Bar Exam Drills

Question 1

Criminal Attempt:

Answer 1

is the attempt to commit a crime that falls short o the completion of the crime

Question 2

The decision to commit a crime is not enough to garner a _____, and the prosecution is required to prove that the accused ____.

Answer 2

(a) criminal attempt charge
(b) did some overt act intended to complete the underlying criminal act

Question 3

(Attempt)

To get the intended victim, you examine the ____.

Answer 3

intent of the defendant

Question 4

Manslaughter can be either ____ or ____.

Answer 4

(a) voluntary (adequate provocation)
(b) involuntary (criminal negligence)

Question 5

____ negates a certain specific intent elements of the crime.

Answer 5

intoxication

Question 6

False Pretense:

Answer 6

obtaining title and property as a result of an intentional misrepresentation of a past or existing fact with the intent to permanently deprive the owner of the property

Question 7

What is a defense for false pretense?

Answer 7

their subjective believed that something was theirs

Question 8

Larceny:

Answer 8

the asportation or carrying away (the slightest movement will suffice) the personal property of another with the intent to steal it

Question 9

Embezzlement:

Answer 9

the act of withholding property of another for the purpose of conversion of such property, by one to whom the property was entrusted

Question 10

Common Law Murder:

Answer 10

(a) unlawful
(b) killing
(c) through criminal act or omission
(d) of a human
(e) by another human and
(f) with malice aforethought

Question 11

Criminal Conspiracy:

Answer 11

two or more people agree to commit almost any unlawful act, then take some action toward its completion

Question 12

(Criminal Conspiracy)

The action taken need not ____, but it must ____.

Answer 12

(a) itself be a crime
(b) indicate that those involved in the conspiracy knew of the plan and intended to break the law

Question 13

An attempt to commit a crime occurs if a criminal has an:

Answer 13

(a) intent to commit a crime and takes a
(b) substantial step toward completing the crime, but for
(c) reasons not intended by the criminal, the final resulting crime does not occur

Question 14

What are the four insanity tests?

Answer 14

(a) M’Naghten
(b) Irresistible Impulse
(c) ALI
(d) Durham

Question 15

M’Naghten “the head test”:

Answer 15

defendant did not know his action was a crime or unable to appreciate the wrongfulness of his action

Question 16

Irresistible Impulse “the shoulder test”:

Answer 16

defendant could not control or bring his action to the requirement of the law

Question 17

ALI:

Answer 17

is an hybrid of the head and the shoulder test

Question 18

Durham:

Answer 18

the but for test

Question 19

Malice Aforethought:

Answer 19

(a) intent to kill
(b) intent to inflict great bodily injury
(c) reckless indifference to life
(d) felony murder (BARRK)

Question 20

Dismissal of an indictment would not be warranted, because a grand jury is entitled to ____.

Answer 20

consider hearsay and is not limited by the exclusionary rule

Question 21

A witness cannot be compelled to provide potentially incriminating testimony unless the witness is ____.

Answer 21

granted use and derivative-use immunity

Question 22

A defendant’s statement “Maybe I should talk to a lawyer” is ____.

Answer 22

not an unambiguous request for counsel

Question 23

Under the Fourth Amendment, an arrest warrant would have authorized forcible entry only if ____.

Answer 23

the officers had reason to believe that the person was at home at the time of the entry

Question 24

A trial court may excuse a juror for cause from serving in both the guilt and penalty phases of a capital case if a juror’s views regarding the death penalty would ____.

Answer 24

prevent or substantially impair the juror from impartially deciding whether the death penalty is warranted in that particular case

Question 25

(Death Penalty Views) Exclusions of such jurors ____ the fair cross-section right of the Sixth Amendment.

Answer 25

does not violate

Question 26

A person is very likely in custody, even though they were ____, given the time and manner of the police entry.

Answer 26

in their home

Question 27

Even if the police is in a person home, the police couldn't properly interrogate the person without ____.

Answer 27

first providing them with Miranda warnings

Question 28

Even if an out-of-court identification procedure is unnecessarily suggestive, suppression of in-court testimony is ____.

Answer 28

not required if the eyewitness's identification is shown to be reliable under a multi-factory inquiry

Question 29

For double jeopardy purposes, jeopardy does not attach until ____.

Answer 29

trial, when the jury is sworn in (or, in a bench trial, when the first witness is sworn in)

Question 30

Alibi is not a traditional defense, but rather negates an essential element of the crime, due process ____.

Answer 30

precludes imposing upon a defendant the burden of proving alibi

Question 31

Accomplice Liability:

Answer 31

defendant is liable as an accomplice if he or she aided or encouraged the principal's commission of a crime, and with the intent to aid

Question 32

Voluntary Manslaughter:

Answer 32

is the killing of a human being in which the offender acted during the heat of passion, under circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point that they cannot reasonably control their emotions

Question 33

Always consider whether the person asserting self-defense was acting with a ____.

Answer 33

"reasonable belief"

Question 34

Attempt:

Answer 34

an intent to bring about a criminal result and a significant, overt act that is beyond mere preparation

Question 35

Kidnapping:

Answer 35

an unlawful confinement of the victim through force or a show of force, and some movement or concealment of the victim

Question 36

A state may grant broader rights under its own constitution than are granted by ____.

Answer 36

the federal Constitution

Question 37

Evidence generally will not be suppressed where police officers ____.

Answer 37

reasonably held a good faith belief that their actions leading to the discovery of the evidence were authorized by a valid warrant

Question 38

The untimely disclosure of evidence favorable to the defense (including impeachment information) violates the Constitution if the evidence would ____.

Answer 38

have created a reasonable probability of a different outcome had it been disclosed earlier

Question 39

After a defendant is indicted, the right to counsel attaches, and authorities may not ____.

Answer 39

use deception to deliberately elicit statements related to the crime from the defendant without the representation of counsel

Question 40

The Constitution requires unanimity when ____.

Answer 40

a 6-person jury is used

Question 41

Having a depraved heart is ____.

Answer 41

taking actions in which you do not care about the consequences of your actions and recklessly disregard the value of human life

Question 42

Holding a deadly weapon with your finger on the trigger at someone, is _____.

Answer 42

definitely not regarding the value of human life thus, acting with a depraved heart

Question 43

Trespass:

Answer 43

the act of knowingly entering or remaining on someone else's property without permission or legal right to be there

Question 44

Solicitation merges into ____ since it is a lesser crime.

Answer 44

conspiracy

Question 45

Solicitation:

Answer 45

an inchoate crime that involves seeking out another person to engage in a criminal act

Question 46

The two elements of solicitation are:

Answer 46

(a) the intent to have someone else commit a crime (b) an act committed in furtherance of convincing another person to commit a crime

Question 47

Bigamy is a ____ crime.

Answer 47

strict liability

Question 48

For a strict liability crime, a ____ will not serve as a defense to strict liability crimes.

Answer 48

mistake of fact

Question 49

Strict liability requires ____, just the act (acts reus).

Answer 49

no mental state

Question 50

Strict liability offenses are generally:

Answer 50

light penalty and in the interest of the public welfare

Question 51

The Fourth Amendment exclusionary rule does not extend to ____.

Answer 51

grand juries or provide a basis for dismissing a facially valid indictment

Question 52

The 6th Amendment states:

Answer 52

a defendant has the right to counsel at each critical stage of proceedings

Question 53

The open field doctrine states:

Answer 53

a warrantless search of the area outside a property owner's curtilage does not violate the Fourth Amendment

Question 54

To establish a claim of ineffective assistance of counsel, a defendant must show two things:

Answer 54

(a) that defense counsel's performance was deficient (b) that the deficiency was prejudicial

Question 55

A Miranda warning is required whenever a suspect is:

Answer 55

(a) in custody (b) being subjected to custodial interrogation

Question 56

A jury's conviction on a lesser charge constitutes an implied acquittal of a greater charge, thus ____.

Answer 56

barring retrial on that greater charge

Question 57

A corporation has ____ right privilege against self incrimination.

Answer 57

no 5th Amendment