FYLSX Criminal Law Elements & Defenses 5

Question 1

Terry threatens to kill Sam unless Sam burns down a competitor's warehouse. Sam burns the warehouse. Sam is charged with arson. The best defense is:

Accepted Answer

Duress

Answer

Duress is the proper defense when a defendant commits a crime under an imminent threat of death or serious bodily harm from a third party, provided no reasonable escape existed.

Question 2

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

Accepted Answer

Use of force or fear

Answer

Common law larceny requires a trespassory taking and carrying away of personal property of another with intent to permanently deprive; force or fear is not required (that elevates it to robbery).

Question 3

An accomplice who wants to withdraw from participation before the crime occurs must:

Accepted Answer

Repudiate prior aid and do everything possible to neutralize their assistance

Answer

Effective withdrawal requires not only repudiation of prior encouragement but also affirmative steps to neutralize any assistance previously rendered.

Question 4

Premeditation for first-degree murder can be formed:

Accepted Answer

In an instant, as long as it precedes the killing

Answer

Under most jurisdictions, premeditation can be instantaneous; the focus is on whether the defendant thought about the killing before acting, not the length of deliberation.

Question 5

Which crime requires proof that the defendant obtained property by making a false representation of a past or existing material fact?

Accepted Answer

False pretenses

Answer

False pretenses requires a false representation of a past or existing fact (not a promise about the future) that causes the victim to pass title to property.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Criminal Law Elements & Defenses 5