MEE Rule Statements

Question 1

In a majority of jurisdictions, the defendant has the burden of proving

Answer 1

insanity

Question 2

Under the M’Naughten test, a defendant is

Answer 2

not exculpated simply because he believes his act to be morally right.

Question 3

A killing that results from reckless indifference to an unjustifiably high risk to human life is a

Answer 3

depraved heart murder

Question 4

involuntary manslaughter is an

Answer 4

unintentional homicide that is either committed with criminal negligence or committed while the defendant is engaged in an unlawful act

Question 5

criminal negligence is a

Answer 5

grossly negligent action that puts another person at significant risk of serious bodily injury or death

Question 6

criminal negligence requires more than ordinary tort negligence but less than

Answer 6

the conduct required for depraved heart murder

Question 7

under the MPC, criminal negligence is a defendant’s reckless act which is a

Answer 7

gross deviation from the standard of conduct a law-abiding person would observe in the defendant’s situation when the defendant was actually aware of the risk his conduct posed.

Question 8

a defendant can claim the duress defense when a third party’s unlawful threat causes the defendant to

Answer 8

reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and the defendant violates the law.

Question 9

battery is the

Answer 9

unlawful application of force to another person that causes bodily harm or constitutes an offensive touching.

Question 10

assault is either

Answer 10

an attempt to commit battery or intentionally placing another in apprehension of imminent bodily harm

Question 11

robbery is

Answer 11

larceny by force or intimidation when the taking is from the person or presence of the victim

Question 12

larceny is the

Answer 12

trespassory taking and carrying away of the personal property of another with the intent to steal

Question 13

burglary under common law is

Answer 13

the breaking and entering of a dwelling of another at nighttime with the specific intent to commit a felony therein

Question 14

murder is the

Answer 14

unlawful killing of a human being committed with malice aforethought.

Question 15

malice aforethought includes the mental state of

Answer 15

intent to kill.

Question 16

voluntary manslaughter is

Answer 16

murder committed in response to adequate provocation– in the heat of passion.

Question 17

Whether or not one acts in the heat of passion in response to adequate provocation is subject to the

Answer 17

reasonable person standard.

Question 18

discovery of adultery by a spouse may constitute sufficient provocation that would cause

Answer 18

a reasonable person to momentarily act out of passion rather than reason.

Question 19

with voluntary manslaughter, if there was sufficient time between the provocation and the killing for a reasonable person to cool off,

Answer 19

the murder is not mitigated to manslaughter.

Question 20

Rape is the

Answer 20

unlawful sexual intercourse with a person against his/her will by force or threat of immediate force. Most statutes have removed the force requirement and have replaced with consent.

Question 21

To constitute attempt, there must be a

Answer 21

substantial step towards commission of a crime coupled with intent to commit the crime.

Question 22

kidnapping is the

Answer 22

unlawful confinement of a person against that person’s will coupled either with the movement or the hiding of the person.

Question 23

Assault is either an

Answer 23

attempt to commit a battery or intentionally placing another in apprehension of imminent bodily harm.

Question 24

The fifth amendment protection against double jeopardy applies to the

Answer 24

states through the due process clause of the 14th amendment and protects against multiple punishments for the same offense.

Question 25

If a defendant’s conduct may be prosecuted as two or more crimes, then the

Answer 25

Blockburger test is applied to determine whether the crimes constitute the same offense for double jeopardy purposes.

Question 26

Under the Blockburger test, each crime must require the proof of an

Answer 26

element that the other does not in order for each to be considered as a separate offense.

Question 27

The double jeopardy clause generally bars

Answer 27

successive prosecutions for greater and lesser included offense.

Question 28

A lesser included offense is one that

Answer 28

does not require proof of an element beyond those required by the greater offense.

Question 29

The due process clause requires that the

Answer 29

prosecution prove all of the elements of the case beyond a reasonable doubt.

Question 30

A mandatory presumption regarding an element of an offense

Answer 30

violates the due process requirement. This could include either a conclusive presumption that cannot ebr ebutted or a rebuttable mandatory presumption.

Question 31

Any fact, other than a prior conviction, that can be used to increase a sentence beyond the statutorily prescribed maximum must be charged in an

Answer 31

indictment, submitted to a jury, and established beyond a reasonable doubt.

Question 32

A fact is considered an element of a crime, as opposed to a

Answer 32

sentencing enhancement, when it can increase the maximum sentence imposed.

Question 33

The failure to abide by the above procedure is a violation of

Answer 33

the defendant’s due process rights under the 5th and 6th amendment rights to notice and a jury trial, both of which are incorporated against the states through the 14th amendment.

Question 34

Common law burglary is the

Answer 34

breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein.

Question 35

Breaking, for a burglary, is generally accomplished by

Answer 35

using force to create an opening into a dwelling, but slight force, such as pushing open a window that was ajar, also satisfies the element.

Question 36

Entering, for burglary, occurs when any portion of the

Answer 36

defendant’s body crosses into the dwelling without permission through the opening created by the breaking.

Question 37

Larceny is the

Answer 37

trespassory taking and carrying away of the personal property of another with the intent to permanently deprive that person of the property.

Question 38

When an initial taking was trespassory but there was no intent at the time to permanently deprive the person of the property, then the

Answer 38

continuing trespass rule serves to deem the original trespass “continuing” so that it coincides with later-acquired criminal intent.

Question 39

Embezzlement is the

Answer 39

fraudulent conversion of the property of another person who is in lawful possession of the property.

Question 40

Conversion is the innapropriate use of the property

Answer 40

held pursuant to a trust agreement, which causes a serious interference with the owner’s rights to the property.

Question 41

To be guilty of stolen property, the defendant must

Answer 41

receive control of stolen property, know that the property is stolen, and intend to permanently deprive the owner of the property.

Question 42

Property that is unlawfully obtained through

Answer 42

larceny, embezzlement, or false pretense is stolen property.

Question 43

For stolen property, the act of receiving the property must coincide with the

Answer 43

recipient’s knowledge that the property is stolen.

Question 44

For receipt of stolen property, some jurisdictions require that the defendant have

Answer 44

actual, subjective knowledge that the property has been stolen. Other jurisdictions permit the defendant’s knowledge to be inferred from facts that would alert a reasonable person to unlawful acquisition of the property.

Question 45

under the common law, one who is not the aggressor is justified in using

Answer 45

reasonable force against another person to prevent imminent unlawful harm to herself.

Question 46

The harm to the defendant, to use reasonable force, must be

Answer 46

imminent, not a threat of future harm, and the person can only use as much force is required to repel the attack.