Causation

Question 1

Actual but for cause

Answer 1

d is an actual cause if a bad result would not have happened but for D’s conduct

Question 2

prox legal cause

Answer 2

natural and probable consequence of d’s conduct

Question 3

intervening cause

Answer 3

d’s act will not be considered prox cause if an unforeseeable intevening event caused the bad result

Question 4

concurrence

Answer 4

D had the mental state for the crime at the same time they actually commited the crime

Question 5

homicide cause rule in florida

Answer 5

in florida, there is no year and a day rule (CL said that someone cant be liable if the act that caused the death was a year and a day before the death occured)

Question 6

malice aforethought

Answer 6

satisfied if there is an intent to kill 2) intent to cause serious bodily harm 3) depraved heart (extreme indifference to human life) or 4) felony murder

Question 7

first degree murder

Answer 7

1) an unlawful premeditated killing of another 2) an unlawful killing of another while commiting an enumerated felony (felony specified in fl statute) or 3) D distributed or prepared controlled substance that was the prox cause of someones death

Question 8

felony murder

Answer 8

unlawful killing of another during the commision or attempted commission of a felony (battery, arson, burglary, kidnapping)

Question 9

2nd degree murder

Answer 9

d commited 1) an unlawful killing of another with a deparaved heart or an unlawful killing of another other than the co-felon during the commission of an enumerated felony

Question 10

3rd degree murder

Answer 10

unlawful killing of another during a non enumerated (non-violent) felony

Question 11

manslaughter

Answer 11

1) unlawful killing of another 2) by act, procurement or culpabile negligence 3) without justification FLORIDA DOES NOT DISTINGUISH BETWEEN VOLUNTARY AND INVOLUNTARY MANSLAUGHTER

Question 12

theft

Answer 12

d 1)knowingly, 2) obtains or uses, 3) anothers property, 4) with the intent to either perm or temp deprive them of property

Question 13

FL broad theft statute

Answer 13

florida combined larceny, embezzlement, false pretenses, and receipt of stolen goods (but receipt of stolen goods should be analyzed as sep crime)

Question 14

receipt of stolen goods

Answer 14

requires 1) receiving control of stolen goods

2) knowledge that the goods are stolen and
3) intent to perm deprive the owner of the goods

Question 15

Arson

Answer 15

general intent crime in FL. d 1) willfully and unlawfully or during commission of a felony 2) burned the dwelling or structure where persons are normally present

Question 16

burglary

Answer 16

1) entered a dwelling structure or conveyance 2) with an intent to commit an offense therin unless premises was at the time open for public use or d was licensed/invited to be on premises

Question 17

robbery

Answer 17

1) took and carried away 2) the owners property 3) from the owner 4) by force or threat 5) with the intent to permanently deprive the person of their property

Question 18

first degree robbery

Answer 18

home invasion robbery - enters with intent to commit robbery and does commit robbery of occupants dwelling

car jacking - d takes motor vehicle of another with use of force and intent to perm deprive

Question 19

assault

Answer 19

1) threat to commit violence 2) apparent ability to do so 3) the act is one that creates a reasonable fear that the violence is imminent

Question 20

aggravated assault

Answer 20

1) with a deadly weapon and no intent to kill OR 2) with the intent to commit felony

Question 21

Battery

Answer 21

1) actually and intentionally touching or striking another person against their will OR 2) intentionally causing harm to another person

Question 22

Aggrevated battery

Answer 22

Battery 1) on a victim that D knew or should have known was pregnant 2) with a deadly weapon OR 3) where d intentionally or knowingly causes great bodily harm, perm disability, or perm disfigurement

Question 23

false imprisonment

Answer 23

forcible abduction/restraint of another unlawfully against his or her will

Question 24

kidnapping

Answer 24

false imprisonment PLUS 1) demand of ransom 2) comission of felony 3) infliction of bodily harm or terrorizing victim or 4) interference with govern function

Question 25

florida rape

Answer 25

combined forcible rape and staturory rape under the crime of sexual battery

Question 26

sexual battery

Answer 26

nonconsensual sexual penetration by another persons sexual organs