Removal Exam

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Criminal law removal exam for Criminology students

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NAME:____________________________________________ SECTION: ________________________
1. An act or omission which is a result of a misapprehension of facts that is voluntary but not intentional.
A. impossible crime
B. mistake of facts
C. accidental crime
D. complex crime

2. Ignorance of the law excuses no one from compliance therewith.
A. ignorantia legis non excusat
B. parens patriae
C. res ipsa loquitur
D. dura lex sed lex

3. An act which would be an offense against persons or property if it was not for the inherent
impossibility of its accomplishment.
A. compound crime C. complex crime
B. impossible crime D. accidental crime

4. One who is deprived completely of reason or discernment and freedom of the will at the time
of the commission of the crime.
A. discernment C. epilepsy
B. insanity D. imbecility

5. Something that happen outside the sway of our will, and although it comes about through
some acts of our will, lies beyond the bound s of humanly foreseeable consequences.
A. fortuitous event C. accident
B. fate D. destiny

6. This right of the accused is founded on the principle of justice and is intended not to protect
the guilty but to prevent as far as human agencies can the conviction of an innocent
person.
A. right to due process of law
B. presumption of innocence
C. right to remain silent
D. right against self-incrimination

7. Circumstances wherein there is an absence in the agent of the crime any of all the conditions
that would make an act voluntary and hence, though there is no criminal liability there is civil
liability.
A. Exempting C. justifying
B. alternative D. aggravating

8. A special aggravating circumstance where a person, after having been convicted by final
judgment, shall commit a new felony before beginning to serve such sentence, or while
serving the same.
A. quasi-recidivism C. reiteracion
B. recidivism D. charivari

9. Which of the following is not a person in authority?
A. Municipal mayor
B. Private School Teacher
C. Police Officer
D. Municipal Councilor

10. A building or structure, exclusively used for rest and comfort.
A. sanctuary C. jail
B. prison D. dwelling

11. The mental capacity to understand the difference between right and wrong.
A. treachery C. recidivism
B. premeditation D. discernment

12. Conspiracy to commit this felony is punishable under the law.
A. Estafa C. Rebellion
B. Murder D. Rape

13. It means that the resulting injury is greater than that which is intended.
A. Aberratio ictus C. Dura Lex Sed lex
B. Error in personae D. Praeter Intentionem

14. It means mistake in the blow.
A. Aberratio Ictus C. Dura lex sed lex
REMOVAL EXAM (CRIMINAL LAW)

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B. Error in Personae D. Praeter Intentionem

15. A stage of execution when all the elements necessary for its execution and accomplishment
are present.
A. Attempted C. Consummated
B. Frustrated D. Accomplished

16. An act or omission which is the result of a misapprehension of
facts that is voluntary but not intentional.
A. Absolutory Cause C. Conspiracy
B. Mistake of facts D. Felony

17. Crimes that have three stages of execution.
A. Material C. Seasonal
B. Formal D. Continuing

18. Felonies where the acts or omissions of the offender are malicious.
A. Culpable C. Deliberate
B. Intentional D. Inculpable

19. It indicates deficiency of perception.
A. Negligence C. Imprudence
B. Diligence D. Inference

20. Acts and omissions punishable by special penal laws.
A. Offenses C. Felonies
B. Misdemeanors D. Ordinances

21. A character of Criminal Law, making it binding upon all persons
who live or sojourn in the Philippines.
A. General C. Prospective
B. Territorial D. Retroactive

22. When the accused is found not guilty of the charges presented
before the court, he is
A. convicted C. acquitted
B. suspended D. absuelto

23.When we say capital offense, it means:
A. a very serious crime, for which the death penalty is imposed
B. the highest penalty for selected offenses
C. total punishment of offender by incarceration
D. all of the above

24. Circumstances wherein the acts of the person are in accordance with the law, and hence,
he incurs no criminal and civil liability.
A. exempting C. justifying
B. alternative D. aggravating

25. When the offender enjoys and delights in making his victim suffers slowly and gradually,
causing him unnecessary physical pain in the consummation of the criminal act.
A. Ignominy C. treachery
B. cruelty D. masochism

