Criminal Law and Procedure

Question 1

What is First Degree Murder?

Answer 1

An unlawful killing with malice aforethought that is both premeditated and deliberate.

Question 2

What is Depraved Heart Murder?

Answer 2

Reckless or grossly negligent conduct that creates an extreme risk to others and demonstrates a wanton disregard for human life.

Question 3

What are Justification or Excuse Defenses?

Answer 3

Self Defense, Defense of Others, Defense of Property, Necessity, Crime Prevention/Arrest/Escape, Entrapment.

Question 4

What are types of Second-Degree Murder?

Answer 4

Murders without premeditation or deliberation, murders caused by intent to cause serious bodily injury, murders committed with reckless indifference to human life.

Question 5

What is Proximate Cause?

Answer 5

Provides that a P’s injury must be foreseeable and a direct consequence of D’s actions (i.e., there are no intervening or superseding causes).

Question 6

Who are foreseeable P’s?

Answer 6

People in the Zone of Danger, where the person is reasonably at risk from suffering physical harm from D’s conduct.

Question 7

When is a partnership formed?

Answer 7

When 2 or more people carry on business for profit, formed upon agreement, written or verbal. Sharing profits is a key indication.

Question 8

What is Involuntary Manslaughter?

Answer 8

A killing committed with gross negligence or during the commission of a misdemeanor or other unlawful act.

Question 9

What is Actual Cause?

Answer 9

Occurs when ‘but for’ the D’s act, the P’s harm would not have occurred.

Question 10

What types of harm does P need to prove in order to recover on a negligence claim?

Answer 10

Actual damages (i.e., actual harm to person or property). Nominal damages and damages solely for economic harm are not sufficient.

Question 11

When is an action within the scope of employment?

Answer 11

When ‘on the job’ and acting within the special and temporal bounds of their work, performing the type of work they are employed for, and acting for the benefit of the employer.

Question 12

When can a P seek the assets of individual partners?

Answer 12

A P with a claim against a partnership must first exhaust the assets of the partnership before recovering from the partners themselves.

Question 13

What is General Partner Liability?

Answer 13

In a general partnership, all partners are jointly and severally liable for partnership obligations including torts committed by the partners acting within the scope of the partnership.

Question 14

What are the elements of Negligence?

Answer 14

1. A Duty was owed;
2. There was a Breach of that duty;
3. There was Causation both Actual and Proximate; 4. There were Damages.

Question 15

What is the General Duty owed by everyone?

Answer 15

A D owes a duty of reasonable care to all foreseeable plaintiffs in the Zone of Danger.

Question 16

What is the Necessity defense?

Answer 16

1. There is an immediate threat of greater harm to persons or property unless D commits the act;
2. No reasonable alternatives;
3. D is not responsible for the initial harm.

Question 17

What is Voluntary Manslaughter?

Answer 17

A killing that has been downgraded due to mitigating factors: 1. Imperfect Self Defense; 2. Adequate Provocation; 3. Diminished Capacity.

Question 18

What is Second Degree Murder?

Answer 18

A killing with malice but without premeditation and deliberation.

Question 19

What is Burglary?

Answer 19

Common Law: The unlawful breaking and entering of another’s dwelling at night with the intent to commit a felony.

Modernly: Unlawful entry of a building or structure with intent to commit a theft or any other felony.

Question 20

What is Larceny (theft)?

Answer 20

1. The trespassory taking of property;
2. In another’s possession;
3. With the intent to permanently deprive the owner thereof.

Question 21

What is Arson?

Answer 21

1. Malicious; 2. Burning; 3. Of the dwelling; 4. Of Another.

Question 22

When can a defendant suppress a confession?

Answer 22

1. Involuntary: Due to force, threats, trick, coercion, or exploiting a vulnerability;
2. Miranda Violations: No Miranda, Miranda invoke and ignored, or if not knowing or voluntarily waived;
3. Illegal Arrest/Seizure: Statements made after;
4. 6th Amendment: After charges filed, no attorney present at questioning.

Question 23

What is common law murder?

Answer 23

1. The unlawful killing;
2. Of a human being;
3. With malice aforethought.

Question 24

What are the 4 mental states of malice aforethought?

Answer 24

1. Intent to Kill (express);
2. Intent to cause Serious Bodily Injury (implied);
3. Reckless disregard for human life (implied);
4. Intent to commit a felony (implied).

Question 25

What is felony murder?

Answer 25

1. An unintentional and foreseeable killing;
2. Proximately caused during the attempt, commission, or flight from;
3. An inherently dangerous felony.

Question 26

Premeditation

Answer 26

Premeditation is the formation of intent to kill before committing the act. It requires evidence that the defendant consciously decided to kill, even if only seconds before the fatal act.

Question 27

Deliberation

Answer 27

Deliberation involves the defendant reflecting on the decision to kill and its consequences, acting with a cool and rational state of mind rather than impulsively.