a How did the answer to this question influence the courts holding on mistake

A how did the answer to this question influence the

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a. How did the answer to this question influence the court’s holding on mistake of fact as a defense to rape in MA? b. Why did the court suggest that mistake of fact is a valid defense when rape law is more aligned with the “reform” approach? 9. Why did the Lopez court qualify its decision by indicating that there may be situations where a mistake of fact instruction is required? 10.In states that allow for a mistake of fact defense to consent, what must the prosecution prove in order to convict once evidence of mistake is raised? a. Would prior relationship between the parties be a relevant factor in assessing an alleged mistake? 11.Why did the trial court reject Mike Tyson’s mistake of fact instruction request when he was tried for rape?
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a. Mistake means . . . b. Ambiguity means . . . 12.How does the law address the issue of a sleeping or incapacitated victim? 13.When will “fraud” invalidate consent and support a rape conviction?
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Battery, Assault, Kidnapping 1. What is the definition of Battery? a.Actus:b.Reus:c.MR: 2. What are the three common additional elements that transform simple battery to aggravated battery? a. . b. . c. . 3. What is the definition of CL Mayhem? 4. What is the CL standard for satisfying the element of “harmful or offensive touching”? a. Forcible contact. b. Inflicted by: c. That: i. . ii. . 5. Based on the evidence in Gordon, is it possible the jury may properly convict the defendant if he is retried? 6. How does the Gordon court define the two types of assault: a. . b. . 7. How does the Shea court define “deadly weapon”? 8. Why did the court conclude that the ocean did not qualify as a deadly weapon for purposes of the aggravated battery charge? 9. What was the definition of original CL assault? 10. What is meant by the “tort” type assault? 11. So what are the two theories of proving assault in modern JXs? a. . b. .
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12. Why wasn’t Robinson guilty of an “attempt battery” type assault? a. Does the evidence have to prove that the victim was in actual fear to convict on this theory of assault? b. If not, what must the evidence prove to convict for an “apprehension” assault? 13. What was the original CL definition of kidnapping? 14. What was the “asportation” requirement for original CL kidnapping? 15. How did US JX’s originally modify this asportation requirement? 16. What are the three common elements of kidnapping?
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Attempt 1. What the two ‘types’ of Attempt? 2. What is a “target” offense? 3. What distinguishes a complete from an incomplete attempt? a. Give an example of a “completed” attempt? b. Give an example of an “incomplete” attempt? 4. What is the ‘dual’ MR for proving an attempt at CL? a. Is it possible to commit a CL attempt for a target offense based on reckless or grossly negligent conduct? b. Is it possible to commit a CL attempt for a target offense requiring no mens rea (strict liability)?
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  • Spring '10
  • Test, criminal law

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