General Intent correct answers the intent to commit present act
WITHOUT the intent to commit any:
• further act
or
• additional consequence
Specific Intent correct answers the intent to commit present act
WITH the intent to commit any:
• further act
or
• additional consequ...
310A Criminal Law || with 100% Correct Answers.
General Intent correct answers the intent to commit present act
WITHOUT the intent to commit any:
• further act
or
• additional consequence
Specific Intent correct answers the intent to commit present act
WITH the intent to commit any:
• further act
or
• additional consequence
Mens Rea correct answers Criminal Intent "Evil thinking"
it's required for most crimes
Voluntary Intoxication correct answers Is not a defense because the defendant is at fault for his
or her condition.
Involuntary Intoxication correct answers Is a defense because defendant is not at fault for his or
her condition.
Mistake of Law correct answers generally invalid, "I didn't know it was against the law"
Mistake of Fact correct answers • General Intent crimes: (must prove all three)
1. Actual Subjectively believes in own mistake
2. Reasonably Objectively believes in own mistake (reasonably person would believe the same)
3. Act would not be criminal if facts were as defendant mistakenly believed.
• Specific Intent crimes: any "attempted" crimes
1. The defendant Actual Subjectively believes in his own mistake (that's the only thing you have
to prove)
Strict Liability correct answers Mens Rea is not a requirement (3/4)
a. Regulatory context (is regulated by an agency)
b. Description of neglect (tells you what you failed to do)
c. Lessened penalty
d. Lessened stigma (harms reputation less)
Volitional act requirement correct answers A/R must be guided by volition or will
Unconsciousness defense correct answers act is not guided by volition or guil
Legal Duty to Act Comission correct answers Affirmative Act
Legal Duty to Act Omission correct answers Negative Act, fail to do something
, Legal Duty to Act correct answers 1. Relationship duty: relationship to person in trouble
(parent to child, captain to crew)
2. Statutory Duty: duty created by legislation
3. Contractual Duty to Ensure Safety of Others (lifeguards)
4. Volunteer Assumption of Duty & Leaving Victim in Worse Situation
5. Creation of Peril Duty (hit and run)
Causation correct answers only some crimes have it. Those that do have a prohibited or
forbidden result.
Ex: Murder (death), Vandalism (damage), Arson (charring)
Factual Causes correct answers Actual Cause = Cause-In Fact = "But For" Cause
Proximate Cause correct answers Legal Cause = Foreseeable
Near cause, something happened near enough to cause it
Timing- Cause correct answers 1. Common Law= victim must die w/in one year + one day of
defendants attack= conclusion presumption (once it's triggered, no amount of evidence can
change it).
2. CA Law= victim must die w/in 3 years + one day of defendant's attack= rebuttable
presumption (can be changed with further evidence or argument)
Time- Death correct answers 1. Common Law= heartbeat + respiration permanently cease
2. CA law
a. Heartbeat + respiration permanently cease
OR
b. All brain activity permanently cease
# of Judges correct answers always in odd numbers so it can't end up in a stand still
Majority Opinion correct answers law (binding force)
Stare Decisis correct answers Latin for "let the decision stand"
Doctrine of Precedence correct answers Prior case
Courts are bound by rulings in prior case law on some issue
Purpose of Criminal Law correct answers Notice
Prosecute
Punish
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