CAS Bar Criminal Law 3

Question 1

Which of the following is an element of common-law larceny that distinguishes it from embezzlement?

Accepted Answer

The property must be taken by trespassory taking from another's possession

Answer

Larceny requires a trespassory taking from another's possession, while embezzlement involves a lawful initial possession that is later fraudulently converted.

Question 2

Under the insanity defense based on the M'Naghten test, a defendant is excused if, as a result of mental disease, the defendant:

Accepted Answer

Did not know the nature of the act or did not know it was wrong

Answer

The M'Naghten test focuses solely on cognition: the defendant must not know the nature of the act or that it was wrong, not on volitional capacity.

Question 3

Defendant breaks into a store at 2 a.m. intending to steal jewelry. He is surprised by a security guard and punches the guard, breaking his nose. Defendant is MOST likely guilty of:

Accepted Answer

Burglary and battery

Answer

Burglary is satisfied by the nighttime breaking and entering with intent to steal; battery occurs when defendant punches the guard, but this is not robbery because the force was not used to accomplish the taking.

Question 4

Which of the following is the MOST accurate statement regarding the voluntary intoxication defense?

Accepted Answer

Voluntary intoxication may negate the specific intent required for a specific-intent crime

Answer

Voluntary intoxication is a partial defense that may negate specific intent (e.g., premeditation, intent to steal) but is not available for general-intent crimes.

Question 5

Under common law, provocation reduces a murder charge to voluntary manslaughter only if the provocation was:

Accepted Answer

Sufficient to cause a reasonable person to lose self-control and the defendant actually acted in the heat of passion

Answer

Provocation must be legally adequate (e.g., witnessing adultery, mutual combat) and must have actually provoked the defendant before cooling time elapsed.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Criminal Law 3