FYLSX Inchoate Offenses and Parties 2

Question 1

Dan asks Carl to kill Victor, offering him $5,000. Carl refuses. Dan is guilty of:

Accepted Answer

Solicitation

Answer

Solicitation is complete the moment the request is made, regardless of whether the solicited party agrees.

Question 2

A conspiracy requires which of the following at common law?

Accepted Answer

An agreement between two or more persons to commit an unlawful act

Answer

At common law, conspiracy requires only an agreement between two or more persons to commit an unlawful act; no overt act is required.

Question 3

Eve tells Frank she wants him to burn down a warehouse. Frank agrees and goes to buy gasoline. Under the MPC, what additional element makes this a conspiracy?

Accepted Answer

An overt act in furtherance of the conspiracy

Answer

The MPC requires an overt act in furtherance of the conspiracy, which Frank's purchase of gasoline would satisfy.

Question 4

Greg and Helen agree to rob a bank. Greg then decides not to participate and tells Helen before any overt act occurs. At common law, Greg:

Accepted Answer

Is still guilty of conspiracy because the agreement was made

Answer

At common law, withdrawal is not a defense to conspiracy because the crime is complete upon the agreement.

Question 5

Which doctrine holds that a conspirator is liable for all crimes committed by co-conspirators in furtherance of the conspiracy?

Accepted Answer

Pinkerton doctrine

Answer

The Pinkerton doctrine holds each conspirator vicariously liable for the substantive crimes of co-conspirators committed in furtherance of the conspiracy.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Inchoate Offenses and Parties 2