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CRIMINAL LAW (BAR EXAM) QUESTIONS
WITH DETAILED VERIFIED ANSWERS
When does a state have jurisdiction to prosecute a crime? Ans: state
may prosecute crime if significant portion of prohibited CONDUCT or
RESULT occurred in that state
Merger Ans: -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) Ans: BEYOND A REASONABLE DOUBT is the
burden the state bears for every element of a crime
Actus Reus (AR) Ans: 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: Ans: i) statute (e.g.,
paying taxes, reporting child abuse)
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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) Ans: MENTAL or INTERNAL component of a crime
specific intent crimes Ans: -purpose or object
-the manner in which the crime was committed may provide
circumstantial evidence of intent
the major specific intent crimes Ans: 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
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malice Ans: -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 Ans: -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
transferred intent Ans: 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 Ans: MR for offense must exist
SIMULTANEOUSLY with commission of offense
accomplice liability - modern approach Ans: -RULE: one is liable for a
crime someone else commits IF:
-actus reus → aided, encouraged, advised
-mens rea → to assist in commission of crime
CRIMINAL LAW (BAR EXAM) QUESTIONS
WITH DETAILED VERIFIED ANSWERS
When does a state have jurisdiction to prosecute a crime? Ans: state
may prosecute crime if significant portion of prohibited CONDUCT or
RESULT occurred in that state
Merger Ans: -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) Ans: BEYOND A REASONABLE DOUBT is the
burden the state bears for every element of a crime
Actus Reus (AR) Ans: 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: Ans: i) statute (e.g.,
paying taxes, reporting child abuse)
, Page | 2
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) Ans: MENTAL or INTERNAL component of a crime
specific intent crimes Ans: -purpose or object
-the manner in which the crime was committed may provide
circumstantial evidence of intent
the major specific intent crimes Ans: 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
, Page | 3
malice Ans: -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 Ans: -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
transferred intent Ans: 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 Ans: MR for offense must exist
SIMULTANEOUSLY with commission of offense
accomplice liability - modern approach Ans: -RULE: one is liable for a
crime someone else commits IF:
-actus reus → aided, encouraged, advised
-mens rea → to assist in commission of crime
