Question 1

In which court case did the U.S. Supreme Court hold that, "The act of agent, while exercising the authority delegated to him may be controlled, in the interest of public policy, by imputing his act to his employer and imposing penalties upon the corporation for which he is acting?"

Accepted Answer

A)  Granite Construction Co. v. Superior Court 
B)  New York Central and Hudson River Railroad Co. v. United States 
C)  People v. Decina 
D)  Robinson v. California

Question 2

Which type of intent refers only to the willful commission of an act (or the omission of an act that one has a legal duty to perform)?

Accepted Answer

A)  Specific 
B)  Concurrent 
C)  General 
D)  Subjective

Question 3

The Model Penal Code provides four different levels of intent. Which of the following is not included?

Accepted Answer

A)  intentional 
B)  purposely 
C)  negligently 
D)  recklessly

Question 4

What crime stems from the belief that young people need to be protected from sexual experiences?

Accepted Answer

A)  Murder 
B)  Statutory rape 
C)  Rape 
D)  Sodomy

Question 5

What are the limitations of enterprise liability?

Accepted Answer

The answer of What are the limitations of enterprise liability?...

Question 6

Which of the following does not create criminal culpability for a failure to act?

Accepted Answer

A)  parents to aid their children 
B)  physicians to aid their patients 
C)  any duty imposed by a contract 
D)  injurer to aid person harmed

Question 7

Discuss the theory under which the government could hold a corporation liable in a murder case, for example. How would that kind of case proceed?

Accepted Answer

The answer of Discuss the theory under which the government...

Question 8

In addition to the four elements for all crimes, some require which additional element?

Accepted Answer

A)  mitigating circumstances 
B)  aggravating circumstances 
C)  attendant circumstances 
D)  extenuating circumstances

Question 9

In which court case did the Fifth District Court of Appeals emphasize the economic benefits that corporations might enjoy if they were not responsible for damages and personal injuries (or deaths) caused by their defective products?

Accepted Answer

A)  Granite Construction Co. v. Superior Court 
B)  New York Central and Hudson River Railroad Co. v. United States 
C)  People v. Decina 
D)  Robinson v. California

Question 10

It may be difficult to that an act occurred even when it did.

Accepted Answer

A)  Doubt 
B)  Intend 
C)  Prove 
D)  Interpret

Question 11

Define strict liability. Why do most jurisdictions consider statutory rape a strict liability offense? Do you believe it is just to hold individuals criminally liable for actions in which they did not possess any intent to commit the crime? Explain why you do/do not believe the concept of strict liability in criminal law is just, presenting clear arguments to support your belief and addressing potential arguments from the other side of the debate.

Accepted Answer

The answer of Define strict liability. Why do most jurisdictions...

Question 12

List the elements of a crime.

Accepted Answer

The answer of List the elements of a crime....

Question 13

Explain how possession can be sufficient to meet the "act" requirement to constitute a criminal offense.

Accepted Answer

The answer of Explain how possession can be sufficient to...

Question 14

The act of selling alcoholic beverages to a minor in most jurisdictions is a crime. It is an example of _______________ liability.

Accepted Answer

A)  extemporaneous 
B)  enterprise 
C)  strict 
D)  vicarious

Question 15

Define and give an example of an intervening act.

Accepted Answer

The answer of Define and give an example of an...

Question 16

A defendant may not be held criminally responsible unless it can be proven that his acts caused the injury, death, or property damage to the victim. This is known as the ______________________ element required of all crime in the United States.

Accepted Answer

A)  actus reus 
B)  mens rea 
C)  causation 
D)  result

Question 17

A person with the mens rea for murder fires a gun at the victim, misses the heart (for which the bullet was aimed), and hits the arm. Two weeks later the victim dies of cancer. The correct charge against the actor is:

Accepted Answer

A)  voluntary manslaughter 
B)  murder 
C)  felony murder 
D)  attempted murder

Question 18

A person with the mens rea for murder fires a gun at the victim, misses the heart (for which the bullet was aimed), and hits the arm. Two weeks later the victim dies of cancer. In this case the cancer would be:

Accepted Answer

A)  a substantial factor 
B)  an intervening act 
C)  a contributing factor 
D)  no factor

Question 19

In general, there are four elements to every crime in the United States. Which of the following is not one of those elements?

Accepted Answer

A)  act 
B)  state of mind 
C)  motive 
D)  causation

Question 20

In statutes that have attendant circumstances, what is the importance of the attendant circumstances in the context of proof at trial?

Accepted Answer

The answer of In statutes that have attendant circumstances, what...

Exam 2: Elements of a Crime