FYLSX Crimes Against the Person (Non-Homicide)

Question 1

As a prank, D spits on V's face. V is not physically hurt. Has D committed criminal battery?

Accepted Answer

Yes, because an unlawful offensive touching is enough for battery

Answer

Battery is the unlawful application of force to another person that causes bodily injury or an offensive touching. Physical injury is not required, and an offensive contact like spitting is enough. Battery is a general intent crime.

Question 2

D swings a bat at V's head while V is asleep and misses. V never wakes. Can D be convicted of assault?

Accepted Answer

Yes, under the attempted-battery form of assault

Answer

Assault has two forms: (1) an attempted battery, and (2) intentionally placing someone in reasonable apprehension of an imminent battery. The attempted-battery form does not require the victim to be aware of the attack.

Question 3

D locks V in a basement against V's will for several hours but never moves V anywhere else. Under the traditional common law, which crime is the best fit?

Accepted Answer

False imprisonment

Answer

False imprisonment is the unlawful confinement of a person without valid consent. Kidnapping traditionally also requires moving the victim (asportation) or concealing them.

Question 4

D, posing as a doctor, tells V that a procedure is a medical exam when it is actually sexual intercourse. V agrees to an 'exam.' At common law, how does D's fraud affect V's consent?

Accepted Answer

V's consent is invalid because this is fraud in the factum: V did not know the act was intercourse

Answer

Fraud in the factum, meaning deception about the nature of the act itself, negates consent, so the intercourse is without consent. Fraud in the inducement, such as a false promise of marriage, traditionally does not negate consent at common law.

Question 5

In a fight, D deliberately bites off part of V's ear. Which common law crime fits most specifically?

Accepted Answer

Mayhem

Answer

At common law, mayhem is the malicious dismemberment or disablement of a part of the victim's body. Modern statutes often expand it to include disfigurement. Biting off part of an ear is a classic example.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Crimes Against the Person (Non-Homicide)