Crim Law

Question 1

Elements of a Crime
Acronym

MACAC

Answer 1

Elements of a Crime
Acronym MACAC, Mens, Actus, Causation, Attendant, Concurrence
Actus Reus - the wrongful act; or the wrongful failure to act (question of fact)
Mens Rea - the mental state / intent at the time of conduct (question of fact)
Causation - did the actus reus cause the prohibited outcome? Causation in criminal law is stricter than in civil law because lives are at stake
Attendant Circumstances - conditions that must be present to make the actus reus violative / make the other elements operative
Concurrence - these elements must all must occur together

Question 2

Actus Reus Elements

VAOR

Answer 2

Actus Reus Elements (VAOR, Voluntary, Affirmative, Omission, Result)
A voluntary,
Affirmative act OR
An omission (failure to act) that
Causes a criminally prescribed result

Question 3

The following are NOT voluntary acts (

RUNPH

Answer 3

The following are NOT voluntary acts (RUNPH, Reflex, Unconsciousness, Not Product, Hypnosis)
A reflex or convulsion
A bodily movement during unconsciousness or sleep
Conduct during hypnosis or resulting from hypnotic suggestion
A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual

Question 4

Sources of legal duty to provide care (

FaCaVoCo

Answer 4

Sources of legal duty to provide care (FaCaVoCo, Family, Caretaker, Voluntary, Contract)
Family Relationship
Status Relationship Between Caretaker and Person to Be Cared For
Contract To Provide Care
Voluntary Assumption of Responsibility

Question 5

Omission as a crime (Model Penal Code)
Elements

ED DI

Answer 5

Omission as a crime (Model Penal Code)
Elements (ED DI, Expressly Defining [or] Duty Imposed)
Liability for the commission of an offense may not be based on an omission unaccompanied by action unless
The omission is expressly made sufficient by the law defining the offense
OR
A duty to perform the omitted act is otherwise imposed by law

Question 6

Four categories of Specific Intent crimes

FIAT

Answer 6

Four categories of Specific Intent crimes (FIAT, First, Inchoate, Assault, Theft)
First-degree murder - not all murders
MBE questions will expressly state whether the defendant has been charged with first-degree murder
Inchoate Crimes (CAtS, Conspiracy, Attempt, Solicitation):
Conspiracy
Attempt
Solicitation
Assault with attempt to commit battery
Theft offenses: e.g., larceny, embezzlement, forgery, burglary, robbery

Question 7

Inchoate Crimes

CAtS

Answer 7

Inchoate Crimes (CAtS, Conspiracy, Attempt, Solicitation):
Conspiracy
Attempt
Solicitation

Question 8

Only two malice crimes

AM

Answer 8

Only two malice crimes (AM): Arson and Murder

Question 9

Hierarchy of Culpable Mental States (Model Penal Code)

PKRN

Answer 9

Hierarchy of Culpable Mental States (Model Penal Code) (PKRN)
Purpose - highest level of culpability
Knowledge -
Recklessness -
Negligence - lowest level of culpability
And some strict liability crimes

Question 10

Purposely

CORC

Answer 10

Purposely (CORC, Conscious Objective, Conduct, Result)
The defendant’s conscious objective is to engage in the conduct or to cause a certain result

Question 11

Knowingly or Willfully

ANPR

Answer 11

Knowingly or Willfully (ANPR, Aware, Nature, Practically Certain)
The defendant is aware that:
Her conduct is of the nature required to commit the crime; and
The result is practically certain to occur from this conduct

Question 12

Negligently

SA SU GD RP

Answer 12

Negligently (SA SU GD RP, Should Aware, Substantial Unjustifiable, Grossly Deviates, Reasonable Person)
The defendant should be aware of a substantial and unjustifiable risk and acts in a way that grossly deviates from the standard of care of a reasonable person in the same situation

Question 13

Two categories of merger

LI

Answer 13

Two categories of merger (LI, Lesser, Inchoate):
Lesser-included offenses; and
The merger of an inchoate and a completed offense

Question 14

Three potential parties to a crime

FAP

Answer 14

Three potential parties to a crime (FAP, Fact, Accomplice, Principal)
Principal
Conspirators are treated as a principal, guilty regardless of whether the crime was committed or not
Accomplice
Accessory after the fact

Question 15

Accomplice Withdrawal Requirements - The accomplice must

RCB

Answer 15

Accomplice Withdrawal Requirements - The accomplice must (RCB, Repudiate, Countermand, Before)
Repudiate prior aid
Do all that is possible to countermand prior assistance; and
Do so before the chain of events is in motion and unstoppable

Question 16

In addition to accomplice liability for the substantive crime, individuals who aid or abet a defendant to commit a crime may also be guilty of the separate crime of conspiracy if there was an

AOA

Answer 16

In addition to accomplice liability for the substantive crime, individuals who aid or abet a defendant to commit a crime may also be guilty of the separate crime of conspiracy if there was an (AOA, Agreement, Overt Act)
Agreement to commit the crime; AND
An overt act was taken in furtherance of that agreement

Question 17

The Mental States of Accomplices
Majority and MPC Approaches - the accomplice must:

