Bar review

Question 1

Essential Elements of Crimes

Answer 1

Act Requirement
Mental State
Causation
Concurrence Principle

Question 2

Inchoate offenses

Answer 2

Solicitation
Attempt
Conspiracy

Question 3

Defenses

Answer 3

Insanity
Voluntary Intoxication
Infancy
Mistake
Self-Defense
Necessity
Duress
Entrapment

Question 4

Specific Intent Crimes

Answer 4

assault
larceny
embezzlement
false pretenses
robbery
forgery
burglary
solicitation
conspiracy
attempt

Question 5

Defenses only for Specific Intent Crimes

Answer 5

Voluntary Intoxication

Mistake of Fact

Question 6

Malice Crimes

Answer 6

Murder

Arson

Question 7

General Intent Crimes

Answer 7

Battery
Forcible Rape
False Imprisonment
Kidnapping

Question 8

Strict Liability Crimes

Answer 8

Statutory Rape

Public Welfare Offenses

Question 9

Common Law Specific Intent

Answer 9

When the crime requires not just the desire to do the act, but also the desire to achieve a specific result.

Question 10

Common Law Malice

Answer 10

When a defendant acts intentionally or with reckless disregard of an obvious or known risk.

Question 11

Common Law General Intent

Answer 11

D need only be generally aware of the factors constituting the crime

Question 12

MPC Purpose

Answer 12

Conscious desire is to achieve a particular result - that is what he wants to do

Question 13

MPC Knowledge

Answer 13

D acts knowingly when he is aware of what he is doing. With respect to result, he is aware that it is practically certain that his conduct will cause that result

Question 14

MPC Recklessness

Answer 14

Aware of a substantial and unjustifiable risk, and he consciously disregards that risk

Question 15

MPC Negligence

Answer 15

Should have been aware of a substantial and unjustifiable risk.

Question 16

Crim. Proximate Cause

Answer 16

the bad result is a natural and probable consequence of the defendant’s conduct - lack of unforeseeable intervening event

Question 17

Requirement to have mental state at the time of the culpable act

Answer 17

Concurrence principle

Question 18

Common Law Battery

Answer 18

general intent - unlawful application of force to another resulting in injury or offensive touching

Question 19

Common Law Assault

Answer 19

specific intent - Attempted Battery or

Intentional creation other than by mere words of a reasonable fear in the mind of the victim of imminent bodily harm.

Question 20

CL Murder

Answer 20

causing death of another person with malice aforethought

intent to kill or
intent to inflict serious bodily harm or
reckless indifference to human life or
intentional commission of an inherently dangerous felony

Question 21

CL Voluntary Manslaughter

Answer 21

Killing intentionally in the head of passion upon adequate provocation

Question 22

CL Involuntary Manslaughter

Answer 22

Killing during the commission of a misdemeanor or
Unintentional kill committed with criminal negligence - a gross deviation from a reasonable standard of care
MPC- recklessness

Question 23

False Imprisonment

Answer 23

General Intent - Unlawful confinement of a person without consent

Question 24

Kidnapping

Answer 24

False imprisonment with moving the victim or concealing the victim in a secret place

Question 25

Forcible Rape

Answer 25

``` General intent - sexual intercourse without consent with force or threat of force or unconscious victim ```

Question 26

Statutory Rape

Answer 26

Strict liability - Sexual intercourse with someone under age of consent minority/MPC = reasonable mistake of age a defense

Question 27

Larceny

Answer 27

Trespassory taking and carrying away personal property in another's lawful custody with intent to permanently retain.

Question 28

Embezzlement

Answer 28

Conversion, with intent to defraud, of personal property of another by someone in lawful possession.

Question 29

ultra vires

Answer 29

beyond the scope

Question 30

standing

Answer 30

injury causation redressability

Question 31

organizational standing

Answer 31

member has standing to sue germane to organization's purpose claim nor relief requires participation of individual members

Question 32

exception to no taxpayer standing

Answer 32

expenditures in violation of establishment clause

Question 33

ripeness exceptions

Answer 33

hardship will be suffered without pre-enforcement review and fitmess of the issues and record for judicial review

Question 34

mootness exceptions

Answer 34

wrong capable of repetition evading review voluntary cessation class action suits where some class member's claim not moot

Question 35

state laws burdening interstate commerce

Answer 35

discrimination against out of staters = possible priv. and immunities clause of Art. 4 no discrim against out of staters = possible dormant commerce clause

Question 36

dormant commerce clause test

Answer 36

if burdens interstate commerce, violates the dormant commerce clause unless necessary to achieve an important gov. purpose exceptions for: congressional approval market participant exception

Question 37

Art 4 priv and immunities

Answer 37

must discriminate against: out of state, citizen, non-corporations then violates unless necessary to achieve important gov. purpose.

Question 38

state taxes on interstate commerce requirements

Answer 38

not used to help in-state buisness must be a substantial nexus to the state must be fairly apportioned.

Question 39

Full faith and credit requirements

Answer 39

Jurisdiction over parties and subject matter; final judgment; on the merits exceptions: penal, extrinsic fraud

Question 40

Lowest level of const. scrutiny

Answer 40

Rational Basis: | rationally related to any legitimate gov. purpose, Burden of Proof on Challenger

Question 41

Middle level of const. scrutiny

Answer 41

Intermediate Scrutiny : | Substantially related to the actual important gov. purpose, Burden of Proof on Gov.

Question 42

Highest level of const. scrutiny

Answer 42

Strict Scrutiny: | Necessary for the actual compelling gov. purpose, Burden of Proof on the Gov.

Question 43

test for regulatory taking

Answer 43

leave no reasonable economically viable use of the property

Question 44

privacy/ abortion rights test

Answer 44

undue burden | prior to viability, states may only regulate w/o placing an undue burden.

Question 45

test for regulations of electoral process to prevent fraud

Answer 45

on balance desireable

Question 46

Equal protection applied to fed. gov

Answer 46

through the 5th amendment due process clause

Question 47

gender classification

Answer 47

intermediate scrutiny for women based on role stereotypes= not allowed for women to remedy past discrim. = allowed

Question 48

laws punishing group membership test

Answer 48

a. actively affiliated with the group; b. knowing of its illegal activities; and c. with the specific intent of furthering those illegal activities.

Question 49

establishment clause

Answer 49

i. there must be a secular purpose for the law ii. the effect must be neither to advance nor inhibit religion iii. there must not be excessive entanglement with religion b. The government cannot discriminate against religious speech or among religions unless strict scrutiny is met.