Criminal 1L PCU

Question 1

Mayhem (Common Law)

Answer 1

Maliciously depriving another of the use of such of his members as may render him less able to fight

Question 2

Mayhem (Modern Law)

Answer 2

The malicious maiming or disfiguring of another

Question 3

Aggravated Assault

Answer 3

Assault with the intent to commit another crime against th person (use of deadly weapon, robbery, rapre, mayhem)

Question 4

Uttering

Answer 4

Offering as genuine an instrument known to be false with the intent to defraud

Question 5

Dueling

Answer 5

Fighting by previous arrangements with deadly weapons.

Question 6

False Pretenses

Answer 6

The crime of knowingly obtaining title to another’s personal property by misrepresenting a fact with the intent to defraud.

Question 7

Assault

Answer 7

The threat or use of force on another that causes that person to have a reasonable apprehension of imminent, harmful or offensive contact

Question 8

Rape (Modern Law)

Answer 8

An act of sexual intercourse with another without consent

Question 9

Rape (Common Law)

Answer 9

Unlawful carnal knowledge of a woman against her will

Question 10

False Imprisonment

Answer 10

Unlawful detention or confinement of another by physical barriers or force, or threat of force, or assertion of authority.

Question 11

Malicious Mischief

Answer 11

Malicious destruction of, or damage to, the property of another, whether real or personal.

Question 12

Battery

Answer 12

Intentional, harmful, offensive contact without consent causing damages to another.

Question 13

Malum Prohibitum

Answer 13

An act that is criminalized because of statute. (ex. Parking violations, speeding).

Question 14

Malum In Se

Answer 14

A crime or act that is inherently evil or immoral in of itself (ex. murder, rape, arson).

Question 15

Motive

Answer 15

That which induces the crime.

Question 16

Vacarious Liabilty

Answer 16

Liability based on the relationship of the parties.

Question 17

Criminal Negligence

Answer 17

Conduct that falls so far short of social acceptability that it will be held as criminal.

Question 18

Scienter

Answer 18

A degree of knowledge that makes a person legally responsible for his/her acts or omissions.

Question 19

Corpus Delicti

Answer 19

The body of the crime. The physical evidence a crime has been committed.

Question 20

Pinkerton’s Rule

Answer 20

Each person liable for acts in furtherance of conspiracy - natural and probable consequences (foreseeable).

Question 21

Embezzlement

Answer 21

Fraudulent conversion of rightfully entrusted property.

Question 22

Conspiracy

Answer 22

An agreement between two or more persons to commit an unlawful act.

Question 23

Wharton’s Rule

Answer 23

No conspiracy if target crime requires two parties.

Question 24

Actus Reus

Answer 24

The physical element of the crime. The doing.

Question 25

Forgery

Answer 25

The fraudulent making or altering of a writing with the intent to defraud or deceive.

Question 26

Robbery

Answer 26

The illegal taking of property from the person or in the person’s presence, by violence or intimidation.

Question 27

Kidnapping

Answer 27

Unlawful confinment of a person, coupled with the movement (asportation) of victim.

Question 28

Attempt

Answer 28

Specific intent to commit the target crime with an act furtherance which is beyond preparation into the perpetration and is dangerously close to completion.

Question 29

Larceny

Answer 29

The taking and carrying away of the personal property of another with the specific intent to permanently deprive thereof.

Question 30

Arson (Common Law)

Answer 30

The malicious burning of the dwelling house of another.

Question 31

Arson (Modern Law)

Answer 31

Intentional burning of a structure.

Question 32

Felony Murder Rule

Answer 32

All killing, even accidental, that occurs during the commission of one of the seven enumerated felonies (BARRMKSS).

Question 33

General Intent

Answer 33

The defendant wants to act to occur.

Question 34

Specific Intent

Answer 34

The defendant wants the consequences to occur.

Question 35

Larceny by Conversion

Answer 35

Intent to steal formed after lawful acquisition of property.

Question 36

Larceny by Trick

Answer 36

Use of fraud to obtain possession, not title.

Question 37

Mens Rea

Answer 37

The state of mind.

Question 38

Voluntary Manslaughter

Answer 38

Unlawful killing with malice mitigated by heat of passion, adequate provocation.

Question 39

Involuntary Manslaughter

Answer 39

Unlawful killing without malice but with criminal negligence.

Question 40

Burglary (Common Law)

Answer 40

The breaking and entering into the dwelling house of another in the nighttime with the specific intent to commit a theft or felony therein.

Question 41

Burglary (Modern Law)

Answer 41

Unlawful entry into a structure with the specific intent to commit a theft crime or felony.

Question 42

Murder

Answer 42

The unlawful killing of a human being with malice aforethought, expressed or implied.

Question 43

1st Degree Murder

Answer 43

Murder with premeditation & deliberation.

Question 44

2nd Degree Murder

Answer 44

Murder not 1st degree and with reckless disregard for life.

Question 45

Homicide

Answer 45

The killing of a human being by another.