In a federal sexual-assault prosecution, Defendant claims the encounter was consensual. Defendant seeks to introduce evidence that the complainant had several consensual sexual relationships in the year before the charge...
Citations: Fed. R. Evid. 412
Defendant is charged in federal court with sexual assault of a hotel guest. The prosecution offers testimony from a former guest who says Defendant sexually assaulted her in a similar manner at the same hotel two years e...
Citations: Fed. R. Evid. 413, Fed. R. Evid. 403
Plaintiff sues Surgeon in federal court for sexual assault and battery, alleging that Surgeon touched Plaintiff sexually while Plaintiff was sedated after a minor procedure. Surgeon denies any sexual contact and says Pla...
Citations: Fed. R. Evid. 412, Fed. R. Evid. 413, Fed. R. Evid. 415, Fed. R. Evid. 403
...esident issued a pardon to a former cabinet official for "all federal offenses committed in connection with the Harbor Contract Program from January 1 through June 30." The official had not yet been indicted when the par...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland, Murphy v. Ford, Youngstown Sheet & Tube Co. v. Sawyer, Little v. Barreme
...issues a pardon to an aide for all completed federal campaign-finance offenses committed during the prior year. State prosecutors later charge the aide under state bribery law based on the same facts, and Congress contin...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
A defendant intending to rob a pharmacy put on a mask, carried a note demanding narcotics, entered the pharmacy, and walked toward the counter. Police stopped him before he handed over the note. Which statement best d...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
After agreeing to rob a store and after a co-conspirator bought masks, a defendant told the others, "I am out, and I will not help." The others committed the robbery a week later without him. Which statement best desc...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
A defendant agreed with an undercover officer to sell stolen prescription drugs. The defendant believed the officer was a real buyer and took a step required by the jurisdiction's conspiracy statute. The officer never...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
...nizers were involved. Analyze merger and charging issues for the drug offenses and the dueling conspiracy, including solicitation, attempt, conspiracy, completed offenses, and Wharton's Rule. This essay tests merger of i...
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
A defendant planned to steal rare coins from a locked office. He bought lock picks, studied the building's camera schedule, and texted a friend, "Tonight I take the coins." At midnight, he entered the building with th...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
A defendant sent a text to an acquaintance saying, "Burn my competitor's delivery truck tonight and I will pay you $2,000." The acquaintance immediately refused and called police. Which statement best describes solici...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02
A defendant solicited a friend to burn a car, took a substantial step toward helping, agreed with the friend to do it, and then the friend actually burned the car. Prosecutors charge solicitation, attempt, conspiracy,...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.05
A defendant stood outside a store and texted a burglar when police drove away, intending to help the burglar steal electronics. The burglar entered and stole the electronics. Which statement best describes accomplice...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06
A friend knew that a burglar planned to steal laptops from a school at night. The friend agreed to text if a security guard approached, saying, "I do not want anyone hurt, but I will warn you if someone comes." The fr...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06
A pickpocket reached into a tourist's coat pocket intending to steal a wallet. The pocket was empty, and police arrested the pickpocket as his hand came out. Which statement best describes the pickpocket's factual-imp...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
A store owner wanted to collect insurance proceeds on an old warehouse. He told a driver, "I will pay you $5,000 to burn the warehouse Friday night." The driver was an undercover officer. The driver said, "I am in," a...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02, Model Penal Code 5.03
...withdrawal, and co-conspirator liability for foreseeable substantive offenses. This essay tests conspiracy formation, overt act, co-conspirator substantive liability, and withdrawal. NCBE NextGen UBE Content Scope, Crim...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
Two people agreed to commit a crime that, by definition, requires the voluntary participation of exactly those two people. No one else joined the plan, and the agreement did not create a broader criminal project. Whic...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
Two people agreed to rob a jewelry store the next week. One bought gloves and a pry bar for the robbery. Police arrested both before they went to the store. Which statement best describes conspiracy liability? The bes...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
Two people conspired to rob a warehouse at night. During the robbery, one conspirator tied up a guard, a step that was reasonably foreseeable and helped complete the robbery. The other conspirator waited several block...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...r false pretenses, larceny by trick, extortion, and any related theft offenses. This essay tests false pretenses, larceny by trick, false promises, bad checks, and extortion. NCBE NextGen UBE Content Scope, Criminal Law...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4
...fendant is charged in federal court with mail fraud and arson-related offenses for submitting an insurance claim. Defendant says the fire was accidental and started in an old electrical panel. The government offers evide...
Citations: Fed. R. Evid. 404(b), Fed. R. Evid. 104(b), Fed. R. Evid. 403
...he search, officers found marijuana plants and charged Nora with drug offenses. Nora moves to suppress the plants. Analyze which police actions were Fourth Amendment searches, whether any exception applies, and whether t...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Katz v. United States, Florida v. Jardines, Kyllo v. United States, United States v. Dunn, Oliver v. United States
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