Common Law

Question 1

What is the formula for establishing prohibited social harm?

Answer 1

Actus Reus + Mens Rea + Causation

This formula is essential in criminal law to determine liability.

Question 2

Define Actus Reus.

Answer 2

The physical act, i.e. bodily movement, performed by the perpetrator.

Question 3

What must an act be in order to be considered Actus Reus?

Answer 3

It must be voluntary.

Question 4

List three examples of involuntary acts.

Answer 4

• Reflexes or convulsions
• Bodily movement during unconsciousness or sleep
• Conduct during hypnosis

Question 5

In the case of People v. Decina, why was the defendant held responsible despite his seizure?

Answer 5

He voluntarily drove knowing he had epilepsy and failed to take his medicine.

Question 6

What is an omission in the context of Actus Reus?

Answer 6

The failure to perform a duty that results in harm or death.

Question 7

In how many situations can one be held criminally liable for omission?

Answer 7

Four.

Question 8

What are the four situations where omission can lead to criminal liability?

Answer 8

• A statute imposes a duty to care
• Certain status relationships
• Assumed contractual duty
• Voluntarily assuming care and preventing aid

Question 9

Define possession as Actus Reus.

Answer 9

A voluntary act where the possessor knowingly procures or receives the thing possessed.

Question 10

Is addiction to narcotics considered an act in criminal law?

Answer 10

No, it is considered a status or condition.

Question 11

What is Mens Rea?

Answer 11

The mental state of culpability.

Question 12

What are the levels of Mens Rea in the Common Law Approach?

Answer 12

• Intentionally
• Specific intent
• General intent
• Knowingly
• Willfully
• Recklessly
• Negligently

Question 13

What is specific intent?

Answer 13

The highest level of Mens Rea requiring proof of a particular state of mind.

Question 14

Define recklessly in terms of Mens Rea.

Answer 14

Consciously disregarding a substantial and unjustifiable risk.

Question 15

What constitutes negligence in criminal law?

Answer 15

Failure to perceive a substantial and unjustifiable risk.

Question 16

What is direct evidence?

Answer 16

Physical evidence and eyewitness statements.

Question 17

What is transferred intent?

Answer 17

When the actor intends to harm one person but accidentally harms another.

Question 18

What is the difference between mistake of fact and mistake of law?

Answer 18

• Mistake of Fact: Negates an element of the offense
• Mistake of Law: Defendants are expected to know the law

Question 19

Define cause-in-fact.

Answer 19

But-for cause; proving that but for the defendant’s actions, the result would not have occurred.

Question 20

What is proximate cause?

Answer 20

The primary cause that is legally recognized as the cause of the harm.

Question 21

What is the significance of intervening causes?

Answer 21

They may relieve a defendant of culpability if not reasonably foreseeable.

Question 22

Define first-degree murder.

Answer 22

Willful, deliberate, premeditated killing.

Question 23

What characterizes second-degree murder?

Answer 23

Any intentional killing other than first-degree or voluntary manslaughter.

Question 24

What is the definition of manslaughter?

Answer 24

A killing mitigated from murder due to provocation or heat of passion.

Question 25

What is the Model Penal Code's definition of criminal homicide?

Answer 25

Causing the death of another human being purposely, knowingly, recklessly, or negligently.

Question 26

What is larceny?

Answer 26

The trespassory taking and carrying away of another’s personal property with intent to permanently deprive.

Question 27

Fill in the blank: Actus Reus requires a physical act that is _______.

Answer 27

voluntary.

Question 28

True or False: A person can be charged for being an addict under criminal law.

Answer 28

False.

Question 29

What is larceny?

Answer 29

The trespassory taking and carrying away of another’s personal property with the intent to permanently deprive the possessor of the property. ## Footnote Includes actus reus and mens rea components.

Question 30

What is the actus reus of larceny?

Answer 30

The physical taking and carrying away of the victim’s property, gaining complete possession for at least an instant. ## Footnote Requires some actual movement at common law.

