MBE Critical Pass Flashcards
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Questions and Answers

Exclusionary evidence does not apply to which of the following? (Select all that apply)

  • Parole hearings (correct)
  • Grand jury proceedings (correct)
  • Evidence seized due to Miranda violations
  • Civil proceedings (correct)

    • What is the main difference between extortion and robbery?

    Extortion does not require a taking from the victim's person or presence; it involves threats of future, rather than immediate harm.

    What must be shown for a defendant to have standing to challenge a search or seizure under the 4th amendment?

    The defendant must have a reasonable expectation of privacy in the thing or place to be searched.

    What happens if prosecutors seek an indictment from a grand jury based on evidence obtained in violation of the exclusionary rule?

    <p>The exclusionary rule does not apply.</p> Signup and view all the answers

    What constitutes a killing that is deliberate and premeditated?

    <p>The defendant must have killed in a dispassionate manner and must have considered or reflected on the killing.</p> Signup and view all the answers

    When does a defendant have a right to a jury trial and what part of the constitution provides this right?

    <p>The Sixth Amendment provides a defendant the right to a jury trial for serious offenses.</p> Signup and view all the answers

    When is the use of deadly force permissible by police to effectuate an arrest?

    <p>Deadly force is permissible to prevent the escape of a fleeing felon or if the fleeing felon poses a threat of death or serious bodily harm.</p> Signup and view all the answers

    Is a warrant required for police to execute an emergency arrest occurring in the arrestee's home?

    <p>False</p> Signup and view all the answers

    Do witnesses have a right to counsel inside a grand jury?

    <p>False</p> Signup and view all the answers

    What rules apply when a defendant acts in defense of others?

    <p>Defendant can defend another if he reasonably believes the person he is protecting could have legally defended himself.</p> Signup and view all the answers

    Can police search the trunk of an automobile incident to a lawful arrest of the driver?

    <p>False</p> Signup and view all the answers

    What are the requirements for an effective defense of involuntary intoxication?

    <p>An intoxicant is taken involuntarily if taken without knowledge of its nature, under duress, or pursuant to medical advice without notice of its intoxicating effect.</p> Signup and view all the answers

    What is a plain view search?

    <p>Police may search from any place where they are legitimately present when viewing.</p> Signup and view all the answers

    What must be the effect of the creation or alteration of a document for it to give rise to forgery?

    <p>To be false, modifying the document must change its legal significance, not just make it inaccurate.</p> Signup and view all the answers

    If one is found to be an accomplice, to what extent are they liable for crimes committed by the principal?

    <p>An accomplice is liable for the crimes he committed or counseled and any other probable or foreseeable crimes committed.</p> Signup and view all the answers

    Is there a limit on what police can search when they obtain valid consent?

    <p>False</p> Signup and view all the answers

    What theory controls the negotiation and enforcement of plea bargains?

    <p>The contract theory of plea bargaining governs.</p> Signup and view all the answers

    Felony murder is a killing caused during what?

    <p>During the attempt or commission of an inherently dangerous or statutorily enumerated felony.</p> Signup and view all the answers

    In what circumstances would exigent circumstances exist allowing a warrantless search or seizure?

    <p>Evanescent evidence, hot pursuit, and emergencies are forms of exigent circumstances.</p> Signup and view all the answers

    What is a grand jury and is it required to be used?

    <p>Grand juries are required in federal court under the 5th amendment.</p> Signup and view all the answers

    In what situations will one always have a reasonable expectation of privacy?

    <p>If the defendant owns, has a right to possess, or lives in the premises to be searched, or is an overnight guest.</p> Signup and view all the answers

    What is the definition of voluntary manslaughter?

    <p>A killing resulting from adequate provocation or imperfect self-defense.</p> Signup and view all the answers

    When can a failure to act constitute actus reus for a given crime?

    <p>When the defendant had a specific legal duty to act, knowledge of facts giving rise to the duty, and it was reasonably possible to perform the duty.</p> Signup and view all the answers

    What is a stop and frisk?