APFI

Answer 17

The Mental States of Accomplices
Majority and MPC Approaches - the accomplice must: (APFI, Act, Promoting or Facilitating, Intend)
Act with the purpose of
Promoting or facilitating the commission of the offense; AND
The accomplice must intend that her acts will assist or encourage the criminal conduct

Question 18

The Mental States of Accomplices
Minority Approach - the accomplice is liable if

IKAC

Answer 18

The Mental States of Accomplices
Minority Approach - the accomplice is liable if (IKAC, Intentionally or Knowingly, Aids or Causes)
He intentionally or knowingly
Aids or causes another person to commit an offense

Question 19

A mistake of law is only a defense if

OIDN

Answer 19

A mistake of law is only a defense if (OIDN, Order, Interpretation, Definition, Negates)
The defendant relied on a court decision/administrative order or official interpretation
A statutory definition of a malum prohibitum crime was not available before the defendant’s conduct; OR
An honestly held mistake of law negates the required intent or mental state

Question 20

Insanity
Four Different Tests

MIDC

Answer 20

Insanity
Four Different Tests (MIDC, M’Naghten, Irresistible, Durham, Code):
M’Naghten: Defendant either did not know the nature of the act or did not know that the act was wrong because of a mental disease or defect
M’Naghten Test: most important test to determine if Defendant understood right from wrong, a purely cognitive test that evaluates Defendant’s knowledge; does not consider volition
To establish an insanity defense, it must be proved that the accused was (LNQW, Laboring, Nature, Quality, Wrong)
laboring under such a defect of reason, from disease of the mind, as
Not to know the nature and quality of the act he was doing; OR
If he did know, he did not know it was wrong
Irresistible Impulse: Defendant has a mental disease or defect that prevents the defendant from controlling himself.
Defendant is not guilty if he (SFMC, Self, Free, Mental, Conform)
Lacked the capacity for self-control and free choice
BECAUSE
Mental disease or defect
Prevented him from being able to conform his conduct to the law
Durham Rule: Defendant would not have committed the crime but for his having a mental disease or defect (rarely used because so defendant-friendly)
Model Penal Code: Due to a mental disease or defect, the defendant did not have substantial capacity to appreciate the wrongfulness of his actions or to conform his conduct to the law
MPC Insanity Test is a combination of the irresistible impulse test and the M’Naghten Test
MPC Insanity Elements (DMCWC, Due, Mental, Capacity, Wrongfulness, Conduct):
Due to a
Mental disease or defect
Defendant did not have substantial capacity
To appreciate the wrongfulness of his actions OR
To conform his conduct to the law
All four tests require that the defendant have a mental disease or defect. Being a sociopath is not enough to constitute insanity.

Question 21

M’Naghten Test: most important test to determine if Defendant understood right from wrong, a purely cognitive test that evaluates Defendant’s knowledge; does not consider volition
To establish an insanity defense, it must be proved that the accused was

LNQW

Answer 21

M’Naghten Test: most important test to determine if Defendant understood right from wrong, a purely cognitive test that evaluates Defendant’s knowledge; does not consider volition
To establish an insanity defense, it must be proved that the accused was (LNQW, Laboring, Nature, Quality, Wrong)
laboring under such a defect of reason, from disease of the mind, as
Not to know the nature and quality of the act he was doing; OR
If he did know, he did not know it was wrong

Question 22

Irresistible Impulse: Defendant has a mental disease or defect that prevents the defendant from controlling himself.
Defendant is not guilty if he

SFMC

Answer 22

Irresistible Impulse: Defendant has a mental disease or defect that prevents the defendant from controlling himself.
Defendant is not guilty if he (SFMC, Self, Free, Mental, Conform)
Lacked the capacity for self-control and free choice
BECAUSE
Mental disease or defect
Prevented him from being able to conform his conduct to the law

Question 23

MPC Insanity Test is a combination of the irresistible impulse test and the M’Naghten Test
MPC Insanity Elements

DMCWC

Answer 23

MPC Insanity Test is a combination of the irresistible impulse test and the M’Naghten Test
MPC Insanity Elements (DMCWC, Due, Mental, Capacity, Wrongfulness, Conduct):
Due to a
Mental disease or defect
Defendant did not have substantial capacity
To appreciate the wrongfulness of his actions OR
To conform his conduct to the law

Question 24

Common Law Conspiracy Elements

JoCK

Answer 24

Common Law Conspiracy Elements (JoCK, Joined, Commit, Knowing)
Defendant joined in an agreement or plan with one or more others
Purpose was to commit crime (or to do something not itself criminal by unlawful means)
Defendant joined the conspiracy knowing the unlawful plan and intending to help carry it out

Question 25

Irresistible Impulse: Defendant has a mental disease or defect that prevents the defendant from controlling himself. Defendant is not guilty if he ( SFMC

Answer 25

Irresistible Impulse: Defendant has a mental disease or defect that prevents the defendant from controlling himself. Defendant is not guilty if he (SFMC, Self, Free, Mental, Conform) Lacked the capacity for self-control and free choice BECAUSE Mental disease or defect Prevented him from being able to conform his conduct to the law

Question 26

Wharton’s Rule

Answer 26

Wharton’s Rule - a crime that requires two people, such as prostitution, cannot amount to a conspiracy on its own

