Notes

Question 1

What does “erred” mean?

Answer 1

Error.

Question 2

What does “affirmed” mean?

Answer 2

The Supreme Court agreed with the lower court.

Question 3

What does “reverse” mean?

Answer 3

Also tied in with “remand,” is where you take it back to the lower court again and let them decide other questions of law.

Question 4

What’s the difference between criminal and tort (civil) in connection to how it’s seen and approached?

Answer 4

Criminal is beyond a reasonable doubt, 95% positive on your claims. On the other hand, tort (civil) is the preponderance of evidence; more than 51% sure.

Question 5

What is criminal liability?

Answer 5

Performing an act that harms or threatens to harm people or the public interest in a way that isn’t fair or reasonable (when you can be charged with a crime).

Question 6

What 2 involvements are in regard to criminal omissions?

Answer 6

1. Failure to act (contract)
2. Failure to report/intervene (legal duty)

Question 7

Legal duties are created in what three ways?

Answer 7

Statutes, contracts and special relationships.

Question 8

What is legal duty?

Answer 8

An obligation enforced by law.

Question 9

Both omissions—failure to report and failure to intervene—are criminal omissions only if…?

Answer 9

The defendants had alegal duty.

Question 10

How many types of possession exist in law, and what are they?

Answer 10

Actual, constructive and exclusive.

Question 11

What is actual possession?

Answer 11

On your person.

Question 12

What is constructive possession?

Answer 12

Controlling the space or having knowledge of the possessed item {has to have evidence linked to individual(s)}.

Question 13

What is exclusive possession?

Answer 13

1 individual in control.

Question 14

Intent indicates…?

Answer 14

Premeditation.

Question 15

What are the 4 “LY”s related to intent?

Answer 15

Knowingly, willingly, purposely, and recklessly.

Question 16

Is motive intent?

Answer 16

NO.

Question 17

What’s mistake of fact (in relation to defense)?

Answer 17

a defense to criminal liability whenever the mistake prevents the formation of any fault-based mental attitude—namely, purposely, knowingly, recklessly, or negligently. (a theory based on an honest error that the accused acted upon).

Question 18

What’s an alibi in relation to defense?

Answer 18

Where the defendant claims they were somewhere else at the time the crime was committed.

Question 19

What’s self-defense in relation to defense?

Answer 19

A specific type of defense that involves protecting oneself from harm or injury. It’s about using reasonable force to prevent or stop an attack on your own person (amounts to a grudging concession to necessity).

Question 20

What’s public duty in relation to defense?

Answer 20

The obligation of citizens to protect their country and its people from threats, both foreign and domestic.

Question 21

What’s a necessity in relation to defense?

Answer 21

a defense that argues an imminent danger of attack was prevented.

Question 22

What’s duress in relation to defense?

Answer 22

when defendants use the excuse that they were forced to do what they did.

Question 23

What’s defense of infancy in relation to defense?

Answer 23

states that a child is too young to understand the consequences of their actions and therefore cannot be held criminally responsible; or retains the mental age of a child.

Question 24

What’s entrapment in relation to defense?

Answer 24

excuse that argues government agents got people to commit crimes they wouldn’t otherwise commit.

Question 25

What’s insanity in relation to defense?

Answer 25

the legal term that refers to a mental disease or defect that impairs the reason and/or will to control actions.

Question 26

What’s an excuse in relation to defense?

Answer 26

defendants admit what they did was wrong but claim that, under the circumstances, they weren’t responsible for what they did.

Question 27

What is criminal conduct?

Answer 27

a criminal act triggered by criminal intent (necessary to hold individuals accountable for the crimes they commit).

Question 28

What is justification in relations to defense?

Answer 28

Where defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right (justified, kill or be killed).

Question 29

What are the four elements of self-defense?

Answer 29

Non-aggressor, necessity, proportional responder, and reasonable belief.

Question 30

What is a non-aggressor in relation to defense?

Answer 30

The defender didn’t start or provoke the attack.

Question 31

What is necessity in relation to defense?

Answer 31

Defenders can use deadly force only if they reasonably believe it’s necessary to repel an imminent deadly attack—namely, one that’s going to happen right now.

Question 32

What is proportionality (proportional response) in relation to defense?

Answer 32

Defenders can use deadly force only if the use of non-deadly force isn’t enough to repel the attack. Excessive force isn’t allowed.

Question 33

What is reasonable belief in relation to defense?

Answer 33

The defender has to reasonably believe that it’s necessary to use deadly force to repel the imminent deadly attack.

Question 34

What’s a classic excuse in defense?

Answer 34

Insanity.

Question 35

What’s the classic justification in defense?

Answer 35

Self-defense.

