Deck 3: The Elements of Criminal Liability

Question 1

The doctrines of legality and lenity fit within the ________ part of the criminal law.

A) Conduct.
B) Specific.
C) General.
D) Result.

Answer 1

General.

Question 2

Which is NOT one of the basic elements of criminal liability?

A) Concurrence.
B) Causation.
C) Resulting Harm.
D) Coincidence.

Answer 2

Coincidence.

Question 3

These crimes are offenses that are not complete without actual harm.

A) Result.
B) Tort.
C) Conduct.
D) Specific.

Answer 3

Result.

Question 4

Reckless driving is an example of a ________ crime.

A) Conduct.
B) Result.
C) Tort.
D) Specific.

Question 5

Which is NOT one of the three basic elements to criminal liability?

A) Actus reus.
B) Mens rea.
C) Malum prohibitum.
D) Concurrence.

Question 6

Laws that make it a crime for someone to fail to come to the aid of another who is danger are known as:

A) Omission Laws.
B) Relationship Laws.
C) Contract Laws.
D) Good Samaritan Laws.

Question 7

A woman took an intoxicated man into her home and allowed him to use the bathroom, knowing his intent was to inject heroin (she even gave him a spoon to help prepare his injection). He emerged from the bathroom, collapsed, and was later dragged outside, where he died. The woman was found guilty of manslaughter. Which omission would satisfy the actus reus requirement specific to this woman's situation?

A) Creation of Peril.
B) Landowner Duty.
C) Voluntary Assumption of Care.
D) Contract.

Question 8

If George pushes Gary, who cannot swim, into a lake; Gary struggles and cries out for help; and George fails to assist, George can be guilty of a crime. Which omission would satisfy the actus reus requirement specific to George's situation?

A) Creation of Peril.
B) Landowner Duty.
C) Voluntary Assumption of Care.
D) Contract.

Question 9

Mary fails to report suspected child abuse. Failure to report can lead to criminal liability by omission. Which omission would satisfy the actus reus requirement specific to Mary's situation?

A) Contract.
B) Statute.
C) Relationship.
D) Landowner Duty.

Question 10

This type of mens rea or criminal intent in which the defendant unconsciously creates a risk of harm and does not act like a reasonable person under the circumstances:

A) Knowledge.
B) Negligence.
C) Recklessness.
D) Malice.

Question 11

This is the intent to commit a wrongful act without a legitimate cause or excuse.

A) Knowledge.
B) Negligence.
C) Malice.
D) Motive.

Question 12

This type of concurrence states that the mens rea must be linked to the actus reus it is intended to accompany.

A) Temporal.
B) Factual.
C) Motivational.
D) Legal.

Question 13

Causation, the requirement that the defendant is responsible for the harm, applies only to ________ crimes.

A) Result.
B) Conduct.
C) Harmful.
D) Tort.

Question 14

Temporal concurrence means that the ________ must accompany the ________ in time.

A) Actus reus; Mens rea.
B) Mens rea; Actus reus.
C) Actus reus; Malum prohibitum.
D) Malum prohibitum; Mens rea.

Question 15

The requirement that the defendant is responsible for the harm in result crimes is known as:

A) Temporal Causation.
B) Causation.
C) Factual Causation.
D) Legal Causation.

Question 16

Another event besides the actions of the defendant that resulted in the harm after the defendant acted is known as a(n) ________ cause.

A) Direct.
B) Intervening.
C) Legal.
D) Factual.

Question 17

Which mistake does NOT form the requisite mens rea to support a criminal conviction?

A) Law.
B) Fact.
C) Evidence.
D) Proof.

Question 18

The part of law that defines specific crimes is the general part of the criminal law.

Question 19

Conduct crimes require actual harm.

Question 20

Result crimes require actual harm.

Question 21

There cannot be a crime without some action or inaction on the part of the defendant.

Question 22

It is a crime to intend to inflict harm on someone else.

Question 23

An omission cannot satisfy the actus reus element of crime.

Question 24

Actual possession is property that is either held by the individual or attached to them in some fashion.

Question 25

Motive is the intent to commit a wrongful act without a legitimate cause or excuse.

Question 26

Motivational concurrence means that the mens rea must accompany the actus reus in time.

