General Definitions

Question 1

The overt act during the commission of a crime

Answer 1

Actus Reus

Question 2

refers to a guilty mind or wrongful intent

Answer 2

Mens Rea

Question 3

a wrong in itself, in other words, something naturally or inherently evil.

Answer 3

Malum in Se

Question 4

something which is not necessarily morally wrong in it of itself, but which is made wrong by legislation.

Answer 4

Malum Prohibitum

Question 5

A serious crime punishable by imprisonment or in some cases in some jurisdictions, death; a crime placed by a state’s criminal code in a class more serious than the other main class of crimes, misdemeanors

Answer 5

Felony

Question 6

Any crime that is not a felony.

Answer 6

Misdemeanor

Question 7

the body of the crime, meaning the prima facie case or elements of the crime. Generally, the term embodies both the obvious evidence of a crime and the logical conclusion based upon that evidence that the elements of a crime have been committed.

Answer 7

The Corpus Delicti

Question 8

The doctrine holds that if a person causes events to come about which obtain his or her desired result, then that person’s actions are still the proximate cause of the result even if an intervening act was independent and unforeseeable. This doctrine therefore states an exception to the otherwise applied rule of proximate cause.

Answer 8

Intended Results Doctrine

Question 9

The Doctrine holds that when more than one cause brings about the result, then both are equally responsible

Answer 9

Doctrine of Contributory Causes

Question 10

The killing of one human being by another human being

Answer 10

Homicide

Question 11

A homicide committed with malice aforethought

Answer 11

Murder

Question 12

murder committed by poison; torture;
lying in wait; or other willful, deliberate and premeditated means; or murder that results from application of the Felony Murder Rule

Answer 12

First Degree Murder:

Question 13

all murders which are not first degree murder, in other words, those homicides committed with malice aforethought,
but which do not meet the requirements for murder in the first degree.

Answer 13

Second Degree Murder

Question 14

The unlawful killing of a human being without malice aforethought

Answer 14

Manslaughter

Question 15

a murder which, because of mitigating circumstances, is treated as less heinous than first or second degree murder.

Answer 15

Voluntary Manslaughter

Question 16

an unintentional homicide committed without malice but under circumstances involving either gross negligence
or the commission of a crime not covered by the Felony Murder Rule

Answer 16

Involuntary Manslaughter:

Question 17

the mens rea required for murder. It exists when the defendant has a “man endangering state of mind” as evidenced by one of the following intentions:
a. an intent to kill as expressed by the defendant;
b. an intent to cause serious bodily harm as implied by the defendant’s actions;
c. a wanton and willful disregard of human life (depraved or malignant heart) as implied by the defendant’s actions; or
d. an intent to commit a dangerous felony as implied by the defendant’s actions.

Answer 17

Malice Aforethought

Question 18

Voluntary and intentional

Answer 18

Willful

Question 19

Careful consideration

Answer 19

Deliberation

Question 20

Thought out or planned beforehand.

Answer 20

Premeditation

Question 21

An actual cause is the cause which starts, ignites or makes possible the result which follows, and which satisfies the “But For” or Substantial Factor Test.

Answer 21

Actual Cause or Cause in Fact

Question 22

In criminal law, an actual cause of harm is deemed this if the act is closely connected enough to the resulting harm that it is fair to hold the defendant responsible for causing the harm. Under the Model Penal Code, this means that the resulting harm is not “too remote or accidental” from the defendant’s act to make it unfair to hold him responsible.

Answer 22

Proximate Cause

Question 23

the intentional threatening of another with battery and the creating of reasonable apprehension of immediate bodily harm in the victim. Additionally, in criminal law, it is an attempted but failed battery regardless of whether the intended victim was aware of the attempt.

Answer 23

Assault

Question 24

The intentional, harmful or offensive, unjustified touching or contact with another person or anything connected to them (purse, chair, cane, etc.). The contact may be direct (e.g. a slap) or due to a force put into motion by the defendant (e.g.
throwing an object that strikes the plaintiff).

Answer 24

Battery

Question 25

The intentional confinement of another person against his will.

Answer 25

False Imprisonment

Question 26

The movement of a person against his will from one place to another.

Answer 26

Kidnapping

Question 27

Sexual intercourse with a woman without her consent

Answer 27

Common Law Rape

Question 28

Sexual intercourse with a willing female under the age of consent

Answer 28

Statutory Rape

Question 29

The term used generically to cover what the common law or state legislatures regard as seriously “deviate” or “unnatural” sexual practices.

Answer 29

Sodomy

Question 30

The malicious maiming or disfiguring of another

Answer 30

Mayhem

Question 31

the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony therein

Answer 31

Common Law Burglary

Question 32

an unlawful entry into a structure or vehicle with the intent to commit a felony or theft, including petty theft, once inside

Answer 32

Statutory Burglary

Question 33

the malicious burning of the dwelling house of another

Answer 33

Common Law Arson

Question 34

the malicious burning of any structure

Answer 34

Statutory Arson

Question 35

the trespassory taking and carrying away of the personal property of another with intent to permanently deprive the owner thereof

Answer 35

Larceny

Question 36

a form of larceny in which the taking of the personal property of another was done with the owner’s consent; however, the consent was obtained by deceit or fraud.