Question 27

Majority/MPC Adds to Common Law Conspiracy Elements UFO

Answer 27

Majority/MPC Adds to Common Law Conspiracy Elements (UFO, Unilateral, Felony, Overt) An overt act was performed in furtherance of the conspiracy or conspiratorial crime is a felony, AND Unilateral conspiracies suffice

Question 28

Model Penal Code Conspiracy Elements FACAFF

Answer 28

Model Penal Code Conspiracy Elements (FACAFF, Facilitate, Agrees, Co-conspirators, Aid, Furtherance, Felony) Defendant intends to facilitate the target offense Defendant agrees that One or more co-conspirators will commit the target offense OR That Defendant will aid co-conspirators in the planning or commission of the target offense AND An overt act was performed in furtherance of the conspiracy, OR Conspiratorial crime is a felony

Question 29

Attempt is a specific intent crime Requirements of Attempt ICSS

Answer 29

Attempt is a specific intent crime Requirements of Attempt (ICSS, Intent to Commit, Substantial Step) Specific intent to commit particular criminal act and Substantial step towards perpetrating that crime

Question 30

Common Law Attempt Elements (Alternate) SOPA

Answer 30

Common Law Attempt Elements (Alternate) (SOPA, Specific, Overt, Part, Actually) Defendant had the specific intent to commit the target offense Defendant performed an act that was an overt act toward committing the target offense, an act that was part of carrying out the crime, an act that came reasonably close to actually carrying out the crime

Question 31

Elements of Joint Venture under both Common Law and Model Penal Code PI

Answer 31

Elements of Joint Venture under both Common Law and Model Penal Code (PI, Participated, Intent) Defendant knowingly participated in some meaningful way in the commission of the crime, AND Defendant did so with the specific intent to commit the crime (even if the crime itself is a general intent crime)

Question 32

1st Degree Murder Statutorily Typically/Usually defined as DPF

Answer 32

1st Degree Murder Statutorily Typically/Usually defined as (DPF, Deliberate and Premeditated, or Felony): A deliberate and premeditated murder, or A killing that results during the commission of an inherently dangerous felony (i.e. felony murder is frequently classified as first degree murder)

Question 33

Four States of Mind that Establish Malice Aforethought KBLF

Answer 33

Four States of Mind that Establish Malice Aforethought (KBLF, Kill, Bodily, Life, Felony) Intent to kill: the defendant acted with the desire that the victim end up dead Intent does not need to be premeditated; it can be formed in the moment before the killing Intent to Inflict serious bodily harm: the defendant intended to hurt the victim badly, and the victim died Reckless Indifference to Human Life: aka Abandoned or malignant heart or depraved heart: the defendant acted with a cavalier disregard for human life and a death resulted (CDHL, Cavalier Disregard Human Life) Defendant must realize that his conduct is really risky but need not have any intent regarding the outcome of his actions Majority and MPC: defendant must actually realizes that there is a danger Minority: a reasonable person would have recognized the danger Reckless conduct on its own is not typically sufficient to rise to the level of “depraved heart,” absent an aggravating component such as intoxication Depraved Heart Murder (official specific definition): A killing that results from reckless indifference to an unjustifiably high risk to human life. The majority rule requires the defendant to be aware of the danger involved Felony: the death occurred during the commission or attempted commission of a dangerous felony BARRK Felonies (BARRK) Burglary Arson Robbery Rape Kidnapping The dangerous felony must be independent of the killing itself, meaning that the elements of the felony act itself cannot be the immediate cause of death; thus, a homicide that results in the midst of no felony except for battery would not be felony murder because the battery is not independent of the homicide Deaths caused by other felonies get the label of misdemeanor manslaughter Felony murder can involve Someone who resists the felony When a bystander is killed during a felony Third person killed by the resister or police (minority rule) Majority-agency theory: a defendant is only responsible for the crimes of the defendant’s agents. Because the victim, police, or third party are not the defendant’s agents, the defendant is not responsible for their conduct If a co-felon is killed by a resister or a police officer Majority - defendant is not guilty of felony murder Minority - defendant might be guilty of felony murder

Question 34

Reckless Indifference to Human Life: aka Abandoned or malignant heart or depraved heart: the defendant acted with a cavalier disregard for human life and a death resulted CDHL

Answer 34

Reckless Indifference to Human Life: aka Abandoned or malignant heart or depraved heart: the defendant acted with a cavalier disregard for human life and a death resulted (CDHL, Cavalier Disregard Human Life) Defendant must realize that his conduct is really risky but need not have any intent regarding the outcome of his actions Majority and MPC: defendant must actually realizes that there is a danger Minority: a reasonable person would have recognized the danger Reckless conduct on its own is not typically sufficient to rise to the level of “depraved heart,” absent an aggravating component such as intoxication

Question 35

BARRK Felonies BARRK

Answer 35

BARRK Felonies (BARRK) Burglary Arson Robbery Rape Kidnapping

Question 36

Murder I under Common Law Aggravating Factors that make Murder I PEA FDFM

Answer 36

Murder I under Common Law Aggravating Factors that make Murder I (PEA FDFM, Premeditation, Extreme Atrocity, First Degree Felony Murder) Premeditation Extreme Atrocity or Cruelty First Degree Felony Murder

