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

Malik was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada,...

Malik was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada, who would testify that she saw another man drop a handgun and delivery bag in an alley two blocks away...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips

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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...

...owner is charged with aggravated battery. Analyze Serena's entrapment defense and the pawnshop owner's defense-of-property argument. This essay tests entrapment, predisposition, inducement, and the limits on defense of p...

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 | Defenses | MULTIPLE_CHOICE Medium

A store owner saw a thief run out of the store carrying a boxed television. The thief was twenty feet away, running t...

A store owner saw a thief run out of the store carrying a boxed television. The thief was twenty feet away, running toward an empty alley, and had not threatened anyone. The owner shouted, "Stop or I will shoot." When th...

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

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Question Criminal Law and Procedure | Defenses | ESSAY Hard

Dr. Lane, a university chemist with a long history of psychotic episodes, became convinced that a museum's antique co...

...lary, larceny, and property damage. Analyze Lane's potential insanity defense under the M'Naghten, irresistible-impulse, and Model Penal Code substantial-capacity approaches. Also explain how insanity differs from compet...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01

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Question Criminal Law and Procedure | Constitutional Procedure | ESSAY Medium

The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defens...

...ort one part of the requested ruling but also suggest a limitation or defense. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in this setting. The...

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 tenant had permission to enter a neighbor's apartment to feed a cat while the neighbor traveled. The tenant entered...

...ains on fire. The curtains burned completely, and flames charred part of a wooden window frame before sprinklers extinguished the fire. The apartment was in a building where the neighbor lived year-round. The tenant argu...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1

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Question Criminal Law and Procedure | Defenses | ESSAY Hard

Ian, a sculptor, displayed several works in a private gallery. The written consignment agreement allowed Ian to remov...

...allowed him to enter the gallery to retrieve his work. Analyze Ian's defenses to each charge. This essay tests intoxication, mistake of fact, mistake of law, and the distinction between specific-intent and genera...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04, Model Penal Code 2.08

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Question Criminal Law and Procedure | Homicide | ESSAY Hard

Two friends broke into a pharmacy at night intending to steal prescription drugs. One friend carried an unloaded pist...

...osecutors charge both friends with felony murder for both deaths. The defense argues that the burglary merges with the homicide, that the guard rather than a felon killed the customer, and that the later traffic death oc...

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

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

A defendant pointed a realistic toy gun at a cashier and demanded that the cashier open the register. The cashier, te...

...r states the common-law robbery rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1

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

A defendant told a business owner, "Pay me $10,000 by Friday or I will falsely accuse you online of stealing from cus...

...owner, "Pay me $10,000 by Friday or I will falsely accuse you online of stealing from customers." The owner paid because of the threat. Which statement best describes extortion? The best answer states the core extortion...

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

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

A nonprofit treasurer had authority to hold donation checks in the nonprofit's bank account and pay approved expenses...

A nonprofit treasurer had authority to hold donation checks in the nonprofit's bank account and pay approved expenses. The treasurer transferred $6,000 of donation money to his personal account and used it for a vacation...

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

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Question Criminal Law and Procedure | Defenses | MULTIPLE_CHOICE Medium

After voluntarily drinking a large amount of whiskey, a man entered a warehouse at night, picked up a toolbox, and wa...

After voluntarily drinking a large amount of whiskey, a man entered a warehouse at night, picked up a toolbox, and walked toward the loading dock. When a guard stopped him, the man swung the toolbox and struck the guard...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.08

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Question Criminal Law and Procedure | Defenses | MULTIPLE_CHOICE Medium

An undercover officer repeatedly begged a pharmacist's assistant to sell prescription pills without a prescription, f...

...f pressure. Which statement best describes the assistant's entrapment defense under the common subjective test? The best answer states the common subjective entrapment test. NCBE NextGen UBE Content Scope, Criminal Law...

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

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

At midnight, a defendant opened a closed but unlocked window of another person's house, climbed inside intending to s...

At midnight, a defendant opened a closed but unlocked window of another person's house, climbed inside intending to steal jewelry, and was caught before touching anything. Which statement best describes common-law burgla...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1

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Question Criminal Law and Procedure | Defenses | MULTIPLE_CHOICE Medium

Because of a severe psychotic disorder, a defendant believed that his neighbor had been replaced by a metal robot. Th...

Because of a severe psychotic disorder, a defendant believed that his neighbor had been replaced by a metal robot. The defendant struck the neighbor with a hammer, killing him. The defendant is charged with murder and ra...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01

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Question Criminal Law and Procedure | Defenses | ESSAY Hard

Maya and Victor argued in a grocery-store parking lot after Maya accused Victor of damaging her car. Maya shoved Vict...

...ath and aggravated battery for shooting Leo. Analyze Maya's available defenses, including self-defense, initial-aggressor limits, any duty to retreat, and defense of others. This essay...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04, Model Penal Code 3.05

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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,...

...ure, the required authority or elements, any recognized limitation or defense, and the remedy or procedural consequence authorized by that source. Identify the applicable statute, rule, or common-law doctrine, connect ea...

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 | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The moving party has the bur...

...ure, the required authority or elements, any recognized limitation or defense, and the remedy or procedural consequence authorized by that source. Identify the applicable statute, rule, or common-law doctrine, connect ea...

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 | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The record contains both wri...

...ure, the required authority or elements, any recognized limitation or defense, and the remedy or procedural consequence authorized by that source. Identify the applicable statute, rule, or common-law doctrine, connect ea...

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 Medium

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

The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or...