Barbri Review
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
|
|
||||
|---|---|---|---|---|---|
| show | A state acquires jurisdiction over crime if either the conduct or result happened in that state
🗑
|
||||
| show | There is no merger of crimes in American law
🗑
|
||||
| show | Solicitation and attempt do merge into substantive offense;
If you have completed that crime, you cannot be charged with attempting to commit crime
🗑
|
||||
| show | Does NOT merge into substantive offense;
You CAN be convicted of conspiring to do something and doing it
🗑
|
||||
| Essential elements of crime- An act | show 🗑
|
||||
| show | Conduct which is not product of own volition;
A reflexive or convulsive;
An act performed while you are unconscious or asleep (i.e. sleep walking)
🗑
|
||||
| show | No legal duty to rescue but sometimes there is a legal duty to act;
🗑
|
||||
| Essential elements of crime- An omission as an act; Legal duty to act can arise- By statute | show 🗑
|
||||
| Essential elements of crime- An omission as an act; Legal duty to act can arise- By K | show 🗑
|
||||
| show | A parent's duty to protect children, or spouse's duty to protect other spouse
🗑
|
||||
| show | B/c voluntarily assume duty of care and then fail to adequately perform it
🗑
|
||||
| Essential elements of crime- An omission as an act; Legal duty to act can arise- Created peril | show 🗑
|
||||
| Essential elements of crime- Mental state; Common law mental states of crime | show 🗑
|
||||
| Essential elements of crime- Mental state; Common law mental states of crime: Specific intent crimes | show 🗑
|
||||
| Essential elements of crime- Mental state; Common law mental states of crime: Specific intent crimes, Mnemonic | show 🗑
|
||||
| show | On bar, there are only two-
1. Murder (common law, 2nd degree), and
2. Arson;
Only need reckless disregard, high risk of harm
🗑
|
||||
| Essential elements of crime- Mental state; Common law mental states of crime: General intent | show 🗑
|
||||
| Essential elements of crime- Mental state; Common law mental states of crime: Strict liability | show 🗑
|
||||
| show | Strict liability crimes are NO INTENT crimes
🗑
|
||||
| show | If crime administrative/regulatory/MORALITY area and don't seen any adverbs in statute such as knowingly, willfully, or intentionally, then statute meant to be no intent crime of strict liability
🗑
|
||||
| Essential elements of crime- Mental state; Mental state and Model penal code: Purposely | show 🗑
|
||||
| Essential elements of crime- Mental state; Mental state and Model penal code: Knowingly | show 🗑
|
||||
| Essential elements of crime- Mental state; Mental state and Model penal code: Recklessly | show 🗑
|
||||
| Essential elements of crime- Mental state; Mental state and Model penal code: Negligently | show 🗑
|
||||
| show | Always two crimes if transferred intent;
Attempt and actual crime b/c two victims
🗑
|
||||
| Accomplice liability- Accomplice | show 🗑
|
||||
| Accomplice liability- Requisite | show 🗑
|
||||
| Accomplice liability- Liability | show 🗑
|
||||
| Accomplice liability- Accomplices and withdrawal; Encouragement | show 🗑
|
||||
| show | If person aided by providing assistance to principal (such as giving materials), he must do everything possible to neutralize this assistance (such as attempting retrieve materials)
🗑
|
||||
| Accomplice liability- Accomplices and withdrawal; Alternate meaning | show 🗑
|
||||
| show | Inchoate means incomplete
🗑
|
||||
| show | Solicitation is asking someone to commit a crime;
Crime ends when you ask them
🗑
|
||||
| Inchoate offenses- Types; Solicitation: Under common law | show 🗑
|
||||
| Inchoate offenses- Types; Solicitation: Agrees to commit crime | show 🗑