    <p>Police may detain a person for an investigative purpose if they have reasonable suspicion of criminal activity.</p> Signup and view all the answers

    What are the main specific intent crimes?

    <p>Larceny, solicitation, conspiracy, forgery, assault, larceny by trick, embezzlement, robbery, burglary, first-degree murder, and false pretenses.</p> Signup and view all the answers

    When must a search warrant be executed once it is issued?

    <p>Without unreasonable delay after it is issued.</p> Signup and view all the answers

    What are the exceptions to the 4th amendment search warrant requirement?

    <p>Search incident to arrest, plain view search, automobile search, valid consent, exigent circumstances, stop &amp; frisk.</p> Signup and view all the answers

    What is the 5th amendment right to counsel?

    <p>Once accused requests counsel unambiguously, police must cease all questions on any topic.</p> Signup and view all the answers

    If police illegally search evidence but show that they would have discovered it anyway absent illegal conduct, can it be admitted?

    <p>Yes, if the government can break the chain between the illegal conduct and the seized evidence.</p> Signup and view all the answers

    What warrant requirements exist for searches conducted at the border?

    <p>At borders, routine searches of persons and their effects can be conducted without a warrant.</p> Signup and view all the answers

    What insanity test does the MPC use?

    <p>A combination of the M'Naghten and Irresistible Impulse tests.</p> Signup and view all the answers

    What constitutes a crime committed knowingly for criminal law purposes?

    <p>A person acts knowingly when he is aware that his conduct is of a particular nature or will likely cause a result.</p> Signup and view all the answers

    What is a search incident to lawful arrest?

    <p>Police may search a lawfully arrested person and his immediate surrounding area without a warrant.</p> Signup and view all the answers

    A remainder will be contingent if it is either?

    <p>Subject to a condition precedent or created in favor of an unascertained or unborn person.</p> Signup and view all the answers

    What is a fee simple subject to an executory interest?

    <p>A fee simple that automatically transfers to a third party upon the happening of a given event.</p> Signup and view all the answers

    When must a modification to a contract be in writing?

    <p>Under the UCC, a modification must be in writing if it falls within the Statute of Frauds.</p> Signup and view all the answers

    Protected speech receives what level of scrutiny?

    <p>It depends on whether the speech restriction is content-based or content-neutral.</p> Signup and view all the answers

    If a defendant uses the legal system as an ulterior purpose to threaten or act against a plaintiff, what claim may the plaintiff bring?

    <p>Abuse of process.</p> Signup and view all the answers

    What type of prior conduct may be admissible as evidence of habit?

    <p>Conduct must be highly specific and frequently repeated.</p> Signup and view all the answers

    What is the contract clause and to what does it apply?

    <p>States cannot impair existing contractual duties.</p> Signup and view all the answers

    If a conveyance gives a life estate to a grantee with a remainder to the grantee's heirs, what rule applies at common law?

    <p>Merger (Shelley's rule) applies; at common law, the two estates merge.</p> Signup and view all the answers

    Can a plaintiff who dismissed his case without leave of court file the claim again?

    <p>Yes, dismissal without leave of court is allowed before an answer or motion for summary judgment.</p> Signup and view all the answers

    What requirement must be met for any testifying witness?

    <p>Testifying witnesses must be competent and satisfy the requirements of basic reliability.</p> Signup and view all the answers

    When the grantor creates a life estate in another but creates a future interest in the grantor's heirs, what doctrine arises?

    <p>The doctrine of worthier title arises.</p> Signup and view all the answers

    When is notice to an adverse party not required for a temporary restraining order?

    <p>If moving party shows immediate and irreparable injury will result to her before adverse party can be heard in opposition and describes efforts made to give adverse party notice.</p> Signup and view all the answers

    What remedy is available to a seller if a buyer in a UCC contract stops paying or becomes insolvent?

