- when law creates a duty to act or requires it

-when a relationship between the parties creates a duty to act

-when a contract establishes a duty to act

a party to the crime

MO is a party state

a party to the crime

MO is a party state (again)

The state

(prosecutor)

Mr. A is an obnoxious person who annoys Mayor Pollo. One day Pollo watches Mr. A place announcements on cars in the public parking lot of City Hall, calling for the impeachment of Pollo. Pollo videos Mr. A. Pollo then makes it a crime to place announcements on cars in public lots. He then has Mr.A arrested based on his video.

Mr. A's best defense is?

Mr. A fires a gun at Mr. B for the purpose of killing him, but the bullet misses and strike & kills Mr. C. What would be the best argument for charging Mr. A with 1st degree murder

(which requires the highest culpable mental state)

-not acting

-speaking words

-a voluntary act

-Case law

- statutes

-the constitution

-the model penal code

 (all the above)

-mens rea

-actus reus

-concurrence of both

(all the above)

-procedural rules regarding appeals of court decisions

-types of penalties

-who has power to file suit against the person

(all the above)

Remnants f both the secular and ecclesiastical courts can be found in modern US law

t/f

the 3 main legal systems in the world are civil law, common law, and islamic law

t/f

Judges in civil law systems are bureaucratic and have not been practicing attorneys before they that the bench

t/f

US Supreme Court has only appellate jurisdiction

t/f

MO deosn't follow the "year and a day rule"

t/f

MO doesn't follow the Wharton Rule

t/f

perjury occurs when people tell lies

t/f

false

(must add "under oath")

There are 12 justices on the US Supreme Court

t/f

false

(9)

John Roberts is the Chief Justice of the US Supreme Court

t/f

the culpable mental state for criminal negligence uses the ordinary and reasonable person standard to determine if a person has acted with criminal negligence

t/f

(all of the above)

-defendant has burden of raising affirmative defense

-if defendant is successful in proving affirmative defense, he will be found not guilty

-self-defense is a n affirmative defense

-deliquents

-status offenses

-children in need of protection

(all the above)

Supreme Court ruled the 8th amendment requires state to proved the not guilty by reason of insanity defense

t/f

McNaughton test is currently only test used in US

t/f

under new MO law, property owners are now allowed to use spring guns to protect their homes under the Castle Doctrine

t/f

MO hasn't adopted the Castle Doctrine

t/f

In MO, individuals who are attacked by others are authorized to use deadly force to keep themsleves from getting physically injured

t/f

false

( serious injury)

police officers are authorized to use deadly force to stop fleeing felon, but not fleeing misdemeanor

t/f

8th amendment allows use of corporal punishment on children, but not on inmates

t/f

Doctrin of Parens Patria allows correctional officers to use appropriate corporal punishment on inmates if they have broken clearly defined rules

t/f

false

(protects children from neglectful parents)

MO doesn't recognize the defense of necessity

t/f

In MO, you are allowed to use force to protect you property

t/f

Battered Women's Syndrome is allowed as a form of self-defense in MO

t/f

the statute of limitations applies to the crime of murder in MO

t/f

in MO, in order for a person to successfully use the defense of entrapment, they must prove that the law enforcements officer made it possible for them to commit the crime

t/f

the defense of duress is frequently used to defends against the charge of murder

t/f

the in US, a majority of states have eliminated the death penalty because of the proof that innocent people have been sentenced to death and/or have been executed

t/f

the defenses of mistake of fact and mistake of law are, generally, the same defense

t/f

in MO, our hate crime allows the use of physical force against individuals who call others certain racially offensive words

t/f

Tennessee v Garner establishes when law enforcement officers are authorized to use deadly force

t/f

Mo was first state to establish a juvenile court in 1899

t/f

all states have the defense of not guilty by reason of insanity

t/f

a barn

(real property bc attached to ground)

intangible personal property cannot be stolen

t/f 

in MO, theft of services is not included in our stealing statute

t/f

in MO, the penalty for stealing is something determined by the value of the property that was stolen

t/f

in MO, the definition for a person under our homicide statute is the same as the common law definition - someone who has been born alive

t/f

all the above

-to get convicted, state must prove the thief intended to permanently deprive true owner of property, there was an asportation of property, stealing can range from Class A felony to Class A misdemeanor

in MO, if you purchase a brand new Mercedes Benz convertible from someone and paid $2000 for it, you could be convicted of a crime.

t/f

all the above

-the commit 1st degree murder, committed a statutorily defined aggravating condition, engaged in some deliberation before causing death

MO follows the "year and a day" rule

t/f

the fact that a defendant has not been convicted of any prior crime is something that would be considered a mitigating factor in a capital sentencing trial

t/f

i MO, trials where the defendant receives the death penalty are bifurcated

t/f

all of the above make it Class A felony

-is of a nature that it could be considered an attempt to kill, is committed with a deadly weapon, causes serious bodily injury

in MO, punishment for conviction of a 1st degree assault can be either a Class A or B felony

t/f

all the above

-inflicting physical injury of victim, using victim as a shield or hostage, holding victim for ransom

in MO, in order to be convicted of Armed Criminal Action, you must have used a gun when you committed the felony that is required under the Armed Criminal Action statute

t/f

all of the above

-physical, emotional, sexual

in MO, by state law, the jury in a capital murder trial is not required to consider mitigating circumstances before sentencing someone to death

t/f

photographing a 17 year old male simulating a prohibited sexual act would be considered child abuse in MO

t/f

MO, like many states under common law, requires that someone who has been abducted be moved over stae lines in order for the crime of kidnapping to take place

t/f

in MO, when someone has knowingly restrained another person unlawfully and substantially interferred with their liberty all without their consent, they have committed kidnapping

t/f

all the above

-both males and females can be victims, can be CLass A & B felony, requires penetration of sex organ

In MO, in order to be guilty of the crime of sexual assault, all that the state must prove, beyond a reasonable doubt, is that the defendant had sexual intercourse with the victim, without victim's consent

t/f

in MO, "sexual contact" is broader than the term "deviate sexual intercourse"

t/f

anyone who claims abandoned property becomes the true owner

t/f

Rape Shield Laws are primarily concerned with the type of evidence that can be admitted into a rape trial

t/f