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Derecho Comparado 06 2016, Exámenes de Derecho Comparado

examen criminal law

Tipo: Exámenes

2015/2016

Subido el 31/05/2016

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COMPARATIVE INTRODUCTION TO LEGAL SYSTEMS- CRIMINAL LAW TEST
SURNAME……………………………FIRST NAME………………………ID……………….
1. Which of the following countries has a federal criminal law system?
a) Germany
b) Italy
c) France
d) USA
2. Which of the following expressions refers exclusively to defences?
a) Common law, case law, negligence, procedural defences
b) Justifications, excuses, alibi
c) Alibi, corporate liability, innovative defences
d) Procedural defences, recklessness, intention
3. The “common law” or “case law” in common law systems can be
identified with…
a) The law developed by judges through decisions of courts
b) The law enacted by a parliament or by a legislative assembly
c) The law approved following the indications of the government
d) The statutory law
4. Which three elements compose the concept of crime in Common Law?.
a) actus reus, mens rea and recklessness
b) actus reus, mens rea and the concurrence of the two.
c) actus reus, mens rea and intention
d) mens rea, intention and liability
5. According to the stire decides principle….
a) Similar cases should be decided according to principled rules so
that they will reach similar results.
b) Only the decisions taken by the highest tribunals have to be
followed by lower tribunals
c) Any decision taken by any kind of tribunal in whatever type of case
has to be taken into account when a tribunal is ruling a case
d) Nothing can be said according to it, since this principle does not
exist
6. When the defendant pleads innocent because of the concurrence of an
Alibi, he/she means that…
a) He/she admits committing the crime, but claims the necessity to
avoid some greater evil
b) He/she admits committing the crime, but states that he/she was
acting under duress
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COMPARATIVE INTRODUCTION TO LEGAL SYSTEMS- CRIMINAL LAW TEST

SURNAME……………………………FIRST NAME………………………ID……………….

  1. Which of the following countries has a federal criminal law system? a) Germany b) Italy c) France d) USA
  2. Which of the following expressions refers exclusively to defences? a) Common law, case law, negligence, procedural defences b) Justifications, excuses, alibi c) Alibi, corporate liability, innovative defences d) Procedural defences, recklessness, intention
  3. The “common law” or “case law” in common law systems can be identified with… a) The law developed by judges through decisions of courts b) The law enacted by a parliament or by a legislative assembly c) The law approved following the indications of the government d) The statutory law
  4. Which three elements compose the concept of crime in Common Law?. a) actus reus, mens rea and recklessness b) actus reus, mens rea and the concurrence of the two. c) actus reus, mens rea and intention d) mens rea, intention and liability
  5. According to the stire decides principle…. a) Similar cases should be decided according to principled rules so that they will reach similar results. b) Only the decisions taken by the highest tribunals have to be followed by lower tribunals c) Any decision taken by any kind of tribunal in whatever type of case has to be taken into account when a tribunal is ruling a case d) Nothing can be said according to it, since this principle does not exist
  6. When the defendant pleads innocent because of the concurrence of an Alibi, he/she means that… a) He/she admits committing the crime, but claims the necessity to avoid some greater evil b) He/she admits committing the crime, but states that he/she was acting under duress

c) He/she admits committing the crime, but in a moment when he/she was not legally responsible of his/her actions due to his/her mental state d) He/she declares that he/she could not have committed the crime because he/she was somewhere else when the crime was committed

  1. The adversarial criminal process… a) Is the type of process adopted generally in civil law countries, consisting in a balanced fight between two parties in front of a jury b) Is the type of process adopted generally in common law countries, consisting in balanced fight between two parties in front of a jury. c) Is the type of process adopted generally in civil law countries, in which a professional judge has a prominent role during the investigation phase. d) Is the type of process adopted generally in common law countries, in which a professional judge has a prominent role during the investigation phase.
  2. The interest of A.v. Feuerbach in comparative law can be understood in the context of the a) Influence of traditional natural law b) Enlightenment spirit c) Rejection of the principles of the French Revolution d) Influence of American Law on German Criminal Law
  3. Utilitarism and realism are the basis of a) Retributionism b) German concept of crime c) Angloamerican conception of legal systems d) All philosophies of punishment.
  4. In continental criminal law systems the principle of legality a) Is related to prohibition of analogy and of not statutory law b) Is a consequence of the due process principle c) Is only accepted in its procedural dimension, that implies compulsory prosecution of all human actions legally defined as crimes d) Is not more relevant than in common law countries, after the unification of all national legal systems introduced by the Rome Statute.
  5. The concept of culpability founded on German theoretical tradition a) has been accepted in Common Law systems
  1. Nowadays, what are the methods used in the USA to execute death penalties? A) Lethal injection, electrocution, gas chamber, crucifixion and hanging. B) Lethal injection, electrocution, gas chamber, stoning and hanging. C) Lethal injection, electrocution, gas chamber, firing squad and hanging. D) Lethal injection, electrocution, gas chamber, decapitation and hanging.
  2. Which of the following requirements is NOT included among those that can be imposed in community sentences in UK? A) Unpaid work. B) Supervision. C) An alcohol treatment. D) Spend a determinate period of time in prison.
  3. “Sexual abuse and sexual exploitation of children” and “trafficking in human beings”… A) are two examples of the harmonization of criminal law in the EU legislation. B) are still not a crime in any country of the EU. C) are considered to be the same crime in the EU. D) are two examples of completely different regulations between countries in the EU.
  4. Which of the following sentences is NOT a type of custodial sentence in the UK? A) Suspended sentences B) Determinate sentences C) Life sentences D) Death sentences
  5. Which of these post-incarceration sanctions is NOT applied to sex offenders in the USA? A) Sex offender registries B) Forced labor C) Residence restrictions D) Supervised release