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Legal > Elements > Flashcards

Elements Flashcards

1
Q

Conspiracy

A
  1. knowingly agreed to commit a crime
  2. with someone else
  3. intended to commit or help commit a crime
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2
Q

Solicitation

A
  1. through words or actions offered, promised, or gave something of value to another
  2. intended to cause a felony to be committed
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3
Q

Aiding and Abetting

A
  1. a crime was committed
  2. assisted with the commission of the crime- before or during
  3. intended that the crime be committed OR knew the other person intended it OR was a natural and probable consequence of crime intended
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4
Q

Accessory after the Fact

A
  1. someone else committed a felony
  2. knows other person committed a felony
  3. intended to help the person avoid discovery, arrest, trial, or punishment
  4. helped other person avoid discovery, arrest, trial, or punishment
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5
Q

Attempt

A
  1. intended to commit a crime
  2. took some action toward completing the crime beyond preperation
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6
Q

Assault

A
  1. attempted to commit a battery OR did an act that would cause a reasonable person to fear or apprehend an immediate battery
  2. intended to commit a battery OR intended to make victim reasonably fear an immediate battery
  3. had, thought he or she had, or appeared to have ability to commit a battery
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7
Q

Battery

A
  1. forceful, violent, or offensive touching of a person or something closely connection with a person
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8
Q

Assault and Battery

A
  1. battery
  2. intended to commit a battery OR intended to make the victim reasonably fear an immediate battery
  3. without the victim’s consent
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9
Q

Domestic Assault

A
  1. Assault OR assault and battery
  2. has a domestic relationship with the victim
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10
Q

Aggravated Assault

A
  1. Tried to physically injure
  2. without a weapon
  3. intended to injure OR intended to make the victim reasonably fear an immediate battery
  4. caused serious or aggravated injury
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11
Q

Serious or Aggravated Injury

A
  1. physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of the body
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12
Q

Assault with Intent to Commit Murder

A
  1. tried to physically injure another person
  2. at the time of the assault, had the ability to cause an injury, or at least believed that he or she had the ability
  3. intended to kill the person assaulted
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13
Q

Felonious Assault

A
  1. attempted to commit battery OR did an act that would cause a reasonable person to fear or apprehend an immediate battery
  2. intended to injure OR make victim reasonably fear an immediate battery
  3. had, thought he or she had, or appeared to have ability to commit a battery
  4. committed the assault with a dangerous weapon
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14
Q

First Degree Murder (premeditated)

A
  1. caused death
  2. intended to kill
  3. premeditated intent to kill
  4. killing was deliberate
  5. no justification
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15
Q

first degree murder (felony murder)

A
  1. causes death
  2. intends to kill OR intends to cause great bodily harm OR knowingly creates very high risk with likely result of death or great bodily harm
  3. while committing, attempting, or helping another commit a listed felony
  4. no justification
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16
Q

Second Degree Murder

A
  1. causes death
  2. intends to kill OR intends to cause great bodily harm OR knowingly creates very high risk with likely result of death or great bodily harm
  3. no justification
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17
Q

Voluntary Manslaughter

A
  1. causes death
  2. Intends to kill OR intends to cause great bodily harm OR knowingly creates very high risk with likely result of death or great bodily harm
  3. no justification
  4. acted out of emotional excitement from something that would cause a reasonable person to act rashly or on impulse
  5. before having a reasonable time to calm down
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18
Q

Involuntary Manslaughter

A
  1. causes death
  2. grossly negligent OR intends to injure OR willfully fails to perform legal duty
  3. no justification
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19
Q

Armed Robbery

A
  1. uses force or violence OR commits assault
  2. in the course of committing a larceny
  3. victim is present
  4. possess dangerous weapon OR possess other object used or fashioned in a manner that would cause a reasonable person to believe it was a dangerous weapon OR represents was in possession of a weapon
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20
Q

