Crim Law Final - Actus Reus + Mens Rea Comprehensive Review Exam Questions And Answers.
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Course
HMEMS
Institution
HMEMS
What is defined as the "voluntarily willed physical movement" ? - correct answer actus reus
The Actus Reus of an offense includes "A _________ act that causes a _______ _________." - correct answer voluntary, social harm
...
What is defined as the "voluntarily willed physical movement" ? - correct answer
actus reus
The Actus Reus of an offense includes "A _________ act that causes a _______ _________." - correct
answer voluntary, social harm
Are unconscious movements or involuntary acts such as reflexive actions, spasms, convulsions,
movements while unconscious, or movements while asleep considered valid Actus Reus? - correct
answer no
What is defined as "the failure to act" - correct answer omission
Can an omission serve as an Actus Reus substitute of a crime? - correct answer yes
What elements must be concurrent (as shown in formula) for there to be a crime?
_________ + _________ + ___________ = ________ ________ - correct answer
actus reus (or omission) + mens rea + causation = social harm
If a person does NOT have a legal duty to act, can they be convicted of a crime? - correct answer
no
Under the Doctrine of Omission, there are 4 situations in which a person has a legal duty to act (does
not act = crime) - correct answer 1. defendant is under statutory obligation to care
for the victim
2. defendant is in a sufficiently close relationship with the victim (mother/child, husband/wife)
3. defendant contractually agreed to provide care for the victim
4. defendant voluntarily took on the care of the victim, such that the victim was secluded from others
who might have helped him
, For a crime to occur, what 2 things must be concurrent (occur at the same time!) - correct answer
actus reus and mens rea
What is the burden of proof on the state for EVERY element of an offense?
**Due Process Clause - correct answer beyond a reasonable doubt
What side is faced with the burden of persuasion, aka convincing a jury that the defendant is guilty
beyond a reasonable doubt? - correct answer prosecution
Does the defendant ever have a burden of proof? - correct answer no
What is defined as "serving as a link & as the mechanism for determining how much the wrongdoer
owes to society" ? - correct answer causation
Causation is a 2 step process -
1. Determine ______ is the actual cause.
2. Determine whether the actual cause is the ________ cause. - correct answer
who, proximate/legal
IF the defendant is not the actual cause of the crime, can he be held legally responsible? - correct
answer no
Do ALL crimes require results? - correct answer no, but some crimes do
What type of cause is defined as being used to identify the candidates (WHO) for responsibility of the
event based on whether the defendant's conduct is a cause in fact of the result - correct answer
actual cause
What type of cause is defined as the primary cause of the injury, or the action that produced
foreseeable consequences - correct answer proximate cause
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