LLM Criminal Law & Procedure 5

Question 1

Which of the following best describes the 'merger doctrine' as applied to common law felony murder?

Accepted Answer

The underlying felony must be independent of and collateral to the homicide to support felony murder liability

Answer

The merger doctrine bars felony murder when the predicate felony (e.g., assault) is an integral part of the homicide itself; the felony must be independent and collateral to the killing.

Question 2

An investigative stop under Terry v. Ohio is constitutionally permissible when an officer has:

Accepted Answer

Reasonable articulable suspicion of criminal activity

Answer

Terry held that a brief investigative detention is lawful if the officer can articulate specific facts giving rise to reasonable suspicion that criminal activity is afoot.

Question 3

Under the federal Sentencing Guidelines, 'relevant conduct' can increase a defendant's offense level based on:

Accepted Answer

Acts by co-conspirators in furtherance of jointly undertaken criminal activity

Answer

USSG § 1B1.3 requires courts to consider acts of co-conspirators in furtherance of jointly undertaken criminal activity as relevant conduct when calculating the offense level.

Question 4

Which doctrine holds that if police have probable cause to search a lawfully stopped vehicle, they may also search any container within the vehicle that could hold the object of their search?

Accepted Answer

Ross doctrine

Answer

United States v. Ross extended the automobile exception to containers within the vehicle, allowing officers with probable cause to search any container that might conceal the item they are looking for.

Question 5

A material false statement made under oath during a judicial proceeding satisfies which element of common law perjury?

Accepted Answer

The falsity element

Answer

Perjury requires that the false statement be objectively false (the falsity element), subjectively known to be false by the declarant (scienter), and material to the proceeding.

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Criminal Law & Procedure 5