general

Question 1

Plain Meaning of the statute

Answer 1

1. Plain Meaning Rule - even if the law is unwise or undesirable. When the statutory language is plain and its meaning clear, the court must use it.

exception: plain meaning of a statute will lead to injustice, oppression, or an absurd consequence.

Question 2

Ambiguous Statutes

Answer 2

Ambigious statutes are susceptible to two or more equally reasonable interpretations. (as opposed to a vague statute).

Strictly Construed in Favor of Defendant

The rule of** lenity** requires that an ambiguous criminal statute must be **strictly construed in favor of the defendant. **

A vague statute is one that is so unclear as to be susceptible to** no reasonable interpretation**.

Question 3

general principle of statutory interpretation

Answer 3

• As a general rule: the codes are interpreted narrowly against the state.
• A statute that is in derogation (an exemption from or relaxation of a rule or law) of the common law are to be construed narrowly and require a Mens Rea

Question 4

Maxim of In Pari Materia:

Answer 4

Statutes dealing with similar subjects should be treated similarly (page 81)
- Whoever sells cocaine shall be fined $1000
- Whoever knowingly sells heroin shall be fined $1000
o The top one is broad, one could argue that the legislature wanted them to be the same under the maxim of in Pari Materia

Question 5

the Maxim of Expressio Unius or Exclusio Alterius

Answer 5

According to this maxim, the expression of one thing impliedly indicates an intention to exclude another.

the bigamy exception: one can remarry if ones spouse is gone for more than 5 years. One remarries at year 4 in good faith thinking spouse is dead. the explicit exception rules out all others.

Question 6

Standard of review for MENS REA

MENS REA

Answer 6

The standard of review:
* Light most favoring the non-moving party
* Inferences will be drawn against the D
* Conclusion: We are asking to see if there is a triable issue or dismissal as a matter of law.

Question 7

1. Purpose of Mens Rea Requirement

Answer 7

The reason that mens rea:
- distinguish between inadvertent or accidental acts; or
- acts performed by one with a “guilty mind.”
- (strict liability crimes), mens rea is not required.

Question 8

Presumption of cuplable state where none is listed

need to bring this up with professor

Answer 8

the mens rea culpable state modifies each element in federal statute.

does not mean that state need to adopt this

Question 9

intervening act

Answer 9

an unforeseeable or extrodinary independant event that changes that natural courses of events between D’s action and victims ultimate injury

Question 10

to satisfy casuation there are 2 things needed

Answer 10

1. D needs to be the but for cause of the death
2. D needs to be culpable for the death

Question 11

does removal of life support break the causation chain in criminal cases

Answer 11

in almost all jurisdiction the answer is no.

Question 12

what is direct Evidence

Answer 12

witness percieved something that they say and jury will buy it

Question 13

what is Circumstantial E

Answer 13

inferences jsut need to be reasonable and possible

Question 14

circumstantial E chain

how did the trout get into the milk (someone put it there)

Answer 14

how did i know the milkman came.
1. i left empty bottles out
2. i heard a vehicle stop outside last nght
3. i see footprints in the snow to the milk box
4. i see tire tracks going away
5. i have new milk in box

Question 15

is someone was convicted on cricumstantial E, the appellate cour will:

l

Answer 15

look to see that all reasonable hypothesese were looked at during trial, to ensure a complete chain with in light of E as whole, leads directly to the guilt of D BYRD. there can be no reasonable inference other than guilt.

Question 16

cricumstantial E- what may a jury do

Answer 16

infer voluntary and natural/probably outcomes of what D was doing. and infer a permissible conclusion

Question 17

jury instructions for Circumstantial E

Answer 17

the jury MAY (not must) draw inferences or presume a fact

am in missing something about presumed facts!!!

Question 18

sufficiency of intent

Answer 18

Circumstantial E may be thorougly satisfactory based for conviction of he highest crimes.

Question 19

when may a Defense counsel may not call a witness:

Answer 19

if that witness intends to provide false testimony. professional rules of conduct.

Question 20

natural and probable consequences doctrine

Answer 20

jury may infer that D’s statement that he intends that natural and probable consequenses of his actions and a are not binding on JY if they act to the contrary.

pae 169 old book, courts must be careful to instruct the JY that such a finding is not a necessary reasult, I.E. D’d guild may not be presumed. (JY may infer requisite inteny)

Question 21

Circumstantial E allows

Answer 21

A reasonable juror to infer a fact relevant to the prosecution.

Question 22

a jury instruction violated the due process clause when

Answer 22

it states that the law persumes that a person intentds the ordinary consequesnes of his voluntary acts.

Question 23

when mere possession is a crime

Answer 23

state must almost always need to prove conscious possession.

Question 24

self induced state

Answer 24

if D has an earlier involuntary act (like a siezure) then D many not be able to use that as a defense later one because D is on notice.

Question 25

when is an act voluntary

Answer 25

is voluntary if it is a product of a person’s free will, manifested by a corresponding body movement.