...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
...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
...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
...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
...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
...answer states the basic attempt rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
...effect of withdrawal from conspiracy. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
...dercover officer's feigned agreement. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
...ity, and abandonment or renunciation. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
...ore accomplice-liability requirement. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06
...uences, and accessory after the fact. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06
...fense rule for factual impossibility. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
...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
...one else joined the plan, and the agreement did not create a broader criminal project. Which statement best describes the possible conspiracy limitation? The best answer states the narrow conspiracy limitation under Wha...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...states the basic conspiracy elements. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
...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
...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
...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
...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
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