Multistate Bar — Criminal Law &
Evidence Flash Cards 2026
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[V] Actus Reus & Mens Rea [V] Relevance & Judicial Notice
[V] Criminal Defenses [V] Hearsay & Exceptions
[V] Inchoate Crimes & Liability [V] Witnesses & Constitutional Issues
[V] Crimes Against Persons & Property
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Multistate Bar — Criminal Law & Evidence
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Actus Reus & Mens Rea Criminal Defenses Inchoate Crimes & Liability
Crimes Against Persons & Property Relevance & Judicial Notice Hearsay & Exceptions
Witnesses & Constitutional Issues
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Multistate Bar — Criminal Law & Evidence
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,CTION 1 | Criminal Law - Actus Reus & Mens Rea | Q1-Q8 | Multistate Bar - Criminal Law & Evidence Flash Cards 2026 2026/20
Q1 Question 1 of 60
A 34-year-old factory worker is charged with homicide after a coworker died when the worker failed to activate a safety
lock on heavy machinery. The prosecution argues that the worker had a legal duty to lock the machine and that this
omission constitutes the actus reus of the crime. The defense argues that failing to act can never satisfy the actus reus
requirement. Under common law principles, which statement accurately describes when an omission can satisfy actus
reus?
A. An omission can never constitute actus reus because criminal law requires a voluntary physical act
B. An omission can constitute actus reus when the defendant had a legal duty to act and breached that
duty
C. An omission constitutes actus reus only when the defendant had a moral obligation to act under the
circumstances
D. An omission satisfies actus reus whenever a reasonable person would have acted to prevent the harm
Correct Answer: B
Rationale:
Under common law, an omission can satisfy the actus reus requirement when the defendant had a legal duty to act, such as
a duty imposed by statute, contract, or special relationship. A moral obligation alone is insufficient, and the reasonable
person standard applies to negligence, not to whether actus reus exists. The worker's statutory or contractual duty to lock
the machine creates the legal duty necessary for omission liability.
Q2 Question 2 of 60
A 28-year-old man is charged with first-degree murder after shooting a rival gang member. At trial, evidence shows the
defendant had consumed significant amounts of alcohol and cocaine before the shooting and claims he was so
intoxicated he did not know what he was doing. The jurisdiction follows the common law rule on voluntary intoxication.
How does voluntary intoxication affect the mens rea analysis for this crime?
A. Voluntary intoxication completely negates mens rea and is a full defense to all criminal charges
B. Voluntary intoxication is relevant only to sentencing and has no bearing on mens rea determination
C. Voluntary intoxication may negate specific intent but cannot negate general intent or malice
D. Voluntary intoxication negates general intent crimes but has no effect on specific intent crimes
Correct Answer: C
Rationale:
Under the common law rule, voluntary intoxication can negate specific intent (such as the premeditation required for
first-degree murder) but cannot negate general intent or malice. First-degree murder is a specific intent crime in many
jurisdictions, so intoxication might be relevant, but it is never a complete defense. The rule distinguishes between specific
and general intent, not sentencing versus guilt.
Multistate Bar - Criminal Law & Evidence Flash Cards 2026 - 2026/2027 | Passing Score: 75% | Page 4 of 34