|
||||
| show | No defense
🗑
|
||||
| Inchoate offenses- Types; Conspiracy: Rule | show 🗑
|
||||
| Inchoate offenses- Types; Conspiracy: Common law, Merger | show 🗑
|
||||
| Inchoate offenses- Types; Conspiracy: Common law, Liability for co-conspirators' crime | show 🗑
|
||||
| show | The agreement need NOT be expressed;
Intent can be inferred from conduct;
If one person in two party conspiracy merely feigning agreement, the other person CANNOT be guilty of conspiracy (unless indicated jurisdiction follows MPC unilateral approach)
🗑
|
||||
| show | In order to ground liability for conspiracy there must be agreement plus some overt act in furtherance of conspiracy
🗑
|
||||
| Inchoate offenses- Types; Conspiracy: Common law, Overt act requirement (minority/common law) | show 🗑
|
||||
| show | Agreement + overt act, ANY LITTLE act will do to be an overt act in furtherance of conspiracy, even if act of mere preparation
🗑
|
||||
| show | Always APPLY MAJORITY RULE, unless specifically told otherwise in question
🗑
|
||||
| Inchoate offenses- Types; Conspiracy: Common law, Factual impossiblity | show 🗑
|
||||
| Inchoate offenses- Types; Conspiracy: Common law, Withdrawal | show 🗑
|
||||
| Inchoate offenses- Types; Conspiracy: Common law, Requires two guilty parties | show 🗑
|
||||
| show | 1. Specific intent, plus
2. Overt act in furtherance of crime
🗑
|
||||
| show | Must be a substantial step in furtherance of commission of crime;
Mere preparation cannot ground liability for attempt
🗑
|
||||
| Inchoate offenses- Types; Attempt: Impossibility | show 🗑
|
||||
| Defenses For Crimes Based On Criminal Capacity- Insanity; Four tests: M'Naghten Rule | show 🗑
|
||||
| show | D lacked the capacity for self control and free choice
🗑
|
||||
| show | D's conduct product of mental illness
🗑
|
||||
| show | D lacked ability to conform his conduct to requirements of law
🗑
|
||||
| show | Self-induced intoxication
🗑
|
||||
| show | Is defense on bar only to specific intent crimes (and no other kind of crime)
🗑
|
||||
| show | Addicts and alcoholics are always voluntary intoxicated;
So cannot claim involuntary intoxication
🗑
|
||||
| Criminal Capacity- Intoxication; Involuntary | show 🗑
|
||||
| show | You have something slipped into your drink (didn't know), or
You are forced to drink
🗑
|
||||
| Criminal Capacity- Intoxication; Involuntary: Insanity | show 🗑
|
||||
| Criminal Capacity- Infancy; Rules: Under 7 yrs old | show 🗑
|
||||
| Criminal Capacity- Infancy; Rules: Under 14 yrs old | show 🗑
|
||||
| Principles of Exculpation and Other Defenses- Self-defense; Non-deadly force | show 🗑
|
||||
| Principles of Exculpation and Other Defenses- Self-defense; Use of deadly force in self-defense: Majority | show 🗑
|
||||
| Principles of Exculpation and Other Defenses- Self-defense; Use of deadly force in self-defense: Minority | show 🗑
|
||||
| show | IF examiners say "retreat" jurisdiction then exceptions-
1. No duty to retreat from your home,
2. No duty to retreat if you are victim of a rape or robbery;
3. Police officers have no duty to retreat
🗑
|
||||
| show | Original aggressor must-
1. Withdraw, and
2. Communicate withdraw;
ALMOST NEVER HAPPENS b/c communication
🗑
|
||||
| show | Into one involving deadly force and does so without giving aggressor opportunity to withdraw, original aggressor may use force in own defense (includes deadly force if reasonable)
🗑
|
||||
| show | D can raise a "defense of others" defense if he reasonably believes that person assisted would have had right to use force in his own defense
🗑
|
||||
| Principles of Exculpation and Other Defenses- Self-defense; Defense of others: Majority | show 🗑
|
||||
| show | Deadly force may NEVER be use solely to defend your property
