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LMPT Test 2 – Questions With Correct Solutions
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LMPT Test 2 – Questions With Correct Solutions
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LMPT Test 2 – Questions With Correct SolutionsWhat is a crime? Right Ans - An act, or failure to act, prohibited by law and
punishable by the government
What is a tort? Right Ans - An act, or failure to act, in which the law
provides a remedy for the victim through a civil action (claim and/or lawsuit)
What is probable cause defined? Right Ans - Facts and circumstances that
would lead a reasonably prudent person to believe that a criminal offense has
probably taken place and the person charged with the offense probably
committed it
What are the Elements of a criminal statute? Right Ans - -criminal intent
-criminal act
-punishment
(Motive is not generally an element of a crime)
What are the two types of criminal intent offenses? Right Ans - -General
intent offenses
-specific intent offenses
What is a general intent offense? Right Ans - Only requires the intent to do
the prohibited act. No specific mental state, evil motive or intent to violate the
law is required. All the government must prove that the perpetrator
committed the act willfully, deliberately, or intentionally and that it was not
an accident
What is a specific intent offense? Right Ans - Requires proof of a particular
mental state. Requires that the perpetrator desired the consequences of the
actions, as set forth in the statute. Intentionally, willfully, maliciously,
purposefully, with intent to, through design, with malice aforethought, and
premeditation
Felony? Right Ans - And offense for which the maximum term of
imprisonment authorized by statute is MORE than ONE year
Misdemeanor? Right Ans - And offense for which the maximum term of
imprisonment authorized by statute is ONE year OR LESS
,Attempts? Right Ans - An act that constitutes a substantial step towards the
commission of a crime
Jurisdiction? Right Ans - The power of the government to act when a
criminal offense has been committed
What are the three different types of jurisdiction? Right Ans - -exclusive
jurisdiction
-concurrent jurisdiction
-proprietary jurisdiction
What is exclusive jurisdiction? Right Ans - Only the United States
government has criminal jurisdiction over the area
What is concurrent jurisdiction? Right Ans - Both United States
government and the state government were in the property is located have
criminal jurisdiction over the area
What is proprietary jurisdiction? Right Ans - The United States has no more
authority over the area than any other owner of private property
18 USC 13 Right Ans - The assimilative crimes act
What is the assimilative crimes act? Right Ans - When an act occurs on
exclusive or concurrent jurisdictional property, and there is no federal
criminal statute that prohibits the act, the assimilative crimes act allows the
federal government to adopt a state criminal statute that prohibits the act, and
prosecuted in federal court as a federal criminal offense
18 USC 201 Right Ans - Bribery of public officials and witnesses
Public official? Right Ans - An officer or employee or person acting for or
on behalf of the United States, or any department or branch of the United
States government, or a juror
What is bribery? Right Ans - To corruptly give, offer or promise, a public
official, directly or indirectly, anything of value, with the intent to influence
any official act by that public official
, Indirect bribery? Right Ans - It is a crime if something of value is given
indirectly to someone selected or designated by the "public official " or
witness
Anything of value? Right Ans - Broadly construed with the focus being on
the subjective value the defendant places on the item. Examples: currency,
automobiles, jewelry, promises of future employment, sex, all expenses paid
trips or vacations
Gratuities? Right Ans - Similar to a bribe in that a thing of value is involved
however, there is no corrupt intend to influence in official act by the public
official
18 USC 1581? Right Ans - Peonage; A status or condition of compulsory
service, based upon the indebtedness of the peon to the holder of the debt
18 USC 1589? Right Ans - Forced labor: whoever knowingly provides or
obtains labor or services of a person by anyone of, or by any combination of,
means of force, threats of force, physical restraint, or threats of physical
restraint to that person or another person
18 USC 1591? Right Ans - Sex trafficking: recruits, entices, harbors,
transports, provides, obtains, advertisers, maintains, patronize is, or solicit by
any means any person 18 years of age or older using or knowing that force,
threat of force, fraud, coercion or any combination of such means will be used
to cause the victim to engage in commercial sex act
(Sex trafficking underage is the same statute definition except it says under
the age of 18)
What are the elements of a tort? Right Ans - -duty
-breach (intentional breach)
-proximate (legal) cause
-Damages: actual, punitive (exemplary) and attorney fees
Special maritime and territorial jurisdiction? (SMTJ) Right Ans - Any lands
reserved or acquired for the use of the United States, and under the exclusive
or concurrent jurisdiction thereof, or any place purchased or otherwise
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