Multistate Bar Exam Criminal Law 2

Question 1

A defendant breaks into a house at night intending to commit battery on the occupant. The occupant is not home. Under common law, is the defendant guilty of burglary?

Accepted Answer

Yes, because all elements of burglary are satisfied

Answer

Common law burglary requires breaking and entering a dwelling of another at nighttime with intent to commit a felony inside — the felony need not be completed.

Question 2

A driver, texting while driving, runs a red light and kills a pedestrian. Which mens rea is most accurately reflected in the driver's conduct?

Accepted Answer

Reckless

Answer

Recklessness involves conscious disregard of a substantial and unjustifiable risk, which fits deliberate texting while driving.

Question 3

A defendant is charged with felony murder after his accomplice accidentally discharged a gun while robbing a store, killing a bystander. The defendant was outside as a lookout. Is he liable for felony murder?

Accepted Answer

Yes, because the killing occurred during commission of the felony

Answer

Under the felony murder rule, all co-felons are liable for deaths that occur during the commission of the underlying felony, regardless of who fired the weapon.

Question 4

A statute makes it a crime to 'possess a controlled substance.' A defendant found with heroin argues she did not know the substance was illegal. Does her ignorance of the law negate guilt?

Accepted Answer

No, because ignorance of the law is generally not a defense

Answer

Ignorance of the law is not a defense; defendants are presumed to know the law, so the defendant's belief that possession was legal is irrelevant.

Question 5

A defendant points an unloaded gun at a victim who does not know the gun is unloaded, causing the victim to fear imminent harm. Is the defendant guilty of assault?

Accepted Answer

Yes, because the victim reasonably feared imminent harmful contact

Answer

Assault under the modern/MPC approach is satisfied when the defendant intentionally causes the victim reasonable apprehension of imminent harmful contact.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Criminal Law 2