PUL341 TMA

Admin_Louis — Tue, 10 Jul 2018 19:28:46 +0000

Q1 Which of these must the prosecution establish in murder cases
Cause of Death
Fact of Death
A and B
None of the above
Q2 Sections …. And ….. Provides for the varying degrees of unlawful homicide
315 and 316
318 and 319
314 and 315
323 and 314
Q3 Which of the following is not an ingredient of false pretence
An intent to defraud
Honest Belief
The use of False representative
The accomplishemnt of the intended fraud by means of such false pretence
Q4 The essential ingredients to be established for the offence of perjury include
That the statement is false
That the false statement is material
That the false statement is immaterial
That the accused kenw that the statement given him was false
Q5 Which of these is a varitable guideline in matters of sentencing
The provision record of the Accused
The age of the accused
The gravity of the offence and Deterence
All of the above
Q6 Which is not one of the aims of sentencing
Deterrence
Reformation
Compensation
Retribution
Q7 Which of these accords with the African behavioural pattern
Compensation
Restitution
Restoration
None of the above
Q8 Contempt are of two kinds
Direct and constructive
Indirect and constructive
Direct and destructive
Indirect and Destructive
Q9 Which of the following offence is a Felony
Treason
Pick pocketing
Assault
Biting
Q10 Which of these defences if successfully raised leads to a discharge and acquittal
Provocation
Insanity
Accident
None of the above
Q11 In which of these cases did the supreme court hold that it is wrong to pronounce death for an accused person yet to be 17 years of age
Modupe v. Johnson state
Nafiu Rabiu v. state
Ganov state
Oladejo v. state
Q12 Unless specifically fixed by law, the prescribed punishment is the …..
Minimum punishment
Maximum Punishment
Average punishment
None of the above
Q13 Which section of the Criminal code provide for Assault
S. 352
S. 252
S. 452
S. 152
Q14 An unlawful assembly that has developd to a state of violence is known as
Affray
Kidnapping
Arson
Riot
Q15 ……. Is the combat of two or more persons in a public place to the terror of the people
Riot
Kidnapping
Affray
Arson
Q16 Which of the following is not a preliminary offence
Attempt
Conspiracy
Murder
None of the above
Q17 …… is a person who suffers at the injury of an offence, which is prohibited for his protection by law
Accompliance
Party
Accused
Victim
Q18 The term Husband and Wife under the Criminal Code means
of a broken marriage
of a Christian marriage
Of a Customary marriage
of a moslem mariage
Q19 Which of the following section provides for liability for the willed acts of omission of persons who participated in an offence
S. 7 (a-d)
8 (b-e)
7 (c-f)
8 (a-d)
Q20 The classes of the tpes of offenders are provided in S. …. Of the criminal code
7 (a – d
8 (b-e)
7 (a-c)
8 (a-d)
Q21 Which of these two classes of offenders are stated under the codes
Offenders and Accessones after facts
Non offenders and Accessories before the facts
Principal offenders and Accessories after the facts
Principal offenders and accessories before the facts
Q22 Under the law, parties to an offence are liable according to their
Action
Mode of participation
Omission
None of the above
Q23 Which of the following is not an omission
… resulting from negligent of breach of duty
omission in matters relating to preservation of life
Failure of caution by persons in charge of explosive against probable dangers
None of the above
Q24 The External manifestation of a crime isknown as the
Will
Act
Omission
b and c
Q25 All the followng are sources of criminal law except
