Chapter 2: Criminal Liability

Question 1

Three essential elements / aspects of all crimes

Actus Reus

Answer 1

The criminal act

Guilty act
Many courts use this term to describe the defendant’s conduct or the results of that conduct.

Question 2

Three essential elements / aspects of all crimes

Mens Rea

Answer 2

A culpable mental state

Guilty mind
The specific mental state of the defendant at the time of the crime.

Question 3

Three essential elements / aspects of all crimes

A concurrence of the two

Answer 3

Actus reus and mens rea

Question 4

Motive vs Intent

Answer 4

Intent is different from motive.

Question 5

Motive is…

Answer 5

Motive is what drives / compels someone to intend to do something.

Question 6

Motive is not…

Answer 6

Motive is not an element of a crime and does not need to be proved in the court in order to find someone guilty.

Question 7

Four Mental States

Answer 7

1. General intent
2. Specific intent
3. Constructive intent
4. Transferred intent

Question 8

General Intent

Answer 8

The intent to commit the act required for the crime

Question 9

Specific Intent

Answer 9

Committing the actus reus with the intent to cause a particular or specific result.

Question 10

Scienter

Answer 10

A legal term that refers to the level of knowledge required to hold a person criminally liable for his or her physical acts.

Question 11

Knowing Possession

Answer 11

A person who is aware of what they possess.

Question 12

Mere Possession

Answer 12

A person who may or may not be aware of what they possess.

Question 13

Actual Possession

Answer 13

When a person has direct physical control over an object.

Question 14

Constructive Posession

Answer 14

When a person is able to exercise control over objects or property when, at the time, they are not in that person’s physical custody.

Question 15

Constructive Intent

Answer 15

Refers to the types of situations in which a person does no intend to cause any harm but should have known that their actions created a high risk of causing harm.

Question 16

Criminal Negligence

Answer 16

A gross deviation from the standard of care required of an individual.

Question 17

Transferred intent

Answer 17

Describes situations where one person intends to harm a particular person but, instead, harms another or third party.

Question 18

3 Types of Liability without Fault

Strict Liability (products liability)

Answer 18

Demonstrating proof the act occurred is adequate

Question 19

3 Types of Liability without Fault

Vicarious Liability

Answer 19

Employers being held responsible for the actions of their employees

Question 20

3 Types of Liability without Fault

Enterprise Liability

Answer 20

Holding corporations criminally liable for criminal acts

Question 21

4 States of Mind

Purposely

Answer 21

A desire to cause the outcome that resulted

Question 22

4 States of Mind

Knowingly

Answer 22

When an action is taken with the awareness that the outcome is practically certain

Question 23

4 States of Mind

Recklessly

Answer 23

Engaging in activity that increase the risk of harm

Question 24

4 States of Mind

Negligently

Answer 24

Engaging in activity in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences

Question 25

Concurrence

Answer 25

In order for an action to be considered criminal, the act itself (actus reus) and the required mental state (mens rea) must occur at the same time.

Question 26

Causation

Answer 26

That cause which is legally considered directly responsible for the harm.

Question 27

According to the above video about Kenneth Parks, unlike the United States, Canadian prosecutors can appeal a murder trial verdict of not guilty

Answer 27

True

Question 28

Which of the following is an example of a moral duty but not a legal duty to act

Answer 28

An off duty medical doctor who witnesses a car accident with injuries

Question 29

What type of possession below represents the items in your home while you are away from home?

Answer 29

Constructive Possession

Question 30

Which of the following is an example of transferred intent?

Answer 30

A gang member attempts a drive-by shooting of a rival but hits a young child playing on the sidewalk instead

Question 31

According to the above video, to sue for products liability the plaintiff must demonstrate which of the following?

Answer 31

All of the above

Question 32

According to the above video, which of the following makes it easy to prove the element of actus reus?

Answer 32

All of the above