A buyer falsely told a boat owner, "My cashier's check has already cleared, and my bank confirmed the funds," knowing the check was fake. Relying on that statement, the owner signed over the boat title and handed the buy...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4
A collector owned a rare watch. A jeweler falsely told the collector, "I need to inspect the watch for one hour to confirm whether it is real," while intending to sell it. The collector handed over the watch but said, "B...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8
A person falsely told a neighbor he needed to borrow the neighbor's camera for one hour to photograph storm damage. The neighbor handed over the camera but expected it back the same day. The person immediately sold it. W...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3
...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
...defendant told a business 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...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.4
...courier to the buyer's apartment and waited outside while the courier completed the sale. Police arrested both as the courier returned to the car. Prosecutors charge the defendant with solicitation, attempt to distribute...
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
...t describes solicitation? The best answer states when solicitation is complete. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02
...he car. Prosecutors charge solicitation, attempt, conspiracy, and the completed arson. Which statement best describes ordinary merger principles? The best answer states the ordinary inchoate-offense merger rules. NCBE Ne...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.05
...it arson. The store owner argues that there was no real agreement, no completed arson, and that he withdrew before any harm occurred. Analyze the solicitation and conspiracy charges under common approaches, including agr...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02, Model Penal Code 5.03
...dispute and lit the neighbor's curtains 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 neighb...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1
...macist's assistant to sell prescription pills without a prescription, falsely claiming that the pills were needed for a relative in extreme pain. The assistant refused several times, had no history of illegal sales, and...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.13
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
...mer, and that the later traffic death occurred after the burglary was complete. Analyze the felony-murder charges for each death under common approaches, including qualifying felony, merger, agency and proximate-cause th...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...or tied up a guard, a step that was reasonably foreseeable and helped complete the robbery. The other conspirator waited several blocks away as the driver. Which statement best describes the driver's possible liability f...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...peared at trial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance or other lesser sanction. During voir dire, Juror 8 said he...
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
...duce both pretrial identifications and an in-court identification. Ballistics evidence also links Sam's gun to the shooting. Sam moves to suppress the identification evidence. Analyze the hospital showup, the later lineu...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers, Manson v. Brathwaite, United States v. Wade
...r he bought gasoline that night. Marcus denied it. One detective then falsely said, "Your fingerprints are on the gas can, and your brother already blamed you." The detective added, "If you help us, we will tell the pros...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, Rhode Island v. Innis, Dickerson v. United States, Colorado v. Connelly
In a federal defamation action, Plaintiff alleges that Defendant falsely wrote that Plaintiff was dishonest in business. Truth is a complete defense under the governing substantive law. Defendant seeks to prove that Plai...
Citations: Fed. R. Evid. 405(b)
...s, plain view, and cell-phone limits. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant, Cali...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant, California v. Acevedo, United States v. Ross, Riley v. California, South Dakota v. Opperman
...t rule for compelled voice exemplars. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade
...ter helped prosecutors prove motive. Two hours later, detectives gave complete Miranda warnings, Omar signed a waiver form, and he repeated that he shot the victim over a debt. Omar moves to suppress each statement and t...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, New York v. Quarles, Pennsylvania v. Muniz, Rhode Island v. Innis
.... The homeowner also claims that she signed only after the contractor falsely represented that he was licensed. The contractor says evidence of that statement is barred by the written agreement. Finally, after signing, t...
Citations: Restatement (Second) of Contracts 209, Restatement (Second) of Contracts 210, Restatement (Second) of Contracts 213, Restatement (Second) of Contracts 214, Restatement (Second) of Contracts 216
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