SCCJA LEGALS UNIT 3 - ANSWERS Question :Elements of Public Disorderly...

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SCCJA LEGALS UNIT 3

QUESTIONS WITH CORRE CT

ANSWERS

Question :Elements of Public Disorderly Conduct (PDC)

Correct answer:1.The accused was on any highway or at a

public place or public gathering grossly intoxicated or otherwise conducting himself in a disorderly or boisterous manner OR

• The accused was using obscene or profane language in

hearing distance of school, church or any public place OR

• While under the influence or feigning to be, the

accused discharged a firearm, without just cause or excuse, while upon or within 50 yards of any public road or highway, EXCEPT upon his own premises

Question :Public Disorderly Conduct (PDC)

Correct answer:Summary Court

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Question :Elements of Driving Under the Influence (DUI)

Correct answer:It is unlawful for a person to drive a

motor vehicle within this State while UNDER THE:

INFLUENCE OF ALCOHOL to the extent that the persons faculties to drive are materially and appreciably impaired; OR

INFLUENCE OF ANY OTHER DRUG OR

COMBINATION OF OTHER DRUGS OR

SUBSTANCES which cause impairment to the extent that the persons faculties to drive are materially and appreciably impaired; OR

COMBINED INFLUENCE OF ALCOHOL AND ANY

OTHER DRUG OR DRUGS, OR SUBSTANCES which cause impairment to the extent that the persons faculties to drive are materially and appreciably impaired

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Question :Driving Under the Influence 1st Offense

Correct answer:Summary Court

Question :Driving Under the Influence 2nd Offense or

Subsequent Offenses

Correct answer:General Sessions

Question :State v. Singleton

Correct answer:In 1995 (DUI) Moped

Question :Define "Faculties" in (regarding to DUI)

Correct answer:1. an ability, natural or acquired, for a

particular kind of action

• one of the powers of the mind, as memory, reason, or

speech

Question :Define "Subsequent"

Correct answer:coming after something in time; following

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Question :Elements for Murder

Correct answer:1. Unlawful killing of another person

• With malice aforethought, either express or implied

(formed ahead of time...yes it can be seconds before as well)

Question :Murder

Correct answer:General Sessions

Question :Elements for Voluntary Manslaughter

Correct answer:1. Unlawful killing of another person

• Without Malice (in order to be without malice, the

killing must be done in SUDDEN HEAT OF PASSION and upon adequate provocation)

Question :Voluntary Manslaughter

Correct answer:General Sessions

Question :Elements for Involuntary Manslaughter