Army Act
Police Act
Pension Act
Constitution
Q26 Section 252 of the Criminal code provides for
Assault
Conspiracy
Manslaughter
None of the above
Q27 SECTION 7 of the criminal code provides for how many classes of principal offenders
10
6
4
2
Q28 Under the criminal code, two types of parties are stated
Principal offenders
Accessories after the fact
a and b
None of the above
Q29 Which of the following is not a source of criminal law
Statutes,
Story Books
Bye-laws
None of the above
Q30 In which of the following offence is bail discretionary
Felonies
Misdeneanor
Simple offence
All of the above
Q31 Which of the following represent the most serious offences
Single offences
Felony
Milde meanors
All of the above
Q32 The burden of prove in a criminal case is rooted in …………
Evidence Act
Common Law
Civil Law
None of the above
Q33 In Law, whoever asserts must
testify
prove
inform
None of the above
Q34 S. 137 of the Evidence provides that the burden of proving the guilt of an accused person rest on the
Parties
Prosecution
Defendant
Plaintiff
Q35 Criminal provision law is employed to protect the interest of whom
Family
Society
Young men
Executive
Q36 Which of the following is not a preliminary offence
Attempt
Conspiracy
Murder
None of the above
Q37 …… is a person who suffers at the injury of an offence, which is prohibited for his protection by law
Accompliance
Party
Accused
Victim
Q38 The term Husband and Wife under the Criminal Code means
of a broken marriage
of a Christian marriage
Of a Customary marriage
of a moslem mariage
Q39 Which of the following section provides for liability for the willed acts of omission of persons who participated in an offence
S. 7 (a-d)
8 (b-e)
7 (c-f)
8 (a-d)
Q40 The classes of the tpes of offenders are provided in S. …. Of the criminal code
7 (a – d
8 (b-e)
7 (a-c)
8 (a-d)
Q41 Which of these must the prosecution establish in murder cases
Cause of Death
Fact of Death
A and B
None of the above
Q42 Sections …. And ….. Provides for the varying degrees of unlawful homicide
315 and 316
318 and 319
314 and 315
323 and 314
Q43 Which of the following is not an ingredient of false pretence
An intent to defraud
Honest Belief
The use of False representative
The accomplishemnt of the intended fraud by means of such false pretence
Q44 The essential ingredients to be established for the offence of perjury include
That the statement is false
That the false statement is material
That the false statement is immaterial
That the accused kenw that the statement given him was false
Q45 Which of these is a varitable guideline in matters of sentencing
The provision record of the Accused
The age of the accused
The gravity of the offence and Deterence
All of the above
Q46 Which is not one of the aims of sentencing
Deterrence
Reformation
Compensation
Retribution
Q47 Which of these accords with the African behavioural pattern
Compensation
Restitution
Restoration
None of the above
Q48 Contempt are of two kinds
Direct and constructive
Indirect and constructive
Direct and destructive
Indirect and Destructive
Q49 Which of the following offence is a Felony
Treason
Pick pocketing
Assault
Biting
Q50 Which of these defences if successfully raised leads to a discharge and acquittal
Provocation
Insanity
Accident
None of the above
Q51 In which of these cases did the supreme court hold that it is wrong to pronounce death for an accused person yet to be 17 years of age
Modupe v. Johnson state
Nafiu Rabiu v. state
Ganov state
Oladejo v. state
Q52 Unless specifically fixed by law, the prescribed punishment is the …..