Answer 36

Larceny by Trick or Deceit

Question 37

the obtaining of title to the property of another through a false representation of fact with the intent to defraud

Answer 37

Obtaining Property by False Pretenses

Question 38

the fraudulent taking of the personal property of another by one to whom possession has been entrusted

Answer 38

Embezzlement

Question 39

larceny from the person of another by use of violence, force, intimidation, or threat of immediate harm

Answer 39

Robbery

Question 40

the acquisition of stolen property with knowledge at the time of receipt that it was stolen, when done with intent to deprive the owner of his or her property

Answer 40

Receiving Stolen Property:

Question 41

the false making or material alteration of any writing of legal significance with the intent to defraud

Answer 41

Forgery

Question 42

the use of a forged instrument, knowing that it is forged, with the intent to defraud.

Answer 42

Uttering

Question 43

the unlawful obtaining of property from another through coercion, usually involving a threat to perform an illegal act in the future. In some states, the term “extortion” applies to one acting in an official capacity or under color of office, while “blackmail” applies to any person

Answer 43

Extortion

Question 44

in most states, is the same as extortion. However, in some states, extortion applies to those acting under color of office, while this applies to any person obtaining property through coercion. In other states, this applies to coercion through a threat to reveal information where such revelation would not be criminal in itself, but is only criminal because of the use of the threat to coerce the giving of property.

Answer 44

Blackmail

Question 45

the nondisclosure of the known felony of another. However, modernly it is the concealment of a known felony of another

Answer 45

Misprison of Felony:

Question 46

involves the acceptance of anything of value under an unlawful agreement not to prosecute a known offender, or to limit or to otherwise hinder the prosecution of his case

Answer 46

Compounding the Crime

Question 47

the making of a false oath or affirmation in a judicial proceeding in regard to a material matter

Answer 47

Perjury

Question 48

the procurement of perjury from another

Answer 48

Sobornation of Purjury

Question 49

an attempt by corrupt and wrongful means to influence a juror in regard to the jury's verdict

Answer 49

Embracery

Question 50

corrupt payment or receipt of an advantage or anything of value with an intent to influence a person’s action, vote, or opinion, in any public or official capacity

Answer 50

Bribery

Question 51

a willful act which unreasonably disturbs the public peace

Answer 51

Breach of Peace

Question 52

a mutual fight in a public place

Answer 52

Affray

Question 53

a meeting of three or more people with a common plan to commit an unlawful act or a lawful act in a manner likely to cause a breach of peace

Answer 53

Unlawful Assembly

Question 54

the movement of unlawful assemblers for the purpose of carrying out the common design

Answer 54

Rout

Question 55

a tumultuous breach of peace by three or more persons acting together to commit a crime by open force or to carry out any common enterprise

Answer 55

Riot

Question 56

occurs when one counsels, incites, solicits, or request another to commit an unlawful act

Answer 56

Solicitation

Question 57

occurs when criminal intent becomes accompanied by an act which comes within close proximity of committing a crime.

Answer 57

Attempt

Question 58

results when two or more persons agree together to accomplish a criminal or unlawful act or to do a lawful act by criminal or unlawful means

Answer 58

Conspiracy

Question 59

Someone who aids or contributes in the commission or concealment of a crime

Answer 59

Accessory

Question 60

Under common law, a principal in the first degree is one who personally performs the actus reus of the crime

Answer 60

Principal in the First Degree

Question 61

Under the common law, a principal in the second degree is one who does not personally perform any actus reus of the crime, but who is actually or constructively present and who aids and abets in the commission of the crime.

Answer 61

Principal in the Second Degree

Question 62

presence that is legally imputed to one who, while not physically present during an act, is so situated as to give assistance to the perpetrator

Answer 62

Constructive Presence:

Question 63

one who was not present during the commission of the crime, but who provides aid with knowledge that the crime was committed, for example, by aiding the felon in avoiding arrest, conviction or punishment

Answer 63

Accessory After the Fact

Question 64

a defendant is entitled to the defense of insanity if he suffers from a mental disease of the mind and does not know what he is doing or does not know that what he is doing is wrong. Also, a defendant is entitled to the defense of insanity if he suffers from an insane delusion and if the notion embodied in the delusion and believed to be a fact would excuse the defendant had the notion been true

Answer 64

M’Naughten Rule (Right vs. Wrong Test of Insanity)

Question 65

the product of a mental disorder in which the defendant has a false belief in something that would be incredible to others and that belief remains persistent despite proof to the contrary

Answer 65

Insane Delusion

Question 66

a defendant is entitled to the defense of insanity if, because of a mental disorder, he knows that he is doing wrong but cannot control his behavior.

Answer 66

Irresistible Impulse Test

Question 67

a defendant is entitled to the defense of insanity if at the time of his conduct, as a result of a mental disease or defect, he lacks substantial capacity to appreciate the wrongfulness of his conduct or the capacity to conform his conduct to the requirements of the law

Answer 67

Substantial Capacity Test or Model Penal Code Test

Question 68

also known as the Product Rule, a defendant is entitled to the defense of insanity if, because of a mental disease or defect, he committed an unlawful act

Answer 68

Durham Rule

Question 69

also known as the Wells-Gorshen Rule, evidence of mental infirmity not amounting to insanity is admissible and should be considered on questions of premeditation, deliberation, and malice, although diminished capacity is not a complete defense

Answer 69

Diminished Capacity Test