FL Bar Criminal Law and Procedure 3

Question 1

A completed battery under Florida law requires:

Accepted Answer

Intentional and unwanted physical contact with another person

Answer

Florida defines battery as the intentional, unauthorized touching or striking of another person against their will, regardless of injury.

Question 2

Under the Confrontation Clause (Crawford v. Washington), testimonial out-of-court statements are admissible against a criminal defendant only if:

Accepted Answer

The declarant is unavailable and the defendant had a prior opportunity to cross-examine

Answer

Crawford held that testimonial hearsay is barred by the Confrontation Clause unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.

Question 3

Larceny at common law requires the taking and carrying away of another's personal property with intent to:

Accepted Answer

Permanently deprive the owner

Answer

Common law larceny requires the specific intent to permanently deprive the owner of the property — borrowing without permission is not larceny.

Question 4

Under Florida Speedy Trial rules, a misdemeanor defendant must be brought to trial within:

Accepted Answer

90 days of arrest

Answer

Florida Rule of Criminal Procedure 3.191 provides that a misdemeanor defendant must be brought to trial within 90 days of arrest.

Question 5

An accomplice to a crime is generally held liable for:

Accepted Answer

The target crime and all foreseeable crimes committed by the principal

Answer

Under accomplice liability, an aider and abettor is liable for the target crime plus all other crimes by the principal that were a natural and probable consequence of the plan.

FL Bar - Florida Bar Exam Practice Test

FL Bar - Florida Bar Exam Practice Test

FL Bar Criminal Law and Procedure 3