criminal law test #1

# Study Guide for Honors Criminal Law – HJL - Criminal

### Test Review: Chapters 1 and 3

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### Key Information

- Responsible for reading both Chapters 1 and 3

- Assignment: What do you know about law?

- SlideShows: The Study of Law, Actus Reus & Mens Rea

### Key Terms to Know

- Criminal Law: The body of law that defines crimes, sets penalties, and regulates the prosecution of offenders.

- Civil Law: A branch of law dealing with disputes between individuals or organizations, typically involving compensation.

- Model Penal Code (MPC): A standardized set of criminal laws used as a guide for the legal code of various jurisdictions.

- Common Law: A legal system based on custom and court rulings, primarily developed through judicial decisions.

- Actus Reus: The physical act of committing a crime.

- Mens Rea: The mental state or intent of the person committing the crime.

- Probable Cause: The reasonable grounds for making an arrest, searching premises, or pressing a charge.

- Misdemeanor: A lesser crime, typically punishable by less than a year in jail.

- Felony: A serious crime, usually punishable by death or imprisonment of over a year.

- Specific Intent vs. General Intent:

- Specific Intent: The intention to achieve a particular result.

- General Intent: The intention to commit the act itself, not necessarily to cause a certain result.

- Purposefully: Acting with intent to cause a specific result.

- Knowingly: Being aware that a certain result is practically certain to occur from one’s conduct.

- Recklessly: Taking an unjustifiable risk that results in harm.

- Negligently: Failing to be aware of a substantial and unjustifiable risk; the failure constitutes a deviation from the standard of care.

- Transferred Intent: When the intent to harm one individual inadvertently causes harm to another.

- Strict Liability: Liability that does not depend on actual negligence or intent to harm.

- Joinder/Concurrence: The requirement that the actus reus and mens rea occur simultaneously for a crime to be committed.

- Causation: The relationship between the actus reus and the harm caused; establishing that one caused the other.

- Motive vs. Intent:

- Motive: The reason why a person commits a crime.

- Intent: The intention to commit the act itself.

- Criminal Burden of Proof: The obligation to prove a case beyond a reasonable doubt (B.A.R.D).

- Civil Burden: The obligation to prove a case by the preponderance of the evidence (POTE).

### Review Questions

1. What is the difference between criminal and civil law?

- Criminal law involves prosecution by the government for actions classified as offenses against society, whereas civil law deals with disputes between private parties.

2. What is the burden of proof in a criminal trial?

- The burden of proof in a criminal trial is "beyond a reasonable doubt" (B.A.R.D), meaning the evidence must leave the jury with a firm conviction of the defendant’s guilt.

3. Who are the two sides in a criminal trial?

- The two sides are the prosecution (government) and the defense (the accused).

4. What is the difference between Common Law and The Model Penal Code?

- Common Law is based on judicial decisions and precedents, while the Model Penal Code is a standardized set of guidelines created to unify and modernize criminal laws.

5. Why was the MPC created?

- The MPC was created to provide a comprehensive and clear framework for the classification of crimes and penalties, addressing inconsistencies in existing laws.

6. Define and differentiate between Actus Reus and Mens Rea.

- Actus Reus refers to the physical act of committing a crime, while Mens Rea refers to the mental state or intent behind committing the act.

7. How does Common Law and MPC differ with regards to Mens Rea?

- Common Law identifies four types of mens rea (intent, knowledge, recklessness, negligence), while the MPC has a more simplified approach with only four states of mind, focusing on purpose, knowledge, recklessness, and negligence.

8. Petty Offenses vs. Misdemeanors vs. Felonies.

- Petty offenses are minor violations (like traffic tickets), misdemeanors are less serious crimes (punishable by less than a year in jail), and felonies are serious crimes (punishable by more than a year or death).

9. What are the requirements of criminal culpability?

- There must be a union of actus reus and mens rea, and the act must be voluntary.

10. Why must an act be voluntary?

- An act must be voluntary to establish liability; involuntary actions (like reflexes or actions taken while unconscious) typically do not lead to criminal culpability.

11. Explain the difference between motive and intent.

- Motive is the reason one commits a crime; intent is the purpose of committing the act itself.

12. Know the differences between purposefully, knowingly, recklessly, and negligently.

- Purposefully: Intending a specific result.

- Knowingly: Being aware that a result is practically certain.

- Recklessly: Consciously disregarding a substantial risk.

- Negligently: Failing to be aware of a substantial risk.

13. Explain what “concurrence [joinder] of events” means.

- Concurrence means that the actus reus and mens rea must occur together; the guilty mind and guilty act must coincide.

14. How does causation play a role in deciding AR/MR?

- Causation establishes the link between the act (actus reus) and the harm or consequence. It is essential to show that the defendant’s actions directly caused the result we’re examining in the context of mens rea.

### Make-up of Quiz

- Multiple Choice: Key terms and definitions, differences between legal concepts.

- Open Ended Short Answer: Application of terms to specific scenarios, definitions, or explanations.

- Fact Pattern Analysis Short Essay: Analyze a provided case scenario, identifying actus reus, mens rea, and determining the culpability based on the principles studied.

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### Tips for Preparing for the Quiz:

- Review your class notes and definitions of key terms.

- Work through the review questions, ensuring you can explain concepts in your own words.

- Consider discussing scenarios with classmates to deepen understanding of how concepts apply in real situations.

- Practice any past quizzes or sample questions that your teacher might have provided.

Good luck on your test!