©BRIGHTSTARS EXAM SOLUTIONS
11/17/2024 10:19 AM
LMPT Test 2 Exam Questions And Answers
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What is a crime? - answer✔An act, or failure to act, prohibited by law and punishable by the
government
What is a tort? - answer✔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? - answer✔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? - answer✔-criminal intent
-criminal act
-punishment
(Motive is not generally an element of a crime)
What are the two types of criminal intent offenses? - answer✔-General intent offenses
-specific intent offenses
What is a general intent offense? - answer✔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? - answer✔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? - answer✔And offense for which the maximum term of imprisonment authorized by
statute is MORE than ONE year
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Misdemeanor? - answer✔And offense for which the maximum term of imprisonment
authorized by statute is ONE year OR LESS
Attempts? - answer✔An act that constitutes a substantial step towards the commission of a
crime
Jurisdiction? - answer✔The power of the government to act when a criminal offense has been
committed
What are the three different types of jurisdiction? - answer✔-exclusive jurisdiction
-concurrent jurisdiction
-proprietary jurisdiction
What is exclusive jurisdiction? - answer✔Only the United States government has criminal
jurisdiction over the area
What is concurrent jurisdiction? - answer✔Both United States government and the state
government were in the property is located have criminal jurisdiction over the area
What is proprietary jurisdiction? - answer✔The United States has no more authority over the
area than any other owner of private property
18 USC 13 - answer✔The assimilative crimes act
What is the assimilative crimes act? - answer✔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 - answer✔Bribery of public officials and witnesses
Public official? - answer✔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? - answer✔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? - answer✔It is a crime if something of value is given indirectly to someone
selected or designated by the "public official " or witness
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Anything of value? - answer✔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? - answer✔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? - answer✔Peonage; A status or condition of compulsory service, based upon the
indebtedness of the peon to the holder of the debt
18 USC 1589? - answer✔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? - answer✔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? - answer✔-duty
-breach (intentional breach)
-proximate (legal) cause
-Damages: actual, punitive (exemplary) and attorney fees
Special maritime and territorial jurisdiction? (SMTJ) - answer✔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 acquired by the United States by consent of the legislature of
the state in which the same shall be, for the erection of a fort, magazine, arsenal, docyard, or
other needful building
What is the fourth amendment? - answer✔The right of the people to be secure in their
persons, houses, papers, and effects, against UNREASONABLE searches and seizures, shall not
be violated, and no warrant shall be issue, but upon probable cause, supported by oath or
affirmation, and particularly DESCRIBING the place to be searched and the persons or things to
be seized
Who is protected by the fourth amendment? - answer✔-citizens
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