SOLUTIONS GRADED A+
✔✔Any crime that is not completed may be charged as an attempt to commit the crime.
It requires:
1. The intent to commit the crime; and
2. A direct act towards the communication of the criminal act - ✔✔Attempt?
✔✔The illegal obtaining of another's property by making a materially false
representation of an existing fact, with knowledge of the falsity of the representation and
with the intent to defraud (felony) - ✔✔False Pretense
✔✔is the making of a false writing which, if genuine would be apparently of legal
efficacy (felony) - ✔✔Forgery
✔✔is the assertion by word of action that a writing known to be forged is good and valid
(felony) - ✔✔Uttering
✔✔with intent to defraud the issuer or entity providing anything of value in return--
falsely make or falsely emboss a purported credit card (felony) - ✔✔Credit Card Forgery
✔✔includes fraudulently making the coin or bill or uttering the fraudulently made coin or
bill (felony) - ✔✔Counterfeiting
✔✔unlawful to obtain a VA operator's license, identification card, vehicle registration.
title, license plate, decal or other DMV document if the person does not satisfy the
requirements for their issuance, or if they are otherwise not entitled to it - ✔✔DMV fraud
✔✔any weapon which shoots or is deigned to shoot automatically more than one shot,
without manual reloading by a single function of the trigger. - ✔✔Machine gun
✔✔applies to any of these crimes or attempts to commit these crimes; murder,
manslaughter, kidnapping, rape, mayhem, malicious wounding, robbery, burglary,
housebreaking, B&E and larceny. - ✔✔Crime of violence
✔✔- when the machine gun is on premise, not owned or rented for residence or
business occupancy by the person in possession of the machine gun.
- the gun is in possession of someone who has been convicted of a crime of violence
- the gun has not been properly registered
- empty or loaded shells that have been used of could be used in the machine gun are
found in the immediate vicinity of the gun - ✔✔When is aggressive purpose presumed?
,✔✔on or about the person, the weapon must be so connected to the person as to be
readily accessible for use of surprise - ✔✔Concealed weapon
✔✔the weapon is either observable but is of such deceptive appearance as to disguise
its true nature or recovered by an officer from a totally concealed location -
✔✔Concealed weapon "Hidden from common observation"
✔✔persons acquitted by reason of insanity, adjudicated incompetent or mentally
incapacitated, persons voluntarily/ involuntarily committed order to outpatient treatment
- ✔✔Who is prohibited from possessing, purchasing or transporting a firearm?
✔✔No, anyone who is the respondent in any type of protective order is prohibited. -
✔✔Can a person subject to a protective order possess, purchase or transport a
firearm?
✔✔No, they are prohibited - ✔✔Can a respondent in a final protective order issued in a
family abuse case possess, purchase or transport a firearm?
✔✔Persons under the age of 18, not US citizens or lawfully present in the US - ✔✔Who
can NOT purchase or transport a firearm?
✔✔convicted felon, found delinquent as a juvenile of murder, kidnapping, robbery or
rape, under the age of 29 who were found delinquent of felony act while they were a
juvenile. - ✔✔Who is prohibited from purchasing and transporting a firearm due to
felony convictions?
✔✔stun weapon, taser, knife (expect less then 3'" metal blade) - ✔✔What weapon
CAN'T you possess on school property?
✔✔Yes, its illegal - ✔✔Is it illegal for a convicted felon, found delinquent as a juvenile of
murder, kidnapping, robbery or rape, under the age of 29 who were found delinquent of
felony act while they were a juvenile to possess firearm ammunition ?
✔✔Schedule 1 and 2 (two separate charges from the firearm charge) - ✔✔What
schedule drugs is illegal to be on while possessing a firearm?
✔✔No, all you need is perception (which is still illegal) - ✔✔Do you need to have a
physical firearm while committing murder, rape, sodomy, robbery, carjacking, burglary ,
malicious wounding, bodily injury to a LEO, or abduction?
✔✔you actually have physical custody of an item - ✔✔Actual possession
, ✔✔a legal fiction that applies to situations in which persons voluntarily give up physical
custody of their property but still retain legal ownership - ✔✔Constructive Possession
✔✔assault and battery/ malicious wounding, wrongful death, intentional infliction of
emotional distress, vehicle accidents, deformation, false imprisonment. false arrest -
✔✔Different types of torts?
✔✔suicide - ✔✔What is considered a crime in commonlaw?
✔✔It only applies for simple negligence not gross negligence or willful/ wanton
negligence - ✔✔When does sovereign immunity not apply?
✔✔Duty- can be set by law or created based on facts of the situation, breach of duty,
proximate cause and damages - ✔✔Civil Case require that the plaintiff establish the
elements of a tort claim ?
✔✔1. Observation of criminal activity/ dangerous situation and an ability to step in and
offer assistance
2. Creation of a special duty by words or actions - ✔✔What are the two ways to create a
special duty as a law enforcement officer?
✔✔Battle v. commonwealth, 50 Va. App.135 (2007) - ✔✔a defendant may not be
charged with disorderly conduct if there are any other charges for which the defendant
could be found "guilty beyond a reasonable doubt"
✔✔Disorderly conduct is a class 1 misdemeanor
Breach of the Peace is a class 3 misdemeanor - ✔✔What is the difference between
Disorderly Conduct and Breach of the peace?
✔✔common law crime of intentionally damaging or destroying another's tangible
property (toilet paper house) - ✔✔Malicious Mischief
✔✔Discriminatory policy, discriminatory custom, or failure to train/discipline - ✔✔In
section 42 U.S.C. 1983 suits against the county are generally based upon one of the
following arguments:
✔✔If his actions were objectively reasonable and the constitutional violation was not
"firmly established" at the time of the violation - ✔✔What does there need to be if the
officer violates a constitutional right in qualified immunity?
✔✔Code Section 241 & 242 - ✔✔officers are subject to criminal liability willful violation
of someone's constitutional rights