BUSA 2106 Exam 3 Perry Binder: Questions & Correct
Solutions
Mens rea Right Ans - intent - premeditation
the intention or knowledge of wrongdoing that constitutes part of a crime, as
opposed to the action or conduct of the accused
Malice aforethought Right Ans - the actual criminal premeditation
the intention to kill or harm, which is held to distinguish unlawful killing from
murder.
Strict liability crime Right Ans - no intent i.e statutory rape
Felony Right Ans - District attorney and 1+ years
Misdemeanor Right Ans - Solicitors office and maximum up to 12 months
in prison and $1000 in fines
Torts Right Ans - civil action crime or wrongdoing
Negligence per se (tort) Right Ans - when convicted of crime that has a
rational relationship to a future civil action, the conviction will act as
conclusive proof of liability
Homicide types Right Ans - Involuntary manslaughter
voluntary manslaughter
felony murder
malice murder (express and implied)
Involuntary manslaughter Right Ans - cause persons death without
committing a felony (i.e. DUI, or running a red light)
10 years
Voluntary manslaughter Right Ans - crime of passion ( i.e ballroom brawl)
20 years
Felony Murder Right Ans - during the commission of a dangerous felony,
someone dies (i.e. armed robbery/ shooting clerk)
, life sentence
Malice murder Right Ans - Express and implied
Malice murder is a criminal offence in the US state of Georgia, committed
when a homicide is done with express or implied malice
Express Malice Right Ans - premeditated taking of a life
Implied Malice Right Ans - cause person's death with a depraved
abandoned heart (i.e. hitting a person with a car and leaving them to bleed out
and die instead of taking them to the hospital)
Self Defense Right Ans - when you or 3rd person face imminent death or
substantial bodily harm, you can use deadly force
Defense of home ( or property) Right Ans - a justification defense by the
defendant that s/he should not be held liable because the action was taken in
defense of the defendant's premises or personal property. This defense is
available, if one harms or threatens another when defending one's property
DUI Right Ans - driving under the influence
4th Amendment Right Ans - It protects people from unlawful searches and
seizures. This means that the police can't search you or your house without a
warrant or probable cause.
Terry V. Ohio Right Ans - laundromat -> reasonable suspicion -> stop and
frisk
case relating to the 4th amendment
Stop and frisk Right Ans - quick pat down for weapon
Reasonable suspicion Right Ans - good hunch, less than probable cause.
if the police have reasonable suspicion of a crime they can stop you and do a
quick pat down
Warrant to search home Right Ans - police need probable cause, based on
objective articulated facts
in exigent (emergency) circumstances -> no warrant needed
Solutions
Mens rea Right Ans - intent - premeditation
the intention or knowledge of wrongdoing that constitutes part of a crime, as
opposed to the action or conduct of the accused
Malice aforethought Right Ans - the actual criminal premeditation
the intention to kill or harm, which is held to distinguish unlawful killing from
murder.
Strict liability crime Right Ans - no intent i.e statutory rape
Felony Right Ans - District attorney and 1+ years
Misdemeanor Right Ans - Solicitors office and maximum up to 12 months
in prison and $1000 in fines
Torts Right Ans - civil action crime or wrongdoing
Negligence per se (tort) Right Ans - when convicted of crime that has a
rational relationship to a future civil action, the conviction will act as
conclusive proof of liability
Homicide types Right Ans - Involuntary manslaughter
voluntary manslaughter
felony murder
malice murder (express and implied)
Involuntary manslaughter Right Ans - cause persons death without
committing a felony (i.e. DUI, or running a red light)
10 years
Voluntary manslaughter Right Ans - crime of passion ( i.e ballroom brawl)
20 years
Felony Murder Right Ans - during the commission of a dangerous felony,
someone dies (i.e. armed robbery/ shooting clerk)
, life sentence
Malice murder Right Ans - Express and implied
Malice murder is a criminal offence in the US state of Georgia, committed
when a homicide is done with express or implied malice
Express Malice Right Ans - premeditated taking of a life
Implied Malice Right Ans - cause person's death with a depraved
abandoned heart (i.e. hitting a person with a car and leaving them to bleed out
and die instead of taking them to the hospital)
Self Defense Right Ans - when you or 3rd person face imminent death or
substantial bodily harm, you can use deadly force
Defense of home ( or property) Right Ans - a justification defense by the
defendant that s/he should not be held liable because the action was taken in
defense of the defendant's premises or personal property. This defense is
available, if one harms or threatens another when defending one's property
DUI Right Ans - driving under the influence
4th Amendment Right Ans - It protects people from unlawful searches and
seizures. This means that the police can't search you or your house without a
warrant or probable cause.
Terry V. Ohio Right Ans - laundromat -> reasonable suspicion -> stop and
frisk
case relating to the 4th amendment
Stop and frisk Right Ans - quick pat down for weapon
Reasonable suspicion Right Ans - good hunch, less than probable cause.
if the police have reasonable suspicion of a crime they can stop you and do a
quick pat down
Warrant to search home Right Ans - police need probable cause, based on
objective articulated facts
in exigent (emergency) circumstances -> no warrant needed
