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CRIMINAL LAW (D.P.

1) – 2014

QUESTIONNAIRE FOR THE FIRST CLASS AND THE FINAL EXAM

(TO ANSWER THESE QUESTIONS CHECK: BOOKLET OF THEORY (EL GARAGE – DERECHO PENAL Y
PROCESAL PENAL THEORY (Gilbert Law Summaries); THE US. LAW; THE US CONSTITUTION
(AMENDMENTS); BLACK’S, AND THE LIKE) DO NOT BUY THE TRANSLATIONS SINCE WE ARE
GOING TO CHANGE THE BOOKLET.

1. Define crime.
2. Which are the sources of Criminal Law in US? Mention and describe briefly.
3. Classification of crimes. Describe briefly.
4. What is the ‘due process requirement’?
5. Who has the burden of the proof in criminal law? Describe briefly.
6. What do the 5th and 14th Amendments state?
7. What do we mean by ‘double jeopardy’? Are there any prohibitions?
8. May defendants (the persons who committed the crime) incur in ‘overlapping
liability’?
9. What do we mean by related crimes and merger of offenses? Explain.
10. Elements of a crime. Describe (actus reus; mens rea; defendant’s failure to act;
strict liability crimes; concurrence of actus reus and mens rea.
11. Model Penal Code: classification of state of mind (negligence v. recklessness;
knowledge v. recklessness; knowledge v. purpose and intent)
12. Parties to the crime according to Common Law classification. Parties to felonies.
Enumerate and describe briefly.
13. Parties to the crime under Modern Statute. Enumerate and describe briefly.
14. Describe briefly the difference between:
a. Abetting and inciting;
b. Attempt and conspiracy;
c. Solicitation

15. Describe and define vicarious liability (liability for acts of another).
16. Which are the defenses to criminal liability available to the defendant? Enumerate
and describe briefly. (infancy; insanity; diminished capacity; intoxication; ignorance
or mistake of fact; ignorance or mistake of law; necessity or justification; duress;
entrapment; consent and related matters; self-defense; defense of others;
protection of property; protection of dwelling; use of force to effectuate arrest;
crime prevention; public authority; domestic authority)
17. Define homicide.
18. Classification of homicide offenses under the Common Law and under the Modern
Law. Mention and define
19. Define murder. Degrees of murder. Explain briefly.
20. Explain the felony murder rule.
21. Define voluntary manslaughter.

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22. Difference between assault and battery.
23. Define involuntary manslaughter.
24. What is meant by criminal negligence and misdemeanor manslaughter?
25. Enumerate and define briefly other crimes against the person.
26. Define and describe briefly the crimes against the habitation.
27. Define and describe briefly the crimes against property- acquisition offenses.
28. Define and describe briefly the offenses against the government.
29. Define and describe briefly the offenses against the administration of justice.

30. Make a chart which shows the definition and characteristics of the types of
crimes in the Argentinian, U.S. and U.K. systems:

CRIMES ACCORDING TO US CRIMES ACCORDING TO ARG. CRIMES ACCORDING TO


LAW LAW UK LAW

[state the group and the [especificar la tipificación de IDEM


different crimes] los delitos]
[state crime/offense: definition [indicar el delito: definición y IDEM
and main characteristic] características principales]
[state crime/offense: definition [indicar el delito: definición y IDEM
and main characteristic] características principales]
[state crime/offense: definition [indicar el delito: definición y IDEM
and main characteristic] and so características principales]
on….

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