Mens Rea

Question 1

General intent

Answer 1

Intent to do act that = crime

Usually = intent to do the actus reus requires for crime

Question 2

Specific intent

Answer 2

Intent to do something beyond the required act

Theft= not just taking someone’s property but also requires having the intent to deprive the owner of property permanently

Question 3

Transferred intent

Answer 3

Intent to do harm to 1 person but harm a 2nd person instead

Question 4

Constructive intent

Answer 4

No harm intended but acted knowing or should have known of risk in action

Reckless and negligence

Question 5

Subjective recklessness

Answer 5

Consciously creating a risk acting despite a known danger

Question 6

Objective negligence

Answer 6

Non-conscious risk taking should have realized danger of action but didn’t

Question 7

Strict liability

Answer 7

Eliminates mens rea requirement

Liability w/o fault - merely doing a prohibited act

Question 8

Vicarious liability

Answer 8

Eliminates the act requirement. Liability based on relationships of actor and defendant

( ex. Employer employee or parent & children )

Question 9

Proximate cause

Answer 9

Connection of act and mind to harm

Question 10

Intervening cause

Answer 10

Interruption in cause