LOUISIANA BAR EXAM CRIMINAL LAW 114
2026 FINAL REVIEW PACK COMPLETE
QUESTION SET AND CORE CONCEPT
SUMMARY
◉ Merger Answer: -one crime is subsumed into another → can be
CHARGED, but cannot be CONVICTED of both
-Lesser-included offenses DO merge into greater-included offenses
(e.g. crime w/ elements AB merges into crime w/ elements ABC)
-Conspiracy does NOT merge into the target offense
-Solicitation and Attempt DO merge into the target offense
◉ Burden of Proof (generally) Answer: BEYOND A REASONABLE
DOUBT is the burden the state bears for every element of a crime
◉ Actus Reus (AR) Answer: 1) PHYSICAL or EXTERNAL component
--i) prohibited conduct (e.g., speeding)
--ii) prohibited result (e.g., killing)
--iii) attendant circumstances (e.g., age of victim)
2) VOLUNTARY ACT
3) an OMISSION which violates a legal duty
-generally, NO LEGAL DUTY to act or aid
,◉ Situations in which a Legal Duty to Act may arise: Answer: i)
statute (e.g., paying taxes, reporting child abuse)
ii) contract (e.g., nurse, nanny)
iii) relationship (e.g., parent, spouse)
iv) assumption of care (e.g., Misery)
v) creation of peril (e.g., hitting pedestrian)
◉ Mens Rea (MR) Answer: MENTAL or INTERNAL component of a
crime
◉ specific intent crimes Answer: -purpose or object
-the manner in which the crime was committed may provide
circumstantial evidence of intent
◉ the major specific intent crimes Answer: 1) 1st degree murder
2) assault
3) inchoate offenses
4) solicitation
5) attempt
6) conspiracy
7) larceny
, 8) robbery
9) embezzlement
10) false pretenses
11) burglary
12) forgery
◉ malice Answer: -greater than, or equal to, gross recklessness → a
reckless disregard of an obvious or high risk that the particular
harmful result will occur
1) murder
2) arson
◉ general intent Answer: -greater than, or equal to, criminal
negligence → an awareness of all factors constituting a crime (this is
a catch-all)
1) rape
2) battery
3) kidnapping
-NOTE: for general intent, ▵ need not be certain that all attendant
circumstances exist
-it is sufficient that ▵ is aware of a high likelihood that they will
occur
-inference of intent from act: a jury may infer the required general
intent merely from the doing of the act
2026 FINAL REVIEW PACK COMPLETE
QUESTION SET AND CORE CONCEPT
SUMMARY
◉ Merger Answer: -one crime is subsumed into another → can be
CHARGED, but cannot be CONVICTED of both
-Lesser-included offenses DO merge into greater-included offenses
(e.g. crime w/ elements AB merges into crime w/ elements ABC)
-Conspiracy does NOT merge into the target offense
-Solicitation and Attempt DO merge into the target offense
◉ Burden of Proof (generally) Answer: BEYOND A REASONABLE
DOUBT is the burden the state bears for every element of a crime
◉ Actus Reus (AR) Answer: 1) PHYSICAL or EXTERNAL component
--i) prohibited conduct (e.g., speeding)
--ii) prohibited result (e.g., killing)
--iii) attendant circumstances (e.g., age of victim)
2) VOLUNTARY ACT
3) an OMISSION which violates a legal duty
-generally, NO LEGAL DUTY to act or aid
,◉ Situations in which a Legal Duty to Act may arise: Answer: i)
statute (e.g., paying taxes, reporting child abuse)
ii) contract (e.g., nurse, nanny)
iii) relationship (e.g., parent, spouse)
iv) assumption of care (e.g., Misery)
v) creation of peril (e.g., hitting pedestrian)
◉ Mens Rea (MR) Answer: MENTAL or INTERNAL component of a
crime
◉ specific intent crimes Answer: -purpose or object
-the manner in which the crime was committed may provide
circumstantial evidence of intent
◉ the major specific intent crimes Answer: 1) 1st degree murder
2) assault
3) inchoate offenses
4) solicitation
5) attempt
6) conspiracy
7) larceny
, 8) robbery
9) embezzlement
10) false pretenses
11) burglary
12) forgery
◉ malice Answer: -greater than, or equal to, gross recklessness → a
reckless disregard of an obvious or high risk that the particular
harmful result will occur
1) murder
2) arson
◉ general intent Answer: -greater than, or equal to, criminal
negligence → an awareness of all factors constituting a crime (this is
a catch-all)
1) rape
2) battery
3) kidnapping
-NOTE: for general intent, ▵ need not be certain that all attendant
circumstances exist
-it is sufficient that ▵ is aware of a high likelihood that they will
occur
-inference of intent from act: a jury may infer the required general
intent merely from the doing of the act
