17.CRIMINAL LAW 1L REVISION QUESTIONS WITH ANSWERS
Homicide - correct answer killing of one human being by another
Homicide - correct answer homicide is the killing of one human being by another human being.
Murder - correct answer murder is the homicide with malice aforethought.
First degree murder - correct answer first degree murder is murder by poison; lying in wait;
torture; murder done willfully, deliberately and with premeditation; or murder that results
from a death that occurred during the commission of a dangerous felony—in other words,
through application of the felony murder rule.
Second degree murder - correct answer second degree murder is all other murders committed
with malice aforethought but which do not meet the requirements for murder in the first
degree.
Manslaughter - correct answer manslaughter is an unlawful homicide committed without
malice aforethought.
Voluntary manslaughter - correct answer voluntary manslaughter is the intentional homicide
without actual malice or with malice but under mitigating circumstances.
Involuntary manslaughter - correct answer involuntary manslaughter is unintentional homicide
without malice but under circumstances involving gross negligence.
Malice aforethought - correct answer malice aforethought exists when the defendant has a
"man endangering state of mind" as evidenced by one of the following intentions: 1. An intent
to kill as expressed by the defendant; 2. An intent to cause someone serious bodily harm as
implied by the actions of the defendant; 3. A wanton and willful disregard of human life as
implied by the actions of the defendant; 4. An intent to resist a lawful arrest in a dangerous
manner as implied by the actions of the defendant.; 5. An intent to commit a dangerous felony
as implied by the actions of the defendant.
, Willful - correct answer done with intent
Deliberation - correct answer to carefully consider
Premeditation - correct answer premeditation means to think out or plan beforehand.
Actual cause or cause in fact - correct answer actual cause or cause in fact is that cause which
starts, ignites or makes possible the act which follows and is determined by the "but for" or
"substantial factor" test.
Proximate cause - correct answer proximate cause is an act which in a natural and continuous
sequence of events, unbroken by unforeseeable, independent, intervening acts, causes injury
to the plaintiff, without which the injury would not have occurred.
The intended results doctrine - correct answer the intended results doctrine holds that if a
person causes events to come about which obtain his or her desired result, then that person's
actions are still the proximate cause of the result even if an intervening act was independent
and unforeseeable. This doctrine therefore states an exception to the otherwise applied rule of
proximate cause, as defined above.
The doctrine of contributory causes - correct answer the doctrine of contributory causes holds
that when more than one cause brings about the result, then both are equally responsible.
The corpus delicti - correct answer the corpus delicti is the body of the crime, meaning the
prima facie case or elements of the crime.
Mens rea - correct answer a guilty mind or guilty intentions.
Actus reus - correct answer the overt act.
Homicide - correct answer killing of one human being by another
Homicide - correct answer homicide is the killing of one human being by another human being.
Murder - correct answer murder is the homicide with malice aforethought.
First degree murder - correct answer first degree murder is murder by poison; lying in wait;
torture; murder done willfully, deliberately and with premeditation; or murder that results
from a death that occurred during the commission of a dangerous felony—in other words,
through application of the felony murder rule.
Second degree murder - correct answer second degree murder is all other murders committed
with malice aforethought but which do not meet the requirements for murder in the first
degree.
Manslaughter - correct answer manslaughter is an unlawful homicide committed without
malice aforethought.
Voluntary manslaughter - correct answer voluntary manslaughter is the intentional homicide
without actual malice or with malice but under mitigating circumstances.
Involuntary manslaughter - correct answer involuntary manslaughter is unintentional homicide
without malice but under circumstances involving gross negligence.
Malice aforethought - correct answer malice aforethought exists when the defendant has a
"man endangering state of mind" as evidenced by one of the following intentions: 1. An intent
to kill as expressed by the defendant; 2. An intent to cause someone serious bodily harm as
implied by the actions of the defendant; 3. A wanton and willful disregard of human life as
implied by the actions of the defendant; 4. An intent to resist a lawful arrest in a dangerous
manner as implied by the actions of the defendant.; 5. An intent to commit a dangerous felony
as implied by the actions of the defendant.
, Willful - correct answer done with intent
Deliberation - correct answer to carefully consider
Premeditation - correct answer premeditation means to think out or plan beforehand.
Actual cause or cause in fact - correct answer actual cause or cause in fact is that cause which
starts, ignites or makes possible the act which follows and is determined by the "but for" or
"substantial factor" test.
Proximate cause - correct answer proximate cause is an act which in a natural and continuous
sequence of events, unbroken by unforeseeable, independent, intervening acts, causes injury
to the plaintiff, without which the injury would not have occurred.
The intended results doctrine - correct answer the intended results doctrine holds that if a
person causes events to come about which obtain his or her desired result, then that person's
actions are still the proximate cause of the result even if an intervening act was independent
and unforeseeable. This doctrine therefore states an exception to the otherwise applied rule of
proximate cause, as defined above.
The doctrine of contributory causes - correct answer the doctrine of contributory causes holds
that when more than one cause brings about the result, then both are equally responsible.
The corpus delicti - correct answer the corpus delicti is the body of the crime, meaning the
prima facie case or elements of the crime.
Mens rea - correct answer a guilty mind or guilty intentions.
Actus reus - correct answer the overt act.
