JURI 540 Quiz 3

  1. Statutes in the jurisdiction define criminal assault as “an attempt to commit a criminal battery” and criminal battery as “causing an offensive touching.”
    As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face with his hand. Margaret, fearful of being struck by Edward, pushed Edward away.
    If charged with criminal assault, Edward should be found
  2. Assault is defined by statute as “any act which is intended to place another person in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.” Assault with a deadly weapon is defined by statute as “any assault that is carried out by means of a gun or other deadly weapon.” Harassment is defined by statute as “any intentional act which would cause a reasonable person to feel oppressed, persecuted, or intimidated, and which causes such a reaction on the part of the victim.” Mary Grande gets mad at her neighbor for constantly allowing her dog to trample Grande’s garden. Grande sees her neighbor, pulls out a gun, aims it at the neighbor, and shouts, “You dirtbag! I’m tired of dealing with all the damage caused by your dog! I’m going to shoot you in the head, and your little dog, too!” In reality, the gun is unloaded. The neighbor runs away screaming and calls the police. Grande is convicted of assault, assault with a deadly weapon, and harassment.
    What is the best argument on appeal for Grande to get one or more of her convictions reversed?
  3. In a jurisdiction where the statutory definition of first-degree murder includes any deliberate or premeditated murder or one occurring during the commission of a robbery, two drifters exchange insults at a deserted freight yard and get into a fistfight. After an exchange of blows in which one is badly beaten, the loser pulls a knife from his pocket and kills the other. The survivor examines the victim, removes all identifying documents from his wallet, replaces the wallet, and leaves.
    Assuming that the homicide is murder, is the killer guilty of first-degree murder if he did not deliberate or premeditate?
  4. Statutes in the jurisdiction define criminal assault as “an attempt to commit a criminal battery” and criminal battery as “causing an offensive touching.”
    As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face with his hand. Margaret, fearful of being struck by Edward, pushed Edward away.
    If charged with criminal battery, Margaret should be found
  5. Kim Jong lived off of a very busy road near downtown Philadelphia. One night when he was very angry at hearing the constant noise of traffic outside the house, Jong took one of his 12 gauge shotguns, loaded it, and fired a bullet through his front door. Unknown to him, at the time he fired the shotgun, someone was driving by the house. The bullet went through the front door, through the window of the car, and killed the driver. Jong was convicted of murder and appeals his conviction. He contends that there was insufficient evidence to support a finding of murder. The court of appeals should rule that the evidence is:
  6. Assume that Lance and Jacques are racing 500 miles through the Moroccan desert on bicycles. The winner of this Tour de Sand, sponsored by the French Government, will bring home 1 million Euros. Each rider must carry his own water and fill up at every oasis he passes-and there aren’t many. Although Lance doesn’t know it, the French government has informed Jacques that it would be very happy if Lance never emerged from the desert. Lance and Jacques have been racing neck and neck, but Lance is finally feeling his age. Around 4:00p.m. he realizes that he has a torn muscle and will have to quit for the day. If he’s careful with his water, it will last him until he gets to the next oasis. Jacques also stops and informs Lance that by tomorrow evening he will be dead. Jacques tells Lance that he is going to ride on to the next oasis, fill his canteen, and then poison the oasis with arsenic. There is no way for Lance to make it back to the previous oasis. It’s simply too far. Unless Lance can keep up with Jacques, or beat him to the next oasis, Lance will find himself with nothing but poison to drink when he gets there. Lance knows he can’t keep up with Jacques, but he is determined to try. They begin racing again, each as fast as he can go, but it’s clear within 100 yards that Lance will not be able to keep up. As Jacques is just about to crest a sand dune, Lance swiftly draws his concealed handgun and shoots Jacques through the head, killing him instantly. Lance finishes the course at a leisurely pace and then collects his prize money from a very unhappy French government. The French get their revenge by instructing the Moroccans to charge Lance with murder.
    Which of the following is a TRUE statement about Lance’s case under Common law?
  7. In which of the following situations is defendant most likely to be guilty of common law murder:
  8. The statute provides: “Rape is sexual intercourse with a person who does not consent to the sexual intercourse, under any of the following conditions: (1) when the sex is obtained by using force or the threat of force; or (2) when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug, or other substance.” Charlie and Debbie went to a bar. Both drank heavily, and Debbie began to stumble and slur her words. Charlie asked Debbie if she wanted to go home with him, and Debbie nodded her head yes. At Charlie’s home, Charlie began to fondle Debbie. Debbie was too drunk to fight back, or even to make a sound decision about whether or not she wanted to have sex with Charlie. Charlie removed Debbie’s clothes and had sexual intercourse with her.
    Under the MPC, did Charlie commit rape?
  9. John was fired from his job. Too proud to apply for unemployment benefits, he used his savings to feed his family. When one of his children became ill, he did not seek medical attention for the child at a state clinic because he did not want to accept what he regarded as charity. Eventually, weakened by malnutrition, the child died as a result of the illness.
    John has committed:
  10. Defendant, an avid fan of his hometown football team, shot at the leg of a star player for a rival team, intending to injure his leg enough to hospitalize him for a few weeks, but not kill him. The victim died of loss of blood.
    Select the most serious offense of which the defendant could properly be convicted under Common Law:
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