Multiple Choice Questions

Question 1

The substantial factor test for causation states that:

Answer 1

if the defendant’s actions were not enough by themselves to cause the harm, but combined with other forces do produce the harm, the defendant’s actions are considered the cause in fact.

Question 2

If Y helps Z commit burglary by driving Z to the scene and being a lookout, Y can be charged with:

Answer 2

burglary

Question 3

If the victim’s harm is a natural and probable result of the actions of a defendant, then that defendant’s actions are said to the the _____ of the harm

Answer 3

proximate cause

Question 4

trespassery taking and carrying away of the personal property of another with the intent to permanently deprive the possessor of the property

Answer 4

larceny

Question 5

In a jurisdiction that has adopted the MPC, a defendant can be found not guilty by reason of insanity if he:

Answer 5

lacked the capacity to distinguish right from wrong, was unable to control his actions as a result of some mental defect, or was totally incapable of realizing what he was doing.

Question 6

deadly force in self-defense can only be used when deadly force is threatened

Answer 6

deadly force is threatened

Question 7

mistake about the amount of necessary force may be sufficient for

Answer 7

reducing the charge

Question 8

Defense of others majority view

Answer 8

a defender may use as much force as he reasonably believes is required to protect the victim

Question 9

defense of others minority view

Answer 9

a defender can only use that amount of force that the victims himself would be legally allowed to use

Question 10

Solicitation:

Answer 10

intentionally encouraging another to commit a felony or serious misdemeanor. Solicitation is complete once the offer is complete regardless of acceptance or refusal. No value need be offered for solicitation; mere words of encouragement are enough.

Question 11

Mens rea for attempt is:

Answer 11

specific intent

Question 12

Extreme recklessness is sufficient malice for

Answer 12

murder

Question 13

Intent to cause serious bodily harm which is substantial risk to death or prolonged injury to victim is sufficient mens rea for:

Answer 13

murder

Question 14

Mens rea for involuntary manslaughter is

Answer 14

mere recklessness

Question 15

Second-degree murder requires at least (mens rea)

Answer 15

extreme recklessness

Question 16

voluntary manslaughter is

Answer 16

intentional but was committed in the heat of passion

Question 17

In a jurisdiction governed by the MPC, the mens rea for negligent homicide is

Answer 17

a gross deviation from the standard of care

Question 18

robbery is

Answer 18

larceny by force from a person or in the presence of a person

Question 19

intentional creation of apprehension of an immediate battery

Answer 19

criminal assault

Question 20

intoxication is a defense if:

Answer 20

you are so intoxicated that you don’t realize you’re having intercourse

Question 21

MPC recklessly

Answer 21

acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct

Question 22

4 possible mens rea for homicide (CL)

Answer 22

intent to kill
intent to cause grievous bodily harm
intent to commit a felony
depraved-heart murder

Question 23

intentional and unlawful killing of a human with malice aforethought and with time period in which D engages in premeditation and deliberation

Answer 23

1st degree murder (CL)

Question 24

What falls under criminal homicide in the MPC?

Answer 24

murder, manslaughter, or negligent homicide

Question 25

MPC criminal homicide

Answer 25

person is guilty of criminal homicide if he purposely, knowingly, recklessly, or negligently causes the death of another human being

Question 26

MPC murder

Answer 26

Except as in 210.3(b), criminal homicide is murder when:

a. it is committed purposefully or knowingly OR
b. it is committed recklessly under the circumstances manifesting extreme indifference to the value of human life:
i. Such recklessness and indifference is presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson burglary, kidnapping, or felonious escape

Question 27

common law 2nd degree murder

Answer 27

intent to kill with malice aforethought but without the additional elements such as willfulness, premeditation, and deliberation

Question 28

CL if murder occurs in the perpetration or attempt perpetration during one of these felonies, strict liability for 1st degree murder

Answer 28

lewd acts with a minor, rape, arson, robbery, mayhem, burglary

Question 29

When is deadly force from a 3rd party justified?

Answer 29

prevention of a dangerous felony