    <p>Reclamation.</p> Signup and view all the answers

    At what point does jeopardy attach for double jeopardy purposes?

    <p>The start of trial generally required.</p> Signup and view all the answers

    When is a co-defendant's confession that implicates a defendant inadmissible?

    <p>At a joint jury trial.</p> Signup and view all the answers

    What classifications receive rational basis standard of review in an equal protection analysis?

    <p>Alienage.</p> Signup and view all the answers

    What must exist for the creation of an equitable servitude?

    <p>Writing, intent, touches and concerns the land, notice.</p> Signup and view all the answers

    Is an attorney's fee agreement with a client protected under the attorney-client privilege?

    <p>False</p> Signup and view all the answers

    If an attorney represents an organization, to whom does the attorney-client privilege apply?

    <p>Any employee authorized to speak to the attorney.</p> Signup and view all the answers

    What role does a forum state's interest play in determining whether the exercise of personal jurisdiction is fair?

    <p>The forum state must have an interest in providing redress for its residents or an interest in the outcome of the case.</p> Signup and view all the answers

    What are the three factors in determining if jurisdiction is fair for personal jurisdiction?

    <p>Relatedness of contacts and claims, convenience, state's interest.</p> Signup and view all the answers

    What constitutes depraved or malignant heart murder?

    <p>A killing committed with reckless indifference to an unjustifiable risk of human life.</p> Signup and view all the answers

    When would diminished capacity be an effective defense to criminal liability?

    <p>If the defendant can show a mental defect that prevented forming the required mental state for the crime.</p> Signup and view all the answers

    In what situations is a communication between an attorney and client protected by attorney-client privilege?

    <p>If it is intended to be confidential and made to facilitate legal services.</p> Signup and view all the answers

    If a document is used to refresh a witness's memory during testimony, what rules apply?

    <p>Anything can be used, but the witness cannot read aloud from it.</p> Signup and view all the answers

    What is the implied covenant of quiet enjoyment?

    <p>A tenant's right to quiet use and enjoyment of the premises without interference.</p> Signup and view all the answers

    What requirements must be satisfied for a recorded recollection to be read into evidence?

    <p>Witness must have had personal knowledge, memory insufficient, record made when fresh, and accurately reflects knowledge.</p> Signup and view all the answers

    If a defendant in a criminal trial introduces evidence of good character, what are potential consequences?

    <p>Plaintiff may rebut through cross-examination or calling witnesses to testify about the defendant's bad character.</p> Signup and view all the answers

    What is the standard of care expected of a professional in a given industry?

    <p>Expected to act with the care of an average member of the profession in good standing.</p> Signup and view all the answers

    If parties to a contract agree to accept different performance, is this an accord, a satisfaction, or both?

    <p>Accord.</p> Signup and view all the answers

    If a buyer notifies a seller that goods delivered are defective, can the seller cure? How?

    <p>Yes, if seller gives notice of intent to cure and time for performance has not expired.</p> Signup and view all the answers

    If a defendant invokes their 5th Amendment privilege and does not testify, can the prosecution comment on this?

    <p>False</p> Signup and view all the answers

    In what ways can a killing committed during an act of self-defense be reduced from murder to voluntary manslaughter?

    <p>Imperfect self-defense.</p> Signup and view all the answers

    Under common law, can there be a conspiracy where only one person has the requisite criminal intent?

    <p>False</p> Signup and view all the answers

    What is the definition of extortion?

    <p>Obtaining property through threats of future harm or exposing information.</p> Signup and view all the answers

    What is a detention under the 4th amendment? How is it different from an arrest?

    <p>A government seizure of a person that is less than a full custodial arrest.</p> Signup and view all the answers

    To what extent does a defendant have a right to be present at their criminal trial?

    <p>Defendant has a right to be present for all critical stages.</p> Signup and view all the answers

    May police search the contents of an arrestee's cell phone without a warrant?

