TOLES模拟试题（6）
TOLES 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？a．slander．
b．battery．
c．invasion of privacy．
d．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．
b．manslaughter．
c．a misdemeanor．
d．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．
defendantc．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 "responsible corporate officer" doctrine means that：
a．corporate officers must be responsible for their own actions but not for statutory violations committed by employees under their supervision．
b．corporate officers are responsible only for profits．
c．corporate officers are never responsible for profits．
d．corporate officers may be held liable for statutory violations committed by employees under their supervision．