Minimum punishment
Maximum Punishment
Average punishment
None of the above
Q53 Which section of the Criminal code provide for Assault
S. 352
S. 252
S. 452
S. 152
Q54 An unlawful assembly that has developd to a state of violence is known as
Affray
Kidnapping
Arson
Riot
Q55 ……. Is the combat of two or more persons in a public place to the terror of the people
Riot
Kidnapping
Affray
Arson
Q56 Which of the following is not a preliminary offence
Attempt
Conspiracy
Murder
None of the above
Q57 …… is a person who suffers at the injury of an offence, which is prohibited for his protection by law
Accompliance
Party
Accused
Victim
Q58 The term Husband and Wife under the Criminal Code means
of a broken marriage
of a Christian marriage
Of a Customary marriage
of a moslem mariage
Q59 Which of the following section provides for liability for the willed acts of omission of persons who participated in an offence
S. 7 (a-d)
8 (b-e)
7 (c-f)
8 (a-d)
Q60 The classes of the tpes of offenders are provided in S. …. Of the criminal code
7 (a – d
8 (b-e)
7 (a-c)
8 (a-d)
Q61 Which of these two classes of offenders are stated under the codes
Offenders and Accessones after facts
Non offenders and Accessories before the facts
Principal offenders and Accessories after the facts
Principal offenders and accessories before the facts
Q62 Under the law, parties to an offence are liable according to their
Action
Mode of participation
Omission
None of the above
Q63 Which of the following is not an omission
… resulting from negligent of breach of duty
omission in matters relating to preservation of life
Failure of caution by persons in charge of explosive against probable dangers
None of the above
Q64 The External manifestation of a crime isknown as the
Will
Act
Omission
b and c
Q65 All the followng are sources of criminal law except
Army Act
Police Act
Pension Act
Constitution
Q66 Section 252 of the Criminal code provides for
Assault
Conspiracy
Manslaughter
None of the above
Q67 SECTION 7 of the criminal code provides for how many classes of principal offenders
10
6
4
2
Q68 Under the criminal code, two types of parties are stated
Principal offenders
Accessories after the fact
a and b
None of the above
Q69 Which of the following is not a source of criminal law
Statutes,
Story Books
Bye-laws
None of the above
Q70 In which of the following offence is bail discretionary
Felonies
Misdeneanor
Simple offence
All of the above
Q71 Which of the following represent the most serious offences
Single offences
Felony
Milde meanors
All of the above
Q72 The burden of prove in a criminal case is rooted in …………
Evidence Act
Common Law
Civil Law
None of the above
Q73 In Law, whoever asserts must
testify
prove
inform
None of the above
Q74 S. 137 of the Evidence provides that the burden of proving the guilt of an accused person rest on the
Parties
Prosecution
Defendant
Plaintiff
Q75 Criminal provision law is employed to protect the interest of whom
Family
Society
Young men
Executive
Q76 What section of the criminal code provide for the definition of an offence
s.12
s. 60
s. 2
s.9
Q77 An act could be both a Civil wrong and crime at the same time
true
false
proobable
None of the above
Q78 A crime must be designated an offence in
Book
statute
Poem
None of the above
Q79 Any definition of a crime must contain which of the followings
Act or Ommission
Punishment
written
All of the above
Q80 Every Law is a ….
Command
Trial
Procedure
None of the above
Q81 What is the effect of a successful plea of self-defence?
The defendant is acquitted of the charge.
The defendant is convicted of a less serious offence than the offence for which he was charged.
The defendant is convicted but the fact that he acted in self-defence is a mitigating factor that is taken into account when sentencing.
The defendant is convicted but the sentence that he would have received is halved due to self-defence.
Q82 The term “husband and wife” under the Criminal Code is
of a broken marriage
of a christian
of a customary marriage
of a moslem marriage
Q83 Which of the following is the most accurate definition of involuntary manslaughter?
The defendant has the mens rea for murder but not the actus reus so can only be liable for involuntary manslaughter.
The defendant has the actus reus and mens rea of murder but is able to rely on a special defence.
The defendant has the actus reus of murder but not the mens rea so he is convicted of the less serious offence of involuntary manslaughter.
The defendant has caused death but he only intended to cause GBH not death.
Q84 Which of the following is the most accurate definition of voluntary manslaughter?
The defendant has the actus reus of murder but not the mens rea so he is convicted of the less serious offence of voluntary manslaughter.
The defendant has the mens rea for murder but not the actus reus so can only be liable for voluntary manslaughter.
The defendant caused death accidentally so the situation is not sufficiently serious to be categorised as murder.
the defendant has the actus reus and mens rea of murder but is able to rely on a special defence.
Q85 Which of the following statements is true with regards the role of causation in establishing liability for murder?
If factual and legal causation are both established, the defendant will be liable for murder.
Causation provides the necessary link between the defendant’s act and the victim’s death.
Causation attributes liability for murder to the person whose act is the most immediate cause of death.
Medical treatment will never break the chain of causation.
Q86 What factor is common to all homicide offences?
The actus reus of unlawful killing
Killing must be deliberate.