🗑
|
||||
| Other Defenses- Duress; Rule | show 🗑
|
||||
| Other Defenses- Duress; Threats to harm a third person | show 🗑
|
||||
| Other Defenses- Duress; Defense | show 🗑
|
||||
| Other Defenses- Necessity; Rule | show 🗑
|
||||
| show | Necessity differs from duress b/c duress involves human threat, and necessity involves pressure form natural forces
🗑
|
||||
| show | Mistake of fact is defense only when mistake negates intention
🗑
|
||||
| Other Defenses- Mistake of fact; Defense | show 🗑
|
||||
| Other Defenses- Mistake of fact; On bar | show 🗑
|
||||
| Other Defenses- Mistake of fact; NEVER defense | show 🗑
|
||||
| Other Defenses- Mistake of fact; Review | show 🗑
|
||||
| Other Defenses- Consent | show 🗑
|
||||
| show | Criminal design must have originate with law enforcement officers, and
D must not have been predisposed to commit the crime;
Undercover officer involved in buying contraband then ALWAYS entrapment, but usu. NOT defense b/c inducement
🗑
|
||||
| Offenses Against The Person- Battery; Rule | show 🗑
|
||||
| Offenses Against The Person- Battery; Not intentional | show 🗑
|
||||
| Offenses Against The Person- Battery; Force | show 🗑
|
||||
| show | Battery is a general intent crime
🗑
|
||||
| Offenses Against The Person- Assault; Attempt | show 🗑
|
||||
| show | Other than mere words;
Of reasonable apprehension of imminent bodily harm
🗑
|
||||
| show | If there has been an an actual touching, the crime is battery NOT assault
🗑
|
||||
| Offenses Against The Person- Aggravated assault | show 🗑
|
||||
| Offenses Against The Person- Homicide; Murder: Generally | show 🗑
|
||||
| Offenses Against The Person- Homicide; Murder: State of mind if- | show 🗑
|
||||
| show | D conduct must be cause-in-fact of victim's death;
Death would not have occurred but for D's conduct
🗑
|
||||
| show | D is responsible for all results that occur as a natural and probable consequence of his conduct, even if did not anticipate exact manner in which they would occur
🗑
|
||||
| Offenses Against The Person- Homicide; Degrees of murder: First-degree of murder, Premeditating murder | show 🗑
|
||||
| show | Any killing- even an accidental killing- committed during course of felony
🗑
|
||||
| show | If D has a defense to underlying felony, then he has defense to felony murder
🗑
|
||||
| Offenses Against The Person- Homicide; Degrees of murder: First-degree of murder, Felony murder- Defenses, Other than killing | show 🗑
|
||||
| Offenses Against The Person- Homicide; Degrees of murder: First-degree of murder, Felony murder- Defenses, Temporary safety | show 🗑
|
||||
| Offenses Against The Person- Homicide; Degrees of murder: First-degree of murder, Felony murder- Defenses, MBE | show 🗑
|
||||
| Offenses Against The Person- Homicide; Degrees of murder: First-degree of murder, Homicide of police officer | show 🗑
|
||||
| show | Deaths must be foreseeable
🗑
|
||||
| Offenses Against The Person- Homicide; Degrees of murder: Second-degree murder, ... | show 🗑
|
||||
| show | Killian in heat of passion resulting from an adequate provocation of victim
🗑
|
||||
| Offenses Against The Person- Homicide; Degrees of murder: Manslaughter, Voluntary- Provocation | show 🗑
|
||||
| show | b/w provocation and killing for passion of reasonable person to cool
🗑
|
||||
| show | D did not cool off b/w provocation and killing
🗑
|
||||
| show | A killing of criminal negligence, OR
🗑
|
||||
| Offenses Against The Person- Homicide; Degrees of murder: Manslaughter, Involuntary- Misdemeanor manslaughter | show 🗑
|
||||
| show | Unlawful confinement of person without valid consent
🗑
|
||||
| show | If a known alternative route is available, the confinement element will not be met for purposes of false imprisonment