26. One, who at the time of his trial for one crime shall have been previously convicted by final
judgment of another crime embraced in the same title of the Revised Penal Code.
A. Recidivism C. reiteracion
B. habitual delinquency D. quasi-recidivism

27. Alevosia means
A. Craft C. evident premeditation
B. treachery D. cruelty

28. A person if within a period of 10 years from the date of his release or last conviction of the
crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, he
is found guilty of any of the said crimes a third time or oftener.
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A. Recidivist C. habitual delinquent
B. quasi-recidivist D. hardened criminal

29. The period of prescription of crimes punishable by death.
A. 20 years C. 10 years
B. 15 years D. 40 years

30. Persons who take direct part in the execution of a crime.
A. Accomplices C. Instigators
B. Accessories D. Principals

31. What law gave birth to the Revised Penal Code and when did it take effect?
a. RA 3815 Jan 1, 1923 c. RA 3185 Jan 1, 1932
b. RA 3815 Jan 1, 1932 d. RA 3518 Jan 1, 1932

32. Incurred by a person committing a felony although the wrongful act done by different from
what he intend to do.
a. felony b. offense c. criminal liability d. civil liability

33. It is committed when a person who decided to commit a felony proposes its execution to
another person.
a. accessory b. accomplice c. conspiracy d. proposal

34. The principle that sovereign and head of states are exempted from criminal in relation to the
liability is covered by this law.
a. Law of Foreign Affairs c. Law in Preferred Head of States
b. Law of preferential treatment d. Law of Preferential Application

35. Diffraction of laws, the commission of which carries the penalty of Arresto Menor.
a. Delito/ felony c. less grave felony
b. grave felony d. light

36. Characteristics of criminal law wherein penal law undertakes to punish all crimes committed
within the Philippine territory
a. Territoriality c. Prospectivity
b. Extra Territoriality d. Generality

37. Select the persons not exempted from criminal liability.
a. Ambassadors c. charges d’ affraires
b. ministers d. consuls

38. The criminal acts punished by the Revised Penal Code.
a. felonies b. crimes c. Offenses d. Misdemeanor

39. Those who, not being principals cooperate in the execution of the offense by previous or
simultaneous acts.
a. Accomplices c. principal actors
b. Suspects d. accessories

40. If an offense was committed by a Japanese national on board a Singapore Airlines plane
about to land at the NAIA. What penal law will apply.
a. Singapore Law c. Philippine Law
b. Japanese Law d. International Law

41. What will a judge do if the acts done by a person being tried in court is not covered by law?
a. Convict the accused c. Place the accused under probation
b. Acquit the accused d. Give the accused Parole

42. It exists when two or more person comes to an agreement to commit a felony and decided
to do it.
a. Conspiracy c. Confederation
b. Proposal d. Accomplish

43. Ways and means are employed for the purpose of trapping and
capturing the law breaker in the execution of his criminal plan.
a. Misfeasance c. inducement
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b. entrapment d. instigation

44. A legislative action that punishes without trial.
a. Ex-post facto law c. Unconstitutional law
b. bill of attainder d. penal attainder

45. Stage of the commission of a felony when all the elements necessary for its execution and
accomplishment are present.
a. attempted b. frustrated c. consummated d. enumerated

46. Felony is committed either by Culpa or?
a. fault b. dolo c. neglect d. lack of skill

47. Power of the state to define and punish crime.
a. power of eminent domain c. notice power
b. legislative power d. executive power

48. Felonies punishable only when they are completely carried out.
a. Consumated Felonies c. Frustrated Felonies
b. Attempted Felonies d. Light Felonies

49. Another word for deceit?
a. dolo b. culpa c. fault d. negligence

50. Which of the following is not a source of Phil. Penal Laws?
a. Rev. Penal Code c. Penal Pres. Decrees
b. Special Penal Laws d. Legislative Decrees

51. Philippine Penal Law is applicable within the Phil. territory to include:
a. its atmosphere c. maritime zone
b. interior waters d. all of them

52. Age of absolute irresponsibility in the commission of a crime.
A. 15-18 years old C. 9 years old and below
B. 18-70 years old D. between 9 and 15 years old

