Deck 3: Requirements of an Act

Question 1

The term actus reus means:

A) with an evil heart.
B) with an evil mind.
C) guilty act.
D) both an evil heart and evil mind.

Answer 1

guilty act.

Question 2

The justifications for requiring actus reus are:

A) to prevent punishing a person for his or her thoughts.
B) criminal laws should not be so broad as to punish people who entertain criminal thoughts only in their minds.
C) some crimes require planning and the law punishes this type of mental preparation.
D) Both A and B.

Answer 2

Both A and B.

Question 3

The four mental states that qualify as mens rea are:

A) general intent, intent to murder, transferred intent, and constructive intent.
B) specific intent, transferred intent, intent to murder, and general intent.
C) mens rea intent, specific intent, transferred intent, and general intent.
D) general intent, specific intent, transferred intent, and constructive intent.

Answer 3

general intent, specific intent, transferred intent, and constructive intent.

Question 4

The term specific intent is often used by the courts to denote crimes that:

A) require proof of a general intent to commit a specific crime.
B) require proof of particular mental state of intentguilty or knowledge.
C) require both intent and act combined to commit the crime.
D) may be proved by the use of the doctrine of transferred intent.

Question 5

Scienter is the legal term meaning the degree of knowledge that:

A) makes a person criminally liable for his or her physical acts.
B) is a requirement in all specific intent crimes.
C) makes a person civilly liable for his specific intent crimes.
D) makes a person civilly liable for his or her physical acts.

Question 6

Constructive intent refers to:

A) those situations where the defendant committed a series of crimes one after the other and previous crimes can be used to construct his intent for the latter crimes.
B) those situations where the actor does not have any intent to harm, but should have known that his or her behavior created a high risk of harm to others.
C) those situations where the court will construct the defendant's intent based upon his or her observed criminal acts.
D) those situations which involve crimes in the building industry such as theft of lumber from a construction site.

Question 7

Criminal negligence:

A) may constitute a gross deviation from the standard of care required of an individual.
B) is gross negligence.
C) is culpable negligence.
D) All of the above

Question 8

Strict liability crimes:

A) are often based on the fact that proof that the act was committed is not sufficient to convict the defendant.
B) are often based upon the fact that political crimes should be punished more severely than other crimes.
C) are often based on the fact that proof that the act was committed is sufficient to convict the defendant.
D) are often based upon policy considerations that criminals should be punished for their acts.

Question 9

Which of the following does actus reus not cover?

A) Voluntary act.
B) Causation of harm.
C) Intent to harm.
D) Social harm.

Question 10

In order for an act of omission to constitute an actus reus:

A) there must first be a legal duty to act.
B) there must first be a moral duty to act.
C) there must first be the specific intent to commit an act.
D) there must first be the general intent to commit an act.

Question 11

The legal duty to act arises most often under:

A) common law.
B) case law.
C) statutory law.
D) moral and ethical duties.

Question 12

Which of the following is not an element of a crime?

A) Motive.
B) Act.
C) Intent.
D) Causation.

Question 13

Which of the following is not a requirement for a transferred intent crime?

A) General intent to commit a crime.
B) Causation.
C) Malice towards the victim.
D) Harm.

Question 14

Without joinder of the actus reus and the mens rea, there is:

A) no crime.
B) criminal attempt.
C) transferred intent.
D) proximate cause.

Question 15

A mandatory presumption:

A) allows the fact-finder to accept the existence of a fact.
B) allows the fact-finder to reject the existence of a fact.
C) requires the fact-finder to reject the existence of a fact.
D) requires the fact-finder to accept the existence of a fact.

Question 16

When state of mind is at issue, what will the court prevent from being used as evidence?

A) Circumstantial evidence.
B) Evidence of post-crime conduct.
C) Expert medical testimony.
D) None of the above.