Question 37

Murder I By Premeditation Elements PIK C

Answer 37

Murder I By Premeditation Elements (PIK C, Premeditation, Intent to Kill, Causation) Causation: D caused the death Malice, Prong 1: D intended to kill Premeditation: D acted with “deliberately premeditated malice aforethought”

Question 38

Prongs of Malice - only one is necessary to show malice, and therefore murder KGL F

Answer 38

Prongs of Malice - only one is necessary to show malice, and therefore murder (KGL F, Kill, Grievous, Likelihood, Felony) 1st prong: Actual Intent to Kill 2nd prong: Intent to inflict grievous bodily injury 3rd prong: Intent to do an act that creates a plain and strong likelihood of death 4th prong: Felony Murder

Question 39

The logical sequence of Premeditation CWRA

Answer 39

The logical sequence of Premeditation (CWRA, Conceives, Weighs, Resolves, Acts) D conceives the idea of killing D weighs the pros and cons D resolves to do it D acts on his resolution

Question 40

Murder I by Extreme Atrocity or Cruelty Elements C ME

Answer 40

Murder I by Extreme Atrocity or Cruelty Elements (C ME, Causation, Malice, Extreme) Causation: D caused the death Malice: D acted with any of the three prongs of malice Extreme Atrocity or Cruelty: D acted with extreme atrocity or cruelty

Question 41

Forms of Extreme Atrocity or Cruelty IP CD EI NB MF I D

Answer 41

Forms of Extreme Atrocity or Cruelty (IP CD EI NB MF I D, Indifference Pleasure, Consciousness Degree, Extent Injuries, Number Blows, Manner Force, Instrument, Disproportion; I Play Congo Drums Extensively. I Notice Bad Mother Fuckers In Dartmouth.) Indifference to or taking pleasure in the victim’s suffering Consciousness and degree of suffering of the victim Extent of physical injuries Number of blows Manner and force with which delivered Instrument employed Disproportion between the means needed to cause death and those employed

Question 42

First Degree Felony Murder Elements FM DD DO

Answer 42

First Degree Felony Murder Elements (FM DD DO, Felony Maximum, Dangerous, Disregard, Death Occurred) D Committed or Attempted a Felony with a maximum sentence of death or life imprisonment Either The felony was inherently dangerous to human life OR D acted with a conscious disregard for the risk to human life Death occurred during D’s commission or attempt of that felony Note: No malice is required for first degree felony murder. Intent to commit the underlying felony substitutes for the malice ordinarily required for murder First Degree Felony Murder is a homicide that takes place unintentionally during the commission of a felony, and results in defendant being charged with Murder I

Question 43

Elements of Murder II CM

Answer 43

Elements of Murder II (CM, Causation, Malice) Causation: D Caused the Death Malice: D Acted with any of the three prongs of malice Murder II By Second Degree Felony Murder (FL DD DO, Felony Less, Dangerous, Disregard, Death Occurred D Committed or attempted a felony punishable by something less than death or life imprisonment Either The felony was inherently dangerous to human life OR D acted with a conscious disregard for the risk to human life Death occurred during D’s commission or attempt of that felony Note: No malice is required for second degree felony murder. Intent to commit the underlying felony substitutes for the malice ordinarily required for murder

Question 44

Murder II By Second Degree Felony Murder FL DD DO

Answer 44

Murder II By Second Degree Felony Murder (FL DD DO, Felony Less, Dangerous, Disregard, Death Occurred D Committed or attempted a felony punishable by something less than death or life imprisonment Either The felony was inherently dangerous to human life OR D acted with a conscious disregard for the risk to human life Death occurred during D’s commission or attempt of that felony Note: No malice is required for second degree felony murder. Intent to commit the underlying felony substitutes for the malice ordinarily required for murder

Question 45

Voluntary Manslaughter Essential Elements UMM

Answer 45

Voluntary Manslaughter Essential Elements (UMM, Unlawful, Malice, Mitigating) Unlawful killing of another With malice aforethought, BUT With mitigating circumstances (i.e. Heat of Passion or imperfect defense)

Question 46

When is Voluntary Manslaughter a stand alone offense (and not a lesser-included offense to murder)? Elements Triple-I C

Answer 46

When is Voluntary Manslaughter a stand alone offense (and not a lesser-included offense to murder)? Elements (Triple-I C, Intentionally Inflicted Injury, Causation) D intentionally inflicted an injury likely to cause death AND Causation: D caused death

Question 47

What sets Voluntary Manslaughter apart from Murder II under Common Law? Anger, fear, fright, etc. eclipsed Defendant’s capacity to form the malice required for murder. AKA, it would be Voluntary Manslaughter if… PPTC

Answer 47

What sets Voluntary Manslaughter apart from Murder II under Common Law? Anger, fear, fright, etc. eclipsed Defendant’s capacity to form the malice required for murder. AKA, it would be Voluntary Manslaughter if… (PPTC, Passion, Provocation, Time, Cool) Sudden transport of passion or heat of blood Legally adequate provocation No time for cooling off AND Defendant did not cool off