Question 36

Name the defense to the fact pattern:

A police officer arrests a man for drunk and disruptive and the man begins to fight. The police officer strikes the man in the face with his fist and breaks the man’s jaw. What defense does he have to an assault and battery charge?

Answer 36

Self-defense.

Question 37

Name the defense to the fact pattern:

A lady’s car breaks down in the middle of a blizzard. It will not run, and there is no heat. She walks to the nearest house and knocks on the door. No one answers the door. She breaks into the house because it is -25 and she doesn’t want to freeze to death. What is her defense to burglary charges?

Answer 37

Necessity.

Question 38

Name the defense to the fact pattern:

A police officer sees a man leave a bar, stumbling to his car. He radios to the officer working security at the bar and tells him to tell the drunk to leave the parking lot or that he will be arrested for trespass. Once the drunk exits the parking lot the officer pulls the car over and arrests the drunk for DWI. What is his defense?

Answer 38

Entrapment.

Question 39

Name the defense to the fact pattern:

A woman is kidnapped by her boyfriend. The boyfriend gives her an unloaded rifle and tells her that he will kill her if she does not go into the bank with him to rob a bank. The boyfriend has beat the woman before and she is in fear of her life. She goes into the bank and helps her boyfriend rob the bank. What is her defense?

Answer 39

Duress.

Question 40

Name the defense to the fact pattern:

John Smith was arrested for murdering Jane Wilson on Oct 1, 2017. Wilson died around 8 p.m. Smith was Wilson’s boyfriend. Smith produces work time sheet records and store video that shows he was at work around 8 p.m. and therefore could not have murdered his girlfriend.
What is his defense?

Answer 40

Alibi.

Question 41

Name the defense to the fact pattern:

A man is at a party and leaves early. On his way out he grabs his coat off the rack. When he gets home he finds a phone in the pocket that is not his and realizes that he picked up the wrong coat. What is his defense to larceny?

Answer 41

Mistake of fact.

Question 42

What types of defenses are used in law?

Answer 42

Alibi, self-defense, public duty, necessity, mistake of fact, duress, defense of infancy, entrapment, insanity, and excuse.

Question 43

What is the doctrine of “transferred intent”?

Answer 43

You intended to kill someone, but it can transfer. Someone else can still be harmed, possibly killed by whatever instance, and is still guilty for this because it originated with a murderous intent.

Question 44

Can someone be found not guilty even if they didn’t mean to when it comes to “transferred intent”?

Answer 44

No, they’re guilty. Someone else can still be harmed, possibly killed by whatever instance, and is still guilty for this because it originated with a murderous intent.

Question 45

What does it mean when speaking of objective viewpoints?

Answer 45

“Reasonable man”

Question 46

What does it mean when speaking of subjective viewpoints?

Answer 46

defendant’s feelings < TRIAL (HONEST BELIEF).

Question 47

What are the three main categories of homicide?

Answer 47

Justifiable, excusable, and criminal.

Question 48

What is the difference between first-degree and second-degree murder?

Answer 48

First-degree murder involves premeditation and intent to kill, while second-degree murder involves malice aforethought but lacks premeditation.

Question 49

What is the felony murder rule?

Answer 49

Holds a person liable for murder if a death occurs during the commission of a felony.

Question 50

What is the difference between direct and circumstantial evidence?

Answer 50

Direct evidence directly proves a fact, while circumstantial evidence provides clues that suggest a fact.

Question 51

What is voluntary manslaughter?

Answer 51

The intentional killing of another person in the heat of passion.

Question 52

What is involuntary manslaughter?

Answer 52

The unintentional killing of another person due to reckless or negligent behavior.

Question 53

What is a bifurcated trial?

Answer 53

A trial that is split into two parts, typically to separate the determination of guilt from the determination of sentencing.

Question 54

What is the deadly weapon doctrine?

Answer 54

The deadly weapon doctrine presumes intent to kill when a deadly weapon is used in a crime.

Question 55

What is the Death with Dignity Act?

Answer 55

Allows terminally ill adults to voluntarily request and receive medication to hasten their death.

Question 56

How can a corporation be held criminally liable?

Answer 56

A corporation can be held criminally liable through the actions of its employees or agents.

Question 57

What is adequate provocation?

Answer 57

A legal defense that can reduce the severity of a crime, such as murder, if the defendant was provoked by another person to the point of losing self-control.

Question 58

What is a “dependent victim”?

Answer 58

A “dependent victim” is a term used to describe a victim who has died as a result of a crime.

Question 59

What is “depraved heart murder”?

Answer 59

a type of murder that involves an extremely reckless disregard for human life, often involving a conscious disregard of a substantial and unjustifiable risk of death.