Question

Tom breaks into Sally’s house with the intention of stealing her jewelry, which is a felony....

  1. Tom breaks into Sally’s house with the intention of stealing her jewelry, which is a felony. Unfortunately for Tom, when he breaks into the house, he finds a policeman waiting in Sally’s bedroom to arrest him. Tom is charged with burglary. Which of the following statements is true?
  1. Tom can’t be guilty of burglary because he was arrested before he stole anything
  2. Tom has the defense of entrapment because the police were waiting for him
  3. Tom can be charged only with attempted burglary because he didn’t steal anything
  4. Tom has committed burglary

  1. Robert is President of the United States. Tom, a journalist, publishes in the newspaper statements that Robert has become a cocaine addict. If Robert sues Tom for defamation, Robert must prove that the statements were
  1. False and made with actual malice
  2. Robert can’t sue Tom due to the First Amendment to the U.S. Constitution
  3. Either false or made with actual malice
  4. False

  1. _ is only a defense to charges of criminal liability if it destroys one of the elements necessary to that crime.
  1. Battered spouse syndrome
  2. Mistake
  3. Defense against others
  4. Self-defense

  1. Offering, promising, or giving something of value to a public official with the goal of influencing that official in the discharge of his or her duties is called
  1. Racketeering
  2. Bribery
  3. Embezzlement
  4. Fraud
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Answer #1

1. D

Tom has committed burglary because under the crime of burglary one has to enter someone's property illegaly with intention to commit a crime. It may be theft, larceny or something else. Here, Tom has entered Sally's house with the intention to steal her jwelery.

2. C

It should be either false or made with actual malice. Tom can be held guilty if he has published a false statement. Because truth is defense against defamation. Robert is public official so he has to prove that the fact was published with actual malice.

3. B

Mistake is the only a defense of charge of criminal liability if it destroys one of the elements necessary of that crime

4. B

Bribery is an act under which a public official is given illicit advantages to influence their action regarding their legal or public duty.

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