Question 17

Proximate cause is not:

A) a factual cause of which the law will take cognizance.
B) reasonably foreseeable by the defendant.
C) a severing of the casual link between the defendant's actions and the victim's injury.
D) the direct and natural result of the defendant's actions.

Question 18

Vertical growth of criminal codes includes:

A) misdemeanors which may become felonies after a second or third violation.
B) increasing a penalty based on affiliation with violent groups.
C) the growing litigiousness of the United States.
D) Both A and C

Question 19

To establish general intent, the prosecution must show that the defendant:

A) is untrustworthy.
B) committed the required act.
C) knew the act they committed was wrong.
D) Both B and C.

Question 20

What is the key factor which must connect the actus reus and the mens rea?

A) Time.
B) Intent.
C) The jury.
D) Causation.

Question 21

General intent requires that the defendant act with a malevolent purpose.

Question 22

Specific intent refers to the doing of the act with the intent to cause a particular result.

Question 23

Both general intent and specific intent require the same type of mens rea.

Question 24

Criminal negligence had no single meaning at common law.

Question 25

Transferred intent refers to the situation where one intends to harm one person and instead harms another party.

Question 26

The most universally accepted meaning of the term actus reus is "guilty thought."

Question 27

Normally, involuntary movement is not sufficient to cause criminal liability

Question 28

A moral duty may establish a legal duty sufficient to establish criminal liability.

Question 29

A legal duty to act arises in most cases from the common law.

Question 30

Mens rea is associated with the intent to commit the criminal act.

Question 31

General intent is different from specific intent in that general intent crimes refer to those situations where the actor does not intend any wrong.

Question 32

Under the Model Penal Code, constructive intent is also known as "recklessness."

Question 33

Criminal negligence is the ordinary deviation from the standard of care required for an individual.

Question 34

Strict liability crimes require a mens rea of general intent.

Question 35

The actus reus and the mens rea must combine to cause the harm.

Question 36

Factual and proximate cause are the elements of causation.

Question 37

Proximate cause means "but for" the defendant's conduct, would the result have occurred?

Question 38

Criminal liability is the combination of "and evil-meaning mind" and "an evil-doing hand."

Question 39

Since the 1970s, fewer lives are being impacted by the criminal justice system and the collateral consequences of conviction.

Question 40

Criminal intent is an element of the actus reus.

Question 41

Over-criminalization may act to undermine deterrence, a primary purpose of the criminal justice system.

Question 42

The Latin term ___ reus was not actively used by scholars prior to the twentieth century.

Question 43

Involuntary ____ normally is not sufficient to cause criminal liability.

Question 44

The two requisites of each crime are actus reus and ___ rea.

Question 45

A legal duty is an obligation imposed by the ___.

Question 46

The term actus reus literally means "___ act."

Question 47

If a person has sufficient mens rea to commit a crime, but commits a lesser one, he or she will be held accountable only for the ___ crime committed.

Question 48

___ is the desire that compels or drives a person to intend to do something.

Question 49

___ intent refers to doing the actus reus with the intent to cause a particular result.

Question 50

A requirement that an offense be committed ___ is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears.

Question 51

Criminal negligence constitutes a gross deviation from the standard of ___ required of an individual.

Question 52

__ liability crimes often involve one of the following types of conduct: selling impure or adulterated food, selling prohibited beverages to minors, selling articles that are misbranded, and driving without a license.

Question 53

The actus reus and the mens rea must be joined in ___ before a crime is committed.

Question 54

Causation is an implicit element of a crime's actus ___.

Question 55

The two types of presumptions are permissible and ___ presumptions.

Question 56

Declaring that a misdemeanor crime, such as domestic assault or driving while impaired, becomes a felony upon a second or third violation is an example of the ___ growth of criminal codes.

Question 57

Proximate cause is also defined as the ___ causation of the harm.

Question 58

The justifications for strict and vicarious liability crimes are the need to encourage extremely high standards of care required for the protection of society and the difficulty of proving ___ in those cases.