Unarmed Robbery

A
  1. uses force or violence OR commits assault
  2. in the course of committing a larceny
  3. victim is present
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21
Q

Carjacking

A
  1. uses force or violence OR threatens force or violence OR commits an assault
  2. in the course of committing a larceny of a motor vehicle
  3. victim is in lawful possession or attempting to recover the vehicle
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22
Q

Larceny from the Person

A
  1. takes the property of another
  2. without consent
  3. some movement of the property
  4. takes from victim’s person OR from victim’s immediate presence
  5. intends to permanently deprive owner of the property
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23
Q

Kidnapping

A
  1. knowingly restrains another person
  2. intends to do one or more of:
    a. hold the person for ransom or reward
    b. use the person as a shield or hostage
    c. engage in criminal sexual penetration or csc
    d. take the person outside of Michigan
    e. hold the person in involuntary servitude
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24
Q

Parental Kidnapping

A
  1. takes child for more than 24 hours
  2. intends to keep or conceal child from parent, guardian, or person with lawful charge of child
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25
Q

Unlawful Imprisonment

A
  1. knowingly restrain another person
  2. uses weapon or dangerous instrument OR keeps person secretly confined OR uses restraint to facilitate felony or flight after commission of another felony
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26
Q

CSC 1st

A
  1. enters into genital or anal opening by penis, finger, tongue, object OR touches genitals or anus by mouth
  2. and one or more of the following
    a. victim under 13
    b. victim 13, 14, or 15 and (see list)
    c. during commission of a felony
    d. defendant is assisted by another and (see list)
    e. Armed with a weapon OR item used in a manner to lead victim to reasonably believe it is a weapon
    f. causes personal injury by using force or coercion
    g. causes personal injury to a mentally incapable or physically helpless victim
    h. defendant knows or has reason to know that the victim is mentally incapable, disables, incapacitated, or physically helpless and (see list)
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27
Q

CSC 2nd

A
  1. Touches intimate area or the clothing covering that area
  2. intends to touch
  3. for a sexual purpose or could reasonably be construed as having been done for a sexual purpose
  4. and one or more of the following (see list)
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28
Q

CSC 3rd

A
  1. enters genital or anal opening by penis, finger, tongue, object OR touches genitals or anus by mouth
  2. and one or more of the following
    a. victim 13, 14, or 15
    b. uses force or coercion
    c. mentally incapable, incapacitated, or physically helpless
    d. victim and defendant are related by blood or affinity to the 3rd degree unless they are lawfully married at the time of the act
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29
Q

CSC 4th

A
  1. touches intimate area or the clothing covering that area
  2. intending to touch
  3. for a sexual purpose or cold reasonably be construed as having been done or a sexual purpose
  4. and one or more of the following (see list)
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30
Q

Indecent Exposure (1 year)

A
  1. exposes intimate body part of any person
  2. knowledge of exposure
  3. in place where another would be reasonably expected to observe
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31
Q

Aggravated Indecent Exposure (2 year)

A
  1. Exposes intimate body part of any person
  2. knowledge of exposure
  3. fondling intimate part
  4. in place where another would be reasonably expected to observe
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32
Q

Ethnic Intimidation

A
  1. causes physical contact with the victim OR damages, destroys, or defaces the victim’s property OR threatens to do the same if there is reasonable cause to believe it would occur
  2. intends to intimidate or harass
  3. because of the race, color, religion, gender, or national origin of the victim
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33
Q

Stalking

A
  1. two or more willful, separate, non-continuous acts of unconsented contact with the victim
  2. contact would cause reasonable individual to suffer emotional distress
  3. contact caused victim emotional distress
  4. contact would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested
  5. contact caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested
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34
Q

Aggravated Stalking

A
  1. stalking
  2. one or more of the following
    a. violates court order or restraining order
    b. one or more credible threats against victim. victim’s family, or someone living in victim’s home
    c. one or more previous stalking offenses
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35
Q

