LMPT test 2 Exam Questions and Answers
What is a crime? - AnswersAn act, or failure to act, prohibited by law and punishable by the government
What is a tort? - AnswersAn act, or failure to act, in which the law provides a remedy for the victim through a civil action (claim and/or l...
What is a crime? - Answers✓✓An act, or failure to act, prohibited by law and punishable by the
government
What is a tort? - Answers✓✓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? - Answers✓✓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? - Answers✓✓-criminal intent
-criminal act
-punishment
(Motive is not generally an element of a crime)
What are the two types of criminal intent offenses? - Answers✓✓-General intent offenses
-specific intent offenses
What is a general intent offense? - Answers✓✓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? - Answers✓✓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? - Answers✓✓And offense for which the maximum term of imprisonment authorized by
statute is MORE than ONE year
Misdemeanor? - Answers✓✓And offense for which the maximum term of imprisonment
authorized by statute is ONE year OR LESS
Attempts? - Answers✓✓An act that constitutes a substantial step towards the commission of a
crime
Jurisdiction? - Answers✓✓The power of the government to act when a criminal offense has
been committed
What are the three different types of jurisdiction? - Answers✓✓-exclusive jurisdiction
-concurrent jurisdiction
-proprietary jurisdiction
What is exclusive jurisdiction? - Answers✓✓Only the United States government has criminal
jurisdiction over the area
What is concurrent jurisdiction? - Answers✓✓Both United States government and the state
government were in the property is located have criminal jurisdiction over the area
What is proprietary jurisdiction? - Answers✓✓The United States has no more authority over the
area than any other owner of private property
What is the assimilative crimes act? - Answers✓✓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 - Answers✓✓Bribery of public officials and witnesses
Public official? - Answers✓✓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? - Answers✓✓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? - Answers✓✓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? - Answers✓✓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? - Answers✓✓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? - Answers✓✓Peonage; A status or condition of compulsory service, based upon
the indebtedness of the peon to the holder of the debt
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