BUSA 2106 TEST QUESTIONS AND ANSWERS A+
GRADED. Buy Quality Materials!
Involuntary Manslaughter
Commit a crime that is not a felony but someone dies (for example DUI) 1-10 years
sentence
Voluntary Manslaughter
Intentional killing where the defense acts with adequate provocation crime of passion
(1-20 years)
Felony Murder
during a commission of a dangerous felony someone died and you didn't cause it
Malice Murder
Express and Implied
Expressed Malice Murder
Premeditated Murder
Implied Malice Murder
caused someones death with a depraved abandoned heart
Self Defense
is when you or a third party are facing Imminent death or substantial bodily harm you
meet that with deadly force. In your home no duty to retreat
Defense of Home
Commits felony/ personal violence can use deadly force
DUI
Intoxicated while in control of vehicle
DONT DO IT
Mens rea
Intent, the guilty mind
Express Malice Afterthought
Pre-thought out intent to kill or inflict serious bodily injury
Actus reus
Voluntary physical act of committing a crime
Strict Liability Crime
no intent of committing a crime but still arrested
District Attorney
handles all felony cases
Misdemeanor
1 year & $1000/ solicitors office handles this
Crimes / Torts (civil)
Battery Charge (crime)
Medical Injury(tort)
Ex: Someone hitting you with a Bat
Negligence per se
, when a crime has a rational relationship to a future civil action, then conviction will act
as conclusive proof of liability in the civil action
Ex: Rear End and Drivers license is expired
Fifth Amendment
FEDERAL Due process, double jeopardy
Fourteenth Amendment
STATE Due Process Clause and the Equal Protection clause
Fourth Amendment
No unlawful search and seizure
Terry v Ohio
The Fourth Amendment is not violated when a police officer stops and frisks a suspect
without probable cause if there is reasonable suspicion ( less than probable cause)
Ex: guy pacing on the drug street on a rainy day
Warrant
Police need probable cause based on objective, articulated facts---> out of constitution
Exigent circumstances
do not need warrant if emergency
Ex: people hear neighbors screaming and fighting
What is suppressed evidence?
Judge ruled that jury will not see certain evidence
Evidence in plain view
if police are lawfully present they can take what they see in plain view ( the first cocaine
bag)
Exclusionary rule
Evidence unlawfully obtained will be suppressed
( the note leading to the brick of coke by the tree)
Fruit of the poisonous tree doctrine
leads to more evidence then that evidence is also tainted the police would have found it
anyway. If more tainted evidence than also the other found is tainted
Permission to search
lawful, if given permission anything found then you are in jail
Lawful stop
you did something to get pulled over and a police pulled you over
Random stop
Road blocks? Lawful way if its done, police have no discretion Ex not every car or every
third car
Hot pursuit
If police are in pursuit and go into a place they do not need a warrant
Grand Jury
secretive proceeding Felonies go to the DA Evidenc. All evidence comes in and to see it
and Indict (proceed to trial). You can testify but no attorney present
Double jeopardy
can't be put on trial for same crime twice
Pleading the Fifth
right against self incrimination taking the fifth during an arrest interrogation
Eminent Domain
GRADED. Buy Quality Materials!
Involuntary Manslaughter
Commit a crime that is not a felony but someone dies (for example DUI) 1-10 years
sentence
Voluntary Manslaughter
Intentional killing where the defense acts with adequate provocation crime of passion
(1-20 years)
Felony Murder
during a commission of a dangerous felony someone died and you didn't cause it
Malice Murder
Express and Implied
Expressed Malice Murder
Premeditated Murder
Implied Malice Murder
caused someones death with a depraved abandoned heart
Self Defense
is when you or a third party are facing Imminent death or substantial bodily harm you
meet that with deadly force. In your home no duty to retreat
Defense of Home
Commits felony/ personal violence can use deadly force
DUI
Intoxicated while in control of vehicle
DONT DO IT
Mens rea
Intent, the guilty mind
Express Malice Afterthought
Pre-thought out intent to kill or inflict serious bodily injury
Actus reus
Voluntary physical act of committing a crime
Strict Liability Crime
no intent of committing a crime but still arrested
District Attorney
handles all felony cases
Misdemeanor
1 year & $1000/ solicitors office handles this
Crimes / Torts (civil)
Battery Charge (crime)
Medical Injury(tort)
Ex: Someone hitting you with a Bat
Negligence per se
, when a crime has a rational relationship to a future civil action, then conviction will act
as conclusive proof of liability in the civil action
Ex: Rear End and Drivers license is expired
Fifth Amendment
FEDERAL Due process, double jeopardy
Fourteenth Amendment
STATE Due Process Clause and the Equal Protection clause
Fourth Amendment
No unlawful search and seizure
Terry v Ohio
The Fourth Amendment is not violated when a police officer stops and frisks a suspect
without probable cause if there is reasonable suspicion ( less than probable cause)
Ex: guy pacing on the drug street on a rainy day
Warrant
Police need probable cause based on objective, articulated facts---> out of constitution
Exigent circumstances
do not need warrant if emergency
Ex: people hear neighbors screaming and fighting
What is suppressed evidence?
Judge ruled that jury will not see certain evidence
Evidence in plain view
if police are lawfully present they can take what they see in plain view ( the first cocaine
bag)
Exclusionary rule
Evidence unlawfully obtained will be suppressed
( the note leading to the brick of coke by the tree)
Fruit of the poisonous tree doctrine
leads to more evidence then that evidence is also tainted the police would have found it
anyway. If more tainted evidence than also the other found is tainted
Permission to search
lawful, if given permission anything found then you are in jail
Lawful stop
you did something to get pulled over and a police pulled you over
Random stop
Road blocks? Lawful way if its done, police have no discretion Ex not every car or every
third car
Hot pursuit
If police are in pursuit and go into a place they do not need a warrant
Grand Jury
secretive proceeding Felonies go to the DA Evidenc. All evidence comes in and to see it
and Indict (proceed to trial). You can testify but no attorney present
Double jeopardy
can't be put on trial for same crime twice
Pleading the Fifth
right against self incrimination taking the fifth during an arrest interrogation
Eminent Domain
