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PLA 3014 Exam 5 Study Questions & Answers 2024/2025
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PLA 3014 Exam 5 Study Questions & Answers 2024/2025 What is the difference between a civil case and a criminal case? - ANSWERSA criminal case is brought up by a prosecutor enforcing a criminal statue People vs Christopherson, what is the holding? - ANSWERSSection 6-16(a)(iii) unambiguously ...

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  • August 16, 2024
  • 6
  • 2024/2025
  • Exam (elaborations)
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  • pla 3014 exam 5 study questions answers 2024202

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PLA 3014 Exam 5 Study Questions &
Answers 2024/2025

What is the difference between a civil case and a criminal case? - ANSWERSA criminal case is brought up
by a prosecutor enforcing a criminal statue



People vs Christopherson, what is the holding? - ANSWERSSection 6-16(a)(iii) unambiguously prohibits
the delivery of alcohol to minors by all persons. Therefore, the appellate court correctly reversed the
judgement of the circuit court, which improperly dismissed the charge against the defendant on the
basis that she is under 21, and remanded the cause for further proceeding



Mala in se - ANSWERS"Wrong in and of itself"; crimes that are morally wrong; ex: rape, murder, abuse



Mala prohi - ANSWERS"Prohibited wrongs"; crimes that are not inherently evil (usually regulatory
crimes); ex: not filing taxes or updating license



What is the model penal code? - ANSWERSmost modern statement of American criminal law; more
consistent and coherent statement of criminal law but no official standing; used to examine law and in
judicial rulings



In United States v. Heineman, what is the holding? - ANSWERSIn short, despite arguments to the
contrary, we adhere to the view that Black required the district court in this case to find that Defendant
intended to instill fear before it could convict him... We reverse Defendant's conviction and remand for
the district court to determine whether he intended his email to be threatening



How can a person be found guilty? - ANSWERSThere must be a criminal act, actus reus: conduct that the
law prohibits or absence of conduct that the law requires. Most crimes also require criminal intent or
mens rea



Actus reus - ANSWERSCriminal act; conduct that the law prohibits or absence of conduct that the law
requires

, Mens rea - ANSWERSLiterally "criminal mind"; criminal intent



What is general intent? - ANSWERSthe actor intended a harmful act but not the specific result



What is specific intent? - ANSWERSthe actor intended the precise result of a harmful action



What is strict liability? - ANSWERSeliminates the prosecution's burden of proving mens rea or shifts to
the defendant the burden of proving innocent motive



What statues require specific intent? - ANSWERSStatues with the words "knowingly," "willfully," or
"maliciously"



In United States v Jewell, what is the holding? - ANSWERSThe substantive justification for the rule of
deliberate ignorance and positive knowledge are equally culpable



Murder - ANSWERSThe wrongful killing of another person with malice aforethought (premeditation)



What is the difference between murder and manslaughter? - ANSWERSMurder means killing someone
with premeditation while manslaughter (murder in the second degree) does not require premeditation



In Loving v State, what is the holding? - ANSWERSAccordingly, we conclude that the only reasonable
inference from all of the circumstantial evidence presented by the state is that the shooting were
premeditated



Is there a defense for forcible rape? - ANSWERSIt is a defense to forcible, as opposed to statutory, rape
that the alleged victim consented to the sexual act



Conspiracy - ANSWERSA crime involving 2 or more persons who agree to commit a crime or plan a crime



What are the 2 elements of conspiracy? - ANSWERSAgreement to commit a crime and an overt act in
furtherance of the crime

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