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Criminal Law (Bar) Package Deal questions with verified answers
[Show more]Criminal Law (Bar) Package Deal questions with verified answers
[Show more]When does a state have jurisdiction to prosecute a crime? CORRECT ANSWER state may prosecute crime if significant portion of prohibited CONDUCT or RESULT occurred in that state 
 
Merger CORRECT ANSWER -one crime is subsumed into another → can be CHARGED, but cannot be CONVICTED of both 
-Lesser-i...
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Add to cartWhen does a state have jurisdiction to prosecute a crime? CORRECT ANSWER state may prosecute crime if significant portion of prohibited CONDUCT or RESULT occurred in that state 
 
Merger CORRECT ANSWER -one crime is subsumed into another → can be CHARGED, but cannot be CONVICTED of both 
-Lesser-i...
Actus Reus CORRECT ANSWER The act that produces the criminally prohibited result. Needs to be a voluntary conscious act, i.e. reflex actions, hypnosis and sleep walking doesn't count, but habitual acts or acts performed under duress count (but duress can be a defense.) 
 
Omission to Act where ther...
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Add to cartActus Reus CORRECT ANSWER The act that produces the criminally prohibited result. Needs to be a voluntary conscious act, i.e. reflex actions, hypnosis and sleep walking doesn't count, but habitual acts or acts performed under duress count (but duress can be a defense.) 
 
Omission to Act where ther...
Search and seizure CORRECT ANSWER -Found in the U.S. Constitution, 4th Amendment which states: 
-The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause...
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Add to cartSearch and seizure CORRECT ANSWER -Found in the U.S. Constitution, 4th Amendment which states: 
-The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause...
Four Essential Elements of Crimes CORRECT ANSWER (1) Act 
(2) Mental State 
(3) Causation 
(4) Concurrence 
 
Defenses CORRECT ANSWER (1) Insanity 
(2) Voluntary Intoxication 
(3) Infancy 
(4) Mistake 
(5) Self-Defense 
(6) Necessity 
(7) Duress 
(8) Entrapment 
 
Burden of Proof CORRECT ANSWER Pros...
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Add to cartFour Essential Elements of Crimes CORRECT ANSWER (1) Act 
(2) Mental State 
(3) Causation 
(4) Concurrence 
 
Defenses CORRECT ANSWER (1) Insanity 
(2) Voluntary Intoxication 
(3) Infancy 
(4) Mistake 
(5) Self-Defense 
(6) Necessity 
(7) Duress 
(8) Entrapment 
 
Burden of Proof CORRECT ANSWER Pros...
A State Acquires Jurisdiction if... CORRECT ANSWER 1. The conduct or 
2. The result 
happened in that state 
 
Merger of Crimes CORRECT ANSWER no merger BUT 
Solicitation and attempt do merge 
BUT not conspiracy 
 
"ACT" as to crime CORRECT ANSWER MUST be voluntary 
 
Examples of things that aren...
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Add to cartA State Acquires Jurisdiction if... CORRECT ANSWER 1. The conduct or 
2. The result 
happened in that state 
 
Merger of Crimes CORRECT ANSWER no merger BUT 
Solicitation and attempt do merge 
BUT not conspiracy 
 
"ACT" as to crime CORRECT ANSWER MUST be voluntary 
 
Examples of things that aren...
Scope CORRECT ANSWER WA Criminal Code is at RCW 9A Criminal liability. The criminal degree of proof is "beyond a reasonable doubt." 
 
2 requirements for crime CORRECT ANSWER (1) mens rea (culpable mental state: intent, knowledge, recklessness, or criminal negligence); 
(2) actus reus (culpable ac...
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Add to cartScope CORRECT ANSWER WA Criminal Code is at RCW 9A Criminal liability. The criminal degree of proof is "beyond a reasonable doubt." 
 
2 requirements for crime CORRECT ANSWER (1) mens rea (culpable mental state: intent, knowledge, recklessness, or criminal negligence); 
(2) actus reus (culpable ac...
Murder CORRECT ANSWER unlawful homicide (physical act) committed with malice (mental state). Common law - death = no breathing/heart stops. Modernly - death = brain dead. 
 
Homicide, categories. 
"Killing is caused by defendant if..." CORRECT ANSWER Four scenarios in which killing is "caused by...
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Add to cartMurder CORRECT ANSWER unlawful homicide (physical act) committed with malice (mental state). Common law - death = no breathing/heart stops. Modernly - death = brain dead. 
 
Homicide, categories. 
"Killing is caused by defendant if..." CORRECT ANSWER Four scenarios in which killing is "caused by...
Every person, unless previously released, must appear before a judicial officer within 24 hours of arrest CORRECT ANSWER How long before a person must appear before a judicial officer after being arrested? (First Appearance) 
 
Within 48 hours of being arrested and placed in custody, a Defendant sha...
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Add to cartEvery person, unless previously released, must appear before a judicial officer within 24 hours of arrest CORRECT ANSWER How long before a person must appear before a judicial officer after being arrested? (First Appearance) 
 
Within 48 hours of being arrested and placed in custody, a Defendant sha...
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Simple Robbery CORRECT ANSWER (1) taking anything of value 
(2) from person/immediate control 
(3) using force or intimidation 
 
Second Degree Robbery CORRECT ANSWER (1) - (3) Simple Robbery 
+ 
(4) specific intent to cause serious bodily injury 
(5) victim suffered serious bodily injury 
 
First D...
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Add to cartSimple Robbery CORRECT ANSWER (1) taking anything of value 
(2) from person/immediate control 
(3) using force or intimidation 
 
Second Degree Robbery CORRECT ANSWER (1) - (3) Simple Robbery 
+ 
(4) specific intent to cause serious bodily injury 
(5) victim suffered serious bodily injury 
 
First D...
Main Issue Spotting Checklist CORRECT ANSWER 1. Inchoate Crimes 
2. Third Party Liability 
3. Crimes Against Property 
4. Crimes Against A Person 
5. Defenses to Crimes 
 
Inchoate Crimes CORRECT ANSWER CAS 
Conspiracy 
Attempt 
Solicitation 
 
Third Party Liability CORRECT ANSWER EVA 
Enterprise Li...
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Add to cartMain Issue Spotting Checklist CORRECT ANSWER 1. Inchoate Crimes 
2. Third Party Liability 
3. Crimes Against Property 
4. Crimes Against A Person 
5. Defenses to Crimes 
 
Inchoate Crimes CORRECT ANSWER CAS 
Conspiracy 
Attempt 
Solicitation 
 
Third Party Liability CORRECT ANSWER EVA 
Enterprise Li...
Assault First Degree CORRECT ANSWER Intentionally causing serious physical injury: 1) with a deadly weapon/dangerous instrument; 2) against a LEO, CO, FF, emergency care worker, or paramedic; or 3) against a victim 62 or older 
 
OR reckless conduct which causes a substantial risk of death resulting...
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Add to cartAssault First Degree CORRECT ANSWER Intentionally causing serious physical injury: 1) with a deadly weapon/dangerous instrument; 2) against a LEO, CO, FF, emergency care worker, or paramedic; or 3) against a victim 62 or older 
 
OR reckless conduct which causes a substantial risk of death resulting...
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