CRIMINAL LAW (BAR EXAM) EXAM WITH CORRECT ACTUAL
QUESTIONS AND CORRECTLY WELL DEFINED ANSWERS LATEST
ALREADY GRADED A+
When does a state have jurisdiction to prosecute a crime? - (answer)state may prosecute crime if
significant portion of prohibited CONDUCT or RESULT occurred in that state
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)
,CRIMINAL LAW (BAR EXAM) EXAM WITH CORRECT ACTUAL
QUESTIONS AND CORRECTLY WELL DEFINED ANSWERS LATEST
ALREADY GRADED A+
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
, CRIMINAL LAW (BAR EXAM) EXAM WITH CORRECT ACTUAL
QUESTIONS AND CORRECTLY WELL DEFINED ANSWERS LATEST
ALREADY GRADED A+
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
transferred intent - (answer)intent to cause harm to a particular individual or object TRANSFERS if it
instead causes SIMILAR harm to another person or object
Concurrence of Actus Reus and Mens Rea - (answer)MR for offense must exist SIMULTANEOUSLY with
commission of offense
accomplice liability - modern approach - (answer)-RULE: one is liable for a crime someone else commits
IF:
-actus reus → aided, encouraged, advised
-mens rea → to assist in commission of crime
accomplice liability - 4 Categories of Parties to a Crime (common law approach) - (answer)1) Principal in
the 1st degree → present at scene, commits AT LEAST one element of the crime (example: masked bank
robber)
2) Principal in the 2nd degree → present at scene, assists but does NOT commit ANY element of the
crime (example: driver or lookout)
3) Accessory BEFORE the fact → not at scene, provided assistance beforehand (example: planner or
supplier)
4) Accessory AFTER the fact → not at scene, provided assistance after crime was over (example: hideout
provider)
accomplice liability for PRINCIPLE and ACCESSORY BEFORE the fact: - (answer)1) crime committed, AND
QUESTIONS AND CORRECTLY WELL DEFINED ANSWERS LATEST
ALREADY GRADED A+
When does a state have jurisdiction to prosecute a crime? - (answer)state may prosecute crime if
significant portion of prohibited CONDUCT or RESULT occurred in that state
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)
,CRIMINAL LAW (BAR EXAM) EXAM WITH CORRECT ACTUAL
QUESTIONS AND CORRECTLY WELL DEFINED ANSWERS LATEST
ALREADY GRADED A+
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
, CRIMINAL LAW (BAR EXAM) EXAM WITH CORRECT ACTUAL
QUESTIONS AND CORRECTLY WELL DEFINED ANSWERS LATEST
ALREADY GRADED A+
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
transferred intent - (answer)intent to cause harm to a particular individual or object TRANSFERS if it
instead causes SIMILAR harm to another person or object
Concurrence of Actus Reus and Mens Rea - (answer)MR for offense must exist SIMULTANEOUSLY with
commission of offense
accomplice liability - modern approach - (answer)-RULE: one is liable for a crime someone else commits
IF:
-actus reus → aided, encouraged, advised
-mens rea → to assist in commission of crime
accomplice liability - 4 Categories of Parties to a Crime (common law approach) - (answer)1) Principal in
the 1st degree → present at scene, commits AT LEAST one element of the crime (example: masked bank
robber)
2) Principal in the 2nd degree → present at scene, assists but does NOT commit ANY element of the
crime (example: driver or lookout)
3) Accessory BEFORE the fact → not at scene, provided assistance beforehand (example: planner or
supplier)
4) Accessory AFTER the fact → not at scene, provided assistance after crime was over (example: hideout
provider)
accomplice liability for PRINCIPLE and ACCESSORY BEFORE the fact: - (answer)1) crime committed, AND
