NC BLET ELEMENTS OF CRIMINAL LAW FULL
PRACTICE QUESTIONS AND ANSWERS
◉ Can intent be transferred? Answer: Yes
◉ When can intent be transferred? Answer: Intent can be
transferred (1) from intended victim to actual victim and (2) from
intended tort to actual tort.
◉ Mens Rea Answer: guilty mind
◉ knowingly Answer: When the person is aware and conscious of
what they are doing this knowledge may be subjective, objective, or
willful blindness
◉ willfully Answer: Wrongful act done without legal excuse or
justification, or the commission of an act purposefully and
deliberately in violation of law.
◉ subjective knowledge Answer: the individual knows of an element
that makes their actions criminal
,◉ objective knowledge Answer: reasonable person should know
what they did was illegal
◉ Willful Blindness Answer: A deliberate closing of one's mind to
the possible consequences of one's actions
◉ wantonly Answer: conscious and intentional disregard of or
deliberate indifference to the rights and safety of others
◉ Maliciously/malice Answer: intent to commit an unlawful act or
the desire to inflict pain or injury to another
◉ Malice is often used in cases involving? Answer: Homicide
◉ In NC there are three recognized meanings of malice they are:
Answer: 1. Done with hatred or spite
2. Inherently dangerous to human life
3. Done intentionally without justification
◉ Criminal Negligence is also know as? Answer: Culpable negligence
◉ Criminal Negligence Answer: recklessness/carelessness that
shows a thoughtless disregard on consequences or a heedless
indifference to the safety and rights of others.
, ◉ Strict Liability Answer: liability without fault
◉ in NC a misdemeanor statute is how long? Answer: 2 years
◉ in NC how long is a felony statute? Answer: There is no statute for
a felony
◉ Bars to prosecution Answer: Prevent the state from prosecuting a
person not based on evidence or facts but based on constitutional
and statutory protections.
◉ Bars to prosecution include: Answer: Double jeopardy
lack of jurisdiction
expiration of a statute of limitation
◉ Principals Answer: Main person committing the crime
◉ aiding and abetting Answer: someone helping another person
commit a crime
"advises, instigates, encourages, procures or helps the other person
commit the crime"
PRACTICE QUESTIONS AND ANSWERS
◉ Can intent be transferred? Answer: Yes
◉ When can intent be transferred? Answer: Intent can be
transferred (1) from intended victim to actual victim and (2) from
intended tort to actual tort.
◉ Mens Rea Answer: guilty mind
◉ knowingly Answer: When the person is aware and conscious of
what they are doing this knowledge may be subjective, objective, or
willful blindness
◉ willfully Answer: Wrongful act done without legal excuse or
justification, or the commission of an act purposefully and
deliberately in violation of law.
◉ subjective knowledge Answer: the individual knows of an element
that makes their actions criminal
,◉ objective knowledge Answer: reasonable person should know
what they did was illegal
◉ Willful Blindness Answer: A deliberate closing of one's mind to
the possible consequences of one's actions
◉ wantonly Answer: conscious and intentional disregard of or
deliberate indifference to the rights and safety of others
◉ Maliciously/malice Answer: intent to commit an unlawful act or
the desire to inflict pain or injury to another
◉ Malice is often used in cases involving? Answer: Homicide
◉ In NC there are three recognized meanings of malice they are:
Answer: 1. Done with hatred or spite
2. Inherently dangerous to human life
3. Done intentionally without justification
◉ Criminal Negligence is also know as? Answer: Culpable negligence
◉ Criminal Negligence Answer: recklessness/carelessness that
shows a thoughtless disregard on consequences or a heedless
indifference to the safety and rights of others.
, ◉ Strict Liability Answer: liability without fault
◉ in NC a misdemeanor statute is how long? Answer: 2 years
◉ in NC how long is a felony statute? Answer: There is no statute for
a felony
◉ Bars to prosecution Answer: Prevent the state from prosecuting a
person not based on evidence or facts but based on constitutional
and statutory protections.
◉ Bars to prosecution include: Answer: Double jeopardy
lack of jurisdiction
expiration of a statute of limitation
◉ Principals Answer: Main person committing the crime
◉ aiding and abetting Answer: someone helping another person
commit a crime
"advises, instigates, encourages, procures or helps the other person
commit the crime"