Question 1

In order to impose criminal liability:&#10;A)factual and legal causation must exist.&#10;B)factual but not legal causation must exist.&#10;C)legal but not factual causation must exist.&#10;D)neither factual nor legal causation need exist.

Accepted Answer

In order for criminal liability to be imposed, both factual and legal causation must exist. Factual causation means that the defendant's actions were the actual cause of the harm. Legal causation means that the defendant's actions were the proximate cause of the harm, meaning that the harm was a foreseeable consequence of the defendant's actions. In order for criminal liability to be imposed, both factual and legal causation must exist. Factual causation means that the defendant’s actions were the direct cause of the harm suffered by the victim. Legal causation requires the harm suffered to be a foreseeable consequence of the defendant’s actions. Therefore, both types of causation must be present for criminal liability to be imposed.

Question 2

The &#34;but-for&#34; test is associated with:&#10;A)factual causation.&#10;B)proximate causation.&#10;C)legal causation.&#10;D)constructive causation.

Accepted Answer

The "but-for" test is used to determine factual causation in a negligence case. It asks whether, but for the defendant's actions, the plaintiff's injury would have occurred. If the answer is no, then the defendant's actions are considered the factual cause of the injury. The "but-for" test is used to determine factual causation, which asks whether the injury or harm would not have occurred "but for" the defendant's actions. In other words, would the harm have happened anyway regardless of the defendant's conduct? If the answer is yes, then there is no factual causation.

Question 3

A common method of proving mens rea is by:&#10;A)a guilty plea.&#10;B)inference from a person's actions.&#10;C)an eyewitness.&#10;D)a polygraph examination.

Accepted Answer

Mens rea refers to the mental state of the defendant at the time of the crime. This mental state cannot be directly observed, but can be inferred from a person's actions. Therefore, the most common method of proving mens rea is by inference from a person's actions. A guilty plea may be an admission of mens rea, but not all defendants plead guilty. An eyewitness may provide evidence of the defendant's actions, but not necessarily their mental state. Polygraph examinations are not generally admissible in court as conclusive proof of mens rea. Inferring mens rea from a person's actions is a common and accepted method of proving intention or knowledge. This can be evidenced by the circumstances surrounding the crime, the person's behavior before and after the crime, and any statements or evidence of planning or premeditation. Guilty pleas and eyewitness testimony can also be strong indicators of mens rea, but are not always available or reliable. Polygraph examinations are generally not admissible in court as evidence of guilt or innocence.

Question 4

If an actor knows that harm may follow his or her voluntary action, the actor possesses:&#10;A)subjective fault.&#10;B)excessive fault.&#10;C)objective fault.&#10;D)conclusive fault.

Accepted Answer

Subjective fault refers to a situation where an individual is aware that their actions may lead to harmful consequences, indicating a personal understanding or awareness of the potential harm.

Question 5

The most important factor(s) in grading offenses is:&#10;A)the mens rea and the harm done.&#10;B)the legal duty to act.&#10;C)the complexity of the crime.&#10;D)the number of victims and the extent of loss.

Accepted Answer

The mens rea (intent or knowledge) of the offender and the harm done to the victim(s) are the most important factors in grading offenses. This takes into account both the subjective culpability of the offender and the objective harm caused to the victim(s). Other factors such as legal duty to act, complexity of the crime, and number of victims and extent of loss may also be considered, but they are secondary to the mens rea and harm done. Mens rea refers to the intent or knowledge of wrongdoing, which is a crucial element in determining the severity of an offense. The harm done to the victim(s) is another important factor, as it considers the impact and consequences of the offense on the victim(s) and society as a whole. Legal duty to act, complexity of the crime, and number of victims and extent of loss are all relevant factors, but they do not carry the same weight as mens rea and harm done.

Question 6

Conduct during a sleepwalking episode is considered:&#10;A)a voluntary act.&#10;B)a status or condition.&#10;C)an involuntary act.&#10;D)a strict liability act.

Accepted Answer

Sleepwalking is considered an involuntary act as the person is not fully conscious and has no control over their actions. Sleepwalking is considered an involuntary act because the individual is not conscious or aware of their actions during the episode. They have no control over their behavior and are not responsible for any actions they may take while sleepwalking.

Question 7

In order to be held criminally liable for a failure to act, the defendant:&#10;A)must have a moral duty to act.&#10;B)must possess malice aforethought.&#10;C)must be at least negligent.&#10;D)must have a legal duty to act.

Accepted Answer

In order to be held criminally liable for a failure to act, the defendant must have a legal duty to act. This means that there must be a law or statute requiring the defendant to take action in a specific situation, such as a duty to report child abuse. Without a legal duty to act, there can be no criminal liability for a failure to act. Moral duty or negligence may be relevant in civil cases, but not in criminal cases. Malice aforethought is a specific intent required for certain crimes, such as murder, but is not necessary for criminal liability for a failure to act. In order to be held criminally liable for a failure to act, the defendant must have a legal duty to act. This legal duty can arise from a special relationship with the victim, a contractual duty to act, or a statutory duty to act. Without a legal duty to act, the defendant cannot be held criminally liable for a failure to act.