53. The loss or forfeiture of the right of the government to execute the final sentence after the
lapse of a certain time fixed by law.
A. prescription of crime C. prescription of judgement
B. prescription of prosecution D. prescription of penalty

54. A kind of executive clemency whereby the execution of penalty is suspended.
A. Pardon C. amnesty
B. commutation D. reprieve

55. Infractions of mere rules of convenience designed to secure a more orderly regulation of the
affairs of the society.
A. mala prohibita C. private crimes
B. mala in se D. public crimes

56. Deliberate planning of act before execution.
A. Treachery C. ignominy
B. evident premeditation D. cruelty

57. Whenever more than 3 armed malefactors shall have acted together in the commission of a
crime.
A. gang C. band
B. conspiracy D. piracy

58. Those where the act committed is a crime but for reasons of public policy and sentiment
there is no penalty imposed.
A. impossible crimes C. absolutory causes
B. aggravating circumstances D. Complex Crimes

59. One of the following is an alternative circumstance.
A. Insanity C. passion or obfuscation
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B. intoxication D. evident premeditation

60. If the accused refuse to plead, or make conditional plea of guilty, what shall be entered for
him?
A. a plea of not guilty C. a plea of mercy
B. a plea of guilty D. a plea of surrender

61) James stole the cocks of his neighbor Panchito. Then he saw that his other neighbors also
have cocks. He stole the other neighbors’ cocks as well. He committed
A. A continuing crime
B. A continued crime
C. An impossible crime
D. A complex crime

62) Rudy and his gang robbed the house of Don Paquito. While robbing, Rudy noticed Inday
and he was attracted to her. He raped Inday then they left the house. What kind of crime
was committed?
A. A continuing crime
B. A continued crime
C. An impossible crime
D. A complex crime

63) While in a moving train from Manila going to Bicol, certain passenger announced a hold up.
What kind of crime was committed?
A. A continuing crime
B. A continued crime
C. An impossible crime
D. A complex crime

64) It is the loss of the right of the State to prosecute the offender after the lapse of certain time
A. Prescription of crime
B. Reception of penalty
C. Service of sentence
D. Pardon

65) Which of the following penalties has the longest number of years of imprisonment
A. Prision Mayor
B. Arresto Mayor
C. Prision Correctional
D. Destierro

66) Which of the following penalties does not involve imprisonment?
A. Prision Mayor
B. Arresto Mayor
C. Prision Correctional
D. Destierro

67) Which of the following penalties has the shortest number of years of imprisonment
A. Prision Mayor
B. Arresto Mayor
C. Prision Correctional
D. Destierro

68) Which of the following penalties is imposable in special crimes?
A. Reclusion perpetua
B. Life imprisonment
C. Disqualification in office
D. Destierro

69) Crimes punishable by the Revised Penal Code are
A. Felonies
B. Offense
C. Special crimes
D. Natural Crimes

70) Crimes punishable by Special Laws are
A. Felonies
B. Offense
C. Special crimes
D. Natural Crimes

71) Which is true about Reclusion Perpetua and Life Imprisonment
A. They’re different; Reclusion Perpetua is under RPC, Life Imprisonment is under Special
Laws
B. They’re different; Reclusion Perpetua is under Special laws, Life Imprisonment is under
RPC
C. They’re exactly the same because they both means lifetime imprisonment
D. They’re the same because their periods are both 20 to 40 years

72) Which is NOT true about death penalty
A. It is a capital penalty
B. It is imposed only to heinous crimes
C. It is currently suspended
D. It is prohibited by the Constitution

73) Probation means
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A. Service of sentence outside the prison
B. Pardon granted by the government
C. Pardon by the offended party
D. Service of sentence inside the jail

74) This circumstance cause the lowering of the imposable penalty
A. Mitigating circumstance
B. Aggravating circumstance
C. Absolutory circumstance
D. Alternative circumstance

75) This circumstance makes the imposable penalty higher
A. Mitigating circumstance
B. Aggravating circumstance
C. Absolutory circumstance
D. Alternative circumstance

76) This circumstance either aggravates or mitigates the imposable penalty
A. Mitigating circumstance
B. Aggravating circumstance
C. Absolutory circumstance
D. Alternative circumstance

