Crim Law Basics

Question 1

What are the sources of criminal law on the bar exam?

Answer 1

MBE/NY:

1. Common Law
2. Majority Statutory Rules
3. Model Penal Code (MPC)

NY: NY Penal Law (NYPL)

Question 2

What are the generic elements of a crime?

Answer 2

1. Actus Reus
2. Mens Rea
3. Causation
4. Concurrence principle

Question 3

What are the two types of specific crimes?

Answer 3

1. Crimes against the person
2. Property crimes

Question 4

What are the types of liability for the conduct of others?

Answer 4

1. Accomplice
2. Enterprise

Question 5

What are the types of inchoate offenses?

Answer 5

1. Solicitation
2. Conspiracy
3. Attempt

Question 6

What are the defenses to criminal offenses? (DIMVINES)

Answer 6

1. Duress
2. Infancy
3. Mistake
4. Voluntary intoxication
5. Insanity
6. Necessity
7. Entrapment
8. Self Defense

Question 7

What state has jurisdiction to type a crime?

Answer 7

Any state where an act that was part of the crime happened OR Where the result happened

Question 8

What are the burdens of proof in a criminal case?

Answer 8

State must prove all elements BARD, and Defense must DISprove BARD;

D must prove affirmative defenses by POE

Question 9

What is the penalty for a felony?

Answer 9

Death or Imprisonment for more than 1 year

Question 10

What is the penalty for a misdemeanor?

Answer 10

Fine or Imprisonment for no more than 1 year

Question 11

Solicitation, conspiracy, and attempt are what type of offense?

Answer 11

Inchoate offense