Question 59

All crimes except absolute liability crimes require at least a ___ intent.

Question 60

___ intent refers to the situation in which one intends to harm one person and instead harms another.

Question 61

___ intent refers to those situations in which the actor does not intend any harm but should have known that his or her behavior created a high risk of harm.

Question 62

Match words with associated meaning, concepts, issues or principles

-Doing an act with the intent to cause the harm

A) transferred intent
B) criminal reckless
C) vicarious liability crime
D) specific intent
E) proximate cause
F) general intent
G) actual cause
H) scienter
I) . guilty mind
J) legal duty

Question 63

Match words with associated meaning, concepts, issues or principles

-All crimes except absolute liability crimes require at least a

A) transferred intent
B) criminal reckless
C) vicarious liability crime
D) specific intent
E) proximate cause
F) general intent
G) actual cause
H) scienter
I) . guilty mind
J) legal duty

Question 64

Match words with associated meaning, concepts, issues or principles

-Intending to harm one person and causes harm to another person.

A) transferred intent
B) criminal reckless
C) vicarious liability crime
D) specific intent
E) proximate cause
F) general intent
G) actual cause
H) scienter
I) . guilty mind
J) legal duty

Question 65

Match words with associated meaning, concepts, issues or principles

-An obligation imposed by law.

A) transferred intent
B) criminal reckless
C) vicarious liability crime
D) specific intent
E) proximate cause
F) general intent
G) actual cause
H) scienter
I) . guilty mind
J) legal duty

Question 66

Match words with associated meaning, concepts, issues or principles

-Actus reus

A) transferred intent
B) criminal reckless
C) vicarious liability crime
D) specific intent
E) proximate cause
F) general intent
G) actual cause
H) scienter
I) . guilty mind
J) legal duty

Question 67

Match words with associated meaning, concepts, issues or principles

-Generally involves a person pursuing a course of action while consciously disregarding the fact that the action gives rise to a substantial and unjustifiable risk.

A) transferred intent
B) criminal reckless
C) vicarious liability crime
D) specific intent
E) proximate cause
F) general intent
G) actual cause
H) scienter
I) . guilty mind
J) legal duty

Question 68

Match words with associated meaning, concepts, issues or principles

-Serving adulterated food

A) transferred intent
B) criminal reckless
C) vicarious liability crime
D) specific intent
E) proximate cause
F) general intent
G) actual cause
H) scienter
I) . guilty mind
J) legal duty

Question 69

Match words with associated meaning, concepts, issues or principles

-The harm would not have occurred when it did in the absence of that factor.

A) transferred intent
B) criminal reckless
C) vicarious liability crime
D) specific intent
E) proximate cause
F) general intent
G) actual cause
H) scienter
I) . guilty mind
J) legal duty

Question 70

Match words with associated meaning, concepts, issues or principles

-A legal term meaning the degree of knowledge that makes a person criminally liable for his or her physical acts.

A) transferred intent
B) criminal reckless
C) vicarious liability crime
D) specific intent
E) proximate cause
F) general intent
G) actual cause
H) scienter
I) . guilty mind
J) legal duty

Question 71

Match words with associated meaning, concepts, issues or principles

-Victim's injury must be a "direct and natural result" of the defendant's actions.

A) transferred intent
B) criminal reckless
C) vicarious liability crime
D) specific intent
E) proximate cause
F) general intent
G) actual cause
H) scienter
I) . guilty mind
J) legal duty

Question 72

List the two requisites of each crime.

Question 73

Define actus reus.

Question 74

What are the four mental states that qualify as mens rea.

Question 75

Discuss the need for joinder of the actus reus and the mens rea.

Question 76

Explain how a legal duty to act may exist.

Question 77

Explain the rationale for strict liability crimes.

Question 78

How does motive differ from intend?

Question 79

Explain the intent required for absolute liability crimes.

Question 80

Define specific intent.