Question 1

The term for the body of proof of the defendant's guilt is&#10;A)corpus diem.&#10;B)corpus secundum.&#10;C)corpus juris.&#10;D)corpus delicti.

Accepted Answer

The term for the body of proof of the defendant's guilt is corpus delicti. This term refers to the physical evidence, such as a murder weapon or a stolen item, as well as any other evidence that establishes that a crime has been committed. It is important for the prosecution to establish the corpus delicti in order to prove the elements of the crime beyond a reasonable doubt.

Question 2

An unconscious person cannot be assaulted.

Accepted Answer

An unconscious person cannot consent to sexual activity, so any sexual contact with them is considered assault.

Question 3

Motive is not a necessary element of proof in a murder case.

Accepted Answer

Motive may help establish a suspect's guilt, but it is not required to prove that they committed the murder. Evidence such as the weapon, the victim's injuries, and witness testimony can all be used to establish guilt in a murder case.

Question 4

Fear or apprehension of harmful contact is&#10;A)battery.&#10;B)assault.&#10;C)aggravated assault.&#10;D)false imprisonment.

Accepted Answer

The fear or apprehension of harmful contact is known as assault. It is the intentional creation of a reasonable apprehension of harm in another person's mind. It does not require the actual physical contact, but only the fear of it.

Question 5

Harmful or offensive contact involving the use of a weapon is&#10;A)aggravated assault.&#10;B)simple battery.&#10;C)simple assault.&#10;D)unintentional assault.

Accepted Answer

The use of a weapon during harmful or offensive contact would classify the offense as aggravated assault.

Question 6

There are two requirements for almost all crimes.One is that the person has the requisite intent and the other is:&#10;A)knowledge.&#10;B)scienter.&#10;C)actus reus or action.&#10;D)none of the above.

Accepted Answer

The other requirement for almost all crimes is the actus reus or the action. In other words, a person must not only have the intent to commit a crime but must also take some action towards committing that crime. Simply having the intention to commit a crime is not enough to be charged with a crime.

Question 7

The legal term for the movement of a victim by his or her kidnapper is&#10;A)conversion.&#10;B)asportation.&#10;C)relocation.&#10;D)restraint.

Accepted Answer

Asportation refers specifically to the act of moving or carrying away a victim during a kidnapping. Conversion typically refers to the act of wrongfully taking or using someone else's property, not a person. Relocation and restraint may be elements involved in a kidnapping, but they do not specifically denote the act of moving a victim.

Question 8

&#34;Specific intent&#34; refers to the requirement that the prosecution prove that the defendant intended to commit a particular crime.

Accepted Answer

Specific intent is a legal term that refers to the mental state of a defendant when he or she performed a particular act. It generally applies to crimes that involve planning, premeditation, or the desire to achieve a specific outcome. In order to convict a defendant of a crime that requires specific intent, the prosecution must demonstrate that the defendant had the conscious objective or desire to commit that crime.

Question 9

When a person kills another through negligence,this crime is referred to as voluntary manslaughter.

Accepted Answer

Voluntary manslaughter involves the intentional killing of another person, but with mitigating circumstances such as a "heat of passion" or "sudden provocation" defense. Negligently causing someone's death would be categorized as involuntary manslaughter.

Question 10

Malice and premeditation are the same thing.

Accepted Answer

Malice refers to a general intent to do harm, whereas premeditation specifically means that the harmful act was planned in advance. They are related concepts, but not identical.

Question 11

When a murder occurs as the result of a sudden,overwhelming passion,it is called&#10;A)manslaughter.&#10;B)first-degree murder.&#10;C)second-degree murder.&#10;D)involuntary manslaughter.

Accepted Answer

The answer of When a murder occurs as the result...

Question 12

An unconscious person cannot be battered.

Accepted Answer

The answer of An unconscious person cannot be battered....

Question 13

Harmful or offensive contact is&#10;A)battery.&#10;B)assault.&#10;C)aggravated assault.&#10;D)false imprisonment.

Accepted Answer

The answer of Harmful or offensive contact is&#10;A)battery.&#10;B)assault.&#10;C)aggravated assault.&#10;D)false imprisonment....

Question 14

The mental component,or intent,that a person must possess to be guilty of any crime is called&#10;A)actus reus.&#10;B)mens rea.&#10;C)specific malice.&#10;D)general malice.

Accepted Answer

The answer of The mental component,or intent,that a person must...

Question 15

The element that separates first-degree murder from second-degree murder is&#10;A)premeditation.&#10;B)malice.&#10;C)unlawful killing.&#10;D)the death of the victim.

Accepted Answer

The answer of The element that separates first-degree murder from...

Question 16

The name of the doctrine that allows the government to prosecute a person for first-degree murder when a victim is killed while the defendant is committing another felony is&#10;A)Felony Death Doctrine.&#10;B)Three Strikes Doctrine.&#10;C)Felony-Murder Doctrine.&#10;D)Homicide by Felony Doctrine.

Accepted Answer

The answer of The name of the doctrine that allows...

Question 17

In order to prove a murder charge,the state must prove that the defendant specifically intended to commit murder.

Accepted Answer

The answer of In order to prove a murder charge,the...

Question 18

The legal difference between first-degree murder and second-degree murder is premeditation.

Accepted Answer

The answer of The legal difference between first-degree murder and...

Question 19

Sudden provocation can reduce a second-degree murder charge to manslaughter.

Accepted Answer

The answer of Sudden provocation can reduce a second-degree murder...

Deck 8: Crimes Against the Person