Question 48

Involuntary Manslaughter Basic Elements UNU

Answer 48

Involuntary Manslaughter Basic Elements (UNU, Unintentional, Negligence, Unlawful): Unintentional homicide committed EITHER With criminal negligence (or recklessness under MPC); OR During an unlawful act Criminal negligence requires GROSS negligence, which is a higher degree of negligence than Tort Negligence, but lower than depraved heart conduct

Question 49

Criminal Negligence under Model Penal Code ReGroS LSA

Answer 49

Criminal Negligence under Model Penal Code (ReGroS LSA, Reckless, Gross, Standard, Law-abiding, Situation, Actually): Defendant’s reckless act Which is a gross deviation From the Standard of conduct That a law-abiding person would observe In the defendant’s situation When the defendant was actually aware of the risk his conduct posed

Question 50

Battery Manslaughter Elements IB ELKS

Answer 50

Battery Manslaughter Elements (IB ELKS, Intentionally Battery, Endangers Life, Knew Should) D intentionally commits a battery That endangers human life, AND D knew or should have known that The battery endangered human life

Question 51

Involuntary Manslaughter Elements URFB

Answer 51

Involuntary Manslaughter Elements (URFB, Unintended, Reckless, Failure, Battery) Unintended Killing By wanton or reckless conduct, OR By wanton or reckless failure to act, OR By battery-manslaughter

Question 52

Possession Elements PORDOT

Answer 52

Possession Elements (PORDOT, Procure Or Receive, Dispose Or Terminate) Knowingly procures or receives the thing possessed OR Having acquired control of the item, possessor is aware of the control for a sufficient time to have enabled him to dispose of it or terminate control

Question 53

Hierarchy of Larceny AUPL

Answer 53

Hierarchy of Larceny (AUPL, Armed, Unarmed, Person, Larceny) Armed Robbery Unarmed Robbery Larceny from the Person Larceny

Question 54

Receiving Stolen Goods RKD

Answer 54

Receiving Stolen Goods (RKD, Receiving, Knowledge, Deprive) Receiving control (not necessarily possession) of stolen property, coinciding with Knowledge that the property is stolen; AND Intent to permanently deprive the owner of the property Property that is unlawfully obtained through larceny, embezzlement, or false pretense is stolen property The act of receiving the property must coincide with the recipient’s knowledge that the property is stolen Jurisdictional Rule 1: the defendant must have had actual, subjective knowledge that the property has been stolen Jurisdictional Rule 2: the defendant’s knowledge can be inferred from facts that would alert a reasonable person to unlawful acquisition of the property Modern View: the art’s dealer’s mens rea of knowledge can be inferred from the facts

Question 55

Common Law Larceny Larceny UTAD

Answer 55

Common Law Larceny Larceny (UTAD, Unlawful, Taking, Another, Deprive) Unlawful (Trespassory) Taking and carrying away of The personal property of another With the intent to permanently deprive Specific intent crime

Question 56

Receiving Stolen Goods RKD

Answer 56

Receiving Stolen Goods (RKD, Receiving, Knowledge, Deprive) Receiving control (not necessarily possession) of stolen property, coinciding with Knowledge that the property is stolen; AND Intent to permanently deprive the owner of the property Property that is unlawfully obtained through larceny, embezzlement, or false pretense is stolen property The act of receiving the property must coincide with the recipient’s knowledge that the property is stolen Jurisdictional Rule 1: the defendant must have had actual, subjective knowledge that the property has been stolen Jurisdictional Rule 2: the defendant’s knowledge can be inferred from facts that would alert a reasonable person to unlawful acquisition of the property Modern View: the art’s dealer’s mens rea of knowledge can be inferred from the facts

Question 57

Embezzlement Elements TOP

Answer 57

Embezzlement Elements (TOP, enTrusted, Own, Permanently) In position of trust, Defendant was entrusted with personal property of another Defendant fraudulently took, hid, or concealed the property for his own use without the owner’s consent With intent to permanently deprive

Question 58

Embezzlement Alternate Elements FCPAL

Answer 58

Embezzlement Alternate Elements (FCPAL, Fraudulent, Conversion, Property, Another, Lawful) Fraudulent Conversion Of the property Of another By a person who is in lawful possession of the property

Question 59

Larceny By False Pretenses Elements SKReT

Answer 59

Larceny By False Pretenses Elements (SKReT, Statement, Knew, Relied, Title) Defendant made a false statement That he knew or believed to be false when he made it With the intent that victim relied on it as true and Victim parted with his TITLE in reliance on the false statement The defendant obtains title to someone else’s property through an act of deception

Question 60

Larceny By Trick Elements SKReP

Answer 60

Larceny By Trick Elements (SKReP, Statement, Knew, Relied, Possession) Defendant made a false statement That he knew or believed to be false when he made it With the intent that victim relied on it as true and Victim parted with his POSSESSION in reliance on the false statement

Question 61

Robbery includes all the elements of larceny, PLUS PPVF

Answer 61

Robbery includes all the elements of larceny, PLUS (PPVF, Person, Presence, Violence, Fear) The taking occurs from the victim’s person or in his presence, AND Either by violence or putting the victim in fear of imminent physical harm

Question 62

Robbery requires UTAD PPVF

Answer 62

Robbery requires (UTAD PPVF, Unlawful, Taking, Another, Deprive, Person, Presence, Violence, Fear): Taking Another person’s property Without his consent With intent to deprive him of it permanently, and The taking occurs from the victim’s person or in his presence Either by violence or putting the victim in fear of imminent physical harm Slight physical force suffices violence

