Busa 2106 Exam 3 Perry Binder Gsu With
Solutions 100% Complete
Felony 1+ year (1-20)
[D.A. Superior Court]
major crime punishable by more than 1 year in prison; you face a minimum of 1 year -
prosecuted by the DA office
Misdemeanor - maximum is up to 1 year in prison and *$1,000* in fines
District attorney Superior court, prosecutes felony
Negligence per se -convicted of a crime which has a rational relationship to a civil action,
then the conviction will act as conclusive proof of liability (only prove damages)
-if a criminal conviction, following too closely, has a rational relationship to a future civil action
then that conviction will act as a conclusive proof of liability in the civil action
Solicitor's office *STATE COURT*, prosecutes misdemeanor
Crimes *Crime of Assault or Civil Assault*
, Busa 2106 Exam 3 Perry Binder Gsu With
Solutions 100% Complete
1. Torts- civil
-negligence per se
2 homicide
3 self defense
4 DUI
Torts (civil) 1) Elements of Negligence
2) Intentional Torts
3) Strict Liability
Homicide *Unlawful taking of a life*
1-Involuntary manslaughter
2-Voluntary manslaughter
3-Felony murder
4-Malice Murrrrrrrrrrrrrrrrrrrrrder
- Express Malice
- Implied Malice
, Busa 2106 Exam 3 Perry Binder Gsu With
Solutions 100% Complete
Involuntary manslaughter 1-10 years Committed a crime which was not a felony and
somebody died (ex. vehicular homicide)
Voluntary manslaughter Felony -took someone's life without premeditation. You didn't
have enough time to think about it; you didn't plan it.
Ex. Crime of Passion (1-20 years) Road rage, gun fight, boyfriend/jealousy
Felony murder You participated in a dangerous felony like armed robbery, someone died
and you didn't do the killing. During commission of dangerous felony, someone died and you
didnt cause it - *going away for life*
Express Malice pre-meditated murder; planned the homicide - usually gets the death
penalty
Implied Malice No premeditation, but you caused someone's death and you had an
"abandoned, depraved heart" *(50 years)* complete disregard of human life, reckless
, Busa 2106 Exam 3 Perry Binder Gsu With
Solutions 100% Complete
Self-defense -outside the house in GA, if you or a 3rd party face iminent deadly force or
substantial bodily harm then you can meet that with deadly force. With no so call duty to retreat
the not advisable
-A *justification defense*, defendants may justify their actions by saying they acted to defend
themselves.To establish the necessary elements to constitute self-defense, the defendant must
have *acted under a reasonable belief that he was in danger of death or great harm and has no
means of escape from the assailant*.
Defense of home deadly force is justified against an intruder who is reasonably believed
to intend to commit a felony (there is no duty to retreat)
DUI Driving under the influence of alcohol or any mind altering substance. sleeping in the
car while intoxicated, sitting in the driver's seat too intoxicated w- slumped over keys in his hand
4th amendment No unreasonable searches or seizures
Warrant *Police need probable cause, based on objective, articulated facts*
-A legal paper, issued by a court, giving police permission to make an arrest, seizure, or search.
Solutions 100% Complete
Felony 1+ year (1-20)
[D.A. Superior Court]
major crime punishable by more than 1 year in prison; you face a minimum of 1 year -
prosecuted by the DA office
Misdemeanor - maximum is up to 1 year in prison and *$1,000* in fines
District attorney Superior court, prosecutes felony
Negligence per se -convicted of a crime which has a rational relationship to a civil action,
then the conviction will act as conclusive proof of liability (only prove damages)
-if a criminal conviction, following too closely, has a rational relationship to a future civil action
then that conviction will act as a conclusive proof of liability in the civil action
Solicitor's office *STATE COURT*, prosecutes misdemeanor
Crimes *Crime of Assault or Civil Assault*
, Busa 2106 Exam 3 Perry Binder Gsu With
Solutions 100% Complete
1. Torts- civil
-negligence per se
2 homicide
3 self defense
4 DUI
Torts (civil) 1) Elements of Negligence
2) Intentional Torts
3) Strict Liability
Homicide *Unlawful taking of a life*
1-Involuntary manslaughter
2-Voluntary manslaughter
3-Felony murder
4-Malice Murrrrrrrrrrrrrrrrrrrrrder
- Express Malice
- Implied Malice
, Busa 2106 Exam 3 Perry Binder Gsu With
Solutions 100% Complete
Involuntary manslaughter 1-10 years Committed a crime which was not a felony and
somebody died (ex. vehicular homicide)
Voluntary manslaughter Felony -took someone's life without premeditation. You didn't
have enough time to think about it; you didn't plan it.
Ex. Crime of Passion (1-20 years) Road rage, gun fight, boyfriend/jealousy
Felony murder You participated in a dangerous felony like armed robbery, someone died
and you didn't do the killing. During commission of dangerous felony, someone died and you
didnt cause it - *going away for life*
Express Malice pre-meditated murder; planned the homicide - usually gets the death
penalty
Implied Malice No premeditation, but you caused someone's death and you had an
"abandoned, depraved heart" *(50 years)* complete disregard of human life, reckless
, Busa 2106 Exam 3 Perry Binder Gsu With
Solutions 100% Complete
Self-defense -outside the house in GA, if you or a 3rd party face iminent deadly force or
substantial bodily harm then you can meet that with deadly force. With no so call duty to retreat
the not advisable
-A *justification defense*, defendants may justify their actions by saying they acted to defend
themselves.To establish the necessary elements to constitute self-defense, the defendant must
have *acted under a reasonable belief that he was in danger of death or great harm and has no
means of escape from the assailant*.
Defense of home deadly force is justified against an intruder who is reasonably believed
to intend to commit a felony (there is no duty to retreat)
DUI Driving under the influence of alcohol or any mind altering substance. sleeping in the
car while intoxicated, sitting in the driver's seat too intoxicated w- slumped over keys in his hand
4th amendment No unreasonable searches or seizures
Warrant *Police need probable cause, based on objective, articulated facts*
-A legal paper, issued by a court, giving police permission to make an arrest, seizure, or search.
