Chapter 8: Quiz

Section 1: True/False

Please indicate which answers below are true and which are false:

1. Motive is not a necessary element of proof in a murder case.

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2. The legal difference between first-degree murder and second-degree murder is premeditation.

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3. “Specific intent” refers to the requirement that the prosecution prove that the defendant intended to commit a particular crime.

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4. Malice and premeditation are the same thing.

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5. When a person kills another through negligence, this crime is referred to as voluntary manslaughter.

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6. Sudden provocation can reduce a second-degree murder charge to manslaughter.

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7. An unconscious person cannot be assaulted.

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8. An unconscious person cannot be battered.

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9. In order to prove a murder charge, the state must prove that the defendant specifically intended to commit murder.

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10. Malice is defined as an unlawful intent to kill.

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Section 2: Multiple Choice

Please indicate the correct answer for the following questions:

1. 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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2. 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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3. 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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4. 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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5. 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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6. 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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7. Fear or apprehension of harmful contact
a. battery
b. assault
c. aggravated assault
d. false imprisonment

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8. Harmful or offensive contact
a. battery
b. assault
c. aggravated assault
d. false imprisonment

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9. 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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10. 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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