Recklessness as to the welfare of the victim.
The mens rea of intention to kill or cause GBH.
Q87 Which statement is true in relation to the terms ‘express malice’ and ‘implied malice’?
They are interchangeable terms that are used to describe the mens rea of murder.
Express malice refers to an intention to kill a particular victim whilst implied malice refers to a more general intention to kill anyone.
Express intention applies if the defendant uses a weapon to kill whilst implied intention refers to all other killings, e.g. in a motor accident.
Express malice refers to intention to kill whilst implied malice refers to an intention to cause grievous bodily bodily harm
Q88 In VIcker.s case, the defendant broke into cellar shop, where Miss Duckett, 73 lived upstairs, and the defendant intended on stealing money. Defendant attacked her when she discovered his presence which caused her to fall down. She died as a result of shock due to general injuries. Can malice aforethought be implied if the victim is killed by a voluntary act done with only the intent to do cause grievous bodily harm?
No, because the defendant only intended to steal and not kill
Yes, If a person does an act upon another that is grievous bodily harm, and that person dies, he cannot say that he did not intend to go so far. Malice aforethought is implied as a necessary constituent of murder.
No because for the defendant to be convicted there must be the concurrence of mens rea and actus reus
none of the options
Q89 Which of the following was facts in Hyam V DPP
Defendant was convicted of murder for deliberately setting fire to a house which resulted in the death of two occupants. Defendant argues he lacked the requisite intent for murder.
Defendant strikes Y with an axe – head, intending to inflict on him mere grievous bodily harm and Y dies in the process
the defendant intends to hit ‘Z’ slightly, with the flat surface of a cutlass and by accident inflicts grievous harm to Z causing death
Defendant intended to kill his wife, Mary. Mary was carrying their body, and theb defendant pursues her and inflicts match cuts on her back. The child fell and died of head injuries
Q90 Under the law, parties to an offence are liable to their
Action
Mode of
Participation
None of the above
Q91 If a defendant is charged with murder and the court finds that between his intentional act and the victim’s death medical negligence broke the chain of causation, which of the following is TRUE?
D may be convicted of involuntary manslaughter.
D may be convicted of murder.
D must be acquitted
D may be convicted of voluntary manslaughter.
Q92 R V Reece lays the principle that
an existence independent of its mother” implies that the body of the child must be wholly expelled from its mother’s body
an existence independent of its mother” implies that the entire child must be born into the world in a living state
an existence independent of its mother” implies that it is not a requirement that the umbilical cord and afterbirth have or have not been expelled from the mother’s body or severed from the child
an existence independent of its mother” implies that breathing does not determine life or death
Q93 Which of the following is generally viewed as FALSE?
Self-defence is a justificatory defence.
Self-defence is an excusatory defence.
Self-defence operates to negate the actus reus of the offence.
Self-defence is successful only where the force used by D was reasonable.
Q94 An executioner who is authorised to nexecute a condemned criminal and such killing is not unlawful
provided it is carried out in the manner prescribed by law
provided the execution is giving effect to the lawful sentence of a court
Option A is correct
A & B are correct
Q95 Which of these two classes of offenders are stated under the Codes?
Offenders and accessories after the facts
Non offenders and accessories
Principal offenders and accessories
Principal offenders and accessories before the facts
Q96 An offence arisig from unsuccessful murder, rape, robbery is an example of which offence
aggravated assault
kidnapping
stealing
Murder:
Q97 The classes of the types of offenders are provided in ……. of the Criminal Code ?
Section 7 (a-d)
Section 8 (b-e)
Section 7 (a-c)
Section 8 (a-d)
Q98 Which of the following section provides for liability for the willed acts or omissions?
