In a federal murder trial, Defendant claims self-defense and calls two witnesses who testify that Victim had a reputation for violence. In rebuttal, the prosecutor offers testimony from Victim's pastor that Victim had a...
Citations: Fed. R. Evid. 404(a)(2)(B), Fed. R. Evid. 405(a)
In a murder trial, the prosecution offers 30 graphic autopsy photographs. The defendant concedes that the victim died from stab wounds, and the medical examiner can explain the wounds with two diagrams. The defendant obj...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 403
...rom the blow. Which statement best describes the defendant's possible murder liability? The best answer recognizes serious-bodily-injury intent as a form of malice when death results. NCBE NextGen UBE Content Scope, Crim...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...der. The jurisdiction recognizes imperfect self-defense as a possible murder mitigation when the defendant honestly but unreasonably believes deadly force is necessary. Analyze the defendant's homicide liability for the...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.1, Model Penal Code 210.3
...estrian. Which statement best describes the theory that could support murder without intent to kill? The best answer states the mental state for depraved-heart murder. NCBE NextGen UBE Content Scope, Criminal Law, Model...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...supported if the conduct is reckless but not sufficiently extreme for murder? The best answer states the common reckless-killing basis for involuntary manslaughter. NCBE NextGen UBE Content Scope, Criminal Law, Model Pen...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3
...ven if the killing was intentional, the charge should be reduced from murder. Which statement best describes voluntary manslaughter mitigation? The best answer states the classic voluntary manslaughter mitigation rule. N...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3
.... The victim fell, struck his head, and died. Prosecutors seek felony murder using aggravated assault as the predicate felony. Which statement best describes a likely limitation on felony murder? The best answer states f...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...se. Analyze the driver's homicide liability, including depraved-heart murder, involuntary manslaughter, actual cause, proximate cause, and the effect of the surgeon's negligence. This essay tests depraved-heart murder, r...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
...." The courier shot and killed the clerk. The courier is charged with murder and raises duress. Under the traditional common-law rule, which statement is most accurate? The best answer states the traditional common-law l...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.09
...e grading under common-law and Model Penal Code approaches, including murder, voluntary manslaughter, involuntary manslaughter, negligent homicide, provocation, and extreme emotional disturbance. This essay tests grading...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
...he neighbor with a hammer, killing him. The defendant is charged with murder and raises insanity under the M'Naghten test. Which statement best describes the M'Naghten issue? The best answer states the cognitive M'Naghte...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
...mean for anyone to get hurt. Marcus is charged with arson and felony murder after a firefighter dies. He moves to suppress the station confession. Analyze custody, interrogation, Miranda warnings, remedy, and voluntarin...
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
..., the trip to the office, and the deliberate firing of two shots show murder rather than manslaughter. Analyze the most serious homicide offense the owner is likely to face, including malice, deliberation, adequate provo...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.1, Model Penal Code 210.2, Model Penal Code 210.3
...er motorist, killing her. Prosecutors 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 tha...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...y." Victim died before trial. Jordan is charged in federal court with murder. Jordan objects to the paramedic's testimony about the statement. Which statement is most accurate? The correct answer applies Rule 804(b)(2)'s...
Citations: Fed. R. Evid. 804(b)(2)
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