77) This circumstance absolves the accused of criminal liability under special circumstances
A. Mitigating circumstance
B. Aggravating circumstance
C. Absolutory circumstance
D. Alternative circumstance

78) Choose the circumstance present: minority
A. Mitigating circumstance
B. Aggravating circumstance
C. Exempting circumstance
D. Justifying circumstance

79) Choose the circumstance present: Obedience to an order of a superior
A. Mitigating circumstance
B. Aggravating circumstance
C. Exempting circumstance
D. Justifying circumstance

80) Choose the circumstance present: Self-defense
A. Mitigating circumstance
B. Aggravating circumstance
C. Exempting circumstance
D. Justifying circumstance

81) Choose the circumstance present: State of emergency
A. Mitigating circumstance
B. Aggravating circumstance
C. Exempting circumstance
D. Justifying circumstance

82) Choose the circumstance present: Insanity
A. Mitigating circumstance
B. Aggravating circumstance
C. Exempting circumstance
D. Justifying circumstance

83) Choose the circumstance present: praeter inentionem
A. Mitigating circumstance
B. Aggravating circumstance
C. Exempting circumstance
D. Justifying circumstance

84) Choose the circumstance present: Voluntary surrender
A. Mitigating circumstance
B. Aggravating circumstance
C. Exempting circumstance
D. Justifying circumstance

85) Choose the circumstance present: Ignominy
A. Mitigating circumstance
B. Aggravating circumstance
C. Exempting circumstance
D. Justifying circumstance

86) Choose the circumstance present: Treachery
A. Mitigating circumstance
B. Aggravating circumstance
C. Exempting circumstance
D. Justifying circumstance

87) Choose the circumstance present: Degree of education
A. Mitigating circumstance
B. Aggravating circumstance
C. Alternative circumstance
D. Justifying circumstance

88) Choose the circumstance present: Intoxication
A. Mitigating circumstance
B. Aggravating circumstance
C. Alternative circumstance
D. Justifying circumstance

89) You stole you mother’s necklace. Can you be charged with theft?
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A. No, because I returned it.
B. No, because of Absolutory circumstance
C. No, because it is mitigated by our relationship
D. Yes, because stealing is a crime

90) You broke the door of your mother’s bedroom to steal some money. Can you be charged of
robbery?
A. Yes, absolutory doesn’t apply
B. No, because of Absolutory
circumstance
C. No, because it is mitigated
D. It depends if I live with my mother or not

91) Absolutory circumstances are appreciated under Article 332 in the following crimes except:
A. Theft
B. Physical injuries
C. Swindling
D. Malicious mischief

92) An act which would be an offense against persons or property if it was not for the inherent
impossibility of its accomplishment.
A. compound crime
B. complex crime
C. impossible crime
D. accidental crime
For number 93 to 97:
Kim gave John 200 thousand pesos so that John would kill Allen. John accepted the
money and asked Rina’s help so he could come close to Allen. Rina assited John by introducing
him to Allen. John killed Allen. After the killing, they asked Badong to burn the corpse. Determine
the participation of each person.

93) Badong
A. Principal by inducement
B. Principal by direct participation
C. Accomplice
D. Accessory

94) Rina
A. Principal by inducement
B. Principal by direct participation
C. Accomplice
D. Accessory

95) Kim
A. Principal by inducement
B. Principal by direct participation
C. Accomplice
D. Accessory

96) John
A. Principal by direct participation
B. Principal by inducement
C. Accomplice
D. Accessory

97) Who among the participants has/have the highest penalty?
A. Kim and John
B. John and Rina
C. John only
D. Kim only

98) Which stage of execution: The accused was not able to completely perform or execute the
crime
A. Consummated
B. Frustrated
C. Attempted
D. Completed

99) Which stage of execution: The accused has performed all the acts necessary for the
commission of the crime but the end result was not obtained because of some
circumstances, such as effective medical attention
A. Consummated
B. Frustrated
C. Attempted
D. Completed

100) Which stage of execution: The accused has performed all the acts necessary for the
commission of the crime and got the end result he intended
A. Consummated
B. Frustrated
C. Attempted
D. Completed


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