🗑
|
||||
| Offenses Against The Person- False imprisonment; ... | show 🗑
|
||||
| show | Use common sense (esp. if forget on bar);
Confinement of a person with some movement or concealment in secret place
🗑
|
||||
| Sex Offenses- Rape | show 🗑
|
||||
| Sex Offenses- Statutory rape; Strict liability crime | show 🗑
|
||||
| show | Adultery, bestiality, fornication
🗑
|
||||
| show | Common law larceny requires wrongful taking, a carrying away(asportation) of property of another by trespass with intent to permanently deprive
🗑
|
||||
| Property Crimes- Larceny; ... | show 🗑
|
||||
| show | Must exist at time of taking or it is not common law larceny;
But, if person takes property not intending to steal it, but then later decides to keep, can be guilty of larceny under theory of continuing trespass
🗑
|
||||
| Property Crimes- Larceny; Taking property in belief it is yours | show 🗑
|
||||
| Property Crimes- Embezzlement; Rule | show 🗑
|
||||
| show | 1. Embezzler always has lawful possession followed by illegal conversion,
2. Trustee often MBE embezzler,
3. You don't have to carry away to be an embezzler (lawful possession),
4. Embezzler doesn't have to get the benefit
🗑
|
||||
| Property Crimes- False pretenses; Rule | show 🗑
|
||||
| Property Crimes- False pretenses; MBE notes | show 🗑
|
||||
| show | If only possession of property is obtained, offense is larceny by trick;
If title is obtained, offense is false pretenses
🗑
|
||||
| show | Taking of personal property of another from other person's presence, by force or threat with intent to permanently deprive him of it
🗑
|
||||
| Property Crimes- Robbery; MBE notes: Presence requirement | show 🗑
|
||||
| Property Crimes- Robbery; MBE notes: Taking by force/threat | show 🗑
|
||||
| show | Knowingly seeking to obtain property or services by means of a future threat
🗑
|
||||
| Property Crimes- Extortion; Extortion v. Robbery | show 🗑
|
||||
| show | Finger as gun, or bomb in back pack BUT really NOT a weapon STILL armed robbery
🗑
|
||||
| show | Breaking and entering of dwelling of another at night with intent to commit felony therein
🗑
|
||||
| show | Can be actual (involving some force, however slight) or constructive
🗑
|
||||
| show | No actual breaking for someone to come uninvited through a wide open door or window;
If wide open- no breaking;
But someone pushes open an interior door to bedroom or living room then breaking
🗑
|
||||
| show | A breaking by fraud or threat
🗑
|
||||
| Offenses Against Habitation- Burglary; MBE notes: Entering | show 🗑
|
||||
| show | Cannot be barn or commercial structure
🗑
|
||||
| Offenses Against Habitation- Burglary; MBE notes: At night | show 🗑
|
||||
| Offenses Against Habitation- Burglary; MBE notes: Within intent to commit felony therein | show 🗑
|
||||
| show | The malicious burning of dwelling of another
🗑
|
||||
| Offenses Against Habitation- Arson; Malice requirement | show 🗑
|
||||
| Offenses Against Habitation- Arson; MBE notes: Burning | show 🗑
|
||||
| Offenses Against Habitation- Arson; MBE notes: Common law | show 🗑
|
||||
| show | Other arson issues (malice) will often assume without saying jurisdiction's arson law applies to structure other than dwelling
🗑
|
||||
| General notes and tips | show 🗑
|
||||
| General notes and tips continued... | show 🗑
|
Review the information in the table. When you are ready to quiz yourself you can hide individual columns or the entire table. Then you can click on the empty cells to reveal the answer. Try to recall what will be displayed before clicking the empty cell.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Created by:
dmoore147
Popular Law sets