DE Bar DE Bar Criminal Law and Procedure 1

Question 1

Under Delaware law, which mental state is required for first-degree murder?

Accepted Answer

Intent to cause death

Answer

Delaware first-degree murder requires the intentional causing of another person's death under 11 Del. C. § 636.

Question 2

In Delaware, which court has original jurisdiction over felony criminal cases?

Accepted Answer

Superior Court

Answer

The Delaware Superior Court has exclusive original jurisdiction over all felony criminal matters.

Question 3

Under the Delaware Rules of Criminal Procedure, when must an indictment or information be filed for a felony charge?

Accepted Answer

Prior to or at the time of arraignment

Answer

An indictment or information must be filed prior to or at the time of arraignment under Delaware criminal procedure.

Question 4

Which constitutional provision, as applied through the Fourteenth Amendment, governs search and seizure protections in Delaware criminal proceedings?

Accepted Answer

Fourth Amendment

Answer

The Fourth Amendment prohibition on unreasonable searches and seizures applies to state proceedings through the Fourteenth Amendment's Due Process Clause.

Question 5

Under Delaware law, what is the statute of limitations for most Class A felonies?

Accepted Answer

No limitation

Answer

Delaware has no statute of limitations for Class A felonies, which include the most serious crimes such as murder.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar DE Bar Criminal Law and Procedure 1