Question 63

Unarmed Robbery Elements AFCI

Answer 63

Unarmed Robbery Elements (AFCI, Actual, Fear, Control, Intent) Either Defendant applied actual force to victim’s body OR Put victim in fear by threatening words or gestures Defendant took property of another from victim’s immediate control With intent to steal it

Question 64

Armed Robbery Elements AFCIA

Answer 64

Armed Robbery Elements (AFCIA, Actual, Fear, Control, Intent, Armed) Either Defendant applied actual force to victim’s body OR Put victim in fear by threatening words or gestures Defendant took property of another from victim’s immediate control With intent to steal it and Defendant was armed with a dangerous weapon

Question 65

Unarmed Robbery Elements AFCI

Answer 65

Unarmed Robbery Elements (AFCI, Actual, Fear, Control, Intent) Either Defendant applied actual force to victim’s body OR Put victim in fear by threatening words or gestures Defendant took property of another from victim’s immediate control With intent to steal it

Question 66

Dangerous Weapon Any object that CUDP

Answer 66

Dangerous Weapon Any object that (CUDP, Construction, Use, Death, Person) Either by the nature of its construction OR the manner of its use Is either capable of causing death or serious injury OR can be perceived by a reasonable person as so capable

Question 67

Common Law Burglary Requires BEDANF

Answer 67

Common Law Burglary Requires (BEDANF, Breaking, Entering, Dwelling, Another, Night, Felony) Breaking and Entering The dwelling Of another At night With the specific intent to commit a felony once inside

Question 68

Modern law burglary requires BEPAF

Answer 68

Modern law burglary requires (BEPAF, Breaking, Entering, Property, Another, Felony) Breaking and Entering The property Of another With the specific intent to commit a felony inside

Question 69

Battery Definition UFABO

Answer 69

Battery Definition (UFABO, Unlawful, Force, Another, Bodily, Offensive) Unlawful Application of force To another person That causes: Bodily harm or An offensive touching General intent crime

Question 70

Common law rape requires USFW

Answer 70

Common law rape requires (USFW, Unlawful, Sexual, Female, Will) Unlawful Sexual intercourse With a female Against her will by force or threat of force The MBE will not likely test on common-law rape because the elements have been relaxed or eliminated in most modern statutes Rape is a general intent crime

Question 71

Common law rape requires USFW

Answer 71

Common law rape requires (USFW, Unlawful, Sexual, Female, Will) Unlawful Sexual intercourse With a female Against her will by force or threat of force The MBE will not likely test on common-law rape because the elements have been relaxed or eliminated in most modern statutes Rape is a general intent crime

Question 72

Kidnapping Definition UCWMH

Answer 72

Kidnapping Definition (UCWMH, Unlawful, Confinement, Will, Moving, Hiding) Unlawful Confinement of another person Against that person’s will Either by moving or hiding the victim

Question 73

Common law arson requires MBAD

Answer 73

Common law arson requires (MBAD, Malicious Burning Another’s Dwelling): Malicious Burning Of another person’s Dwelling

Question 74

Elements of Perjury WFVWM

Answer 74

Elements of Perjury (WFVWM, Willful, Falsely, Verbally, Writing, Material) Willful act of Falsely promising to tell the truth, EITHER Verbally or in writing, About material matters

Question 75

Three Requirements of Perjury KIM

Answer 75

Three Requirements of Perjury (KIM, Know, Intend, Material): The person must know what they are saying is false The person must intend to say something that is false; and The falsity must go to a material matter

Question 76

Common Law Self-Defense with Deadly Force Elements ABe ReD NeW

Answer 76

Common Law Self-Defense with Deadly Force Elements (ABe ReD NeW, Actually Believe, Reasonable, Duty, Necessary, Withdraw) Defendant must actually believe he is in imminent danger of death or great bodily harm and A reasonable person would also believe that Duty to retreat? Majority: not necessary Minority: all available opportunities to avoid physical force have been exhausted Defendant shall use no more force than is necessary (could face manslaughter charges if force goes too far) If Defendant provoked the altercation, Defendant must attempt to withdraw and announce intention to withdraw

Question 77

Common Law Self-Defense Elements TUFPARP

Answer 77

Common Law Self-Defense Elements (TUFPARP, Threatened, Unlawful, Force, Physical, Avoided, Reasonable, Prompted) Defendant is threatened with the use, or threat of imminent use, of Unlawful Force That does or could cause physical injury and That a reasonable person would believe could not be avoided without the use of physical force, and the actor Defends by using only a reasonable amount of force and Was not responsible for the situation that prompted the need to use such force

Question 78

The justification of self-defense does not extend to the initial aggressor, but an initial aggressor may gain the right to act in self-defense when MW

Answer 78

The justification of self-defense does not extend to the initial aggressor, but an initial aggressor may gain the right to act in self-defense when (MW, Met, Withdraws): The initial aggressor’s use of nondeadly force is met with deadly force, OR The initial aggressor, in good faith, completely withdraws from the altercation and communicates that fact to the victim

Question 79

Necessity Defense (aka Choice of Evils) Factors CLIP

Answer 79

Necessity Defense (aka Choice of Evils) Factors (CLIP, Connection, Legal, Immediate, Proportionality) Immediate Harm Causal Connection Proportionality Legal Alternatives Absent

Question 80

When a statute does not specify the requisite mental state, the minimum required mental state under the MPC is:

Answer 80

Recklessness - the conscious disregard of a substantial and unjustified risk that 1) the material elements exists OR 2) the materal element will result from the defendant's conduct

Question 81

When can a mistake of law (i.e. unawareness of the law) serve as a defense against violating the law?

