Exam (elaborations)
TPC EXAM LATEST VERSION
- Course
- Institution
TPC EXAM LATEST VERSION ...
[Show more]
Seller
Follow
Content preview
TPC § 6.01: Voluntary Act Requirement. of voluntary act or omission:(a) Voluntary engages in activity, act, omission, or possession.
(b) Possession is a voluntary act if the possessor intentionally gets or receives
the thing possessed or is conscious of his control over the thing for a sufficient
time to terminate his control.
(c) Omission is not an offence unless defined in § 1.07.
Answer TPC § 6.01 for the omission of an act. of voluntary act or omission.
2) Omitting to execute an act does not constitute an offence unless a law, as
defined by § 1.07, states that the omission is an offence or that the individual
had an obligation to perform.
Bad Samaritan laws
TPC § 38.171 requires reporting any felony if there is a reasonable belief of
serious physical injury or death.
TPC § 261.109: Child's physical or mental health has been or may be adversely
damaged by abuse or neglect, and knowingly fails.
Answer TPC § 6.02 for Mens rea/culpability.
,(1) Intentionally: A conscious decision to engage. ..(2) Knowingly: Aware that
his activity is reasonably guaranteed to generate a result.
(3) Recklessly: Consciously ignores a significant and unacceptable risk.
(4) Criminal Negligence: Be aware of a significant and unreasonable risk. ..Risk
must be of such form and degree that failure to identify it constitutes a major
divergence from the standard of care.
Must have Mens Rea unless specifically stated that there is none.
Use intentionally, knowingly, or recklessly.
TPC § 8.04: Intoxication and Mental State
Voluntary intoxication is not a defence.
Answer MPC § 2.02 and TPC § 6.04(b) about the issue of causation for
transferred intent (TPC).
Only acceptable if the difference between what the actor intended and the
outcomes was:
(1) Different offence done; or (2) Different individual injured.
STRICT LIABILITY (TPC) - ANSWER: Defined by statute
Examples: DUI, speeding, etc.
Answer TPC § 8.03 for a mistake in the law.
(a) Affirmative defence for pros. that actor genuinely believed the charged
action did not constitute a criminal, and that he behaved reasonably based on:
, (1) An official pronouncement of legislation; or
(2) Written explanation of the law.
(c) An actor may be convicted of a lesser offence.
Mistake of Fact (TPC) - Answer § 8.02:
Mistake must be reasonable in order to be used as a defence and negate mens
rea.
Exception: Legal-wrong doctrine.
Legal-Wrong Doctrine: If an actor's actions produce societal harm that is
prohibited by legislation, he is guilty of that offence, even if his reasonable
comprehension of the facts would lead him to a lesser crime.
Still charged with a lower offence.
CAUSATION - ANSWER (1) Compare D's casual conduct to the intervening
cause.
(2) Determine if the independent intervening cause was foreseeable/proximate
cause.
(3) Determine whether the victim voluntarily chose to endanger himself.
(4) Determine whether the intervening cause was an omission rather than an act;
often, omissions do not serve as intervening causes and will break the causal
chain.
CAUSATION (TPC): ANSWER §6.04.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Humat. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67163 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now