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 is
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 is
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 is
called
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 has 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 is
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, it is called
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
is
a. | battery. | b. | assault. | c. | aggravated
assault. | d. | false
imprisonment. |
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18.
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Harmful or offensive contact is
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 is
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
or her kidnapper is
a. | conversion. | b. | asportation. | c. | relocation. | d. | restraint. |
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