Answer 81

When the law requires a particular mental state that is negated by the lack of knowledge of the law. For example, a law that requires knowledge of something and the defendant does not possess that knowledge

Question 82

Accomplice liability arises when a person

Answer 82

1. Aids or abets another (i.e. the principal) before or during a crime 2. With the SPECIFIC INTENT that the encouraged crime be completed

Question 83

Strict Liability: mens rea and actus reus requirements

Answer 83

There is no mens rea requirement for strict liability crimes, therefore a mistake of fact is no defense to strict liability Satisfying actus reus is the only requirement to be guilty of a strict liability crime

Question 84

Common law Bigamy - mens rea requirement

Answer 84

Bigamy is a strict liability offense, so no mens rea satisfaction is necessary. The actus reus satisfaction is all that is required

Question 85

Conspiracy (Majority Rule)

Answer 85

1. Defendant entered an agreement to accomplish an unlawful purpose 2. Defendant had the specific intent to accomplish that purpose, AND 3. At least one coconspirator committed an overt act in furtherance of the conspiracy Crime is complete upon commission of the overt act Withdrawal (majority rule) is impossible once an overt act has been committed

Question 86

Withdrawal from a conspiracy (majority rule)

Answer 86

Withdrawal is impossible once an overt act has been committed. Once that overt act has been committed, withdrawal is no longer a viable defense.

Question 87

Self-Defense with Deadly Force

Answer 87

Defendant actually and reasonably believes that deadly force is necessary to prevent serious injury or death Self-defense does not extend to initial aggressor, UNLESS: 1. The initial aggressor's use of nondeadly force is met with deadly force OR 2. The initial aggressor, in good faith, completely withdraws from the altercation and communicates that fact to the victim

Question 88

Consequence of an unlawful arrest in a 3d party residence pursuant to valid arrest warrant

Answer 88

Arrest and criminal charges are unaffected, and thus persist BUT Evidence obtained during unlawful arrest suppressed

Question 89

Search Warrant Requirements & Constitutional Validity

Answer 89

1. Based on probable cause 2. Supported by oath or affidavit 3. Issued by neutral & detached magistrate 4. Particularly describe place to be searched / items to be seized The particularity MUST be contained within the warrant itself and not rely solely on supporting documents A constitutionally invalid warrant results in the suppression of evidence seized

Question 90

Can a recent passenger of a car subject to a reasonable probable cause search also be validly searched?

Answer 90

NO. The automobile exception allows officers to conduct a warrantless search of a vehicle if: 1. There is probable cause to believe that the vehicle contains evidence of a crime AND 2. The search is limited to areas where the evidence might be located BUT Probable cause that a vehicle contains evidence of a crime does NOT justify a warrantless search of a person who is, or had been, a passenger of the vehicle, unless the probable cause specifically extends to that passenger

Question 91

Custody, when Miranda Rights must be read for any statements to be admissible

Answer 91

A court should suppress an incriminating statement taken in violation of the defendant's 5th Amendment privilege against self-incrimination. To comply with this privilege, police must MIRANDIZE a suspect BEFORE custodial interrogation, meaning when: 1. In custody (placed under formal arrest OR restrained from his freedom of movement to such a degree that a reasonable person would not feel free to leave) AND 2. subjected to interrogation - questions, words, or actions directed at a suspect that police know or should know are likely to elicit an incriminating response

Question 92

Is it robbery if property is taken from a person's immediate surroundings without force or threat?

Answer 92

NO. Robbery requires the defendant to commit larcey through: Force or Intimidation

Question 93

False Pretenses vs. Larceny by Trick vs. Embezzlement

Answer 93

1. False Pretenses (TITLE via FRAUD) requires obtaining TITLE to property through reliance of that person on a known false representation of a material past or present fact, when the representation is made with intent to defraud. 2. Larceny by trick (POSSESSION via FRAUD) requires that the defendant obtain possession of, but not title to the property owned by another. 3. Embezzlement (CONVERSION via LAWFUL POSSESSION) requires fraudulent conversion of the property of another person by the LAWFUL possession of the property.

Question 94

When is Solicitation Complete, and when is Withdrawal no longer possible?

Answer 94

Solicitation is 1. Enticing, encouraging, or commanding of another person 2. To commit a crime 3. With the intent that the other person commits the crime Solicitation is complete when the defendant has successfully convinced the other person to commit the intended crime. Voluntary renunciation/withdrawal from solicitation (under the MPC) requires successful thwarting of the crime before completion of the crime

Question 95

When can self-defense with deadly force NOT be used inside one's home?

