TABC FINAL COMPLETE TEST PAPER WITH
CORRECT ANSWERS
◉ Intentionally (On Purpose).
Answer: A person acts intentionally when their objective is to cause
a particular result or to engage in such conduct.
◉ Knowingly (You are Aware).
Answer: A person acts knowingly when aware of facts and
circumstances, engages in unlawful conduct that causes the result.
◉ Recklessly (Does Not Care).
Answer: A person acts recklessly when he is aware of and
consciously disregards a substantial and unjustifiable risk.
◉ Criminal Negligence (Stupid).
Answer: A person acts with criminal negligence when they fail to
perceive a substantial and unjustifiable risk.
◉ Defense.
Answer: Any evidence offered by the accused to defeat a criminal
charge.
,◉ Affirmative Defense.
Answer: involves a defendant acknowledging they committed the
crime for which they are accused, but offering a justifiable reason
why they committed the offense with the intention of defeating or
lessening the severity of the legal consequences of their actions.
(THINK "I DID IT, BUT ...")
◉ Beyond a Reasonable Doubt.
Answer: is the level of proof required to convict someone of a crime.
This does not mean beyond all doubt.
◉ Preponderance of the Evidence.
Answer: is the level of proof required to prevail in most civil cases. A
preponderance of the evidence means "tipping the scales", and that
the defendant's case has a little more weight than the prosecutors.
◉ Infancy.
Answer: the defense of infancy precludes a person under the age of
18 from being criminally responsible
for their conduct.
◉ Entrapment.
,Answer: is an affirmative defense in which defendants argue that
they were wrongly persuaded to commit their crimes by a public
servant, usually law enforcement officers.
◉ Mental Disease/Defect.
Answer: a person who is insane, however, is not responsible for their
acts. Insanity is therefore a defense to any criminal charge. Lack of
criminal responsibility by reason of insanity is an affirmative
defense that is difficult for defendants to prove.
◉ Statute of Limitations.
Answer: the statute of limitations is part of the Criminal Procedure
Law rather than the Penal Law. A statute of limitations is when the
government surrenders its right to prosecute an offender after a
specified period of time. Time limits vary according to the severity of
the conduct.
◉ Elements of an Offense.
Answer: An offense is unlawful conduct, which may range from
illegal parking to murder. Acronym: WARM C.
◉ What Does WARM C Stands for?.
Answer: Written Law
An Act
, Result
Mental Element
Causal Relationship
◉ Motive.
Answer: The reason prompting a person to commit a criminal act
(e.g., jealousy, greed).
◉ Intent.
Answer: A person's determination or purpose to commit a particular
criminal act.
◉ Strict Liability.
Answer: there is a general requirement that the prosecutor must
prove that an offender had a guilty mind: that he acted within one of
the four culpable mental states. A guilty mind is not a necessary
element for proving those crimes that are called strict liability
◉ Criminal Liability for Conduct of Another (Accessional Conduct).
Answer: accessorial conduct occurs when a
person, acting with the mental culpability required for commission
of the offense, asks, directs, urges, or intentionally aids another
person to engage in such conduct. (THINK: CONTRACT KILLING)
CORRECT ANSWERS
◉ Intentionally (On Purpose).
Answer: A person acts intentionally when their objective is to cause
a particular result or to engage in such conduct.
◉ Knowingly (You are Aware).
Answer: A person acts knowingly when aware of facts and
circumstances, engages in unlawful conduct that causes the result.
◉ Recklessly (Does Not Care).
Answer: A person acts recklessly when he is aware of and
consciously disregards a substantial and unjustifiable risk.
◉ Criminal Negligence (Stupid).
Answer: A person acts with criminal negligence when they fail to
perceive a substantial and unjustifiable risk.
◉ Defense.
Answer: Any evidence offered by the accused to defeat a criminal
charge.
,◉ Affirmative Defense.
Answer: involves a defendant acknowledging they committed the
crime for which they are accused, but offering a justifiable reason
why they committed the offense with the intention of defeating or
lessening the severity of the legal consequences of their actions.
(THINK "I DID IT, BUT ...")
◉ Beyond a Reasonable Doubt.
Answer: is the level of proof required to convict someone of a crime.
This does not mean beyond all doubt.
◉ Preponderance of the Evidence.
Answer: is the level of proof required to prevail in most civil cases. A
preponderance of the evidence means "tipping the scales", and that
the defendant's case has a little more weight than the prosecutors.
◉ Infancy.
Answer: the defense of infancy precludes a person under the age of
18 from being criminally responsible
for their conduct.
◉ Entrapment.
,Answer: is an affirmative defense in which defendants argue that
they were wrongly persuaded to commit their crimes by a public
servant, usually law enforcement officers.
◉ Mental Disease/Defect.
Answer: a person who is insane, however, is not responsible for their
acts. Insanity is therefore a defense to any criminal charge. Lack of
criminal responsibility by reason of insanity is an affirmative
defense that is difficult for defendants to prove.
◉ Statute of Limitations.
Answer: the statute of limitations is part of the Criminal Procedure
Law rather than the Penal Law. A statute of limitations is when the
government surrenders its right to prosecute an offender after a
specified period of time. Time limits vary according to the severity of
the conduct.
◉ Elements of an Offense.
Answer: An offense is unlawful conduct, which may range from
illegal parking to murder. Acronym: WARM C.
◉ What Does WARM C Stands for?.
Answer: Written Law
An Act
, Result
Mental Element
Causal Relationship
◉ Motive.
Answer: The reason prompting a person to commit a criminal act
(e.g., jealousy, greed).
◉ Intent.
Answer: A person's determination or purpose to commit a particular
criminal act.
◉ Strict Liability.
Answer: there is a general requirement that the prosecutor must
prove that an offender had a guilty mind: that he acted within one of
the four culpable mental states. A guilty mind is not a necessary
element for proving those crimes that are called strict liability
◉ Criminal Liability for Conduct of Another (Accessional Conduct).
Answer: accessorial conduct occurs when a
person, acting with the mental culpability required for commission
of the offense, asks, directs, urges, or intentionally aids another
person to engage in such conduct. (THINK: CONTRACT KILLING)
