Practice Set 3

Question 1

What is the difference between agency and proximate cause theory for felony murder?

Answer 1

1. Agency Theory - no liability for the death of a bystander caused by a victim / police officer
2. Proximate-Cause Theory - liability for the bystander’s death b/c the death is a direct consequence of the felony

Question 2

What are the elements of forgery?

Answer 2

1. Making - creating or altering
2. Of false writing
3. With apparent legal significance
4. Intent to defraud

Question 3

What are the elements of false pretenses?

Answer 3

1. Getting title to property of another
2. Through reliance of that person
3. On known false rep of material fact
4. Rep made with intent to defraud

Question 4

What is required for accomplice liability?

Answer 4

The accomplice solicits, aids, agrees, or attempt to aid in the planning or commission of the crime, with the intent that the crime actually be committed

Question 5

When is a person not an accomplice despite enabling the commission of a crime?

Answer 5

When the crime requires another party to engage a criminal act in order for the crime to be complete, eg: distribution of drugs requires a buyer, buyer is not an accomplice