CAS Bar Criminal Law 4

Question 1

Under California law, first-degree murder includes all of the following EXCEPT:

Accepted Answer

Killing committed in the heat of passion upon adequate provocation

Answer

Killing in the heat of passion reduces murder to voluntary manslaughter, not first-degree murder; it negates the premeditation and deliberation required for first-degree.

Question 2

Rob points a gun at Karen, demands her wallet, and she hands it over. Rob is guilty of:

Accepted Answer

Robbery because he used intimidation to take property from her person

Answer

Robbery is larceny from a person using force or intimidation; pointing a gun constitutes intimidation even if no physical force is applied.

Question 3

Which of the following is NOT a required element of common-law rape?

Accepted Answer

The victim must be a stranger to the defendant

Answer

Common-law rape requires intercourse by force without consent; the relationship between the parties (stranger vs. acquaintance) is not an element, though marital-rape exemptions historically existed.

Question 4

A defendant claims he honestly (but unreasonably) believed the victim was about to attack him when he struck the victim first. This belief is most relevant to which defense?

Accepted Answer

Imperfect self-defense, potentially reducing murder to voluntary manslaughter

Answer

Imperfect (or unreasonable) self-defense applies when the defendant had an honest but unreasonable belief in the need for self-defense, typically reducing murder to voluntary manslaughter in jurisdictions that recognize it.

Question 5

Paula asks Bill to commit arson; Bill refuses. Paula burns the building herself. Paula is guilty of:

Accepted Answer

Solicitation and arson

Answer

Solicitation is complete when the request is made; the fact that the solicited party refuses does not undo the solicitation, and Paula also committed arson by burning the building herself.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Criminal Law 4