BUSA 2106 Exam 3 Perry Binder UPDATED ACTUAL Questions and
CORRECT Answers
1. mens rea intent - premeditation
the intention or knowledge of wrongdoing that constitutes part of a crime, as
opposed to the action or conduct of the accused
2. malice afore- the actual criminal premeditation
thought the intention to kill or harm, which is held to distinguish unlawful killing from
murder.
3. strict liability no intent i.e statutory rape
crime
4. Felony District attorney and 1+ years
5. Misdemeanor Solicitors oflce and maximum up to 12 months in prison and $1000 in fines
6. Torts civil action crime or wrongdoing
7. negligence per when convicted of crime that has a rational relationship to a future civil action, the
se (tort) conviction will act as conclusive proof of liability
8. Homicide types Involuntary manslaughter
voluntary manslaughter
felony murder
malice murder (express and implied)
9. involuntary cause persons death without committing a felony (i.e. DUI, or running a red light)
manslaughter 10 years
10. voluntary crime of passion ( i.e ballroom brawl)
manslaughter 20 years
11. Felony Murder during the commission of a dangerous felony, someone dies (i.e. armed robbery/
shooting clerk)
life sentence
, 12. Malice murder 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
13. Express Malice premeditated taking of a life
14. Implied Malice 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)
15. Self Defense when you or 3rd person face imminent death or substantial bodily harm, you can
use deadly force
16. defense of home a justification defense by the defendant that s/he should not be held liable
( or property) 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
17. DUI driving under the influence
18. 4th Amendment 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.
19. Terry V. Ohio laundromat -> reasonable suspicion -> stop and frisk
case relating to the 4th amendment
20. stop and frisk quick pat down for weapon
21. reasonable sus- good hunch, less than probable cause.
picion if the police have reasonable suspicion of a crime they can stop you and do a quick
pat down
22. warrant to search police need probable cause, based on objective articulated facts
home in exigent (emergency) circumstances -> no warrant needed
CORRECT Answers
1. mens rea intent - premeditation
the intention or knowledge of wrongdoing that constitutes part of a crime, as
opposed to the action or conduct of the accused
2. malice afore- the actual criminal premeditation
thought the intention to kill or harm, which is held to distinguish unlawful killing from
murder.
3. strict liability no intent i.e statutory rape
crime
4. Felony District attorney and 1+ years
5. Misdemeanor Solicitors oflce and maximum up to 12 months in prison and $1000 in fines
6. Torts civil action crime or wrongdoing
7. negligence per when convicted of crime that has a rational relationship to a future civil action, the
se (tort) conviction will act as conclusive proof of liability
8. Homicide types Involuntary manslaughter
voluntary manslaughter
felony murder
malice murder (express and implied)
9. involuntary cause persons death without committing a felony (i.e. DUI, or running a red light)
manslaughter 10 years
10. voluntary crime of passion ( i.e ballroom brawl)
manslaughter 20 years
11. Felony Murder during the commission of a dangerous felony, someone dies (i.e. armed robbery/
shooting clerk)
life sentence
, 12. Malice murder 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
13. Express Malice premeditated taking of a life
14. Implied Malice 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)
15. Self Defense when you or 3rd person face imminent death or substantial bodily harm, you can
use deadly force
16. defense of home a justification defense by the defendant that s/he should not be held liable
( or property) 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
17. DUI driving under the influence
18. 4th Amendment 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.
19. Terry V. Ohio laundromat -> reasonable suspicion -> stop and frisk
case relating to the 4th amendment
20. stop and frisk quick pat down for weapon
21. reasonable sus- good hunch, less than probable cause.
picion if the police have reasonable suspicion of a crime they can stop you and do a quick
pat down
22. warrant to search police need probable cause, based on objective articulated facts
home in exigent (emergency) circumstances -> no warrant needed
