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Question Criminal Law and Procedure | Defenses | MULTIPLE_CHOICE Medium

A hiker found an arrowhead on federal park land. A criminal statute prohibited removing artifacts from the park, but...

A hiker found an arrowhead on federal park land. A criminal statute prohibited removing artifacts from the park, but the hiker had read a private travel website stating that visitors could keep small finds. The hiker too...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04

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Question Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE Medium

Officers lawfully entered a house with a warrant to search for a stolen television. While walking through the living...

...elements of the plain-view doctrine. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Horton v. California

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Horton v. California

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Question Criminal Law and Procedure | Defenses | ESSAY Hard

Serena, a licensed nurse with no criminal record, volunteered at a clinic. An undercover officer posing as a patient...

Serena, a licensed nurse with no criminal record, volunteered at a clinic. An undercover officer posing as a patient repeatedly told Serena that his child was in severe pain and that no doctor would help. Serena refused...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.13, Model Penal Code 3.06

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Question Criminal Law and Procedure | Theft and Property Crimes | MULTIPLE_CHOICE Medium

A defendant honestly but mistakenly believed that a neighbor's lawn mower was the same mower the neighbor had borrowe...

...onest claim of right on theft intent. NCBE NextGen UBE Content Scope, Criminal Law

Citations: NCBE NextGen UBE Content Scope, Criminal Law

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Question Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE Medium

An officer lawfully arrested a driver for driving with a suspended license, handcuffed him, and locked him in the bac...

...vehicle searches incident to arrest. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

Before trial, a defendant told the judge, "I understand I have a lawyer, but I want to represent myself." The judge w...

...self-representation waiver standard. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Faretta v. California

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Faretta v. California

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Question Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE Medium

During a lawful traffic stop, an officer smelled raw marijuana coming from the car and saw marijuana stems on the bac...

...tainer capable of holding contraband. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, California v. Acevedo, United States v. Ross

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, California v. Acevedo, United States v. Ross

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Question Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE Medium

Police unlawfully searched a car's locked glove compartment and found drugs. The defendant was a passenger in the car...

...rights standing rule for suppression. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Brendlin v. California

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Brendlin v. California

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Rosa was charged with aggravated assault after a nightclub stabbing. Her appointed lawyer also represented Rosa's fri...

...ged with aggravated assault after a nightclub stabbing. Her appointed lawyer also represented Rosa's friend Eli, who was charged as an accomplice in the same case. Rosa repeatedly told the lawyer that she was across town...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington, Missouri v. Frye, Lafler v. Cooper, Cuyler v. Sullivan

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Question Constitutional Law | Executive Powers | MULTIPLE_CHOICE Medium

A federal court orders production of specific Oval Office recordings needed for a criminal trial of private defendant...

...urt orders production of specific Oval Office recordings needed for a criminal trial of private defendants. The President invokes executive privilege, arguing that all presidential communications are absolutely immune fr...

Citations: U.S. Const. art. II, United States v. Nixon

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

During a criminal trial, the judge closed the courtroom for an undercover officer's testimony. The judge made no find...

During a criminal trial, the judge closed the courtroom for an undercover officer's testimony. The judge made no findings and did not consider alternatives, stating only, "This will be easier for the witness." Which stat...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Waller v. Georgia

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Question Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE Medium

A defendant intending to rob a pharmacy put on a mask, carried a note demanding narcotics, entered the pharmacy, and...

...answer states the basic attempt rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01

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Question Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE Medium

After agreeing to rob a store and after a co-conspirator bought masks, a defendant told the others, "I am out, and I...

...effect of withdrawal from conspiracy. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03

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Question Criminal Law and Procedure | Homicide | MULTIPLE_CHOICE Medium

During a fight, a defendant intentionally struck the victim's skull with a heavy metal bar, intending to disable the...

...a form of malice when death results. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. One argument was preserved,...

...xplain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Substantive Crimes | ESSAY Hard

The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. After...

...the strongest arguments for each side, state the controlling rule for criminal offense elements and punishment, apply it to the material facts, and explain the likely remedy or consequence. This essay tests criminal offe...

Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Hard

The requested consequence depends on facts that are disputed or only partly documented. A party invokes an equitable...

...xplain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Theft and Property Crimes | ESSAY Hard

A buyer falsely told a boat owner, "My cashier's check has already cleared, and my bank confirmed the funds," knowing...

...promises, bad checks, and extortion. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4

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Question Criminal Law and Procedure | Theft and Property Crimes | ESSAY Hard

A collector owned a rare watch. A jeweler falsely told the collector, "I need to inspect the watch for one hour to co...

...k, false pretenses, and embezzlement. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8

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Question Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE Hard

A defendant agreed with an undercover officer to sell stolen prescription drugs. The defendant believed the officer w...

...dercover officer's feigned agreement. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03

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Question Criminal Law and Procedure | Homicide | ESSAY Hard

A defendant angrily confronted a rival outside a club, raised a knife, and said, "I am ending this tonight." The riva...

...nd imperfect self-defense mitigation. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.1, Model Penal Code 210.3

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.1, Model Penal Code 210.3

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Question Criminal Law and Procedure | Inchoate Offenses | ESSAY Hard

A defendant asked a courier to deliver illegal drugs to a buyer, saying, "Take this package across town and sell it f...

...spiracy survival, and Wharton's Rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01, Model Penal Code 5.02, Model Penal Code 5.03, Model Penal Code 5.05

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01, Model Penal Code 5.02, Model Penal Code 5.03, Model Penal Code 5.05

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Question Criminal Law and Procedure | Homicide | MULTIPLE_CHOICE Medium

A defendant drove 90 miles per hour through a crowded pedestrian plaza while fleeing a minor traffic stop, ignoring r...

...ntal state for depraved-heart murder. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2

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Question Criminal Law and Procedure | Homicide | MULTIPLE_CHOICE Medium

A defendant drove through a residential neighborhood at twice the speed limit while texting. He did not see a child c...

...g basis for involuntary manslaughter. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3

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