Section 7 (a-d)
section 8 (b-e_
Section 7 (e-f)
Section 8 (a-d)
Q99 A person who, by threats or intimidation or by deceit, causes another person to do an act or make an omission which results in the death of that other person
is deemed to have killed that person
is not liable for that person’s death
he would be absolved because the person committed murder
none of the options
Q100 Which of the following is not an omission?
resulting from negligent or breach of duty
omission in matters relating to the preservation of life
Failure of caution by persons in charge of explosive against probable danger
None of the above
Q101 Section —–provides for the definition of an offence
section 2
section 3
section 4
section 5
Q102 The primary difference between murder and manslaughter is
murder requires a voluntary act
murder lacks lawful justification or excuse
manslaughter involves malice aforethought
murder involves malice aforethough
Q103 Which of the following is not considered evidence of premeditation under Nigeria law?
planning prior to the killing
evidence of a motive
evidence that the accused knew the victim before the killing
a manner of killing so particular and exacting that the defendant must have intentionally killed according to a ‘preconceived design
Q104 Under the common law rule for manslaughter, in order for the accused to make a succesful provocation defence
he must have acted in the heat of passion
he must have acted in the heat of passion that was caused by legally sufficient provocation
the accused must have met a level of provocation that caused him or her to lose control
he or she must have acted in the heat of passion caused by legally sufficient provocation of such a degree that a person of reasonable ordinary temperament would lose normal self-control
Q105 Under the criminal code, two types of parties are stated. These are:
Principal offenders
Accessories after the fact
a 7 b
None of the Options
Q106 An example of criminal homicide is
first degree murder
second degree murder
mansluaghter
All of the options
Q107 Section 7 of the Criminal Code provides for how many classes of principal offenders?
10
6
4
2
Q108 To constitute ….the testimony complained of must not only be false, but must also be material.
perjury
brigandage
abduction
None of the Options
Q109 …is an act done with intent to commit a crime and forming part of a series of acts but falls short of the actual commission of the crime
murder
manslaugter
attempt
stealing
Q110 ….is the judgment of the court after conviction
allocutus
conviction
acquittal
judgment
Q111 Which of these is not an element of rape
consent
penetration
indecent dressing
a and b a bove
Q112 In a criminal trial, the onus rest throughout the proceeding on the ….to prove the guilt of the accused beyond reasonable doubt
court
counsel
prosecution
parties
Q113 ….evidence must be evidence which confirm in some material particular not only that it was the accused person who committed it
Witness
Corroboration
Voluntary
Hearsay
Q114 Compensation under section ..is made in favour of the person injured by the offence committed
Section 78 of the Criminal Code
Section 70 of the Criminal code
Section 6 of the Penal Code
Section 40 of the Criminal Code
Q115 Section 252 of the Criminal Code provides for
Assault
Conspiracy
manslaughter involves malice aforethought
None of the Options
Q116 Which of these is not an element of provocation
The act of the provocation
The loss of self control
The retaliation
None of the Options
Q117 Once an alibi has been raised, who has the burden to investigate and rebut the evidence?
accused
victim
prosecution
None of the Options
Q118 The burden of proving insanity as a defence to a criminal charge lies suarely with the
Prosecution
convict
accused
victim
Q119 All the following are sources of criminal law except
Army Act
Police Act
Pension Act
Constitution
Q120 The external manifestation of a crime is known as the
Will
Act
Omission
B and C
Q121 Which of these must the prosecution establish in murder cases
Cause of Death
Fact of Death
A and B
None of the above
Q122 Sections …. And ….. Provides for the varying degrees of unlawful homicide
315 and 316
318 and 319
314 and 315
323 and 314
Q123 Which of the following is not an ingredient of false pretence
An intent to defraud
Honest Belief
The use of False representative
The accomplishemnt of the intended fraud by means of such false pretence
Q124 The essential ingredients to be established for the offence of perjury include
That the statement is false
That the false statement is material
That the false statement is immaterial
That the accused kenw that the statement given him was false
Q125 Which of these is a varitable guideline in matters of sentencing
The provision record of the Accused
The age of the accused
The gravity of the offence and Deterence
All of the above
Q126 Which is not one of the aims of sentencing
Deterrence
Reformation
Compensation
Retribution
Q127 Which of these accords with the African behavioural pattern
Compensation
Restitution
Restoration
None of the above
Q128 Contempt are of two kinds
Direct and constructive
Indirect and constructive
Direct and destructive
Indirect and Destructive
Q129 Which of the following offence is a Felony
Treason
Pick pocketing
Assault
Biting
Q130 Which of these defences if successfully raised leads to a discharge and acquittal
Provocation
Insanity
Accident
None of the above
Q131 In which of these cases did the supreme court hold that it is wrong to pronounce death for an accused person yet to be 17 years of age
Modupe v. Johnson state
Nafiu Rabiu v. state
Ganov state
Oladejo v. state
Q132 Unless specifically fixed by law, the prescribed punishment is the …..
