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BUSA 2106 EXAM 3 PERRY BINDER GSU Exam – Questions With Complete Solutions
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BUSA 2106 EXAM 3 PERRY BINDER GSU Exam – Questions With Complete Solutions
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BUSA 2106 EXAM 3 PERRY BINDER GSU Exam –Questions With Complete Solutions
Terry vs Ohio Right Ans - -*4th amendment case*
-stop and frisk (quick pat down for weapon)
-reasonable suspicion
--Ohio Police on a steak out watching a non-drug heaven? WTF They see this
person walking back and forth looking suspicious wearing a coat in summer.
Can police search him? Yes.
*stop & frisk
-walking back an forth in front of ghetto laundromat near drug area, cops stop
him and dont arrest him but basicaly accuse him and say that its reasonable
MARYLAND V KING Right Ans - (4th amendment) Guy who got arrested for
assault, swabbed for DNA which matched an unsolved rape case, he was
charged with both and sentenced to life, he said unconstitutional because of
4th amendment.
Mens rea Right Ans - Criminal mind with intent
-*malice aforethought*: intent! (premeditation) (Premeditated it with
criminal intent)
Actus reus Right Ans - voluntary physical act -> committing a crime
Strict liability crime Right Ans - Crime without criminal intent, ex dating 14
year old
Felony Right Ans - 1+ year (1-20)
[D.A. Superior Court]
major crime punishable by more than 1 year in prison; you face a minimum of
1 year - prosecuted by the DA office
Misdemeanor Right Ans - - maximum is up to 1 year in prison and *$1,000*
in fines
District attorney Right Ans - Superior court, prosecutes felony
,Negligence per se Right Ans - -convicted of a crime which has a rational
relationship to a civil action, then the conviction will act as conclusive proof of
liability (only prove damages)
-if a criminal conviction, following too closely, has a rational relationship to a
future civil action then that conviction will act as a conclusive proof of liability
in the civil action
Solicitor's office Right Ans - *STATE COURT*, prosecutes misdemeanor
Crimes Right Ans - *Crime of Assault or Civil Assault*
1. Torts- civil
-negligence per se
2 homicide
3 self defense
4 DUI
Torts (civil) Right Ans - 1) Elements of Negligence
2) Intentional Torts
3) Strict Liability
Homicide Right Ans - *Unlawful taking of a life*
1-Involuntary manslaughter
2-Voluntary manslaughter
3-Felony murder
4-Malice Murrrrrrrrrrrrrrrrrrrrrder
- Express Malice
- Implied Malice
Involuntary manslaughter Right Ans - 1-10 years Committed a crime which
was not a felony and somebody died (ex. vehicular homicide)
Voluntary manslaughter Right Ans - Felony -took someone's life without
premeditation. You didn't have enough time to think about it; you didn't plan
it.
Ex. Crime of Passion (1-20 years) Road rage, gun fight, boyfriend/jealousy
Felony murder Right Ans - You participated in a dangerous felony like
armed robbery, someone died and you didn't do the killing. During
, commission of dangerous felony, someone died and you didnt cause it - *going
away for life*
Express Malice Right Ans - pre-meditated murder; planned the homicide -
usually gets the death penalty
Implied Malice Right Ans - No premeditation, but you caused someone's
death and you had an "abandoned, depraved heart" *(50 years)* complete
disregard of human life, reckless
Self-defense Right Ans - -outside the house in GA, if you or a 3rd party face
iminent deadly force or substantial bodily harm then you can meet that with
deadly force. With no so call duty to retreat the not advisable
-A *justification defense*, defendants may justify their actions by saying they
acted to defend themselves.To establish the necessary elements to constitute
self-defense, the defendant must have *acted under a reasonable belief that he
was in danger of death or great harm and has no means of escape from the
assailant*.
Defense of home Right Ans - deadly force is justified against an intruder
who is reasonably believed to intend to commit a felony (there is no duty to
retreat)
DUI Right Ans - Driving under the influence of alcohol or any mind altering
substance. sleeping in the car while intoxicated, sitting in the driver's seat too
intoxicated w- slumped over keys in his hand
4th amendment Right Ans - No unreasonable searches or seizures
Warrant Right Ans - *Police need probable cause, based on objective,
articulated facts*
-A legal paper, issued by a court, giving police permission to make an arrest,
seizure, or search.
exigent circumstance Right Ans - no warrant needed
Generally, an emergency situation that allows a search to proceed without a
warrant.
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