Answer 95

A person may use deadly force to prevent or terminate forcible entry into a dwelling if the occupant reasonably believes that the intruder intends to commit a felony inside. However, if the intruder is exiting the dwelling, deadly force is no longer permissible, even if the intruder has stolen items in his possession as he exits.

Question 96

What crime is committed when a homicide results from imperfect self-defense?

Answer 96

Voluntary manslaughter. Imperfect self-defense occurs when the person claiming self-defense unjustifiably kills her attacker, such as when she unreasonably believes self-defense is required.

Question 97

Is consent a valid defense to a depraved heart murder caused by the defendant's reckless indifference to a known and unjustifiable high risk, if the victim did, in fact, consent to the act that constituted the high risk?

Answer 97

NO. Consent is never a defense to murder, no matter what type of murder it is.

Question 98

Does an unreasonable but honest mistake of FACT relieve someone from liability for larceny?

Answer 98

YES. Larceny is a specific intent crime, and an honest mistake of fact, whether reasonable or not, serves as a defense to a specific intent crime because such an honest mistake negates the required mens rea. Of course the mistake of fact must go to an element of the crime that precludes formation of the required specific intent

Question 99

If Person A lies to Person B in an attempt to get Person B to commit murder, and Person B dies in the process, can Person A be convicted of depraved heart murder?

Answer 99

YES. By recklessly lying to Person B, Person A's conduct intentionally put Person B in a position that carried a high likelihood of death or significant bodily harm, displaying a depraved heart and reckless disregard of the high risk he was knowingly coaxing Person B into.

Question 100

If a seller advertises a forgery as authentic and a buyer purchases it but does not believe that the forgery is authentic and has it (mistakenly) authenticated by a 3d party expert, is the seller guilty of larceny by false pretenses? SKReT

Answer 100

NO. Elements (SKReT, Statement, Knew, Relied, Title) Because the buyer did not rely on the seller's misrepresentation in making the purchase, the sale is not larceny by false pretenses. Elements of Larceny by False Pretenses: 1. Defendant obtained title to another's property (property can be "cash," if defendant made a fraudulent sale) 2. By making a false statement or misrepresentation about a past or present material fact that the Defendant knew was false 3. Upon which the victim/buyer relied, AND 4. Did so with the specific intent to defraud The misrepresentation must have been a significant factor/cause of the buyer's decision to purchase.

Question 101

What is the common law murder element of malice aforethought? KBDF

Answer 101

KBDF Kill Bodily Depraved Felony Malice can be shown by any of the following sates of mind: 1. Intent to kill 2. Intent to do serious bodily injury 3. Reckless indifference to human life (depraved heart murder) 4. Invent to commit a felony (felony murder)

Question 102

M'Naghten Test

Answer 102

RMKNQW Reason Mental [not] Know Nature Quality Wrongfulness Under the M'Naghten Test, the defendant is not guilty if: 1. Because of a defect of reason 2. Due to a mental disease 3. Defendant did not know at the time 4. The nature AND 5. Quality of the act OR 6. The wrongfulnessof the act

Question 103

On the bar exam, what makes a homicide "premeditated?"

Answer 103

"Premeditated" requires an intent to kill the victim in advance. While we know this intent can be formed in mere seconds, the language of the fact pattern will indicate this intent.

Question 104

What types of murder are included in common law murder? KBDF

Answer 104

KBDF Kill Bodily Depraved Felony Importantly, common law murder is homicide with malice. Common law murder is the only default murder on the bar exam, but when the fact pattern commonly (but explicitly) introduces a 1st degree murder, where 2nd degree murder is common law murder, the distinction is important. Common law murder includes: 1. Intent to kill (will not include premeditated when the fact pattern introduces a 1st degree murder that requires premeditation) 2. Intent to do serious bodily injury 3. Reckless indifference to an unjustifiably high risk to human life (depraved heart) 4. Intent to commit certain felonies (felony murder)

Question 105

Is a defendant still guilty of embezzlement if they intended to replace the money (or other property) after converting it for their personal, improper use?

Answer 105

YES. Embezzlement still occurs when the defendant intended to replace the coverted property with similar property of equal or greater value, and even if they DO replace it.

Question 106

What is misprision of a felony?

Answer 106

Misprision of a felony occurs if the defendant had knowledge that another committed a felony, failed to notify the authorities, and took an affirmative step to conceal the crime.

Question 107

Is it possible to be charged with attempted statutory rape when the defendant thought the victim was under 18 but was actually older?

Answer 107

YES. Even though statutory rape is a strict liability crime, this does not eliminate the viability of an attempted statutory rape charge just because it was impossible to commit the actual crime with that victim.

Question 108

Of what crime, besides solicitation, can a defendant be charged if they induce another to beat up a third party, if the solicitee never actually commits the battery?

Answer 108

ASSAULT. Assault is an attempt to commit battery, in addition to the other formulations of assault.

Question 109

When is an honest belief that a victim owes a defendant money and the defendant takes the moeny from the victim robbery?

Answer 109

If a defendant takes property with the honest belief that she is entitled to the property as repayment of a debt (i.e. a claim of right), then the taking does not constitute LARCENY. The believe does not have to be reasonable. However, this cannot serve as justification for ROBBERY in most states. Once the larceny becomes robbery by the threat or use of force, the defense of claim of right is no longer available.