FYLSX Criminal Law Elements & Defenses 4

Question 1

What distinguishes robbery from larceny?

Accepted Answer

Robbery requires taking from the person or presence of another by force or intimidation

Answer

Robbery is larceny aggravated by force or intimidation directed at the victim's person or immediate presence at the time of the taking.

Question 2

A defendant who is the first aggressor in a fight:

Accepted Answer

May regain self-defense rights by withdrawing and communicating that withdrawal

Answer

An initial aggressor can regain the right of self-defense by completely withdrawing from the fight and communicating that withdrawal to the other party.

Question 3

At common law, conspiracy is complete:

Accepted Answer

Upon the agreement between two or more persons with criminal intent

Answer

At common law, conspiracy was complete upon the meeting of the minds (agreement) with intent; no overt act was required (though many modern statutes require one).

Question 4

Pete, under hypnosis ordered by a third party, commits a crime while in a trance state. Pete's best defense is:

Accepted Answer

Automatism / lack of voluntary act

Answer

A hypnosis-induced act is analogous to sleepwalking and constitutes automatism—no voluntary act exists, which is a prerequisite to criminal liability.

Question 5

Which of the following most accurately states the castle doctrine?

Accepted Answer

A person has no duty to retreat before using deadly force in their home

Answer

The castle doctrine holds that an individual has no duty to retreat when in their own home before using force in self-defense.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Criminal Law Elements & Defenses 4