BARBRI MBE COMPREHENSIVE STUDY
GUIDE 2026 FULLY SOLVED QUESTION SET
◉A gang member threatened to kill ∆ unless he robbed a
convenience store and gave the proceeds to the gang member. The
gang member also demanded at gunpoint that ∆kill the clerk to
prevent identification. In abject fear of his life, ∆did everything that
the gang member requested.
If ∆ is arrested and charged with murder and robbery in a common
law jurisdiction, what result?
A The defendant should be convicted of murder and robbery.
B The defendant should be acquitted of the robbery and convicted of
murder.
C The defendant should be convicted of robbery, and the killing will
be reduced to voluntary manslaughter.
D The defendant should be acquitted of the robbery, and the killing
should be reduced to voluntary manslaughter.. Answer: B) murder =
unlawful killing with malice aforethought. "Malice aforethought"
exists if the defendant has any of the following states of mind: (i) the
,intent to kill (express malice);or (iv) the intent to commit a felony.
Here, could be found by (i) (b/c the clerk was intentionally killed to
prevent identification) or by (iv) (the killing committed during
robbery). Robbery =aggravated form of larceny and consists of the
following elements: (i) a taking; (ii) of the personal property of
another; (iii) from the other's person or presence; (iv) by force or
intimidation; (v) with the intent to permanently deprive him of it.
Fact pattern also raises the defense of *duress*. ∆ not guilty of an
offense, other than intentional homicide, if he performs an
otherwise criminal act under the reasonable belief that another will
imminently inflict death or great bodily harm on him or an
immediate family member if he does not commit the criminal act.
An argument could be raised that the killing should be reduced to
voluntary manslaughter from murder, given that ∆ was acting under
the provocation of a threat of deadly force. At common law,
provocation would reduce a killing to voluntary manslaughter if (i)
the provocation must have been one that would arouse the sudden
and intense passion in the mind of an ordinary person such as to
cause him to lose self-control; (ii) ∆ must have in fact been
provoked; (iii) there must not have been sufficient time to cool off;
and (iv) ∆ did not in fact cool off. Provocation includes being
subjected to a serious battery or a threat of deadly force.
*That said, the reduction to voluntary manslaughter occurs only as
to the person who provoked ∆* (or the killing of 3P under the
transferred intent doctrine). Thus, had ∆ killed the gang member, he
might have been able to claim "adequate provocation" to h
,◉A brother and a sister held record title to a home as joint tenants
with right of survivorship. The brother moved out of the home
shortly after conveying his interest in the home to his friend by
quitclaim deed. The friend did not record his deed. Several years
later, the sister died, leaving her adopted daughter as her sole heir.
Shortly after the sister died, the brother asked his friend to return
his deed and give up his interest in the home. The friend agreed and
returned the deed, which the brother destroyed.
Who has title to the home?
A The friend and the daughter as co-tenants.
B The brother and the daughter as co-tenants.
C The brother as sole owner.
D The friend as sole owner.. Answer: C) An inter vivos conveyance by
one joint tenant of his undivided interest destroys the JT so that the
transferee takes the interest as a tenant in common and not as JT.
Here, when the brother conveyed his interest to the friend, JT b/t
bro and sister was severed. At that point, the friend and the sister
held title to the home as TIC. The adopted daughter then inherited
the sister's interest upon the sister's death. Because delivery of a
, deed cannot be canceled, the friend's return and subsequent
destruction of his deed has no effect. Thus, (A) is correct and (C) is
incorrect. (B) is incorrect because the brother has transferred his
interest to the friend. As stated above, the destruction of the friend's
deed has no effect on his interest. For the brother to have his interest
back, the friend would have to reconvey by deed to him.
◉An officer on routine patrol noticed a flashlight moving within a
darkened house and stopped to investigate. The suspect, who had
broken into the home to steal valuables, caught sight of the patrol
car, dropped the bag of valuables as he was about to carry them out
of the house, and tried to sneak out the back way. The officer saw
him sneaking out and seized him. The suspect, who had a lock-
picking device in his possession, pulled out two $100 bills from his
wallet, stating that he did not take anything and would like to forget
the whole thing. The officer took the money, stating that she would
give him a break this time around, and let the suspect go.
How may the officer be charged in this situation?
A) As an accessory after the fact to burglary and larceny.
B) As an accomplice to the crimes of burglary and larceny.
