Insuperable Cause - Some Motive Which Has Lawfully, Morally, or Physically Prevented A Person To Do What The Law Commands. Elements

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Insuperable Cause – some motive which has lawfully, morally,

or physically prevented a person to do what the law commands.


Elements:
1. an act is required by law to be done
2. a person fails to perform such act
3. his failure to perform such act was due to some lawful insuperable
cause

Absolutory causes – where the act committed is a crime, but for some
reason of public policy and sentiment, there is not penalty imposed.
Exempting and justifying circumstances are absolutory causes.

Examples:
1. spontaneous desistance in Article 6
2. no available transportation – officer not liable for arbitrary detention
3. death or physical injuries inflicted under exceptional circumstances

3. It is a kind of aggravating circumstance which apply to all


    crimes.
        A. Generic aggravating circumstance
        B. Specific aggravating circumstance
        C. Qualifying aggravating circumstance
        D. Inherent aggravating circumstance

4. A kind of aggravating circumstance that change the nature


    of the crime.
        A. Generic aggravating circumstance
        B. Specific aggravating circumstance
        C. Qualifying aggravating circumstance
        D. Inherent aggravating circumstance

5. A kind of aggravating circumstance which of necessity


    accompany the commission of the crime.
        A. Generic aggravating circumstance
        B. Specific aggravating circumstance
        C. Qualifying aggravating circumstance
        D. Inherent aggravating circumstance
6. A kind of aggravating circumstance which arise under special
    conditions to increase the penalty of the offense and can not
    be offset by mitigating circumstances.
        A. Generic aggravating circumstance
        B. Special aggravating circumstance
        C. Inherent aggravating circumstance
        D. Qualifying aggravating circumstance

7. In Criminal Law, nighttimeas an aggravating circumstance


    is also referred to as
        A. Obscuridad
        B. Despoblado
        C. Encuadrilla
        D. None of the Above

8. In Criminal Law, uninhabited place as an aggravating


    circumstance is known as
        A. Obscuridad
        B. Despoblado
        C. Encuadrillia
        D. None of the Above

9. In Criminal Law, Band to be considered aggravating


        A. There must be three or more armed men
        B. There must be four or more armed men
        C. There must be five or more armed men
        D. There must be six or more armed men

10. En Cuadrillia means


        A. Uninhabited place
        B. Band
        C. Nighttime
        D. None of the Above

3.     A
4.     C
5.     D
6.     B
7.     A
8.     B
9.     B
10.   B

10. Astucia means


        A. Craft
        B. Fraud
        C. Disguise
        D. None of the Above
11. Disfraz means
        A. Craft
        B. Fraud
        C. Disguise
        D. None of the Above

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