    <p>False</p> Signup and view all the answers

    The right to a speedy trial is guaranteed in what part of the Constitution? What protection does it provide the defendant?

    <p>The 6th Amendment.</p> Signup and view all the answers

    Is withdrawal from a co-conspirator's crimes effective as a defense to liability for the target offense of the conspiracy?

    <p>False</p> Signup and view all the answers

    What act and intent requirements exist for the inchoate offense of attempt?

    <p>An act done with specific intent to commit a crime constituting an overt or substantial step toward committing the crime.</p> Signup and view all the answers

    What is the factor that distinguishes larceny by trick from false pretenses?

    <p>Possession vs. ownership.</p> Signup and view all the answers

    If a defendant commits a killing during an alleged robbery but is found not guilty of the robbery, can he be guilty of felony murder based on the robbery?

    <p>False</p> Signup and view all the answers

    What must be established to prove adequate provocation for voluntary manslaughter?

    <p>Provocation must cause sudden and intense passion, defendant was in fact provoked, insufficient cooling off time.</p> Signup and view all the answers

    What is evanescent evidence, and what authority do police have regarding a warrantless search or seizure of evanescent evidence?

    <p>Evanescent evidence is evidence that could disappear; police can search or seize it without a warrant under certain circumstances.</p> Signup and view all the answers

    What must one do to be liable for the inchoate crime of solicitation? At what point is solicitation a completed offense?

    <p>Inciting, urging, or asking another to commit a crime with intent, completed when solicitation is made.</p> Signup and view all the answers

    What is proximate cause for criminal law purposes? What could negate proximate cause?

    <p>The actual result is a natural consequence of defendant's conduct; superseding factors may negate causation.</p> Signup and view all the answers

    What is required for someone to effectively withdraw from a crime such that they are not liable as an accomplice?

    <p>Repudiate prior aid, counteract prior aid, do so before chain of events is in motion.</p> Signup and view all the answers

    What is continuing trespass, and at what point can it become larceny?

    <p>When one borrows property intending to return it but later keeps it; larceny arises when the intent to return is abandoned.</p> Signup and view all the answers

    What is required to detain someone at the border?

    <p>Reasonable suspicion.</p> Signup and view all the answers

    When police use force to effectuate an arrest, to what extent may they use non-deadly force?

    <p>Non-deadly force is permissible to reasonably effectuate an arrest.</p> Signup and view all the answers

    What is required for a defendant to show, on appeal, that they had ineffective assistance of counsel at their criminal trial?

    <p>Defendant must show there is a reasonable probability that the trial outcome would have been different absent deficient performance.</p> Signup and view all the answers

    In what situation can a finder of a lost item become criminally liable for larceny?

    <p>If the true owner is known or ascertainable, and the defendant decides to keep the property.</p> Signup and view all the answers

    Under the theory of assault as a threat, what conduct gives rise to assault?

    <p>Intentional creation of victim's reasonable apprehension of imminent bodily harm.</p> Signup and view all the answers

    What inchoate offenses merge with a completed substantive offense?

    <p>Solicitation and attempt.</p> Signup and view all the answers

    The 4th amendment only applies to government conduct, but in what situation might conduct by private citizens constitute government conduct?

    <p>When private persons act at the direction of government agents.</p> Signup and view all the answers

    What requirements must be satisfied for police to obtain valid consent to search?

    <p>Consent must be voluntarily made and the person giving consent must have authority to consent.</p> Signup and view all the answers

    When are Miranda warnings required for witnesses or suspects during grand jury proceedings?

    <p>False</p> Signup and view all the answers

    If police try to arrest a suspect in public, but she flees into a private dwelling without a warrant to effectuate the arrest?

    <p>Police can enter into a private dwelling if they have probable cause.</p> Signup and view all the answers

    What rights does a defendant have to challenge potential jurors in a criminal trial?

    <p>Right to an impartial jury, question potential jurors on prejudices, peremptory challenges allowed.</p> Signup and view all the answers

    Can a judge direct a verdict as to a defendant's guilt?