Extortion

A
  1. threatens to injure victim, victim’s property or someone in victim’s immediate family OR threatens to accuse the victim of a crime.
  2. threat is spoken or written
  3. threat is made willfully and without just cause
  4. intends to get money or make the victim do something against his or her will
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36
Q

Larceny

A
  1. takes personal property of another
  2. without consent
  3. some movement of the property
  4. intends to permanently deprive owner of property
37
Q

Larceny in a building

A
  1. same elements as larceny
  2. takes property in a building
38
Q

Larceny from a vehicle

A
  1. same elements as larceny
  2. takes wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone, computer, or other electronic device.
    From a motor vehicle, house trailer, semi
39
Q

False Pretenses with Intent to Defraud

A
  1. knowing use of a statement or writing that is false or misleading
  2. with intent to defraud or cheat
  3. victim relied on the false pretense and suffered a loss
40
Q

Larceny by Conversion

A
  1. property voluntarily transferred for limited purpose OR transferred because of relationship of trust
  2. hides property OR wrongfully deprives owner of property
  3. intends to defraud owner
  4. without owner’s consent
41
Q

Retail Fraud- Theft

A
  1. takes property offered for sale
  2. moves the property
  3. intends to permanently remove property
  4. inside or immediately near a store
  5. store open to the public
42
Q

Retail Fraud – Price Switching

A

1) Alters or switches a price tag
2) Intends to pay less than actual price or not pay at all
3) Inside or immediately near a store
4) Store open to the public

43
Q

Retail Fraud – False Exchange

A

1) Exchanges or attempts to exchange property not paid for
2) Intends to exchange for something of value
3) Intends to defraud or cheat the store
4) Property belongs to a store
5) Inside or immediately near a store
6) During store hours

44
Q

Embezzlement

A

1) Money or property belongs to another
2) Relationship of trust
3) Obtains control due to relationship
4) Dishonestly disposed of or converts to own use or hides the money or property with intent to
convert it
5) Intends to cheat or defraud
6) Without authority

45
Q

Unlawfully Driving Away an Automobile

A

1) Drives or takes away a vehicle
2) Vehicle belongs to another
3) Without legal authority or without owner’s permission
4) Intends to take possession of vehicle

46
Q

Use of Automobile without Authority

A

1) Vehicle belongs to another
2) Uses the vehicle without authority
3) Intends to use or assist in using while knowing no authority to do so

47
Q

Malicious Destruction of Personal Property or Building

A

1) Property belongs to someone else
2) Property is damaged or destroyed
3) Without just cause
4) Intends to damage or destroy the property

48
Q

First Degree Arson

A

1) Burns, damages or destroys, or helps or persuades another to do so
2) By fire or explosion
3) A multi-unit dwelling or any building that results in physical injury or its contents
4) Intends to burn, damage or destroy the property or its contents or intentionally committed act that
created a very high risk of burning the building or its contents

49
Q

Second Degree Arson

A

1) Burns, damages or destroys, or helps or persuades another to do so
2) By fire or explosion
3) A dwelling or its contents
4) Intends to burn the property or its contents or intentionally committed act that created a very high
risk of burning the dwelling or its contents

50
Q

Third Degree Arson

A

1) Burns, damages or destroys, or helps or persuades another to do so
2) By fire or explosion
3) A building or its contents or personal property over $20,000
4) Intends to burn the property or its contents or intentionally committed act that created a very high
risk of burning the property or its contents

51
Q

Fourth Degree Arson

A

1) Burns, damages or destroys, or helps or persuades another to do so
2) By fire or explosion
3) Personal property $1,000-$20,000
4) Intends to burn the property or intentionally committed act that created a very high risk of burning
the property

52
Q

Fifth Degree Arson

A

1) Intends to damage or destroy
2) By fire or explosion
3) Vehicles and other personal property $1,000 or less

