consented to in writing b. only if it constitutes a felony c. if it is beyond the rules of the game d. if the players differ in size

8. A defense to a charge of unwanted touching or physical contact could be that the touching was a. offensive b. accidental c. belligerent d. disorderly

9. Under the Model Penal Code, giving someone a fierce look with intent to frighten would a. not amount to a crime b. be a simple assault c. constitute the crime of menacing d. be a battery

10. The defense to an assault or battery charge that a fight occurred in which all the parties willingly engaged is known as the a. aggressor defense b. mutual combat defense c. medical care defense d. the jostling defense

11. On the federal level, which of the following crimes would constitute disablement of the normal functioning of a human body? a. affray b. jostling c. mayhem d. disorderly conduct

12. When seeking to avoid the defenses that the other party was the aggressor or that mutual combat occurred, police and prosecutors are likely to charge a. disorderly conduct b. lesser assault c. public intoxication d. misdemeanor assault

13. An assault or battery may be a felony offense a. because of the seriousness of the victim's injuries b. because a dangerous or deadly weapon was used c. because of the seriousness of the victim's injuries, and because a dangerous or deadly weapon was used d. though not because of the seriousness of the victim's injuries, nor because a dangerous or deadly weapon was used.

14. If a victim is intentionally selected because of their race, religion, color, nationality, etc., the defendant may be charged criminally a. with discrimination b. with hate crime c. abuse d. with a violation of constitutional rights

15. Parents have a legal duty to provide their children with the following EXCEPT a. education b. reasonable physical environment c. money d. clothing

16. The amount of force that parents may reasonably use in controlling their children is determined in view of a. community standards b. the child's age and sex c. the child's level of education d. how the parents were raised

17. The crime of kidnapping involves unlawfully a. moving a person b. assaulting a person c. battering a person d. concealing a person

18. Because kidnapping requires the victim to be moved "some distance" or a "substantial distance," some states have created the crime of a. false imprisonment b. abduction c. involuntary servitude d. hostage taking

19. All of the following are defenses to a charge of assault or battery except a. that the other party consented within the rules of the sport being played b. that it was reasonable discipline of a child by a parent c. that the conduct was necessary and lawful d. all of these are defenses to a charge of assault or battery

20. An individual who unlawfully restrains or detains another may be charged with a. false imprisonment b. kidnapping c. involuntary servitude d. none of the above

21. A false imprisonment aggravated by the movement of the victim to another place constitutes the crime of a. false imprisonment b. kidnapping c. involuntary servitude d. none of the above

22. The primary difference between the offenses of "kidnapping" and "hostage taking" is a. one is a felony while the other is a misdemeanor b. there is no difference, the offenses are identical c. only kidnapping requires forcible movement of the victim d. only hostage taking was a crime at common law

23. The use or threat of use of force to restrain or confine a person with the intent to use the person as a hostage to compel another person to perform some act is the definition of a. hostage taking b. kidnapping c. battery d. assault

24. In most states parental kidnapping a. is a civil offense only b. may be dealt with only as part of a pending divorce case c. is a misdemeanor d. is a felony

25. Under the federal Missing Children's Assistance Act, parents of missing children a. have access to the National Crime Information Center's missing person files b. can file kidnapping charges against spouses who kidnap children c. must be informed of all law enforcement efforts to find the child d. may sue kidnappers for money damages

26. In 1996, Congress passed a law that forbids anyone convicted of which of the following crimes from possessing a firearm? a. child abuse b. elder abuse c. affray d. domestic violence

27. What crime is similar to kidnapping but does not require moving the victim a "substantial distance"? a. hostage taking b. interstate kidnapping c. parental taking d. hostage kidnapping

28. The FBI can enter parental kidnapping cases through the Fugitive Felon Act if which of the following conditions exist? a. a state arrest warrant has been issued charging the parent with a felony violation b. law enforcement officers have evidence of interstate flight c. a specific request for FBI assistance must be made by state authorities, who agree to extradite and prosecute d. all of these answers are correct

29. An assault conviction requires acts intended to cause a. bodily injury, or instill fear of such injury b. fear of bodily injury c. bodily injury d. none of these answers is correct

30. Virtually any kind of physical contact can constitute a a. battery b. assault c. taking hostage d. kidnapping