Bar review Flashcards
Essential Elements of Crimes
Act Requirement
Mental State
Causation
Concurrence Principle
Inchoate offenses
Solicitation
Attempt
Conspiracy
Defenses
Insanity Voluntary Intoxication Infancy Mistake Self-Defense Necessity Duress Entrapment
Specific Intent Crimes
assault larceny embezzlement false pretenses robbery forgery burglary solicitation conspiracy attempt
Defenses only for Specific Intent Crimes
Voluntary Intoxication
Mistake of Fact
Malice Crimes
Murder
Arson
General Intent Crimes
Battery
Forcible Rape
False Imprisonment
Kidnapping
Strict Liability Crimes
Statutory Rape
Public Welfare Offenses
Common Law Specific Intent
When the crime requires not just the desire to do the act, but also the desire to achieve a specific result.
Common Law Malice
When a defendant acts intentionally or with reckless disregard of an obvious or known risk.
Common Law General Intent
D need only be generally aware of the factors constituting the crime
MPC Purpose
Conscious desire is to achieve a particular result - that is what he wants to do
MPC Knowledge
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
MPC Recklessness
Aware of a substantial and unjustifiable risk, and he consciously disregards that risk
MPC Negligence
Should have been aware of a substantial and unjustifiable risk.
Crim. Proximate Cause
the bad result is a natural and probable consequence of the defendant’s conduct - lack of unforeseeable intervening event
Requirement to have mental state at the time of the culpable act
Concurrence principle
Common Law Battery
general intent - unlawful application of force to another resulting in injury or offensive touching
Common Law Assault
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.
CL Murder
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
CL Voluntary Manslaughter
Killing intentionally in the head of passion upon adequate provocation
CL Involuntary Manslaughter
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
False Imprisonment
General Intent - Unlawful confinement of a person without consent
Kidnapping
False imprisonment with moving the victim or concealing the victim in a secret place
Forcible Rape
General intent - sexual intercourse without consent with force or threat of force or unconscious victim
Statutory Rape
Strict liability - Sexual intercourse with someone under age of consent
minority/MPC = reasonable mistake of age a defense
Larceny
Trespassory taking and carrying away personal property in another’s lawful custody with intent to permanently retain.
Embezzlement
Conversion, with intent to defraud, of personal property of another by someone in lawful possession.
ultra vires
beyond the scope
standing
injury
causation
redressability
organizational standing
member has standing to sue
germane to organization’s purpose
claim nor relief requires participation of individual members
exception to no taxpayer standing
expenditures in violation of establishment clause
ripeness exceptions
hardship will be suffered without pre-enforcement review and
fitmess of the issues and record for judicial review
mootness exceptions
wrong capable of repetition evading review
voluntary cessation
class action suits where some class member’s claim not moot
state laws burdening interstate commerce
discrimination against out of staters = possible priv. and immunities clause of Art. 4
no discrim against out of staters = possible dormant commerce clause
dormant commerce clause test
if burdens interstate commerce, violates the dormant commerce clause unless
necessary to achieve an important gov. purpose
exceptions for:
congressional approval
market participant exception
Art 4 priv and immunities
must discriminate against:
out of state, citizen, non-corporations
then violates unless
necessary to achieve important gov. purpose.
state taxes on interstate commerce requirements
not used to help in-state buisness
must be a substantial nexus to the state
must be fairly apportioned.
Full faith and credit requirements
Jurisdiction over parties and subject matter;
final judgment;
on the merits
exceptions: penal, extrinsic fraud
Lowest level of const. scrutiny
Rational Basis:
rationally related to any legitimate gov. purpose, Burden of Proof on Challenger
Middle level of const. scrutiny
Intermediate Scrutiny :
Substantially related to the actual important gov. purpose, Burden of Proof on Gov.
Highest level of const. scrutiny
Strict Scrutiny:
Necessary for the actual compelling gov. purpose, Burden of Proof on the Gov.
test for regulatory taking
leave no reasonable economically viable use of the property
privacy/ abortion rights test
undue burden
prior to viability, states may only regulate w/o placing an undue burden.
test for regulations of electoral process to prevent fraud
on balance desireable
Equal protection applied to fed. gov
through the 5th amendment due process clause
gender classification
intermediate scrutiny
for women based on role stereotypes= not allowed
for women to remedy past discrim. = allowed
laws punishing group membership test
a. actively affiliated with the group;
b. knowing of its illegal activities; and
c. with the specific intent of furthering those illegal activities.
establishment clause
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.
