Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Bar > Bar review > Flashcards

Bar review Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Essential Elements of Crimes

A

Act Requirement
Mental State
Causation
Concurrence Principle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Inchoate offenses

A

Solicitation
Attempt
Conspiracy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Defenses

A 
Insanity
Voluntary Intoxication
Infancy
Mistake
Self-Defense
Necessity
Duress
Entrapment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Specific Intent Crimes

A 
assault
larceny
embezzlement
false pretenses
robbery
forgery
burglary
solicitation
conspiracy
attempt
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Defenses only for Specific Intent Crimes

A

Voluntary Intoxication

Mistake of Fact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Malice Crimes

A

Murder

Arson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

General Intent Crimes

A

Battery
Forcible Rape
False Imprisonment
Kidnapping

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Strict Liability Crimes

A

Statutory Rape

Public Welfare Offenses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Common Law Specific Intent

A

When the crime requires not just the desire to do the act, but also the desire to achieve a specific result.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Common Law Malice

A

When a defendant acts intentionally or with reckless disregard of an obvious or known risk.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Common Law General Intent

A

D need only be generally aware of the factors constituting the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

MPC Purpose

A

Conscious desire is to achieve a particular result - that is what he wants to do

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

MPC Knowledge

A

D acts knowingly when he is aware of what he is doing. With respect to result, he is aware that it is practically certain that his conduct will cause that result

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

MPC Recklessness

A

Aware of a substantial and unjustifiable risk, and he consciously disregards that risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

MPC Negligence

A

Should have been aware of a substantial and unjustifiable risk.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Crim. Proximate Cause

A

the bad result is a natural and probable consequence of the defendant’s conduct - lack of unforeseeable intervening event

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Requirement to have mental state at the time of the culpable act

A

Concurrence principle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Common Law Battery

A

general intent - unlawful application of force to another resulting in injury or offensive touching

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Common Law Assault

A

specific intent - Attempted Battery or

Intentional creation other than by mere words of a reasonable fear in the mind of the victim of imminent bodily harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

CL Murder

A

causing death of another person with malice aforethought

intent to kill or
intent to inflict serious bodily harm or
reckless indifference to human life or
intentional commission of an inherently dangerous felony

21
Q

CL Voluntary Manslaughter

A

Killing intentionally in the head of passion upon adequate provocation

22
Q

CL Involuntary Manslaughter

A

Killing during the commission of a misdemeanor or
Unintentional kill committed with criminal negligence - a gross deviation from a reasonable standard of care
MPC- recklessness

23
Q

False Imprisonment

A

General Intent - Unlawful confinement of a person without consent

24
Q

Kidnapping

A

False imprisonment with moving the victim or concealing the victim in a secret place

25
Q

Forcible Rape

A 
General intent - 
sexual intercourse without consent with
force or
threat of force or
unconscious victim
26
Q

Statutory Rape

A

Strict liability - Sexual intercourse with someone under age of consent
minority/MPC = reasonable mistake of age a defense

27
Q

Larceny

A

Trespassory taking and carrying away personal property in another’s lawful custody with intent to permanently retain.

28
Q

Embezzlement

A

Conversion, with intent to defraud, of personal property of another by someone in lawful possession.

29
Q

ultra vires

A

beyond the scope

30
Q

standing

A

injury
causation
redressability

31
Q

organizational standing

A

member has standing to sue
germane to organization’s purpose
claim nor relief requires participation of individual members

32
Q

exception to no taxpayer standing

A

expenditures in violation of establishment clause

33
Q

ripeness exceptions

A

hardship will be suffered without pre-enforcement review and
fitmess of the issues and record for judicial review

34
Q

mootness exceptions

A

wrong capable of repetition evading review
voluntary cessation
class action suits where some class member’s claim not moot

35
Q

state laws burdening interstate commerce

A

discrimination against out of staters = possible priv. and immunities clause of Art. 4
no discrim against out of staters = possible dormant commerce clause

36
Q

dormant commerce clause test

A

if burdens interstate commerce, violates the dormant commerce clause unless
necessary to achieve an important gov. purpose
exceptions for:
congressional approval
market participant exception

37
Q

Art 4 priv and immunities

A

must discriminate against:
out of state, citizen, non-corporations
then violates unless
necessary to achieve important gov. purpose.

38
Q

state taxes on interstate commerce requirements

A

not used to help in-state buisness
must be a substantial nexus to the state
must be fairly apportioned.

39
Q

Full faith and credit requirements

A

Jurisdiction over parties and subject matter;
final judgment;
on the merits
exceptions: penal, extrinsic fraud

40
Q

Lowest level of const. scrutiny

A

Rational Basis:

rationally related to any legitimate gov. purpose, Burden of Proof on Challenger

41
Q

Middle level of const. scrutiny

A

Intermediate Scrutiny :

Substantially related to the actual important gov. purpose, Burden of Proof on Gov.

42
Q

Highest level of const. scrutiny

A

Strict Scrutiny:

Necessary for the actual compelling gov. purpose, Burden of Proof on the Gov.

43
Q

test for regulatory taking

A

leave no reasonable economically viable use of the property

44
Q

privacy/ abortion rights test

A

undue burden

prior to viability, states may only regulate w/o placing an undue burden.

45
Q

test for regulations of electoral process to prevent fraud

A

on balance desireable

46
Q

Equal protection applied to fed. gov

A

through the 5th amendment due process clause

47
Q

gender classification

A

intermediate scrutiny
for women based on role stereotypes= not allowed
for women to remedy past discrim. = allowed

48
Q

laws punishing group membership test

A

a. actively affiliated with the group;
b. knowing of its illegal activities; and
c. with the specific intent of furthering those illegal activities.

49
Q

establishment clause

A

i. there must be a secular purpose for the law
ii. the effect must be neither to advance nor inhibit religion
iii. there must not be excessive entanglement with religion

b. The government cannot discriminate against religious speech or among religions unless strict scrutiny is met.

Bar (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions