General Practice (Uworld)

Question 1

Necessity Justification

Answer 1

• to avoid imminent and substantial harm
• no reasonable legal alternative
• harm caused was less than the harm avoided

Question 2

When can an initial aggressor claim self

Question 3

When is a defendant able to raise an intoxication defense?

Answer 3

if he/she intoxicated when the crime was committed because of

1) involuntary intoxication - didn’t know ingesting intoxicating substance

2) voluntary intoxication - only a defense to a specific intent crime (if the intoxication prevented the defendant from forming the intent)

Question 3

When is voluntary intoxication a defense under MPC

Answer 3

When the requisite mental state is:
- purposely
- knowingly

Question 4

Murder may be reduced to voluntary manslaughter if the defendant _______

Answer 4

acted in Imperfect Self-Defense

Question 5

When does Imperfect Self Defense occur?

Answer 5

1) honestly but unreasonably believed that deadly force was necessary to prevent serious bodily injury or death

2) started the altercation that led to the necessary use of deadly force

Question 6

When does depraved-heart murder occur?

Answer 6

when a person’s reckless disregard of a high risk of serious bodily harm is the actual (but for) and proximate (foreseeable) cause of another’s death

Question 7

What is depraved heart murder?

Answer 7

reckless indifference to an obvious or high risk to human life

Question 8

What is Felony murder?

Answer 8

intent to commit an inherently dangerous felony

Question 9

What is murder?

Answer 9

the unlawful killing of another with malice aforethought requirement

Question 10

What are the four types of mental states to satisfy the malice aforethought requirement (for murder)?

Answer 10

1) intent to kill
2) intent to cause serious bodily injury
3) depraved-heart murder
4) felony murder