    <p>False</p> Signup and view all the answers

    Are prosecutors allowed to offer immunity in exchange for potentially incriminating grand jury testimony?

    <p>False</p> Signup and view all the answers

    Can illegally obtained evidence be used to impeach a defendant at trial? What about a non-defendant witness?

    <p>False</p> Signup and view all the answers

    What effect would an infancy defense have if the defendant is 9 years old?

    <p>Rebuttable presumption against criminal liability.</p> Signup and view all the answers

    In what narrow circumstances can mistake of law be an effective defense?

    <p>Reasonable reliance on an invalid statute or mistake negating knowledge of an element.</p> Signup and view all the answers

    The 8th amendment prohibition on cruel and unusual punishment bars what type of punishment?

    <p>False</p> Signup and view all the answers

    What is the knock and announce requirement with regard to executing a search warrant?

    <p>Police must knock, announce their purpose, and wait a reasonable time for admittance.</p> Signup and view all the answers

    Study Notes

    Temporary Restraining Order

    • Notice to the adverse party isn't required when there is a showing of immediate and irreparable injury to the moving party, and efforts to notify have been described.

    UCC Contract Remedies

    • Unpaid sellers can reclaim goods from an insolvent buyer, but cannot reclaim from subsequent buyers.

    Double Jeopardy

    • Jeopardy attaches at the beginning of a trial: when a jury is impanelled for jury trials, when the first witness is sworn in for bench trials, and upon acceptance of a plea agreement.

    Co-Defendant Confessions

    • A co-defendant's confession is inadmissible against the defendant during a joint jury trial but can be permissible in a bench trial.

    Equal Protection Analysis

    • Rational basis review applies to classifications of alienage relating to self-government or congressional immigration actions; other classifications include age, disability, and wealth.

    Equitable Servitude Requirements

    • Creation requires a written promise, intent to bind successors, the promise must touch and concern the land, and successors must have notice.

    Attorney-Client Privilege

    • Attorney's fee agreements are generally not protected under attorney-client privilege, although communications intended to facilitate legal services remain protected.

    Organizational Client Representation

    • Attorney-client privilege applies to any employee authorized to speak with the attorney on behalf of the organization.

    Personal Jurisdiction Factors

    • The forum state's interest in providing redress for residents and the outcome of the case is crucial for determining fairness in personal jurisdiction.

    Murder Definition

    • Depraved or malignant heart murder entails reckless indifference to an unjustifiable risk of human life.

    Diminished Capacity Defense

    • Available if the defendant shows a mental defect preventing the formation of the requisite mental state for specific intent crimes.

    Reviving Witness Memory

    • Anything can refresh a witness's memory during testimony; they can't read aloud but may look at the document briefly before continuing.

    Implied Covenant of Quiet Enjoyment

    • Tenants are entitled to quiet use and enjoyment, with breaches possibly occurring through actual or constructive eviction.

    Recorded Recollection as Evidence

    • Conditions include personal knowledge by the witness, inability to recall, freshness of the record, and accurate reflection of the witness's knowledge.

    Character Evidence in Trials

    • If a defendant introduces evidence of good character, the prosecution may rebut with cross-examination of character witnesses or by presenting evidence of bad character.

    Professional Standard of Care

    • Professionals are expected to act with the care typical of average members in their profession within similar communities.

    Accord and Satisfaction

    • An accord is a new agreement to accept different performance, and satisfaction occurs once the new agreement is fulfilled.

    Seller's Right to Cure Defective Goods

    • A seller can cure defects if they notify the buyer of the intent to cure and do so within a reasonable timeframe or had reasonable grounds to believe the initial goods would be acceptable.

    Fifth Amendment Privilege

    • The prosecution cannot comment on a defendant's invocation of the Fifth Amendment or their silence at trial.