Minimum punishment
Maximum Punishment
Average punishment
None of the above
Q133 Which section of the Criminal code provide for Assault
S. 352
S. 252
S. 452
S. 152
Q134 An unlawful assembly that has developd to a state of violence is known as
Affray
Kidnapping
Arson
Riot
Q135 ……. Is the combat of two or more persons in a public place to the terror of the people
Riot
Kidnapping
Affray
Arson
Q136 Which of the following is not a preliminary offence
Attempt
Conspiracy
Murder
None of the above
Q137 …… is a person who suffers at the injury of an offence, which is prohibited for his protection by law
Accompliance
Party
Accused
Victim
Q138 The term Husband and Wife under the Criminal Code means
of a broken marriage
of a Christian marriage
Of a Customary marriage
of a moslem mariage
Q139 Which of the following section provides for liability for the willed acts of omission of persons who participated in an offence
S. 7 (a-d)
8 (b-e)
7 (c-f)
8 (a-d)
Q140 The classes of the tpes of offenders are provided in S. …. Of the criminal code
7 (a – d
8 (b-e)
7 (a-c)
8 (a-d)
Q141 Which of these two classes of offenders are stated under the codes
Offenders and Accessones after facts
Non offenders and Accessories before the facts
Principal offenders and Accessories after the facts
Principal offenders and accessories before the facts
Q142 Under the law, parties to an offence are liable according to their
Action
Mode of participation
Omission
None of the above
Q143 Which of the following is not an omission
… resulting from negligent of breach of duty
omission in matters relating to preservation of life
Failure of caution by persons in charge of explosive against probable dangers
None of the above
Q144 The External manifestation of a crime isknown as the
Will
Act
Omission
B and C
Q145 All the followng are sources of criminal law except
Army Act
Police Act
Pension Act
Constitution
Q146 Section 252 of the Criminal code provides for
Assault
Conspiracy
Manslaughter
None of the above
Q147 SECTION 7 of the criminal code provides for how many classes of principal offenders
10
6
4
2
Q148 Under the criminal code, two types of parties are stated
Principal offenders
Accessories after the fact
a & b
None of the above
Q149 Which of the following is not a source of criminal law
Statutes,
Story Books
Bye-laws
None of the above
Q150 In which of the following offence is bail discretionary
Felonies
Misdeneanor
Simple offence
All of the above
Q151 Which of the following represent the most serious offences
Single offences
Felony
Milde meanors
All of the above
Q152 The burden of prove in a criminal case is rooted in …………
Evidence Act
Common Law
Civil Law
None of the above
Q153 In Law, whoever asserts must
testify
prove
inform
None of the above
Q154 S. 137 of the Evidence provides that the burden of proving the guilt of an accused person rest on the
Parties
Prosecution
Defendant
Plaintiff
Q155 Criminal provision law is employed to protect the interest of whom
Family
Society
Young men
Executive
Q156 What section of the criminal code provide for the definition of an offence
s.12
s. 60
s. 2
s.9
Q157 An act could be both a Civil wrong and crime at the same time
true
false
proobable
None of the above
Q158 A crime must be designated an offence in
Book
statute
Poem
None of the above
Q159 Any definition of a crime must contain which of the followings
Act or Ommission
Punishment
written
All of the above
Q160 Every Law is a ….
Command
Trial
Procedure
None of the above
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PUL341 TMA