Legal Test 2

Question 1

What is the difference in elements between 1st & 2nd Degree murder?

Answer 1

1st Degree is premeditated, 2nd Degree is unpremeditated with 1 pf 3 states of mind:

• the intent to kill
• intent to do GBH
• knowingly creating a situation of substantial risk.

Question 2

What is the heat of passion defense?

Answer 2

Acting without thinking, in a situation where there is extreme emotional stress.

Question 3

Is the “Heat of Passion” defense a complete defense?

Answer 3

No, it is only a valid defense if an adequate person would consider the circumstances to be an adequate cause; and there must be no cooldown period or time to think.

Question 4

How many degrees of C.S.C. are there?

Answer 4

4.

Question 5

Which degrees of C.S.C. involve penetration?

Answer 5

1st and 3rd.

Question 6

What are the factors that make 1st Degree C.S.C. the most serious?

Answer 6

The existence of aggravating factors:

• use of a weapon
• use of physical violence or threat of violence
• victim is under the age of 13
• victim is between the age of 13-15, but defendant is in a position of authority, blood relation, or member of the same household.

Question 7

What are the 2 recognized types of involuntary manslaughter?

Answer 7

Gross negligence or Misdemeanor Assault resulting in death.

Question 8

What is the difference between Larceny From a Person and Unarmed Robbery?

Answer 8

Larceny From a Person does not involve any use of force. Unarmed Robbery involves violence or a show of force.

Question 9

What’s the difference between Assault & Battery?

Answer 9

Assault is an attempt to commit a battery or placing someone in fear of battery.
Battery is the application of force to cause harm of offensive touching.

Question 10

What are the ways to commit an Assault?

Answer 10

An attempt to commit a battery and threatening motions or actions.

Question 11

What are the relationships that meet the elements for Domestic Violence?

Answer 11

A current or former of any of the following:

1. Spouse.
2. Residence in Common (room mate).
3. Dating partner.
4. Anyone who shares a child in common.

Question 12

What’s the difference between False (Unlawful) Imprisonment and Kidnapping?

Answer 12

Kidnapping is the intentional movement and restraint of another person.
False Imprisonment is the knowing restraint of another through: the use of a weapon, secret confinement, or to facilitate a felony.

Question 13

What’s the difference between Larceny and Embezzlement?

Answer 13

Embezzlement requires some form of trust relationship (employer/ employee), and the initial taking is consensual.
Larceny, is the taking of property without the owner’s consent.

Question 14

What are the elements of Retail Fraud?

Answer 14

Theft from a business that is open to the public, and the items taken must be items offered for sale.

Question 15

What are the 2 types of Trespassing?

Answer 15

Forbidden Entry and Refusing to Leave (after notice).

Question 16

What are the elements of Receiving and Concealing (stolen property)?

Answer 16

Defendant was in possession of stolen property, with knowledge (or reason to believe) that the property was stolen.