Legal Definitions Quiz: Public Place and Public Servant

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What does 'public place' mean?

Any place accessed only by a small group of people

Any place accessed by the public, including streets, highways, and certain buildings (correct)

Any place accessed only by government officials

Any place accessed exclusively by individuals with special permission

Who is considered a 'public servant'?

Any individual participating in a governmental function

Any individual holding a government position (correct)

Any individual who is legally qualified for the position

Only individuals who have assumed their duties

What does 'reasonable belief' mean?

A belief held by a specific group of individuals

A belief that is legally binding

A belief held under specific circumstances related to the actor (correct)

A belief held by an extraordinary and imprudent person

How is 'reckless' defined?

It is defined in Section 6.03 (Culpable Mental States) Signup and view all the answers

What does 'secure correctional facility' mean?

Municipal or county jail or confinement facility operated by or under a contract with the Texas Department of Criminal Justice Signup and view all the answers

How is 'serious bodily injury' defined?

Bodily injury causing substantial risk of death or serious permanent disfigurement Signup and view all the answers

'Sight order' refers to:

A written or electronic instruction to pay money authorized by the person giving the instruction and payable on demand or at a definite time Signup and view all the answers

'Unlawful' means:

Criminal or tortious conduct, including what would be criminal or tortious but for a defense not amounting to justification or privilege Signup and view all the answers

'Death' includes:

Failure to be born alive for an unborn child Signup and view all the answers

What does 'swear' include?

Affirmation only Signup and view all the answers

What does 'rule' include?

Regulation only Signup and view all the answers

What does 'federal special investigator' mean?

A person described by Article 2A.002, Code of Criminal Procedure Signup and view all the answers

What is the short title of the penal code?

Penal Code Title 1 Signup and view all the answers

According to the text, what are the general purposes of the penal code?

To deal with conduct that justifiably causes harm Signup and view all the answers

What is one of the objectives of the penal code?

To give fair warning of what is prohibited and of the consequences of violation Signup and view all the answers

What is intended by the provisions of the penal code?

To rehabilitate those convicted of violations of this code Signup and view all the answers

According to the text, conduct does not constitute an offense unless it is defined as an offense by which of the following?

Municipal ordinance Signup and view all the answers

According to the text, what is one of the objectives related to public safety?

The rehabilitation of those convicted of violations of this code Signup and view all the answers

In which state does jurisdiction apply over an offense that a person commits by his own conduct or the conduct of another?

Both inside and outside the state Signup and view all the answers

What does the penal code seek to guide and limit?

The exercise of official discretion in law enforcement Signup and view all the answers

According to the text, if the body of a criminal homicide victim is found in a state, it is presumed that the death occurred in that state. This presumption applies if:

The physical impact causing death occurred in that state Signup and view all the answers

What is one of the objectives related to defining and grading offenses?

Giving fair warning of what is prohibited and of the consequences of violation Signup and view all the answers

According to the text, a penal statute is to be strictly construed. True or False?

False Signup and view all the answers

What does the penal code seek to safeguard conduct from?

Condemnation as criminal Signup and view all the answers

In this code, what does 'act' mean?

A bodily movement, whether voluntary or involuntary, and includes speech Signup and view all the answers

According to the text, what does the penal code seek to systematize?

The scope of state interest in law enforcement against specific offenses Signup and view all the answers

'Actor' in this code means:

A person whose criminal responsibility is in issue in a criminal action Signup and view all the answers

What are the general purposes of the penal code?

To deal with conduct that unjustifiably causes or threatens harm Signup and view all the answers

'Benefit' in this code means:

Anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. Signup and view all the answers

'Bodily injury' as per this code refers to:

Physical pain, illness, or any impairment of physical condition Signup and view all the answers

'Alcoholic beverage' in this code has the meaning assigned by which section?

'Alcoholic Beverage Code' Signup and view all the answers

'Civil commitment facility' as per this code means:

"A facility owned, leased, or operated by the state" Signup and view all the answers

When does a person attain a specified age according to this code?

On the anniversary of his birthdate at 12:00 PM midnight Signup and view all the answers

In the case of the existence of a defense being submitted to the jury, what charge should the court make?

The court should charge that a reasonable doubt on the issue requires that the defendant be acquitted. Signup and view all the answers

What is an affirmative defense labeled with in this code?

It is an affirmative defense to prosecution. Signup and view all the answers

When does the issue of the existence of an affirmative defense need to be submitted to the jury?

If there is sufficient evidence of the facts that give rise to the presumption, unless the court is satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable doubt of the presumed fact. Signup and view all the answers

What must be proven beyond a reasonable doubt if there is sufficient evidence of the facts that give rise to a presumption?

The presumed fact. Signup and view all the answers

What are the consequences when this code establishes a presumption with respect to any fact?

If there is sufficient evidence of the facts that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury. Signup and view all the answers

What does it mean when this code or another penal law establishes a presumption in favor of the defendant with respect to any fact?

The jury must consider it to exist if there is a reasonable doubt as to whether it exists. Signup and view all the answers

What does 'criminal episode' mean in this chapter?

The commission of two or more offenses without regard for whether harm is directed toward or inflicted upon more than one person or item of property. Signup and view all the answers

When can a defendant be prosecuted in a single criminal action for all offenses arising out of the same criminal episode?

(1) When a single criminal action is based on more than one charging instrument within the jurisdiction of the trial court. Signup and view all the answers

According to the text, which of the following is a requirement that a political subdivision of the state may not assist with in the enforcement of a federal statute, order, rule, or regulation?

Conducting a background check for the private sale or transfer of a firearm Signup and view all the answers

What is the consequence for a political subdivision of the state that enters into a contract or adopts a rule requiring or assisting with the enforcement of certain federal statutes?

Denial of state funds for the next fiscal year Signup and view all the answers

What action can an individual residing in the jurisdiction of a political subdivision take if they believe the subdivision is requiring or assisting with the enforcement of certain federal statutes?

File a complaint with the attorney general Signup and view all the answers

According to the text, who has the authority to file a petition for equitable relief in court to compel a political subdivision to comply with certain requirements?

The attorney general Signup and view all the answers

What is the role of the attorney general if a complaint against a political subdivision is determined to be valid?

File a petition for equitable relief in court Signup and view all the answers

What is required for an exception to an offense in this code to be applicable?

It must be labeled as an exception in the accusation charging commission of the offense Signup and view all the answers

According to the text, what is required of the prosecuting attorney regarding an exception to an offense in this code?

Prove that the defendant's conduct falls within the exception Signup and view all the answers

Under what circumstance is evidence supporting a defense submitted to the jury?

If admitted during trial proceedings Signup and view all the answers

According to the text, what does 'dangerous drug' mean?

A drug with high potential for abuse and addiction Signup and view all the answers

Under what circumstance is evidence supporting an exception submitted to the jury?

Signup and view all the answers

What does 'coercion' mean according to the provided text?

A threat to inflict bodily injury in the future Signup and view all the answers

What does 'conduct' mean as defined in the text?

An act and its accompanying mental state Signup and view all the answers

According to the text, what does 'consent' mean?

Assent in fact, whether express or apparent Signup and view all the answers

The term 'corporation' includes which of the following?

Nonprofit corporations, professional associations, and joint stock companies Signup and view all the answers

What is the definition of 'criminal negligence' according to the provided text?

Defined in Section 6.03 (Culpable Mental States) Signup and view all the answers

What is required of the prosecuting attorney regarding a defense to prosecution for an offense in this code?