53
Q

Arson of Insured Property

A

1) Burns, damages or destroys, or helps or persuades another to do so
2) By fire or explosion
3) Any of the following insured property or its contents:
a. A dwelling
b. A building
c. Personal property
4) Knowing the property was insured
5) Intends to burn the property knowing it would cause injury or damage
6) No justification
7) With intent to defraud insurer

54
Q

Preparing to Burn with Intent to Commit Arson

A

1) Puts flammable, combustible, or explosive material in or around property, or helps or persuades
another to do so
2) Intends to burn, damage or destroy property
3) By fire or explosion
4) No justification

55
Q

Breaking and Entering

A

1) Breaks into a building, boat, ship, shipping container, or railroad car
2) Enters the building, boat, ship, shipping container, or railroad car
3) Intends to commit a felony or larceny inside

56
Q

Entering Without Breaking

A

1) Enters a building, boat, ship, shipping container, railroad car, or structure
2) Intends to commit a felony or larceny inside

57
Q

Unlawful Entry

A

1) Enters into a building, boat, ship, railroad car, or structure
2) Without permission
3) Not open to the public

58
Q

Home Invasion – First Degree

A

1) Breaks and enters or enters a dwelling without permission
2) Intends to commit a felony, larceny, or assault while inside or commits a felony, larceny, or
assault while entering, present in, or leaving the dwelling
3) And either of the following:
a. Armed with a dangerous weapon
b. Another person is lawfully present inside

59
Q

Home Invasion – Second Degree

A

1) Breaks and enters or enters a dwelling without permission
2) Intends to commit a felony, larceny, or assault while inside or commits a felony, larceny, or
assault while entering, present in, or leaving the dwelling

60
Q

Home Invasion – Third Degree

A

1) Breaks and enters or enters a dwelling without permission
2) Intends to commit a misdemeanor while inside or commits a misdemeanor while entering, present
in, or while leaving the dwelling or the entry violates a court order protecting another person

61
Q

Receiving and Concealing Stolen Property

A

1) Property is stolen, embezzled, or converted
2) Buys, receives, possesses, conceals or aids in the concealment of the property
3) Knows or has reason to know the property is stolen, embezzled, or converted

62
Q

No Account Check

A

No Account Check (MCL 750.131a)
1) Delivers or writes a check
2) Drawn on bank where has no account
3) Intends to defraud or cheat another
4) Check was presented for payment

63
Q

Insufficient Funds Check

A

1) Delivers or writes a check
2) Drawn on a bank
3) Check is signed or endorsed
4) Knows account does not have enough money when drafted or there are not sufficient funds when
presents for payment
5) Intends to defraud or cheat another

64
Q

Forgery

A

1) Falsely makes, alters, forges, or counterfeits document
2) Intends to defraud to cheat another

65
Q

Uttering and Publishing

A

1) False, altered, forged, or counterfeited document
2) Represents the document was genuine
3) Exhibits, offers, or presents document
4) Knows document is false, altered, forged, or counterfeited
5) Intends to defraud or cheat another

66
Q

Manufacture of Controlled Substance

A

1) Manufactures a substance
2) Substance is controlled
3) Knows it is controlled
4) Without legal authorization
5) Not for own use

67
Q

Delivery of Controlled Substance

A

1) Delivers a substance
2) Substance is controlled
3) Knows is delivering the substance
4) Without legal authorization
5) Intends to transfer to another

68
Q

Possession of Controlled Substance

A

1) Possesses a substance
2) Substance is controlled
3) Knows substance is controlled
4) Without legal authorization

69
Q

Use of Controlled Substance

A

1) Uses a substance
2) Substance is controlled
3) Knows what substance is
4) Without authorization

70
Q

Possession with Intent to Deliver Controlled Substance

A

1) Knowingly possesses substance
2) Substance is controlled
3) Knows what substance is
4) Without legal authorization
5) Intends to deliver to another

