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

Under N.C.G.S. § 14-17, first-degree murder requires either premeditated and deliberate killing or killing during the perpetration of certain enumerated felonies (felony murder).

Question 2

The mens rea required for larceny in North Carolina is:

Accepted Answer

Intent to permanently deprive the owner of property

Answer

Common law larceny and North Carolina larceny require the specific intent to permanently deprive the owner of their property at the time of the taking.

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

North Carolina follows the M'Naghten test, requiring that the defendant, due to a mental disease or defect, did not know the nature of the act or did not know it was wrong.

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

General administrative searches (as a standalone warrantless exception for criminal investigation) are not recognized; administrative searches typically require a warrant or special needs justification.

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

The Fifth Amendment specifically protects against compelled testimonial self-incrimination — it covers oral testimony but generally not physical evidence like blood, handwriting, or voice exemplars.

NC Bar - North Carolina Bar Exam Practice Test

NC Bar - North Carolina Bar Exam Practice Test

NC Bar Criminal Law