GA Bar Multistate Essay 4

Question 1

Under the Fourth Amendment, a warrantless search of the curtilage of a home is presumptively unreasonable unless an exception applies. The curtilage is determined primarily by:

Accepted Answer

Proximity to the home, enclosure, uses to which the area is put, and steps taken to exclude the public

Answer

Whether the area is enclosed by a fence or wall

Answer

The subjective expectation of privacy of the homeowner

Answer

Local zoning ordinances defining residential boundaries

Question 2

A defendant is charged with first-degree murder under a felony-murder rule. The underlying felony was robbery. Which defense most directly undermines the felony-murder charge?

Accepted Answer

The robbery was completed before the death occurred and the defendant had reached a place of temporary safety

Answer

The defendant lacked premeditation

Answer

The killing was accidental

Answer

The defendant was intoxicated at the time

Question 3

Under the Fifth Amendment, a suspect invokes the right to counsel during a custodial interrogation. Under Edwards v. Arizona, police may resume questioning without counsel present only when:

Accepted Answer

The suspect voluntarily reinitiates communication with law enforcement

Answer

A new Miranda warning is given at the start of the next session

Answer

24 hours have passed since the initial invocation

Answer

A different offense is the subject of the new questioning

Question 4

Under substantive due process, economic regulations are reviewed under the rational basis test, meaning the law will be upheld if:

Accepted Answer

It is rationally related to a legitimate government interest

Answer

It is necessary to achieve a compelling government interest

Answer

It is substantially related to an important government interest

Answer

It is the least restrictive means to advance any government purpose

Question 5

A criminal defendant who pleads guilty pursuant to a plea agreement later seeks to withdraw the plea, claiming the prosecution breached the agreement. The appropriate remedy for a material prosecution breach is:

Accepted Answer

Either specific performance of the agreement or withdrawal of the plea, at the defendant's election

Answer

Automatic vacation of the plea and dismissal of all charges

Answer

Resentencing only, with no right to withdraw the plea

Answer

A civil damages award against the prosecutor

Question 6

Under the Confrontation Clause after Crawford v. Washington, which out-of-court statement is ADMISSIBLE without the declarant being available for cross-examination?

Accepted Answer

A 911 call made during an ongoing emergency describing an assailant

Answer

A prior recorded testimony taken at a preliminary hearing where the defendant was not present

Answer

A written affidavit prepared by a lab technician for use at trial

Answer

A formal police interview conducted to gather evidence for prosecution

Question 7

On an MEE criminal law question, which of the following best distinguishes 'specific intent' crimes from 'general intent' crimes for the purpose of the voluntary intoxication defense?

Accepted Answer

Voluntary intoxication may negate the specific intent element of a specific intent crime but is generally not a defense to general intent crimes

Answer

Voluntary intoxication is a complete defense to all crimes if it negates any mental state

Answer

Voluntary intoxication is never a defense in any jurisdiction

Answer

General intent crimes require proof of purpose; specific intent crimes require only recklessness