71
Q

Carrying a Concealed Weapon

A

1) Knowingly carries a pistol, dirk, dagger, stiletto, double-edged non-folding stabbing instrument, or
other dangerous weapon
2) Weapon is concealed on or about the person or is inside a vehicle

72
Q

Carrying a Dangerous Weapon with Unlawful Intent

A

1) Armed with a weapon
2) Intends to use weapon unlawfully against another

73
Q

Reckless Use of a Firearm

A

1) Recklessly uses, carries, handles, or fires a firearm
2) Without reasonable caution for rights, safety, or property of another

74
Q

Felony Firearm

A

1) Commits or attempts to commit a felony
2) While knowingly carrying or possessing a firearm or pneumatic gun

75
Q

Assaulting, Resisting, or Obstructing a Police Officer

A

1) Assaults, batters, wounds, resists, obstructs, opposes, or endangers
2) A police officer performing lawful duties
3) Knows or has reason to know is a police officer

76
Q

Assaulting or Obstructing Officer Performing Duties

A

1) Assaults, batters, wounds, obstructs, or endangers
2) A government official performing duties
3) Knows is a government official
4) Intends to assault, batter, wound, obstruct, or endanger

77
Q

False Report of Crime or Other Emergency

A

1) Reports or causes a crime or emergency to be reported to a police officer or 911
2) Facts of the crime or emergency are false or details of crime or emergency are false
3) Knows of falsity
4) Intends to make false report

78
Q

Concealing Facts or Misleading the Police

A

1) Informed by a police officer that he or she is conducting a criminal investigation regarding a felony
or serious misdemeanor
2) Knowingly and willfully
3) Used a trick, scheme or device to conceal a material fact from the officer or provided a statement
to the officer regarding a material fact that is known to be false or misleading or issued or
provided any document to the officer regarding a material fact that is known to be false or
misleading

79
Q

Harboring a Fugitive

A

1) Knowingly or willfully harbors or conceals a person
2) Person is wanted on an arrest warrant in a criminal case
3) Intends to conceal from police officer

80
Q

Bribery of Public Official

A

1) Gives, offers, promises a thing of value
2) To a public official
3) Intends to influence official conduct of the official performing their duties

81
Q

Adulterated Food

A

1) Intends to cause harm and places a harmful substance or any other harmful object (e.g., pins,
needles, razor blades, glass) in food, or
2) Knowingly furnishes food containing harmful substance or object to another.

82
Q

Fleeing and Eluding – Fourth Degree

A

1) Officer in uniform and performing lawful duties
2) Driving motor vehicle
3) Officer gives order to stop
4) Knows of order
5) Refuses to obey order by fleeing or refuses to obey order by trying to avoid capture

83
Q

Reckless Driving

A

1) Driving on highway or place open to public
2) Willful or wanton disregard for the safety of persons or property

84
Q

Leaving the Scene of a Crash

A

1) Driving motor vehicle
2) Involved in crash
3) Has reason to know was involved in crash
4) On public roadway or place open to public travel
5) Fails to immediately stop
6) Crash results in death, serious impairment of bodily function, injury, or damage to a vehicle

85
Q

Driving While License Suspended

A

1) Driving or physical control of a motor vehicle
2) On highway, place open to the general public, or generally accessible to motor vehicles including
area designated for parking
3) While license suspended or revoked
4) That Secretary of State gave notice of suspension or revocation at least five days before the date
of the alleged offense

86
Q

Operating While Intoxicated

A

1) Driving or physical control of a motor vehicle
2) On highway, place open to the general public, or generally accessible to motor vehicles including
area designated for parking
3) While one or more of the following:
a. Under the influence of alcohol, a controlled substance, or other intoxicating substance
b. With a bodily alcohol level of 0.08 or above
c. Any amount of a schedule 1 or 2 controlled substance in body

87
Q

Moving Violation Causing Death or Serious Impairment

A

1) Suspect committed a moving violation
2) The moving violation was the cause of the death or serious impairment of a body function to the victim

88
Q
A

Legal (6 decks)

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