FREE LAW AND STUDY GAMES ABOUT CRIMINAL LAW 1L

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FREE LAW AND STUDY GAMES ABOUT CRIMINAL LAW (1L)

EXAM QUESTIONS

Actual Qs and Ans Expert-Verified Explanation

This Exam contains:

-Guarantee passing score -118 Questions and Answers -format set of multiple-choice -Expert-Verified Explanation

Question 1: What is the requirement of a voluntary act in a crime?

Answer:

Defendant must engage in a voluntary act, some willed bodily movement over which he has some control to be criminal liable.Question 2: When does the law impose a legal duty to help in situation?:

Answer:

? Close Relationship - husband-wife , parent-child ? Contract that requires some assistance ? Non- criminal statute requires action be taken - If the actor start to give aid, is under legal duty to reasonably complete the task Question 3: Under the MPC, use of deadly weapon is described as follows:

Answer:

One may not use deadly force against an aggressor if he knows that he can avoid doing so with complete safety by retreating.

Question 4: What is the automatism defense?

Answer:

The automatism defense is a claim that physiological or environmental factors caused the defendant to commit criminal actions involuntarily, thus without criminal intent.

Question 5: When is there a legal duty to act?

Answer:

(1) if there is close relationship; (2) contract requiring assistance (3) a non criminal statute, part of code requiring duty to act (4) if a person starts to act, they must finish it.

Question 6: In Criminal Law, is Mistake of Law ever a defense?

Answer:

Never a defense

Question 7: What are the two parts of a crime?

Answer:

Physical Act - Actus Reus Mental State - Mens Rea Question 8: Who determines whether a crime will be reduced from Murder to Manslaughter?

Answer:

The Jury (Trier of Facts)

Question 9: What is the Inherently-Dangerous-Felony Limitation in FMR?

Answer:

Many states limit the rule to homicides that occur during the commission of felonies which by their nature are dangerous to human life, e.g., armed robbery.Question 10: If the officer is making an illegal arrest, can the felon use self defense against the officer to defend himself or will he be guilty of battery?

Answer:

At Modern law - The Citizen must submit to that arrest and seek redress via proper legal setting / channels.

Question 11: Is the castle (Curtilage) protected under the 4th Amendment?

Answer:

Curtilage, like a house, is protected under the fourth amendment from "unreasonable searches and seizures.''

Question 12: Use of Deadly force involves what?

Answer:

when the defendant believes that such force is immediately necessary to protect himself on the present

occasion against:

Question 13: What is negligent homicide?

Answer:

Negligent homicide is any unlawful homicide which is the result of simple negligence. An intent to kill or injure is not required.

Question 14: What are the two types of intoxication?

Answer:

There are two types of intoxication, voluntary and involuntary. Voluntary intoxication is generally not a valid defense, while involuntary intoxication generally is a valid defense.

Question 15: How can Deadly force be used against others under MPC?

Answer:

A person is justified in using force upon another person if he believes that such force is immediately necessary to protect himself against the exercise of unlawful force by the other on the present occasion.

Question 16: What is Stare Decisis?

Answer:

"To abide or adhere to decide cases".Let the precedent stand; Courts look at case law with a a view to consistency. To stand by which is decided. The principle that the precedent decisions are to be followed by the courts.

Question 17: What is the Definition of castle (and Curtilage)

Answer:

• Curtilage is the immediate, enclosed area surrounding a house or dwelling that "harbors the `intimate

activity associated with the sanctity of a man's home and the privacies of life.''

Question 18: What is the purpose of Partial Responsibility Defense?

Answer:

It provides complete defense to the specific intent crime, but it provides no defense to the lesser included crime.

Question 19: What are Four reasons for the felony murder rule?

Answer:

• Deterrence

ii. Protection of Life iii. Punishment iv. Prosecution Question 20: Three types of evidence introduced in a Diminished Capacity defense.

Answer:

(1) Observational evidence - in the everyday sense (laypeople/ expert) (2) Mental disease evidence - Expert - paranoid schizophrenia; (3) Capacity evidence - Expert - Capacity to form the requisite mental state.

Question 21: What is defined by voluntary manslaughter?

Answer:

voluntary manslaughter if committed in the heat of sudden passion caused by adequate provocation.Heat of passion may result from fear or rage.

Question 22: What are the 4 tests for insanity defense?

Answer:

There are four tests for insanity:

1) M'Naghten, 2) Irresistible impulse, 3) Substantial Capacity (Model Penal Code), and 4) Durham.

Question 23: What is Diminished Capacity defense?

Answer:

a sane person may suffer from a mental disability that prevents him form forming the mental state required for the commission of an offense.