TOLES强化模拟试题(6).docVIP

TOLES 强化模拟试题 （ 6） A. Please select the best answer to the following questions. 1. A crime may be defined as ： a. a wrong committed only against persons. b. a wrong prohibited by the common law but not statutory law. c. a wrong prosecuted by a private attorney. d. a wrong committed against society as a whole. 2. Standard of proof in a criminal law case is ： a. by a preponderance of the evidence. b. the 50 percent rule. c. beyond a reasonable doubt. d. by clear and convincing evidence. 3. Which tort provides a basis for a criminal prosecution as well as a tort action ？ slander. battery. invasion of privacy. libel. 4. Which of the following does NOT describe a felony ？ a. If found guilty ， you are sentenced to prison for up to six months. b. If found guilty ， you go to federal or state penitentiary. c. If found guilty ， you may face the death penalty d. If found guilty ， you may face life imprisonment. 5. A homicide committed without malice towards the victim is known as  ： a. first-degree murder. manslaughter. a misdemeanor. extortion. 6. If you are convicted of disorderly conduct and are sentenced to pay a fine and nothing more ， you have committed ： a. a fifth degree felony. b. a misdemeanor. c. a third degree felony. d. only a tort. d. only a tort. 7. In order for someone to be convicted of a crime ， which of the following elements must exist.9 a. The defendant had a socially maladjusted childhood. b. The defendant had no intent to commit the act. c. The defendant performed a prohibited act. d. The defendant performed a morally questionable act. 8. A wrongful mental state is known as ： a. mens rea. b. malum in se. c. actus reus. d. deus ex machina. 9. With regard to corporations ： a. they may be held liable for crimes ， just as individuals may be. b. they may never be held liable for crimes. c. they do not really exist ， so they cannot be liable for crimes ， only for torts. d. they may only be held liable for crimes if they are privately owned. 10. The qu