Barbri

Question 1

larceny elements

Answer 1

• taking (exercise of control)
• asportation (some movement)
• corporal personal property of another
• from possession of another
• wrongfully, either without permission or with permission obtained by deception AND
• with intent to permanently deprive

Question 2

taking and asporation of the property of another

Answer 2

• asportation: only some movement of the property

- taking: some control adverse to owner

Question 3

intent to permanently deprive… at the time of taking the ∆ must have intended to either…

Answer 3

• permanently keep the property himself OR

- do something with the property that would create at least a high risk that the owner would never get the property back

Question 4

embezzlement

Answer 4

1) possession of property under trust arrangement
2) conversion of that property (use of it contrary to the terms of the trust agreement) AND
3) with intent to defraud

Question 5

false pretenses

Answer 5

1) obtaining title to property from another
2) by means of misrepresentation of present or past fact AND
3) with intent to defraud
- misrepresentations of future fact or unkept promise does not qualify

Question 6

receiving stolen property

Answer 6

1) receiving (taking possession)
2) of property acquired by larceny (or some other property crime)
3) knowing that the property is stolen AND
4) with intent to permanently deprive

Question 7

robbery

Answer 7

larceny in which property is taken either by:

• force (violence) OR
• threat of force (intimidation)

Question 8

robbery by force

Answer 8

force must be used to obtain property or prevent victim from immediately regaining it

Question 9

robbery by threats

Answer 9

• threats must be of imminent physical harm
• victim must be put in fear of harm AND
• threat must be such as would cause apprehension of immediate harm in a reasonable person

Question 10

burglary

Answer 10

1) entry (by any part of body or instrument)
2) by breaking (requires only some force to create an opening)
3) of the dwelling of someone else
4) during the nighttime AND
5) with the intent to commit a felony inside the structure

Question 11

arson

Answer 11

1) malicious (can be by awareness of high risk)
2) burning (requires some physical damage by fire AND to a part of the structure itself)
3) of another’s dwelling

Question 12

murder

Answer 12

1) intent to kill OR
2) intent to cause serious bodily injury OR
3) awareness of extremely high risk that death will result OR
4) intent to commit a felony

Question 13

voluntary manslaughter

Answer 13

1) objectively reasonable provocation
2) this actually caused the ∆ to kill the victim AND
3) ∆ acted on that before an objectively sufficient cooling period elapsed

Question 14

involuntary manslaughter

Answer 14

1) killed in the course of committing a misdemeanor OR

2) with criminal negligence

Question 15

liability for omissions only if

Answer 15

1) defendant has a legal duty to act arising from criminal, tort or K law
2) ∆ was aware of the facts giving rise to the duty to act AND
3) performing the duty was possible

Question 16

constructive possession requires

Answer 16

1) ability to exercise actual physical control
2) with awareness of that ability
3) for a period sufficient to enable the person to terminate the possession

Question 17

a participant in an offense is not guilty of the offense if either…

Answer 17

1) the participant is a member of the persons protected by the crime OR
2) the crime inherently involves several types of participants and only some are made liable

Question 18

to commit a criminal attempt a person must…

Answer 18

1) go far enough to do something constituting a substantial step toward commission of the crime
2) with intent to commit the crime

Question 19

2 part intent for attempt crimes

Answer 19

1) intent to complete the conduct constituting the attempted crime AND
2) any intent necessary for the attempted crime

Question 20

solicitation

Answer 20

1) asking someone to commit an offense
2) with intent that the person commit that offense
- a crime even if immediately rejected

Question 21

for a withdrawal from a conspiracy to be effective it must…

Answer 21

1) be fully communicated to all members of the conspiracy AND
2) before the crime is committed

Question 22

majority subjective rule for entrapment

Answer 22

1) ∆ was not predisposed to commit crimes of the sort charged
2) police created the intent to commit the offense in her mind

Question 23

minority objective rule for entrapment

Answer 23

occurs if police would cause a reasonable and un-predisposed person to form the intent to commit the crime

Question 24

necessity/choice of lesser evils defense

Answer 24

1) ∆ believed that committing the crime would prevent an imminently threatened harm
2) ∆ believed this threatened harm would be greater than the harm that would result from commission of the crime
3) these beliefs were objectively reasoanble