Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

N.C. BLET > Elements of Criminal Law > Flashcards

Elements of Criminal Law Flashcards

1
Q

What N.C.G.S chapter covers criminal law

A

Chapter 14

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What N.C.G.S chapter covers motor vehicle laws

A

Chapter 20

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What N.C.G.S. chapter covers Judicial Department

A

Chapter 7A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What N.C.G.S.

chapter covers Juvenile Code

A

Chapter 7B

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What N.C.G.S. chapter covers criminal procedure

A

Chapter 15

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What N.C.G.S. chapter covers Criminal Procedure Act

A

Chapter 15A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What N.C.G.S. chapter covers victims compensation

A

Chapter 15B

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What N.C.G.S. chapter covers regulation of Alcoholic beverages

A

Chapter 18B

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What N.C.G.S. chapter covers domestic violence

A

Chapter 50B

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What N.C.G.S chapter covers North Carolina controlled substance act

A

Chapter 90 Article 5

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

________cities and counties are authorized to enact ordinances to protect the health, safety, or welfare of their citizens

A

Local Ordinances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Court decisions _____ and _______ the criminal law

A

define; interpret

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

A county ordinance applies everywhere inside the county except within_____

A

Cities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what are the three participants in crimes

A

Principals
Aiding and abetting
accessory before the fact to a felony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the elements of Resist, Delay, or Obstruct

A

(1) Willfully and unlawfully
(2) Resists, delays or obstructs
(3) A public officer
(4) Knowing or having reasonable grounds to believe that a victim is a public officer and
(5) While the officer is discharging or attempting to discharge a duty of his or her office

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the elements of Larceny

A

(1) Takes personal Property in possession of another and
(2) carries it away
(3) Without consent of the possessor and
(4) With the intent to deprive the possessor of its use permanently
(5) Knowing that he or she was not entitled to it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When is the person guilty of 1st degree Trespassing

A

(1) “ without authorization, he or she
(2) enters or remains
(3) on premises or another so enclosed or secured as to demonstrate an intent to keep out intruders, in a building of another, or on the lands of the Eastern Band of Cherokee Indians after the person has been excluded by a resolution passed by the Eastern Band of Cherokee Indian Tribal Council”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

When is the person guilty of 2nd degree trespassing

A

(1) “ without authorization, he or she
(2) enters or remains
(3) on premises of another after he has been notified not to enter or remain by the owner, by a person in charge of the premises, by lawful occupant, or by another authorized person, or that are posted in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

The 1st degree is a _____ misdemeanor, and 2nd degree trespass is a ____ misdemeanor

A

Class 2; Class 3

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

________defined by the common law. is a fight between 2 or more people in a public place that causes the general public who witnesses the fight to be in fear

A

Affray

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the elements of simple affray

A

” A person guilty of this offense

(1) engages in a fight with at least one person
(2) in a public place
(3) to the terror of the public”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the element of aggravated assault and assault inflicting serious bodily injury

A

Commits an assault on another and inflicts serious injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Which charge is greater, assault inflicting serious injury or assault inflicting serious bodily injury

A

Assault inflicting serious bodily injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are the elements of assault on a female

A

Is a male at least 18 yrs of age and commits ans assault on a female

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

When can a person be charged with assault on a government officer or employee

A

Commits and assault on an officer or employee of the state who is discharging or attempting to discharge his official duties

26
Q

When can a person be charged with assault on a school employee or school volunteer

A

Commits and assault an employee or volunteer who is discharging or attempting to discharge his or her duties as an employee or volunteer as a result of the discharge that individual’s duties as a school employee or school volunteer

27
Q

Simple affray is a ______misdemeanor and aggravated misdemeanor affray is a ______misdemeanor

A

Class 2; Class A1

28
Q

What is the element for a concealed carry of a pistol and gun

A

Willfully and intentionally carries concealed about his person a pistol OR gun while off his own premises, without a concealed handgun permit and not allowed to carry handgun as a military permittee.

