Essential Elements of Crime Flashcards
physical act
any bodily movement that is voluntary
Is a reflexive or convulsive act a physical act?
No.
Is an act performed while you are unconscious or asleep a physical act?
No.
Is there any legal duty to rescue?
No.
Is there a legal duty to act?
Sometimes.
Five ways a legal duty to act can arise
(1) statute
(2) contract
(3) relationship
(4) failure to adequately perform voluntary assumption of care
(5) creation of peril
Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts
Solicitation Conspiracy Attempt First-degree murder Assault Larceny Embezzlement False pretenses Robbery Burglary Forgery All specific intent crimes
The two malice crimes
Murder and arson
General intent
general awareness
Strict liability
no intent
Purposely
conscious objective
Knowingly
aware
Recklessly
consciously disregards substantial and unjustifiable risk
Negligently
failure of awareness of substantial and unjustifiable risk
Concurrence
intent necessary for crime at time of commission of act constituting crime