...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
...property. Which statement best describes the claim-of-right issue for larceny? The best answer states the effect of an honest claim of right on theft intent. NCBE NextGen UBE Content Scope, Criminal Law
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...t property crimes. Analyze the buyer's liability for false pretenses, larceny by trick, extortion, and any related theft offenses. This essay tests false pretenses, larceny by trick, false promises, bad checks, and extor...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4
...ly property-crime charges for the jeweler and the employee, including larceny, larceny by trick, false pretenses, embezzlement, possession, title, and intent to deprive. This essay tests the classic distinctions among la...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8
...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
...pening the door. Analyze whether the defendant is guilty of attempted larceny or burglary, including intent, substantial step, factual impossibility, and abandonment or renunciation. This essay tests attempt, substantial...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
...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
...d to keep it and hid it in his garage. Which statement best describes larceny intent under continuing trespass? The best answer states the continuing-trespass doctrine for larceny. NCBE NextGen UBE Content Scope, Crimina...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...s and repair-shop owner's possible liability, including embezzlement, larceny, receiving stolen property, employee possession or custody, knowledge, and claim of right. This essay tests embezzlement, employee custody ver...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.6
...est describes the likely theft offense? The best answer distinguishes larceny by trick from false pretenses. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3
...opped him before he left the building. Which statement best describes larceny? The best answer states common-law larceny. NCBE NextGen UBE Content Scope, Criminal Law
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...it. He took the laptop and left. Analyze the shopper's liability for larceny, robbery, and burglary, including the timing of force, breaking, entry, dwelling, nighttime, and intent at entry. This essay tests robbery, fo...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1, Model Penal Code 222.1
...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
...g the toolbox and struck the guard. The man is charged with burglary, larceny, and battery. Which statement best describes the possible effect of the man's voluntary intoxication? The best answer captures the limited rol...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.08
..., and was arrested before opening it. If the traveler is charged with larceny, which statement is most accurate? The best answer recognizes that an honest factual mistake about ownership can negate larceny's specific int...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
...ll believed the compass was dangerous. Lane is charged with burglary, larceny, and property damage. Analyze Lane's potential insanity defense under the M'Naghten, irresistible-impulse, and Model Penal Code substantial-ca...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
...g his elbow and broke the guard's nose. Ian is charged with burglary, larceny of the sculpture and laptop, and battery on the guard. Ian argues that he was too drunk to be guilty, that he honestly believed the property w...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04, Model Penal Code 2.08
...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
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