Multiple Choice Quiz

1		A person with malice aforethought may reveal the intent to
			A)	kill
			B)	inflict grievous bodily injury
			C)	show extreme reckless disregard for human life
			D)	all of the above
2		The killing of one human being by another is
			A)	homicide
			B)	criminal homicide
			C)	murder
			D)	manslaughter
3		In some states, the killing of a fetus is a criminal homicide that is called
			A)	abortion
			B)	feticide
			C)	infanticide
			D)	embryocide
4		An example of a criminal homicide is
			A)	first-degree murder
			B)	second-degree murder
			C)	manslaughter
			D)	all of the above
5		A death that is considered criminal homicide
			A)	is any death caused by the action or omission of another human being
			B)	is any death that occurred without lawful justification
			C)	is caused by an act or omission by another human being with criminally culpable mens rea and without lawful justification or excuse
			D)	is caused by an act or omission by another human being with criminally culpable mens rea, with or without lawful justification or excuse
6		The primary difference between murder and manslaughter is
			A)	murder requires a voluntary act
			B)	murder lacks lawful justification or excuse
			C)	manslaughter involves malice aforethought
			D)	murder involves malice aforethought
7		The requirement that murder occur with malice aforethought means
			A)	the killer must have planned the murder
			B)	the accused must have hated the victim
			C)	the accused had an abandoned and malignant heart
			D)	the accused was angry prior to the action that caused the death, although not necessarily toward the intended victim
8		Which of the following would not be included under the felony murder rule?
			A)	an arsonist who accidentally killed himself while setting fire to a building
			B)	an innocent bystander killed during an arson fire
			C)	a teller in a bank killed when she refused to give money to a robber
			D)	a store owner who was killed during an armed robbery
9		Which of the following is not an inherently dangerous felony?
			A)	forgery
			B)	rape
			C)	arson
			D)	residential burglary
10		An example of murder in the first degree is
			A)	an intentional and premeditated killing
			B)	an unintentional killing by means of a bomb
			C)	a killing during the commission of an inherently dangerous felony
			D)	all of the above
11		Which of the following is not considered evidence of premeditation under California law?
			A)	planning prior to the killing
			B)	evidence of a motive
			C)	evidence that the accused knew the victim before the killing
			D)	a manner of killing so particular and exacting that the defendant must have intentionally killed according to a 'preconceived design'
12		Under the common law rule for manslaughter, in order for the accused to make a successful provocation defense
			A)	he or she must have acted in the heat of passion
			B)	he or she must have acted in the heat of passion that was caused by legally sufficient provocation
			C)	the accused must have met a level of provocation that caused him or her to lose control
			D)	he or she must have acted in the heat of passion caused by legally sufficient provocation of such a degree that a person of reasonable ordinary temperament would lose normal self-control
13		Which of the following is no longer considered a legally relevant provocation for a heat of passion defense?
			A)	harmful battery
			B)	a known illegal arrest
			C)	an assault with the intent to kill
			D)	infidelity of a spouse
14		In some states, a private citizen who mistakenly uses deadly force can be held criminally liable for the death of the victim under the doctrine of
			A)	mistaken justification
			B)	voluntary manslaughter
			C)	heat of passion
			D)	adequate provocation
15		A specific category of homicide that would include a drunk driver who causes an accident that kills his or her passenger is
			A)	murder
			B)	involuntary manslaughter
			C)	vehicular manslaughter
			D)	murder in the second degree