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Flashcards in Crim Law Basics Deck (11)
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1
Q

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

A

MBE/NY:

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

NY: NY Penal Law (NYPL)

2
Q

What are the generic elements of a crime?

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

What are the two types of specific crimes?

A
  1. Crimes against the person
  2. Property crimes
4
Q

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

A
  1. Accomplice
  2. Enterprise
5
Q

What are the types of inchoate offenses?

A
  1. Solicitation
  2. Conspiracy
  3. Attempt
6
Q

What are the defenses to criminal offenses? (DIMVINES)

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

What state has jurisdiction to type a crime?

A

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

8
Q

What are the burdens of proof in a criminal case?

A

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

D must prove affirmative defenses by POE

9
Q

What is the penalty for a felony?

A

Death or Imprisonment for more than 1 year

10
Q

What is the penalty for a misdemeanor?

A

Fine or Imprisonment for no more than 1 year

11
Q

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

A

Inchoate offense