Crim Law Final - Actus Reus + Mens Rea Comprehensive Review Exam Questions And Answers.
5 views 0 purchase
Course
HMEMS
Institution
HMEMS
What is defined as the "voluntarily willed physical movement" ? - correct answer actus reus
The Actus Reus of an offense includes "A _________ act that causes a _______ _________." - correct answer voluntary, social harm
...
What is defined as the "voluntarily willed physical movement" ? - correct answer
actus reus
The Actus Reus of an offense includes "A _________ act that causes a _______ _________." - correct
answer voluntary, social harm
Are unconscious movements or involuntary acts such as reflexive actions, spasms, convulsions,
movements while unconscious, or movements while asleep considered valid Actus Reus? - correct
answer no
What is defined as "the failure to act" - correct answer omission
Can an omission serve as an Actus Reus substitute of a crime? - correct answer yes
What elements must be concurrent (as shown in formula) for there to be a crime?
_________ + _________ + ___________ = ________ ________ - correct answer
actus reus (or omission) + mens rea + causation = social harm
If a person does NOT have a legal duty to act, can they be convicted of a crime? - correct answer
no
Under the Doctrine of Omission, there are 4 situations in which a person has a legal duty to act (does
not act = crime) - correct answer 1. defendant is under statutory obligation to care
for the victim
2. defendant is in a sufficiently close relationship with the victim (mother/child, husband/wife)
3. defendant contractually agreed to provide care for the victim
4. defendant voluntarily took on the care of the victim, such that the victim was secluded from others
who might have helped him
, For a crime to occur, what 2 things must be concurrent (occur at the same time!) - correct answer
actus reus and mens rea
What is the burden of proof on the state for EVERY element of an offense?
**Due Process Clause - correct answer beyond a reasonable doubt
What side is faced with the burden of persuasion, aka convincing a jury that the defendant is guilty
beyond a reasonable doubt? - correct answer prosecution
Does the defendant ever have a burden of proof? - correct answer no
What is defined as "serving as a link & as the mechanism for determining how much the wrongdoer
owes to society" ? - correct answer causation
Causation is a 2 step process -
1. Determine ______ is the actual cause.
2. Determine whether the actual cause is the ________ cause. - correct answer
who, proximate/legal
IF the defendant is not the actual cause of the crime, can he be held legally responsible? - correct
answer no
Do ALL crimes require results? - correct answer no, but some crimes do
What type of cause is defined as being used to identify the candidates (WHO) for responsibility of the
event based on whether the defendant's conduct is a cause in fact of the result - correct answer
actual cause
What type of cause is defined as the primary cause of the injury, or the action that produced
foreseeable consequences - correct answer proximate cause
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller RealGrades. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R250,91. You're not tied to anything after your purchase.