    Voluntary Manslaughter

    • A killing in self-defense can reduce murder to manslaughter if the defendant initiated the confrontation or unreasonably perceived a need for deadly force.

    Conspiracy Requirements

    • At common law, two individuals must have criminal intent for conspiracy, while the MPC allows for unilateral conspiracy.

    Definition of Extortion

    • Extortion involves obtaining property through threats of future harm, differing from robbery that necessitates immediate threats.

    Detention under the Fourth Amendment

    • Defined as a government seizure less than a full custodial arrest.

    Right to be Present at Trial

    • The Sixth Amendment guarantees a defendant's right to be present for critical stages of their trial.

    Cell Phone Searches

    • Police may not search digital information on an arrestee's phone without a warrant.

    Speedy Trial Rights

    • The Sixth Amendment protects against unreasonable delays from charges being filed to trial commencement, applicable once the defendant is arrested or charged.

    Withdrawal from Conspiracy

    • Under common law, once in a conspiracy, a defendant cannot withdraw, but the MPC allows withdrawal if the conspirator thwarts the plan.

    Attempt Requirements

    • Requires an overt act beyond mere preparation reflecting specific intent to commit a crime.

    Larceny by Trick vs. False Pretenses

    • The key distinction lies in possession (larceny by trick) versus ownership (false pretenses).

    Felony Murder Doctrine

    • A defendant cannot be convicted of felony murder if not guilty of the underlying felony.

    Adequate Provocation for Manslaughter

    • Must be shown that provocation causes intense passion, the defendant was actually provoked, insufficient time to cool off existed, and the defendant did not cool off.

    Evanescent Evidence

    • Evidence that may disappear without a warrant can be seized based on the totality of circumstances.

    Inchoate Crime of Solicitation

    • Requires inciting someone to commit a crime; complete upon asking, merging with conspiracy if the solicited party agrees.

    Proximate Cause in Criminal Law

    • Constitutes a result being a natural outcome of conduct, negated by unforeseeable intervening acts.

    Effective Withdrawal from Accomplice Liability

    • Requires repudiation of prior aid, taking action to counteract that aid, and doing so before the situation is irreversible.

    Continuing Trespass to Larceny

    • Arises when one borrows property intending to return it but later decides against it.

    Border Detention Requirements

    • Reasonable suspicion is required for detention at the border.

    Non-Deadly Force During Arrest

    • Reasonable non-deadly force is permissible to effectuate an arrest while deadly force is allowed against fleeing felons posing serious threats.

    Ineffective Assistance of Counsel Defense

    • A defendant must demonstrate a reasonable probability that the outcome would differ if not for counsel’s deficiencies.

    Finder Liability for Larceny

    • Can incur larceny charges if they know the true owner of a lost item and decide to keep it.

    Assault as a Threat

    • Represents an intentional act creating a reasonable apprehension of imminent harm in the victim.

    Merging Inchoate Offenses

    • Solicitation and attempt merge with the completed substantive offense.

    Government Conduct by Private Citizens

    • Conduct by private individuals can be deemed state action if executed under government direction.
    • Consent must be voluntary and the person providing it must have authority.

    Miranda Warnings in Grand Jury Proceedings

    • These warnings are not required for witnesses or suspects during grand jury sessions.

    Hot Pursuit and Arrest

    • Police may enter a private dwelling to arrest a suspect if they are in hot pursuit with probable cause.

    Jury Selection Rights

    • The defendant has rights to question potential jurors for biases and to challenge jurors peremptorily but can't exclude based on race or gender.

    Directed Verdicts

    • Judges cannot direct a verdict of guilt, as this would violate the right to a jury trial; however, they can direct a verdict of acquittal.

    Granting Immunity for Testimony

    • Prosecutors can offer immunity for potentially self-incriminating grand jury testimony.

    Use of Illegally Obtained Evidence

    • Confessions resulting from Miranda violations can be used for impeachment at trial, but not generally for non-defendant witnesses.

