Actus Reus Self-Quiz

 

 

 

 

 

Mike is an honors student who has just graduated at the top of his high school class and will be attending Harvard University in the fall. Unfortunately, Mike falls in with a bad crowd during the summer and one of Mike’s new friends, a heroin addict, convinced Mike to try drugs. Within a month, Mike is an addict himself. He gives up his place at Harvard and, over the next two years, does nothing but sell and use a variety of illegal drugs. One day, Mike is picked up in a police sweep and is put in prison for violating a statute that has criminalized the sale, use and addiction to illegal substances. If Mike is charged with using heroin and being a heroin addict, he will be:
Choice 1 Convicted, of both
Choice 2 Convicted, for the use of heroin but not for being addicted to heroin
Choice 3 Convicted, for being addicted to heroin but not for using heroin
Choice 4 Acquitted, on both charges

The state legislature has recently passed the “Anti-Drug Proliferation Act” which makes it a crime to intentionally synthesize, process, package and sell any kind of illegal drug. Mike is charged with violating this statute. During the trial, the prosecution successfully proves that Mike intentionally processed, packaged and sold drugs. However they cannot prove that Mike synthesized the drugs. Despite this, the fact that the prosecution proved three of the four elements of the crime will be enough to win a conviction:
True
False
Jack and Jill go up the hill to fetch a pail of water. On the way down, Jack trips and hits his head on a rock. The blow to Jack’s head blacks him out. When he comes to, he sees Jill lying next to him with blood covering her face. Jack has no idea what has happened to Jill. When Jill comes to, she goes to the police and claims that, after Jack hit his head, he got up and began to wildly swing his arms, one of which hit Jill in the face and broke her nose. If Jack is tried for criminal battery, he will probably be:
Choice 1Convicted, because he did actually hit Jill
Choice 2 Convicted, because he should have been more careful while walking down the hill
Choice 3 Acquitted, because hitting Jill was an accident
Choice 4 Acquitted, because Jack’s hitting Jill was not volitional
Jack and Jill go up the hill to fetch a pail of water. Thinking that this chore will take a few hours, Jack packs some snacks for the trip. Although Jack knows that he is highly allergic to chocolate he packs several chocolate bars and chocolate cookies along with some sandwiches. During the hike up the hill, Jack eats three of the chocolate bars and has a severe allergic reaction which temporarily blacks him out. When he comes to, he sees Jill lying next to him with blood covering her face. Jack has no idea what has happened to Jill. When Jill comes to, she goes to the police and claims that, after Jack ate the chocolate, he began to wildly swing his arms, one of which hit Jill in the face and broke her nose. If Jack is tried for criminal battery, he will probably be:
Choice 1 Convicted, because he did actually hit Jill
Choice 2 Convicted, because it was his own fault that he fell into his state of unconsciousness
Choice 3 Acquitted, because hitting Jill was an accident
Choice 4 Acquitted, because Jack’s hitting Jill was not volitional
Orion is an avid hunter and he invites his friend, Artimus, to his hunting lodge for a weekend. After a long day chasing deer and rabbits, Orion and Artimus return to the lodge exhausted. Orion places his hunting rifle, still loaded, on the table and falls into bed. Orion knows that he is a frequent sleepwalker and that he has been prone to violent outbursts while he sleepwalks. Usually, as a precaution, he unloads all of his weapons and places the guns and the ammunition in different locked closets around the lodge. However, tonight, he is simply too tired. During the night, Orion has a sleepwalking episode and, in a violent outburst, shoots and kills Artimus. If Orion is tried for murder, we will probably be:
Choice 1 Acquitted, because his actions were not volitional
Choice 2 Acquitted, because shooting Artimus was an accident
Choice 3 Convicted, because Orion knew that he might hurt Artimus while unconscious and he did not take the necessary precautions
Choice 4 Convicted, because he actually did shoot Artimus
