Bar Exam

Front 1

Manslaughter

Back 1

Under common law, manslaughter is the unlawful killing of another human being without malice aforethought. Manslaughter is classified as either voluntary manslaughter or involuntary manslaughter.

Front 2

Murder

Back 2

Under common law, murder is unlawful killing of another human being with malice aforethought.

Front 3

Mens Rea (The "Guilty Mind")

Back 3

Under common law, mes rea is a mental state required to show that the prohibited act or omission was convicted with a "guilty mind"; strict liability crimes do not require a mens rea.

Front 4

Jurisdiction

Back 4

For purposes of criminal law, jurisdiction is the authority of a body to create substantive criminal law; jurisdiction includes the ability of a court to enforce the criminal laws.

Front 5

Specific intent crimes

Back 5

Under common law, a specific intent crime requires that the defendant performed the actus reus with the specific objective of achieving a prohibited result (or knowledge that the result would occur).
12 crimes: larceny, embezzlement, false pretenses, robbery, burglary, forgery, solicitation, conspiracy, attempt, assault, intentional murder, voluntary manslaughter

Front 6

General intent crimes

Back 6

Under common law, a general intent crime requires only that the defendant had awareness of the act, not that he had the intent to commit the crime, which can be inferred from the act itself.

Front 7

Larceny

Back 7

Under common law, larceny is the taking and carrying away of the tangible personal property of another by trespass with intent to permanently deprive the other of the property.

Front 8

Conspiracy

Back 8

Under common law, a conspiracy is an agreement between two or more persons to commit a criminal act or to accomplish a legal act by unlawful means.

Front 9

Attempt

Back 9

Under common law, attempt occurs when the defendant engages in conduct in the direction of committing a crime with the specific intent to commit the crime, but falls short of completing the crime.

Front 10

Solicitation

Back 10

Under common law, solicitation occurs when a person, with the specific intent that another person commit a crime, solicits, requests, commands, or otherwise attempts to cause that person to commit the crime.

Front 11

Receipt of stolen property

Back 11

Under common law, receipt of stolen property is receiving possession and control of stolen property with knowledge that the property was obtained in a criminal way by another person and with intent to permanently deprive the owner of the property.

Front 12

Robbery

Back 12

Under common law, robbery is the taking and carrying away of the tangible personal property of another by trespass, by force or threat of force, with intent to permanently deprive the other of the property. Robbery requires all the elements of larceny, plus the additional element of force or threat of force.

Front 13

Embezzlement

Back 13

Under common law, embezzlement is the fraudulent appropriation or conversion of personal property of another by one to whom the owner has entrusted possession.

Front 14

Murder

Back 14

Under common law, unlawful killing of another human being.

Front 15

Manslaughter

Back 15

Under common law, manslaughter is the unlawful killing of another human being without malice aforethought. Manslaughter is classified as either voluntarily manslaughter or involuntarily manslaughter.

Front 16

Voluntary Manslaughter

Back 16

Under common law, voluntary manslaughter is an intentional homicide that differs from murder because of the existence of extenuating circumstances such as provocation.

Front 17

Involuntary Manslaughter

Back 17

Under common law, Involuntary Manslaughter is an unintentional homicide, committed without malice, which is neither justified nor excused.

Front 18

Burglary

Back 18

Under common law, burglary is the breaking and entering into the dwelling of another at night with the specific intent to commit a felony inside.

Front 19

Arson

Back 19

Under common law, arson is the malicious burning of a dwelling of another.

Front 20

Extortion

Back 20

Under common law, extortion is obtaining property from another by written or oral threats of physical harm or other improper threats of harm.

Front 21

Doctrine of transferred intent

Back 21

Under common law, if a defendant intends a harmful result to a particular person or object and, in carrying out that intent, causes a similar result to another person or object, the defendant's intent will be transferred to the person or object actually harmed.

Front 22

Battery

Back 22

Under common law, battery is the unlawful application of force to another which results in bodily harm or offensive touching.

Front 23

Assault

Back 23

Under common law, assault is (1) an attempted battery or (2) intentionally placing another person in reasonable apprehension of suffering an immediate battery.

Front 24

Kidnapping

Back 24

Under common law, kidnapping is the unlawful confining (false imprisoning) and transporting of a victim from one place to another without the victim's consent through force or fraud.

Front 25

Arrest

Back 25

Under common law, a valid arrest occurs when, with probable cause, a person is taken into custody against his will, specifically for the purpose of initiating a criminal action or interrogation

Front 26

Search

Back 26

Under common law, a search is an intrusion by the government into an area where a person has a reasonable expectation of privacy.

Front 27

Seizure

Back 27

Under common law,a seizure is the actual or constructive ( stopped and freeze) taking of a person or thing by the government.

Front 28

The exclusionary rule

Back 28

Under common law, the exclusionary rule bars the admission into evidence of materials seized during an invalid arrest or unreasonable search or seizure.

Front 29

Right to counsel approach

Back 29

Under the Sixth amendment, a defendant has a right to counsel in his defense at all critical stages of a criminal prosecution. the sixth amendment right to counsel attaches at the initiation of formal charges against the defendant.

Front 30

Miranda Standard

Back 30

Under the Fifth Amendment, a person has a right to counsel in his defense when he is a suspect in police custody and he is a subject to custodial interrogation for accusations of a crime. The Fifth amendment right to counsel attaches at the moment the suspect is subjected to custodial interrogation.

Front 31

Miranda rights

Back 31

Under the Fifth Amendment, a person in custody, prior to interrogation, must be informed that he has the right to remain silent, anything he says can be used against him in court, he has a right to the presence of counsel, and if he cannot afford an attorney, one will be provided.

Front 32

Waiver of Miranda rights

Back 32

Under the Fifth Amendment, a suspect can waive his Miranda rights as long as the waiver was made knowingly, intelligently, and voluntarily. Court will look to the totality of the circumstances in determining whether a waiver is valid.

Front 33

False pretenses

Back 33

Under common law, false pretenses is obtaining TITLE to the property of another by an intentional misrepresentation of fact with specific intent to defraud the original titleholder.

Front 34

Malice

Back 34

Under common law, malice crime requires that the defendant recklessly disregarded an obvious or known risk that a particularly harmful result would occur. ONLY 2 CRIMES: 1.Murder w/o intent, 2. Arson

Front 35

Strict liability

Back 35

Under common law, a strict liability crime does not require that the defendant had a requisite intent or mental state when the act was committed. In other words, the defendant's mental state is irrelevant.