BUSA 2106 EXAM 3 PERRY BINDER GSU EXAM 2024
QUESTIONS WITH ALL CORRECT ANSWERS.
terry vs ohio - (ANSWER)-*4th amendment case*
-stop and frisk (quick pat down for weapon)
-reasonable suspicion
--Ohio Police on a steak out watching a non-drug heaven? WTF They see this person walking
back and forth looking suspicious wearing a coat in summer. Can police search him? Yes.
*stop & frisk
-walking back an forth in front of ghetto laundromat near drug area, cops stop him and dont
arrest him but basicaly accuse him and say that its reasonable
MARYLAND V KING - (ANSWER)(4th amendment) Guy who got arrested for assault,
swabbed for DNA which matched an unsolved rape case, he was charged with both and
sentenced to life, he said unconstitutional because of 4th amendment.
Mens rea - (ANSWER)Criminal mind with intent
-*malice aforethought*: intent! (premeditation) (Premeditated it with criminal intent)
Actus reus - (ANSWER)voluntary physical act -> committing a crime
Strict liability crime - (ANSWER)Crime without criminal intent, ex dating 14 year old
Felony - (ANSWER)1+ year (1-20)
[D.A. Superior Court]
major crime punishable by more than 1 year in prison; you face a minimum of 1 year -
prosecuted by the DA office
Misdemeanor - (ANSWER)- maximum is up to 1 year in prison and *$1,000* in fines
,District attorney - (ANSWER)Superior court, prosecutes felony
Negligence per se - (ANSWER)-convicted of a crime which has a rational relationship to a civil
action, then the conviction will act as conclusive proof of liability (only prove damages)
-if a criminal conviction, following too closely, has a rational relationship to a future civil action
then that conviction will act as a conclusive proof of liability in the civil action
Solicitor's office - (ANSWER)*STATE COURT*, prosecutes misdemeanor
Crimes - (ANSWER)*Crime of Assault or Civil Assault*
1. Torts- civil
-negligence per se
2 homicide
3 self defense
4 DUI
Torts (civil) - (ANSWER)1) Elements of Negligence
2) Intentional Torts
3) Strict Liability
Homicide - (ANSWER)*Unlawful taking of a life*
1-Involuntary manslaughter
2-Voluntary manslaughter
3-Felony murder
4-Malice Murrrrrrrrrrrrrrrrrrrrrder
- Express Malice
- Implied Malice
, Involuntary manslaughter - (ANSWER)1-10 years Committed a crime which was not a felony
and somebody died (ex. vehicular homicide)
Voluntary manslaughter - (ANSWER)Felony -took someone's life without premeditation. You
didn't have enough time to think about it; you didn't plan it.
Ex. Crime of Passion (1-20 years) Road rage, gun fight, boyfriend/jealousy
Felony murder - (ANSWER)You participated in a dangerous felony like armed robbery, someone
died and you didn't do the killing. During commission of dangerous felony, someone died and
you didnt cause it - *going away for life*
Express Malice - (ANSWER)pre-meditated murder; planned the homicide - usually gets the
death penalty
Implied Malice - (ANSWER)No premeditation, but you caused someone's death and you had an
"abandoned, depraved heart" *(50 years)* complete disregard of human life, reckless
Self-defense - (ANSWER)-outside the house in GA, if you or a 3rd party face iminent deadly
force or substantial bodily harm then you can meet that with deadly force. With no so call duty to
retreat the not advisable
-A *justification defense*, defendants may justify their actions by saying they acted to defend
themselves.To establish the necessary elements to constitute self-defense, the defendant must
have *acted under a reasonable belief that he was in danger of death or great harm and has no
means of escape from the assailant*.