Question 31

What is the mens rea required for larceny?

Answer 31

Intent to permanently deprive. ## Footnote Indicates the mental state needed for the crime.

Question 32

What constitutes prohibited social harm in larceny?

Answer 32

Trespass. ## Footnote Involves the unauthorized taking of property.

Question 33

What is larceny by trick?

Answer 33

Occurs when the defendant obtains possession of, but not title to, another’s property by fraud or trickery. ## Footnote The fraud vitiates any consent.

Question 34

What distinguishes theft by false pretenses from larceny?

Answer 34

In theft by false pretenses, the person misrepresents a fact that induces the victim to relinquish title to property. ## Footnote Unlike larceny, the title is transferred.

Question 35

What is the definition of receiving stolen property?

Answer 35

Receiving stolen property, knowing it to be stolen, with the intent to deprive the owner of the property. ## Footnote Involves awareness of the property's status as stolen.

Question 36

Why is robbery not included in theft crimes?

Answer 36

Robbery is a crime against the person, not a property crime. ## Footnote Involves a unique combination of theft and personal violence.

Question 37

What does robbery require regarding the victim?

Answer 37

The taking of property in the presence of the victim, accomplished with force that creates fear. ## Footnote The force must exceed that necessary for the taking.

Question 38

What is self-defense?

Answer 38

A defense that results in a not-guilty verdict/acquittal when a person uses force to resist harm. ## Footnote Must meet specific criteria regarding threat and response.

Question 39

What are the key components of self-defense?

Answer 39

1. Threat of imminent use of unlawful force 2. That could cause physical injury 3. Reasonable belief that force is necessary 4. Use of reasonable amount of force 5. Not responsible for the situation. ## Footnote These criteria help determine the legality of self-defense actions.

Question 40

What does the principle of necessity state in self-defense?

Answer 40

Force should not be used against another person unless it is necessary. ## Footnote Limits self-defense to imminent threats.

Question 41

What is proportionality in the context of self-defense?

Answer 41

A person is not justified in using force that is excessive in relation to the harm threatened. ## Footnote Excessive force may lead to a charge of imperfect self-defense.

Question 42

What is reasonable belief in self-defense?

Answer 42

Contains subjective and objective components regarding the belief in the need to use force. ## Footnote Jury must assess both the defendant's belief and what a reasonable person would believe.

Question 43

What is the duty to retreat?

Answer 43

If a defendant could safely leave without using deadly force, they are required to do so. ## Footnote Some states have 'stand your ground' laws that negate this duty.

Question 44

What is the Castle doctrine?

Answer 44

One has no duty to retreat when facing an aggressor within one’s own home. ## Footnote This doctrine provides a legal basis for self-defense in one's residence.

Question 45

What is the defense of others?

Answer 45

A person may use force to protect a third party from unlawful force to the same extent that the third party could defend themselves. ## Footnote Typically requires a special relationship, often familial.

Question 46

What are the limitations on the defense of property?

Answer 46

Deadly force was never appropriate for protecting property, except to prevent dispossession or burning of a dwelling. ## Footnote This reflects a common law perspective.

Question 47

What is the necessity defense?

Answer 47

An affirmative defense where actions that violate law were necessary to prevent a greater harm. ## Footnote Cannot be used as a defense for murder.

Question 48

What is duress?

Answer 48

An affirmative defense where the defendant acted under an unlawful threat of imminent death or serious bodily injury. ## Footnote The fear must influence the defendant's actions at the time of the crime.

Question 49

What is involuntary intoxication?

Answer 49

A state where a person is not aware of their intoxication and cannot be held accountable for crimes committed during that state. ## Footnote This can be a defense in certain legal situations.

Question 50

What are strict liability crimes?

Answer 50

Crimes that do not require proof of mens rea, only the act itself. ## Footnote The focus is on the action, regardless of intent.