C) As an accessory after the fact to burglary only.. Answer: (C)
Accessory after the fact is one who receives, relieves, comforts, or
GUIDE 2026 FULLY SOLVED QUESTION SET
◉A gang member threatened to kill ∆ unless he robbed a
convenience store and gave the proceeds to the gang member. The
gang member also demanded at gunpoint that ∆kill the clerk to
prevent identification. In abject fear of his life, ∆did everything that
the gang member requested.
If ∆ is arrested and charged with murder and robbery in a common
law jurisdiction, what result?
A The defendant should be convicted of murder and robbery.
B The defendant should be acquitted of the robbery and convicted of
murder.
C The defendant should be convicted of robbery, and the killing will
be reduced to voluntary manslaughter.
D The defendant should be acquitted of the robbery, and the killing
should be reduced to voluntary manslaughter.. Answer: B) murder =
unlawful killing with malice aforethought. "Malice aforethought"
exists if the defendant has any of the following states of mind: (i) the
,intent to kill (express malice);or (iv) the intent to commit a felony.
Here, could be found by (i) (b/c the clerk was intentionally killed to
prevent identification) or by (iv) (the killing committed during
robbery). Robbery =aggravated form of larceny and consists of the
following elements: (i) a taking; (ii) of the personal property of
another; (iii) from the other's person or presence; (iv) by force or
intimidation; (v) with the intent to permanently deprive him of it.
Fact pattern also raises the defense of *duress*. ∆ not guilty of an
offense, other than intentional homicide, if he performs an
otherwise criminal act under the reasonable belief that another will
imminently inflict death or great bodily harm on him or an
immediate family member if he does not commit the criminal act.
An argument could be raised that the killing should be reduced to
voluntary manslaughter from murder, given that ∆ was acting under
the provocation of a threat of deadly force. At common law,
provocation would reduce a killing to voluntary manslaughter if (i)
the provocation must have been one that would arouse the sudden
and intense passion in the mind of an ordinary person such as to
cause him to lose self-control; (ii) ∆ must have in fact been
provoked; (iii) there must not have been sufficient time to cool off;
and (iv) ∆ did not in fact cool off. Provocation includes being
subjected to a serious battery or a threat of deadly force.
*That said, the reduction to voluntary manslaughter occurs only as
to the person who provoked ∆* (or the killing of 3P under the
transferred intent doctrine). Thus, had ∆ killed the gang member, he
might have been able to claim "adequate provocation" to h
,◉A brother and a sister held record title to a home as joint tenants
with right of survivorship. The brother moved out of the home
shortly after conveying his interest in the home to his friend by
quitclaim deed. The friend did not record his deed. Several years
later, the sister died, leaving her adopted daughter as her sole heir.
Shortly after the sister died, the brother asked his friend to return
his deed and give up his interest in the home. The friend agreed and
returned the deed, which the brother destroyed.
Who has title to the home?
A The friend and the daughter as co-tenants.
B The brother and the daughter as co-tenants.
C The brother as sole owner.
D The friend as sole owner.. Answer: C) An inter vivos conveyance by
one joint tenant of his undivided interest destroys the JT so that the
transferee takes the interest as a tenant in common and not as JT.
Here, when the brother conveyed his interest to the friend, JT b/t
bro and sister was severed. At that point, the friend and the sister
held title to the home as TIC. The adopted daughter then inherited
the sister's interest upon the sister's death. Because delivery of a
, deed cannot be canceled, the friend's return and subsequent
destruction of his deed has no effect. Thus, (A) is correct and (C) is
incorrect. (B) is incorrect because the brother has transferred his
interest to the friend. As stated above, the destruction of the friend's
deed has no effect on his interest. For the brother to have his interest
back, the friend would have to reconvey by deed to him.
◉An officer on routine patrol noticed a flashlight moving within a
darkened house and stopped to investigate. The suspect, who had
broken into the home to steal valuables, caught sight of the patrol
car, dropped the bag of valuables as he was about to carry them out
of the house, and tried to sneak out the back way. The officer saw
him sneaking out and seized him. The suspect, who had a lock-
picking device in his possession, pulled out two $100 bills from his
wallet, stating that he did not take anything and would like to forget
the whole thing. The officer took the money, stating that she would
give him a break this time around, and let the suspect go.
How may the officer be charged in this situation?
A) As an accessory after the fact to burglary and larceny.
B) As an accomplice to the crimes of burglary and larceny.
C) As an accessory after the fact to burglary only.. Answer: (C)
Accessory after the fact is one who receives, relieves, comforts, or