Question 27

Concurrence is the requirement that the defendant is responsible for the harm in result crimes.

Question 28

The prosecutor must prove beyond a reasonable doubt that the defendant committed a criminal act with the required mental state.

Question 29

Causation can occur from an omission.

Question 30

A mistake and ignorance of the law are synonymous of each other.

Question 31

Successful ignorance defenses are rare.

Question 32

Mistake of law can potentially be used as a defense or to negate the mens rea requirement of a crime.

Question 33

The ________ part of the criminal law are broad principles that apply to more than one crime.

Question 34

There are three basic elements to criminal liability: actus reus, mens rea, and ________.

Question 35

An act is considered ________ when it is in some way willed by the actor.

Question 36

________ possession is property that is either held by the individual or attached to them in some fashion.

Question 37

Statutory mens rea is the level of ________ required by a specific statute, possibly independent of any notion of morality.

Question 38

Causation, the requirement that the defendant is responsible for the harm, applies only to ________ crimes.

Question 39

In order to determine ________ causation, courts typically apply a "but for,"or sine qua non test.

Question 40

________ of the law is when a defendant who does not know there is a law applying to his or her activity.

Question 41

Match each term with its definition.

-Conduct Crimes

A) One of the core requirements of a crime; meaning "evil act."
B) Where is no requirement for resulting harm.
C) The requirement that the defendant is responsible for the harm in result crimes.
D) Where there is a requirement for actual harm.
E) The mental state or criminal intent of the defendant.
F) The defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances.

Question 42

Match each term with its definition.

-Result Crimes

A) One of the core requirements of a crime; meaning "evil act."
B) Where is no requirement for resulting harm.
C) The requirement that the defendant is responsible for the harm in result crimes.
D) Where there is a requirement for actual harm.
E) The mental state or criminal intent of the defendant.
F) The defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances.

Question 43

Match each term with its definition.

-Actus Reus

A) One of the core requirements of a crime; meaning "evil act."
B) Where is no requirement for resulting harm.
C) The requirement that the defendant is responsible for the harm in result crimes.
D) Where there is a requirement for actual harm.
E) The mental state or criminal intent of the defendant.
F) The defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances.

Question 44

Match each term with its definition.

-Mens Rea

A) One of the core requirements of a crime; meaning "evil act."
B) Where is no requirement for resulting harm.
C) The requirement that the defendant is responsible for the harm in result crimes.
D) Where there is a requirement for actual harm.
E) The mental state or criminal intent of the defendant.
F) The defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances.

Question 45

Match each term with its definition.

-Causation

A) One of the core requirements of a crime; meaning "evil act."
B) Where is no requirement for resulting harm.
C) The requirement that the defendant is responsible for the harm in result crimes.
D) Where there is a requirement for actual harm.
E) The mental state or criminal intent of the defendant.
F) The defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances.

Question 46

Match each term with its definition.

-Mistake of Law

A) One of the core requirements of a crime; meaning "evil act."
B) Where is no requirement for resulting harm.
C) The requirement that the defendant is responsible for the harm in result crimes.
D) Where there is a requirement for actual harm.
E) The mental state or criminal intent of the defendant.
F) The defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances.

Question 47

Identify and define the seven specific situations when an omission can satisfy the actus reus requirement.

Question 48

The Modern Penal Code narrows down the mens rea requirements in state statues. Identify and explain the four mens rea requirements of the Modern Penal Code.

Question 49

Explain the difference between factual cause and legal cause.

Question 50

Explain the three main situations in which ignorance or mistake can serve as a defense to criminal liability.

Question 51

Identify and define the four mental states used within the Modern Penal Code? Identify which is the most culpable state of mind. Using the four mental states, provide an explanation of the mentality for the killing of an individual.

Question 52

Hank went to the grocery store, selected 10 items from the shelves, and then visited a cashier who began scanning the items. Assume that Hank was talking on his cell phone and failed to notice that the cashier missed an item. Assume further that on leaving the store, a security guard noticed that Hank was leaving with an item that he had not paid for. Hank was prosecuted for theft. Was Hank's theft a mistake of fact or a mistake of law? Explain. Further, what is the likelihood conviction for Hank?