    Infancy Defense

    • A child under 7 years has no criminal liability; ages 7-14 bear a rebuttable presumption against liability.

    Mistake of Law Defense

    • Rarely valid, may apply if there is reliance on an invalid statute or if ignorance negates a required element of the crime.

    Eighth Amendment Protections

    • Prohibits punishment that is grossly disproportionate to the offense committed.

    Knock and Announce Rule

    • Police must announce their presence before entering to execute a search warrant unless dangerous or futile circumstances exist.

    Illegal Evidence in Grand Jury

    • Evidence obtained through illegal searches may be used in grand jury proceedings, which are exempt from the exclusionary rule.

    Extortion vs. Robbery

    • Extortion involves future harm threats, while robbery requires immediate threats and taking from the victim's presence.

    Fourth Amendment Standing

    • A defendant must possess a reasonable expectation of privacy in the searched location to challenge a search or seizure.

    Indictment Based on Exclusionary Evidence

    • Prosecutors can seek an indictment based on evidence inadmissible at trial due to exclusionary violations.

    Deliberate and Premeditated Killing

    • Killing that is deliberate involves consideration or reflection preceding the act, with specific intent as a requirement.

    Right to Jury Trial

    • The Sixth Amendment assures this right for serious offenses, involving potential imprisonment over six months.

    Deadly Force by Police

    • Use of deadly force is permitted to prevent the escape of felons when they pose a threat of death or serious harm.

    Emergency Arrest Warrant Requirement

    • Emergency arrests within a person's home generally do not require a warrant if the arrest follows the suspect into the home.### General Legal Definitions and Procedures
    • Emergency arrests in a home do not require a warrant.
    • Witnesses in grand jury proceedings do not have the right to counsel.
    • Defense of others follows the same principles as self-defense; defendants can protect others if they reasonably believe the person could lawfully defend themselves.
    • Non-deadly force is allowed if the defendant: is not the initial aggressor and reasonably believes unlawful force is imminent; force must be proportionate to the offense.

    Police Procedures and Search Laws

    • Police cannot search the trunk of a vehicle without probable cause or consent after a lawful arrest.
    • A plain view search allows police to search from any legitimate location when viewing evidence.
    • A valid consent allows police to search any area or item.
    • At borders, routine searches do not require a warrant or probable cause.

    Liability and Accomplice Rules

    • Accomplices are liable for crimes they committed, counseled, or any foreseeable crimes committed during the offense.

    Crime Definitions

    • Felony murder occurs during the commission of an inherently dangerous felony.
    • Involuntary intoxication is when a person consumes an intoxicant without knowledge, under duress, or due to uninformed medical advice.
    • Voluntary manslaughter involves killings stemming from adequate provocation or imperfect self-defense.

    Criminal Law Standards and Tests

    • Knowingly acting means awareness of the nature of one's actions, using a subjective standard.
    • A failure to act constitutes actus reus if there's a specific legal duty to act, knowledge of that duty, and the ability to perform it.

    Searches and Seizures

    • Exigent circumstances, such as evanescent evidence, hot pursuit, and emergencies, justify warrantless searches.
    • The search incident to lawful arrest allows police to search the arrestee and immediate surroundings without a warrant; requirements include legal arrest, contemporaneous search, and limited area of search.

    Plea Bargaining and Contract Law

    • Plea bargains follow contract theory; both parties are held to the agreement, but judges can reject the arrangement.
    • Fee simple subject to an executory interest automatically transfers to a third party upon a specified event.

    Evidence Standards

    • Protected speech scrutiny varies: content-based restrictions require strict scrutiny, while content-neutral restrictions demand intermediate scrutiny.
    • Habit evidence must be specific and frequently demonstrated, reflecting a person's instinctive response to consistent circumstances.
    • Witnesses must be competent, demonstrating personal knowledge, memory, communication ability, and sincerity.
    • The doctrine of worthier title voids contingent remainders in favor of a grantor's heirs, affirming a reversion to the grantor.

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