Act

Question 1

MPC Act

Answer 1

A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable

Bodily movements not a product of actor’s effort or determination = not voluntary

Question 2

4 situation in which one has a duty to act

under Jones v. US

Answer 2

(1) statute imposes duty of care
(2) certain status relationship to another
(3) contractual duty of care
(4) voluntarily assumed care of another

Question 3

MPC Omission Requirement

Answer 3

Liability may not be based on omission unless:

(1) omission is expressly made sufficient by law defining the offense; or
(2) a duty to perform the omitted act is otherwise imposed by the law

(Notice this is broad enough to encompass the 4 situations under Jones)

Question 4

Dependent Intervening Cause

Answer 4

Intervening cause that was a response to something that the D did. (Usually does not break the chain of causation)

Question 5

Independent Intervening Cause

Answer 5

Intervening cause that operated completely independently of D’s actions. (often breaks the chain of causation) If foreseeable?

Question 6

Superseding Cause

Answer 6

Intervening cause that is not just unexpected but sufficiently unforeseeable that the law finds the chain of causation to be broken.

Question 7

Accelerating Cause

Answer 7

An accelerating cause is an actual cause

Question 8

Concurrent Sufficient Cause

Answer 8

• 2 people acting independently
• Both sufficient to kill
• Each is a substantial factor in bringing a death

Question 9

Concurrent Insufficient Cause

Answer 9

• Neither wound was fatal in and of itself
• Both resulted in death
• Both attackers were actual cause of death