Question 8

The reasonable person standard is part of the definition of:&#10;A)purpose.&#10;B)knowledge.&#10;C)recklessness.&#10;D)specific intent.

Accepted Answer

The reasonable person standard is used to determine whether someone acted with recklessness, which is a level of negligence in which a person knew or should have known that their actions could cause harm to someone else. Therefore, the reasonable person standard is part of the definition of recklessness. The reasonable person standard is a legal concept used to determine whether a defendant acted with recklessness. It is not related to purpose, knowledge, or specific intent.

Question 9

Which of the following is not considered an act for purposes of criminal law?&#10;A)Omission&#10;B)Thought&#10;C)Speech&#10;D)Attempt

Accepted Answer

Criminal law requires an act, or action, to occur in order for a crime to have been committed. Thoughts, while they may be relevant in certain circumstances, are not considered acts for purposes of criminal law. Omission, or failing to act when required to do so, can be considered an act in certain situations. Speech, such as making threats or inciting violence, can also be considered an act in certain circumstances. Attempt, or taking steps towards committing a crime without actually completing it, is also considered an act for purposes of criminal law. Criminal law generally requires an act, or actus reus, to establish criminal liability. While it may be possible for certain omissions (not doing something) to result in criminal liability, merely thinking about committing a crime or planning to commit a crime without taking any significant steps toward doing so (attempt) do not usually amount to criminal acts. Speech may also be a criminal act in certain circumstances, such as making threats or issuing false statements that damage someone's reputation or financial interests.

Question 10

Negligent wrongdoers:&#10;A)know that they are doing wrong.&#10;B)know that they are creating risks.&#10;C)do not consciously create risks of harm.&#10;D)cannot be punished.

Accepted Answer

Negligent wrongdoers do not consciously create risks of harm, unlike intentional wrongdoers who know they are doing wrong (choice A) and creating risks. Negligent wrongdoers may not always be aware of the risks they are creating and may not act with the intention of causing harm. However, they are still responsible for the consequences of their actions or inactions. Choice D is incorrect as negligent wrongdoers can still be punished under the law. Negligent wrongdoers do not consciously create risks of harm. They may not be aware of the potential dangers of their actions or may fail to take reasonable measures to prevent harm. However, they are still responsible for their negligence and may be held liable for any resulting harm. Option A and B refer to intentional wrongdoers, while option D is not true as negligent wrongdoers can be punished.

Question 11

A subjective state of mind is:&#10;A)the defendant's actual state of mind.&#10;B)what most people would intend under the circumstances.&#10;C)what a reasonable person would intend under the circumstances.&#10;D)the jury's opinion of what it would intend under the circumstances.

Accepted Answer

The answer of A subjective state of mind is:&#10;A)the defendant's...

Question 12

Wanton conduct is:&#10;A)harming knowingly.&#10;B)consciously creating risks of harm.&#10;C)creating risks of harm without knowing it.&#10;D)acting in such a way as to cause harm.

Accepted Answer

The answer of Wanton conduct is:&#10;A)harming knowingly.&#10;B)consciously creating risks of...

Question 13

When the defendant intends to harm one victim but harms another, the law may punish for:&#10;A)general intent.&#10;B)transferred intent.&#10;C)specific intent.&#10;D)constructive intent.

Accepted Answer

The answer of When the defendant intends to harm one...

Question 14

A person who acts &#34;knowingly&#34; acts:&#10;A)intelligently.&#10;B)consciously or with awareness.&#10;C)with a specific intent to accomplish a criminal harm.&#10;D)reasonably.

Accepted Answer

The answer of A person who acts &#34;knowingly&#34; acts:&#10;A)intelligently.&#10;B)consciously or...

Question 15

In what type of crime may the prosecution ignore the defendant's state of mind?&#10;A)Misdemeanors&#10;B)Administrative crimes&#10;C)Status crimes&#10;D)Strict liability crimes

Accepted Answer

The answer of In what type of crime may the...

Question 16

Mens rea includes:&#10;A)strict liability.&#10;B)status or condition.&#10;C)specific intent.&#10;D)omission.

Accepted Answer

The answer of Mens rea includes:&#10;A)strict liability.&#10;B)status or condition.&#10;C)specific intent.&#10;D)omission....

Question 17

Strict liability has been criticized on the grounds that:&#10;A)it imposes liability without blameworthiness.&#10;B)it imprisons too many people.&#10;C)it is contrary to sound social policy.&#10;D)it does not punish offenders severely enough.

Accepted Answer

The answer of Strict liability has been criticized on the...

Question 18

If the defendant should know that harm will likely follow his or her voluntary act, the defendant possesses:&#10;A)constructive fault.&#10;B)subjective fault.&#10;C)objective fault.&#10;D)proximate fault.

Accepted Answer

The answer of If the defendant should know that harm...

Deck 2: Essential Elements of Crimes