29
Q

Carrying a concealed handgun or pistol is a ______misdemeanor. A second or subsequent offense is a _____ felony

A

Class 2; Class H

30
Q

What weapons qualify as a concealed carry other than a gun and pistol

A

bowie knife, dirk, dagger,slung shot,loaded cane, metallic knuckles, razor, shuriken, stun gun, other deadly weapons of liked kind

31
Q

Carry a concealed weapon other than a pistol or gun is a ______misdemeanor

A

Class 2

32
Q

can common object be deadly weapons if used sufficiently dangerous or violent eays

A

Yes

33
Q

What is the element of communicating threats

A

without lawfully authority he or she willfully threaten to physically injure person,spouse,sibling, child or dependent, willfully threatens to damage the property of another and communicate to the other person by other means the threat is made in a manner and under circumstances which would cause reasonable person to believe the threat will be carried out

34
Q

Communicating a threat is a ____misdemeanor. there has to be 2 distinct elements involving the belief of the threat. A reasonable person would be likely to believe the threat would be_______, and the person _______ believed it.

A

Class 1; carried out; threatened

35
Q

What can someone be charged with after fighting and knocking a tooth but the tooth can be put back in

A

Assault inflicting serious injury( injury is not permanent)

36
Q

What can someone be charged with after putting someone in a coma from fighting

A

Assault inflicting serious bodily injury

37
Q

What are the elements of 1st degree murder

A

person is guilty of killing another human being with malice and with a specific intent formed after premeditation and deliberation

38
Q

What is the element of 2nd degree murder

A

person is guilty of killing another living human being with malice

39
Q

Unlike 2nd degree murder voluntary manslaughter is killing without ______

A

Malice

40
Q

What are the elements of felony death by motor vehicle

A

Unintentionally causes death of another person while engaged in the offense of impaired driving and the commission of the offense is the proximate cause of the death.

41
Q

What elements fro 1st degree forcible rape

A

person guilty of vaginal intercourse with another person by force against the person’s will

42
Q

What is the key element to remember 2nd degree forcible rape

A

mentally disabled,mentally incapacitated

43
Q

1st degree forcible rape and sexual offence is ______ and 2nd degree forcible rape and sexual offence is_____

A

Class B1 felony; Class C felony

44
Q

what is the element of first degree forcible sexual offense

A

person guilty engaging sexual act other than vaginal intercourse with a person by force against the person’s will

45
Q

Can a female rape a male

A

Yes as long as penetration of the female sexual organ by the male sexual organ

46
Q

What is the key element of involuntary manslaughter

A

culpable negligence

47
Q

The element of 1st degree kidnapping

A

person guilty confines, restrains, or removes from one place to another, without person consent, person under 16 yrs without parents consent

48
Q

1st degree kidnapping is ______, 2nd degree kidnapping is _______,Felonious restraint______ is

A

Class C felony, Class E felony, Class F felony.

49
Q

Element for Felonious restraint

A

person guilty unlawfully restrains without person consent, under 16 yrs transport person by motor vehicle or another conveyance from the place of the initial restraint

50
Q

The key feature of involuntary manslaughter is that it involves an _______ ________

A

Unintentional killing

51
Q

What can a person be charged with if they kill another during the commission of a felony

A

1st degree murder

52
Q

What are the 3 types of Malice

A

Actual
Express
Particular

53
Q

Common law robbery is ______felony, armed robbery is _____ felony

A

Class G; Class D

54
Q

Element of common law robbery

A

person guilty by committing larceny from the person or person’s presence by violence or intimidation

55
Q

Element of Armed robbery

A

commits or attempts larceny from person, or person’s presence by possession use threatened of firearm or dangerous weapon endangers or threaten person life

56
Q

person guilty of offense breaks and enters without consent dwelling house of another occupied at night with intent any felony or larceny there in

A

1st degree burglary ( Class D felony)

57
Q

person guilty of breaking and entering without consent in dwelling house, sleeping apartment any building within the curtilage intent felony or larceny

A

2nd Degree burglary ( Class G felony)

58
Q

_____prosecution prevents the State from prosecuting an in evidence or facts in the case, based on constitutional and statutory protection

A

Bars

59
Q

_____valid justification for committing an act of crime

A

Defense

60
Q

____committing the entire crime, acting indirectly or acting in concert

A

Principals

61
Q

_____crime committed by another person, advises instigates encourages procures, helps other commit crime, actions contribute to commission of the crime

A

Aiding and abetting

62
Q

____ before a felony committed by another, not present when another person commits felony, statements caused contributed to commission to to the crime by another person

A

Accessory

N.C. BLET (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions