Purple Add-ons

Question 0

What rule should you always apply?

Answer 0

Always apply the majority rule, unless it tells you specifically which rule to use

Question 1

What is malicious mischief?

Answer 1

The willful or wanton destruction of the property of another

Question 2

Mental culpability provisions written in statutes apply to what?

Answer 2

All material elements unless otherwise stated

Question 3

A state of mind spelled out at the beginning of the statute travels to what?

Answer 3

All material elements unless specifically stated otherwise

Question 4

If you rely in good faith on a subordinate that hasn’t demonstrated unreliability, is that reckless disregard of the truth?

Answer 4

No

Question 5

What is the MPC definition of a volitional act?

Answer 5

Voluntary movement that is not the product of the effort or determination of the actor, either conscious or habitual

Question 6

Is a habit still a conscious choice?

Answer 6

Yes, it is just unconsciously repeated

Question 7

Is your action volitional if you take a shotgun on your porch thinking an intruder is in your yard, accidentally slip on a toy left on the porch, and when your gun goes off shoot your neighbor?

Answer 7

Yes, because you knowingly and voluntarily took your gun and walked onto the dark patio. Just because your acts of falling and inadvertently firing the gun were accidental, doesn’t mean they weren’t volitional

Question 8

What is the good Samaritan rule?

Answer 8

By undertaking to aid to someone, even though you had no obligation to do it, you have a duty not to leave them in greater peril

Question 9

What is an example of the good Samaritan rule?

Answer 9

If you try to help someone out of a bullpen, get frustrated and leave them by closing the gate that was open before, you’ve given less chance of escape

Question 10

All attempt crimes are what kind of intent?

Answer 10

Specific intent

Question 11

How does vicarious liability apply to solicitation?

Answer 11

If you solicit someone to commit a crime, you’re vicariously liable for anything they do in furtherance of the crime

Question 12

What are the overt act requirements for conspiracy?

Answer 12

• CL: you just need an agreement

- Modernly: must have an overt act (this is the majority position)

Question 13

What do many jurisdictions say about the overt act for conspiracy?

Answer 13

That the overt act was the entering into the agreement

Question 14

Under the MPC if you withdraw from a conspiracy, is that a defense to the conspiracy?

Answer 14

Yes, if you did an overt act to withdraw from it like thwarting commission, telling the police, informing the victim, etc.

Question 15

Must a conspirator agree to participate in every aspect of a criminal scheme in order to be a conspirator?

Answer 15

No, it is enough if he agrees to further the unlawful purpose in some way

Question 16

What will generally be on an exam when it comes to overt act for conspiracy?

Answer 16

Usually follows the common-law, so no overt act is required, unless the question specifically says otherwise

Question 17

What are the two zones that you should think of attempt as?

Answer 17

• zone of preparation to commit a crime

- zone of perpetration to commit a crime

Question 18

Is there attempt liability if someone is in the zone of preparation to commit a crime?

Answer 18

No

Question 19

Is there attempt liability if someone is in the zone of perpetration to commit a crime?

Answer 19

Yes

Question 20

What does it mean for there not to be liability for one party because of the definition of a crime?

Answer 20

The statute involves two necessary parties, but only one of them is identified, and one is left unnamed and unpunished, showing the legislation didn’t intend to punish that second necessary party

Question 21

How can involuntary manslaughter come from improper use of reasonable care while performing a legal act?

Answer 21

If you excitedly give an old friend a big hug and they fall over, hit their head, and die, you’re probably guilty of involuntary manslaughter because you didn’t use reasonable care in trying to hug your friend

Question 22

What must you always mention when you talk about degrees on an exam?

Answer 22

That degrees of murder are not common law crimes

Question 23

If you ask someone to stop touching you in a way you feel is offensive, what have you shown?

Answer 23

That you feel it is offensive, so if they continue to do so, they have committed a battery

Question 24

If someone keeps playing with your hair after you asked them to stop, what crime have they committed?

Answer 24

Battery

Question 25

If a fact pattern doesn’t specifically mention modern mayhem, what should you assume?

Answer 25

Common law Mayhem

Question 26

What is modern law larceny?

Answer 26

Grand theft and petty theft

Question 27

Grand theft:

Answer 27

The intentional taking of the property of others in an amount exceeding the state statutory limit

Question 28

What is usually the state statutory limit for grand theft?

Answer 28

$400

Question 29

What is petty theft?

Answer 29

The fraudulent misappropriation of property worth less than $400

Question 30

Grand theft and petty theft fall under what law?

Answer 30

Modern law larceny

Question 31

What is the definition of attempt?

Answer 31

Defendant must have specific intent to commit the crime, and take a substantial step toward commission of the crime

Question 32

If you fail to get medical attention for someone that you are in charge of when they are ill, is that enough to find malice necessary for a murder conviction?

Answer 32

Yes, this is criminal negligence, and creates an involuntary manslaughter charge