Memorize! All subjects...

Question 1

Hearsay

Answer 1

an out-of-court statement made for the truth of the matter asserted

Question 2

attempted crime (attempted murder)

Answer 2

An attempt requires a specific intent to commit a criminal act coupled with a substantial step taken toward the commission of the intended crime, which fails to be completed.

Lying in wait for the victim or possessing materials required for the crime, may constitute a substantial step if they corroborate the defendant’s criminal purpose

Question 3

Involuntary manslaughter

Answer 3

an unintentional homicide committed with criminal negligence or during an unlawful act.

Question 4

Accomplice

Answer 4

acts with the purpose of promoting or facilitating the commission of the offense. (MPC)

Mere knowledge is not enough.

Question 5

habeas corpus

Answer 5

The “Great Writ” of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment.

Question 6

Wharton Rule

Answer 6

Prohibits the prosecution of two persons for conspiracy to commit a particular offense when the offense in question can only be committed by at least two persons

Question 7

manifest necessity

Answer 7

a circumstance which is an overwhelming and unforesseable nature that the reaching a fair result is impossible and which neccistates the declaration of a mistrial

Example: juror misconduct, hung jury, illness of counsel

♦ If there is a manifest necessity for the declaration of a mistrial, the defendant may be retried without violation of the prohibition on double jeopardy.

Question 8

Intentional Infliction of Emotional Distress (IIED)

Answer 8

Intentionally or recklessly engages in extreme and outrageous conduct that causes severe emotional distress