True/False
Indicate whether the
statement is true or false.
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1.
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Motive is not a necessary element of proof in a
murder case.
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2.
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The legal difference between first-degree murder
and second-degree murder is premeditation.
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3.
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“Specific intent” refers to the
requirement that the prosecution prove that the defendant intended to commit a particular
crime.
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4.
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Malice and premeditation are the same
thing.
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5.
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When a person kills another through negligence,
this crime is referred to as voluntary manslaughter.
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6.
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Sudden provocation can reduce a second-degree
murder charge to manslaughter.
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7.
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An unconscious person cannot be
assaulted.
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8.
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An unconscious person cannot be
battered.
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9.
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In order to prove a murder charge, the state must
prove that the defendant specifically intended to commit murder.
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10.
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Malice is defined as an unlawful intent to
kill.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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The element that separates first degree murder from
second degree murder:
a. | Premeditation | b. | Malice | c. | Unlawful
killing | d. | The death of the
victim |
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12.
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The name of the doctrine that allows the government
to prosecute a person for first-degree murder when a victim is killed while the defendant is
committing another felony.
a. | Felony Death Doctrine | b. | Three Strikes Doctrine | c. | Felony-Murder
Doctrine | d. | Homicide by Felony
Doctrine |
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13.
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The mental component, or intent, that a person must
possess to be guilty of any crime.
a. | actus reus | b. | mens rea | c. | specific
malice | d. | general malice |
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14.
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There are two requirements for almost all crimes.
One is that the person have the requisite intent and the other is _________.
a. | knowledge | b. | scienter | c. | actus reus
or action | d. | none of the above |
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15.
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The term for the body of proof of the
defendant’s guilt.
a. | corpus diem | b. | corpus secundum | c. | corpus
juris | d. | corpus
delicti |
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16.
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When a murder occurs as the result of a sudden,
overwhelming passion:
a. | manslaughter | b. | first degree murder | c. | second degree
murder | d. | involuntary
manslaughter |
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17.
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Fear or apprehension of harmful
contact.
a. | battery | b. | assault | c. | aggravated
assault | d. | false
imprisonment |
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18.
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Harmful or offensive contact
a. | battery | b. | assault | c. | aggravated
assault | d. | false
imprisonment |
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19.
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Harmful or offensive contact involving the use of a
weapon.
a. | Aggravated Assault | b. | Simple Battery | c. | Simple
Assault | d. | Unintentional
Assault |
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20.
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The legal term for the movement of a victim by
his/her kidnapper.
a. | conversion | b. | asportation | c. | relocation | d. | restraint |
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