NC Bar Criminal Law

Question 1

In North Carolina, first-degree murder requires proof of:

Accepted Answer

Premeditation and deliberation, or felony murder during an enumerated felony

Answer

Intent to kill only

Answer

Malice aforethought and gross negligence

Answer

Voluntary intoxication and recklessness

Question 2

The mens rea required for larceny in North Carolina is:

Accepted Answer

Intent to permanently deprive the owner of property

Answer

Negligent disregard of another's property

Answer

Reckless indifference to ownership

Answer

Knowledge that the property belongs to another

Question 3

In North Carolina, the insanity defense (M'Naghten test) requires that the defendant, at the time of the act:

Accepted Answer

Did not know the nature of the act or did not know it was wrong due to a mental disease or defect

Answer

Was under extreme emotional disturbance

Answer

Was involuntarily intoxicated

Answer

Lacked the capacity to form any intent

Question 4

Under the Fourth Amendment, a warrantless search is presumptively unreasonable unless it falls within a recognized exception. Which is NOT a recognized exception?

Accepted Answer

General administrative searches

Answer

Incident to a lawful arrest

Answer

Exigent circumstances

Answer

Plain view doctrine

Question 5

The Fifth Amendment privilege against self-incrimination protects a defendant from being compelled to:

Accepted Answer

Testify against himself in a criminal proceeding

Answer

Provide a handwriting exemplar

Answer

Submit to a blood draw in a DWI case

Answer

Produce pre-existing business documents

Question 6

In North Carolina, breaking or entering with intent to commit a felony therein constitutes:

Accepted Answer

Felony breaking or entering under N.C.G.S. § 14-54

Answer

Simple trespass

Answer

Second-degree trespass

Answer

Misdemeanor breaking or entering only