Criminal Law - Bar Exam Set Test Questions With Verified Correct Answers
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Course
QLD BAR
Institution
QLD BAR
Criminal Law - Bar Exam Set Test
Questions With Verified
Correct Answers
When does a state have jurisdiction over a crime? -
ANSWER : (i) Act committed in the state
(ii) Result occurred in the state
Merger (Common Law) - ANSWER : If conduct
constitutes both felony and misdemeanor, the ...
Criminal Law - Bar Exam Set Test
Questions With Verified
Correct Answers
When does a state have jurisdiction over a crime? -
ANSWER ✔ : (i) Act committed in the state
(ii) Result occurred in the state
Merger (Common Law) - ANSWER ✔ : If conduct
constitutes both felony and misdemeanor, the
misdemeanor MERGES into the felony.
Merger (MPC) - ANSWER ✔ : Generally, no merger of
crimes.
Exceptions:
(i) Solicitation and completed crime will merge.
(ii) Attempt and completed crime will merge.
(iii) *Conspiracy and completed crime will NOT merge.
MPC and Inchoate Offenses - ANSWER ✔ : A defendant
may not be convicted of more than one inchoate crime.
Double Jeopardy - ANSWER ✔ : Prohibits trial or
conviction of a person for a lesser included offense if they
have been put in jeopardy for the greater offense.
, Felony - ANSWER ✔ : Punishable by death or
imprisonment more than one year
Misdemeanor - ANSWER ✔ : Punishable by
imprisonment less than one year
Elements of a Crime - ANSWER ✔ : (i) Actus Reus
(ii) Mens Rea
(iii) Concurrence of the act and mental state
Actus Reus - ANSWER ✔ : Voluntary physical act, or
Failure to act in accordance with legal duty
Omission as an Act - ANSWER ✔ : Liability where:
(i) Legal duty to act
(ii) Defendant has knowledge of the facts giving rise to the
duty to act
(iii) It is reasonably possible to perform duty
Legal Duty to Act - ANSWER ✔ : (i) By statute
(ii) By contract
(iii) By special relationship
(iv) Assumption of care
(v) Cause of peril
Possession as an Act - ANSWER ✔ : Defendant has
control of the item for a long enough period to have an
opportunity to terminate the possession.
, Defendant must be aware of their possession of the
contraband, but they. need not be aware of its illegality.
Mental States - ANSWER ✔ : (i) Specific Intent
(ii) General Intent
(iii) Malice
(iv) MPC - purposefully, knowingly, recklessly, negligently
Specific Intent - ANSWER ✔ : Acting with a specific
intent or objective.
Cannot be imputed by merely doing the act - rather the
manner in which the crime was committed.
("Students Can Always Fake A Laugh Even For Ridiculous
Bar Facts")
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