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Criminal Law Exam

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ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.

Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija


CRIMINOLOGY DEPARTMENT

Name: Date:

CRIMINAL LAW BOOK ONE


1st Semester A.Y. 2021-2022

Instruction: Circle the letter of the correct answer.

I. Multiple Choice. (20 pts)

1. Which is not an exception to the general characteristics of criminal law?

a. Principles of Public International Law c. Treaty Stipulation


b. Laws of Preferential Application d. None of the above *

2. Which Theory of Criminal Law states that the basis is the sum of social and
economic phenomena which conditions man to do wrong in spite of or contrary
to his volition?

a. Territoriality Theory c. Classical Theory

b. Positivist Theory * d. Mixed Theory

3. “Commission affects the peace and security of the territory, or the


safety of the state is endangered,” is an exception of which general rule on
foreign vessels?
a. English Rule c. French Rule *
b. Philippine Rule d. Japan Rule

4. Which of the following are elements of felony?

a. There must be an act or omission *


b. There must be a mistake of fact
c. There must be error in persona
d. There must be a police
5. Freedom, Intelligence, and Intent are requisites of?

a. Mistake of Fact c. Omission

b. Culpable Felony d. Intentional Felony *

6. The legal maxim “Nullum crimen, nulla poena sine lege” means?

a. There is no crime if there is law punishing it.

b. There is crime if there is no law punishing it.

c. There is crime if there is law punishing it.

d. There is no crime if there is no law punishing it.*

7. The following are the meaning of “direct, natural, and logical consequence”
except?

a. Blow was efficient cause of death

b. Blow was not hit *

c. Blow accelerated death

d. Blow was proximate cause of death

8. What is the misapprehension of fact on the part of the person who caused
injury to another?

a. Mistake of Fact * c. Mistake in Identity

b. Error in Personae d. Felony

9. Which Theory of Criminal Law states that the basis is man’s free will to
choose between good and evil that is why more stress is placed upon the result
of the felonious act than upon the criminal himself?

a. Territoriality Theory c. Classical Theory *

b. Positivist Theory d. Mixed Theory


10. The following are the limitations on power of congress to enact penal laws,
except:

a. Impeach government officials *

b. Ex post facto law

c. Law that violates the equal protection clause of the constitution

d. Bill of attainder

11. It refers to criminal acts that are wrong because they violate moral, public
or natural principles of a society.

a. Mala Prohibita c. Dolo

b. Mala In Se * d. Culpa

12. These are acts and omissions punishable by the Revised Penal Code Crime
– acts and omissions punishable by any law Act – an overt or external act.

a. Mala Prohibita c. Felonies *

b. Mala In Se d. Omission

13. It is the failure to perform a duty required by law.

a. Mala Prohibita c. Felonies

b. Mala In Se d. Omission *

14. A person directed the blow at an intended victim, but because of poor aim,
that blow landed on somebody else.

a. Nullum Crimen, Nulla Poena Sine Lege

b. Praeter Intentionem

c. Aberratio Ictus *

d. Error in Personae
15. Which is not a requisite of mistake of fact?

a. That the act done would have been lawful had the facts been as the
accused believed them to be.
b. That the intention of the accused in performing the act is lawful.
c. That the mistake must be without fault or carelessness on the part of
the accused.
d. That the intention of the accused in performing the act is unlawful. *
16. It is necessary in felonies committed by means of dolo.

a. Negligence c. Malice

b. Liability d. Criminal Intent *

17. The offender intends the injury on one person but the harm fell on another.

a. Mistake of Fact c. Mistake in Omission

b. Error in Personae* d. Felony

18. Which Theory of Criminal Law states the combination of the classical and
positivist theories wherein crimes that are economic and social in nature
should be dealt in a positive manner?

a. Territoriality Theory c. Classical Theory

b. Positivist Theory d. Mixed Theory *

19. The law does not have any retroactive effect.

a. Territorial c. General

b. Prospective * d. Positivist

20. The injury is on the intended victim but the resulting consequence is so
grave a wrong than what was intended.

a. Nullum Crimen, Nulla Poena Sine Lege

b. Praeter Intentionem *

c. Aberratio Ictus

d. Error in Personae
II. Essay. Use the back of the paper if necessary. (10 points each).

1. Give an example for error in personae, aberration ictus, and praetor


intentionem.

2. Discuss the 3 theories of criminal law.

3. Differentiate Dolo from Culpa.

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