Orville and Wilbur, two best friends, are hiking along a river looking for a good fishing spot. Orville trips over a rock and falls into the river. Orville cannot swim and he begins to flail around trying to keep his head above the water. Wilbur is highly amused by his friend’s plight and, instead of helping Orville, he sits down on the banks of the river and begins laughing at him. The current sweeps Orville downstream and Orville eventually drowns. If Wilbur is charged with murder, he will be:
Choice 1 Acquitted, because he had no duty to help Wilbur
Choice 2 Acquitted, because Orville should have been more careful walking along the river banks
Choice 3 Convicted, because Wilbur could have helped Orville had he chosen to
Choice 4 Convicted, because Wilbur saw that Orville needed his help
Orville and Wilbur, two best friends, are hiking along a river looking for a good fishing spot. Orville trips over a rock and falls into the river. Orville cannot swim and he begins to flail around trying to keep his head above the water. The current begins to sweep Orville away and Wilbur grabs a branch and starts to chase after Orville so that he can fish Orville out of the water. Several bystanders are in a position to help Orville as well but they do nothing when they see that Wilbur is helping. Wilbur has almost caught up to Orville when he decides to go back to the fishing spot and let Orville fend for himself. At this point, it is too late for anybody else to help Orville. The current sweeps Orville downstream and Orville eventually drowns. If Wilbur is charged with murder, he will be:
Choice 1 Acquitted, because he had no duty to help Wilbur
Choice 2 Acquitted, because Orville should have been more careful walking along the river banks
Choice 3 Convicted, because Wilbur voluntarily undertook to help Orville and by stopping, he left Orville in a worse position than had he not tried to save Orville in the first place
Choice 4 Convicted because Wilbur saw that Orville needed his help
Orville and Wilbur, two best friends, are hiking along a river looking for a good fishing spot. As they are walking, Wilbur plays a joke on Orville by pushing him into the river. Orville cannot swim and he begins to flail around trying to keep his head above the water. Wilbur is highly amused by his friend’s plight and, instead of helping Orville, he sits down on the banks of the river and begins laughing at him. The current sweeps Orville downstream and Orville eventually drowns. If Wilbur is charged with murder, he will be:
Choice 1 Acquitted, because he had no duty to help Wilbur
Choice 2 Acquitted, because Orville should have been more careful walking along the river banks
Choice 3 Convicted, because Wilbur could have helped Orville had he chosen to
Choice 4 Convicted because Wilbur intentionally put Orville in danger
Wilbur and his son Orville are hiking along a river looking for a good fishing spot. Once they find a spot, Wilbur lies down under a tree and falls asleep. While Wilbur is asleep, Orville falls into the river. Orville cannot swim and he begins to flail around trying to keep his head above the water. Wilbur is in a deep sleep and never hears Orville thrashing around and calling for help. The current sweeps Orville downstream and Orville eventually drowns. If Wilbur is charged with murder, he will be:
Choice 1 Acquitted, because he had no duty to help Wilbur
Choice 2 Acquitted, because Wilbur did not know that Orville needed help
Choice 3 Convicted, because Wilbur should not have fallen asleep
Choice 4 Convicted because Wilbur was Orville’s father

Wilbur and his son Orville drive up to their favorite fishing spot along the river. Wilbur, who is nursing a broken leg, is sitting in a beach chair on the banks of the river while Orville plays in the water. Orville slips on some rocks, hits his head and is knocked unconscious. Because of his leg, Wilbur cannot to anything to help his son. However, he pulls out his cellular phone and calls for help. Unfortunately, by the time help arrives, the current has swept Orville downstream and Orville had drowned. If Wilbur is charged with murder, he will be:

Choice 1 Acquitted, because he had no duty to help Wilbur
Choice 2 Acquitted, because he did what he could to help Orville
Choice 3 Convicted, because Wilbur should not have fallen asleep
Choice 4 Convicted because Wilbur was Orville’s father

© 2003 - 2018 National Paralegal College