Actus Reus & Omissions
Dan is sleepwalking and, while unconscious, knocks over a candle that starts a fire. The fire causes damage to a neighbor's property.
Which is the most accurate result?
A. Dan is liable because he caused the harm
B. Dan is liable because sleepwalking is reckless
C. Dan is not liable because there was no voluntary act
D. Dan is liable because property damaged occurred
Answer: C
Explanation: A voluntary act is required. Conduct during unconsciousness (sleepwalking) is involuntary and not culpable.
D intentionally sets fire to a building knowing people are inside and that death is practically certain.
What is D's mens rea?
A. Negligent
B. Reckless
C. Knowing
D. Strict liability
Answer: C
Explanation: Awareness that death is practically certain = knowing
D stabs V. On the way to the hospital, an ambulance is struck by lightning, killing V.
What is the likely result?
A. D is liable because the stabbing caused the death
B. D is not liable because lightning is an unforeseeable intervening act.
C. D is liable under strict liability
D. D is not liable because V died instantly
Explanation: Coincidental, unforeseeable intervening act breaks causation.
D intentionally kills V after careful planning and reflection.
What is the crime?
A. Second-degree murder
B. Voluntary manslaughter
C. First-degree murder
D. Negligent homicide
Answer: C
Explanation: Premeditation + deliberation = first degree murder
D commits a robbery. During the robbery, a store clerk shoots and kills D's accomplice.
Under the majority rule, what result?
A. D is liable for felony murder
B. D is not liable because the killing was by a third party
C. D is liable because death occurred during a felony
D. D is only liable for robbery
Answer: B
Explanation: Insists the killing must be done by the hands of the felons themselves or their co-conspirators.
Lisa sees a child drowning in a shallow pool but walks away without helping, even though she could have easily saved the child. The child dies.
Which is correct?
A. Lisa is liable because she failed to act
B. Lisa is liable because she caused the death
C. Lisa is not liable because there was no legal duty
D. Lisa is liable under general deterrence
Answer: C
Explanation: No liability for omission without a legal duty (special relationship, statute, contract, or prior conduct by defendant).
J speeds through a crowded street, aware of the risk but ignoring it.
What is J's mens rea?
A. Negligent
B. Reckless
C. Purposeful
D. Strict Liability
Answer: B
Explanation: Conscious disregard of a substantial risk = recklessness
D shoots V, who is taken to the hospital. Doctors negligently treat v, worsening the injury and causing death.
Result?
A. D is not liable because the doctors caused the death.
B. D is liable because medical negligence is foreseeable.
C. D is only liable for assault.
D. D is not liable due to an intervening cause
Answer: B
Explanation: Medical negligence is a foreseeable response and does not break the chain of causation.
D kills V immediately after discovering V cheating with D's spouse, with no time to cool off.
What is the most likely charge?
A. First-degree murder
B. Second-degree murder
C. Voluntary manslaughter
D. Negligent homicide
Answer: C
Explanation: Adequate provocation + heat of passion
D assaults V, and V dies. Prosecutor charges felony murder using assault as the predicate felony.
What is the result?
A. Valid felony murder
B. Invalid due to merger doctrine
C. Valid because assault is dangerous
D. Invalid only if no intent
Answer: B
Explanation: Assault merges with the killing
Mark accidentally starts a small fire in a building. Instead of putting it out, he leaves. The fire spreads, causing major damage.
Which is most accurate?
A. No liability because the fire was accidental
B. Liability. because mark created the risk and had a duty to act
C. No liability because omission is never punishable
D. Liability only if mark intended the damage
Answer: B
Explanation: A duty arises when the defendant creates the danger.
T fails to notice a serious risk that a reasonable person would have noticed.
What is T's mens rea?
A. Reckless
B. Purposeful
C. Negligent
D. Knowing
Explanation: Should have known = negligence
D carelessly leaves a child in a hot car, resulting in death, without realizing the risk.
What is the best classification?
A. Reckless manslaughter
B. Negligent Homicide
C. Murder
D. Strict Liability
Answer: B
Explanation: Failure to perceive risk = negligence