Defense of home - (ANSWER)deadly force is justified against an intruder who is reasonably
believed to intend to commit a felony (there is no duty to retreat)
DUI - (ANSWER)Driving under the influence of alcohol or any mind altering substance.
sleeping in the car while intoxicated, sitting in the driver's seat too intoxicated w- slumped over
keys in his hand
QUESTIONS WITH ALL CORRECT ANSWERS.
terry vs ohio - (ANSWER)-*4th amendment case*
-stop and frisk (quick pat down for weapon)
-reasonable suspicion
--Ohio Police on a steak out watching a non-drug heaven? WTF They see this person walking
back and forth looking suspicious wearing a coat in summer. Can police search him? Yes.
*stop & frisk
-walking back an forth in front of ghetto laundromat near drug area, cops stop him and dont
arrest him but basicaly accuse him and say that its reasonable
MARYLAND V KING - (ANSWER)(4th amendment) Guy who got arrested for assault,
swabbed for DNA which matched an unsolved rape case, he was charged with both and
sentenced to life, he said unconstitutional because of 4th amendment.
Mens rea - (ANSWER)Criminal mind with intent
-*malice aforethought*: intent! (premeditation) (Premeditated it with criminal intent)
Actus reus - (ANSWER)voluntary physical act -> committing a crime
Strict liability crime - (ANSWER)Crime without criminal intent, ex dating 14 year old
Felony - (ANSWER)1+ year (1-20)
[D.A. Superior Court]
major crime punishable by more than 1 year in prison; you face a minimum of 1 year -
prosecuted by the DA office
Misdemeanor - (ANSWER)- maximum is up to 1 year in prison and *$1,000* in fines
,District attorney - (ANSWER)Superior court, prosecutes felony
Negligence per se - (ANSWER)-convicted of a crime which has a rational relationship to a civil
action, then the conviction will act as conclusive proof of liability (only prove damages)
-if a criminal conviction, following too closely, has a rational relationship to a future civil action
then that conviction will act as a conclusive proof of liability in the civil action
Solicitor's office - (ANSWER)*STATE COURT*, prosecutes misdemeanor
Crimes - (ANSWER)*Crime of Assault or Civil Assault*
1. Torts- civil
-negligence per se
2 homicide
3 self defense
4 DUI
Torts (civil) - (ANSWER)1) Elements of Negligence
2) Intentional Torts
3) Strict Liability
Homicide - (ANSWER)*Unlawful taking of a life*
1-Involuntary manslaughter
2-Voluntary manslaughter
3-Felony murder
4-Malice Murrrrrrrrrrrrrrrrrrrrrder
- Express Malice
- Implied Malice
, Involuntary manslaughter - (ANSWER)1-10 years Committed a crime which was not a felony
and somebody died (ex. vehicular homicide)
Voluntary manslaughter - (ANSWER)Felony -took someone's life without premeditation. You
didn't have enough time to think about it; you didn't plan it.
Ex. Crime of Passion (1-20 years) Road rage, gun fight, boyfriend/jealousy
Felony murder - (ANSWER)You participated in a dangerous felony like armed robbery, someone
died and you didn't do the killing. During commission of dangerous felony, someone died and
you didnt cause it - *going away for life*
Express Malice - (ANSWER)pre-meditated murder; planned the homicide - usually gets the
death penalty
Implied Malice - (ANSWER)No premeditation, but you caused someone's death and you had an
"abandoned, depraved heart" *(50 years)* complete disregard of human life, reckless
Self-defense - (ANSWER)-outside the house in GA, if you or a 3rd party face iminent deadly
force or substantial bodily harm then you can meet that with deadly force. With no so call duty to
retreat the not advisable
-A *justification defense*, defendants may justify their actions by saying they acted to defend
themselves.To establish the necessary elements to constitute self-defense, the defendant must
have *acted under a reasonable belief that he was in danger of death or great harm and has no
means of escape from the assailant*.
Defense of home - (ANSWER)deadly force is justified against an intruder who is reasonably
believed to intend to commit a felony (there is no duty to retreat)
DUI - (ANSWER)Driving under the influence of alcohol or any mind altering substance.
sleeping in the car while intoxicated, sitting in the driver's seat too intoxicated w- slumped over
keys in his hand
