Page 44

Question 0

If you aren’t aware of a fact that indicates you have a duty, are you liable for not fulfilling that duty?

Answer 0

No

Question 1

What are the special circumstances that relate to duty?

Answer 1

• unaware of facts or scope
• unaware of your duty to act
• impossibility of performance
• legal impossibility
• factual impossibility

Question 2

If you didn’t know your child was drowning, would you be liable for not rescuing him?

Answer 2

No

Question 3

If you don’t know you have a duty to act, but you are aware of the facts, are you liable for not acting?

Answer 3

Yes, because ignorance of the law is no excuse

Question 4

Can you be held liable for failing to do an act that you were physically incapable of doing?

Answer 4

No

Question 5

If you try to burn down your own house and fail, can that be attempted arson?

Answer 5

No, because it must be the dwelling house of another, so that is legal impossibility

Question 6

On an exam, any shooting of a corpse calls for an explanation of what?

Answer 6

Legal impossibility

Question 7

What is an omission?

Answer 7

Failing to act under circumstances that you have a legal duty to act

Question 8

What is a negative act?

Answer 8

Leaving something undone that ought to be done

Question 9

How can you be liable for acts that are not necessarily voluntary?

Answer 9

If you know you are prone to fainting spells, and you have one while driving

Question 10

If you have been summoned by an officer to assist him, what does the law say?

Answer 10

You are required to respond, and you have the same authority to use force as he does

Question 11

If a private person makes an arrest, he does so at what?

Answer 11

At his peril if he uses deadly force, because he has no privilege if it turns out that it wasn’t necessary