問題一覧
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branch of law which defines crimes,threats of their nature and provide for their punishment.
Criminal Law
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Is an act committed or omitted in violation of a public law forbidding or commanding it.
Crimes
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An act committed or omitted in violation of Revised Penal Code
Felony
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An act committed or omitted in violation of Special Penal Law
Offense
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An act committed or omitted in violation City or Municipal Ordinance
misdemeanor
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Is a law that makes criminal an act done before the passage of the law and which was innocent when done and punishes such an act
Ex post facto law
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Is a law which inflicts punishment without trial
Bill of Attainder
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What are the 3 Characteristics of Criminal Law
Generality,Prospectivity,Territoriality
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Criminal law is binding on all persons who live or sojourn in the Philippines,regardless of the age,sex, or nationality
Generality
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All are Exemption of the General Characteristics ,Except.?
when the offender is a habitual criminal
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Criminal laws cannot make an act punishable in manner in which it was not punishable when committed.
Prospectivity
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Criminal law are applicable only if the crime committed within the Philippine Territory
Territoriality
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is an official representative of a government who resides in a foreign country to assist and protect citizens of the consul's country, and to promote and facilitate commercial and diplomatic relations between the two countries.
Consul
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The body of water beyond the maritime zone is called ?
High Seas
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crimes are triable in that country unless they merely affects things within the vessel ot they refer to the internal management thereof.
English Rule
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crimes are not triable in the courts of the country unless their commission affects the peace and security of the territory or the safety of the state is endangered
French Rule
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RPC took effect on
January 1,1932
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RPC approved on
December 8,1930
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The basis of criminal liability is human free will and the process of penalty is retribution
Classial (Juristic) Theory
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Man is subdued occasionally by a strange and morbid phenomenon which constrain him to do wrong.
Positivist (Realistic) Theory
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combination of the good features of both classical and the positivist theories
Electic Theory
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The law hears before it condemns
Due Process
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Lenient to the offender and the other one is harsh or not favorable to the offender, theb the interpretation which is favorable to the accused should be applied
Doctrine of pro reo
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All are requisite of Dolo(Deceit),Except.?
Negligence
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All are requisite of Fault(Culpa), Except.?
Intent
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Single act constituting less grave or less grave felonies
complex crime
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Is a misapprehension of fact on the part of the person who caused injury to another.
Mistake of Fact
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Ignorance of a fact is an excuse
IGNORANTIA FACTI EXCUSAT
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Ignorance of the law excuses no one
IGNORANTIA LEGIS NON EXCUSAT
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Is that cause which the ordinary and continuous sequence, unbroken by any efficient intervening cause produces the injury
Proximate Cause
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Are those the break the relation of cause and effect.
Effecient Intervening Cause
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The moving power which impels one to action for a definite result.
Motive
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Is the purpose to use a particular means to effect such result.
Intent
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Error in Personae means
mistake in Identity
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Aberratio ictus means
Mistake in the blow
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Praeter Intentionem means
the result done is greater than that originally intended
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Thise crimes which would have been committed against person or property were is not for the inherent impossibility of its accomplishments or on account of the employment of inadequate or ineffectual means.
Impossible crime
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What stages of execution of felonies when all the elements necessary for its execution and accomplishment are present
Consumated Felony
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What stages of execution of felonies when the offender performs all the acts of execution which would produce the felony as a consequence but which,nevertheless do not produce it by reason of causes independent of the will of the perpetrator.
Frustated Felony
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What stages of execution of felonies ,is an attempt when the offender commences the commission of a felony directly by overt acts and does not perform all the acts of execution
Attempted Felony
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Are crimes consumated in one instant
Formal crimes
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Are crimes that have three stages of execution.
Material Crimes
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What kinds of rape which known Traditional Rape
Rape by Sexual Intercourse
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Is the portion of the acts constituting the crime starting from the point where the offender begins the commission of the crime to the point where he still has control
subjective phase
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Acts has no control or out of control
Objective phase
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The person who has decided to commit a felony propose its execution to some other person
Proposal
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when two or more person come to an agreement concerning the commission of a felony and decide to commit it
Conspiracy
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Circumstances that free from criminal and civil liabilities
Justifying Circumstances
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all are requisite of Self Defense,Except one
in case the provocation was given by the person attacked,that the one making the defense had no part therein
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All are requisite of defense of relatives, Except one.
The person definding be not induced by revenge resentment or other evil motive
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All are requisite of defense of strangers,Except one.
Lack of sufficient provocation on the part of the person defending himself
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Woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to od something he wants her to do without concern for her rights
Battered wife
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Are th grounds for the exemption from punishment because those is wanting /missing in the agent of the crime any of the conditions which make the act voluntary or negligent
Exempting Circumstances
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A person advanced in age but has a mental capacity equivalent to that of a child between 2-7yrs old
Imbecility
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One which exists when there is a complete deprivation of intellegence in committing the criminal act
Insanity
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Any person who,while performing a lawful act, with due care, cause an injury by mere _______ without fault or intention of causing it.
Accident
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A force which produces such an effect upon and individual that in spite of all resistance,it reduces him to a mere instrument and such capable of commiting a crime
Irresistible force
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those which if present in the commission of a crime do not entirely, free the actor from criminal liability but reduce only the penalty
Mitigating Circumstances
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Are those which if attendant in the commission of the offense, would serve to increase the penalty
Aggravating Circumstances
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One who at the time of his trial for one crime,shall have been previously convicted by final judgment of another crime embraced in the same title of the revised penal code
Recidivist