...ity 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 extortion. NCBE NextGen UBE Content Scope, Crimina...
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,...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8
...eny? 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
A defendant maliciously set fire to curtains inside another person's occupied house. The flames charred a wooden window frame before being extinguished. Which statement best describes common-law arson? The best answer...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1
A defendant pointed a realistic toy gun at a cashier and demanded that the cashier open the register. The cashier, terrified, opened the register, and the defendant took the cash. Which statement best describes robber...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1
A 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 an...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.4
A defendant took a bicycle from a rack without permission intending only to ride it around the block and return it. After riding for several minutes, he decided to keep it and hid it in his garage. Which statement bes...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...ey as reimbursement. The repair-shop owner argues that he never saw a theft occur and therefore could not receive stolen property. Analyze the manager's and repair-shop owner's possible liability, including embezzlement...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.6
A nonprofit treasurer had authority to hold donation checks in the nonprofit's bank account and pay approved expenses. The treasurer transferred $6,000 of donation money to his personal account and used it for a vacat...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.8
A pawnshop owner bought five new laptops for $100 each from a stranger in an alley after the stranger said, "These came from a school break-in, but nobody can trace them." The pawnshop owner resold two laptops the nex...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.6
...person immediately sold it. Which statement best 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
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3
A shopper put a store's diamond bracelet into his coat pocket, intending to keep it, and walked toward the exit. Store security stopped him before he left the building. Which statement best describes larceny? The best...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
A shopper slipped an expensive camera into his backpack while inside an electronics store, intending to keep it. A security guard confronted him near the exit and grabbed the backpack. The shopper shoved the guard har...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1, Model Penal Code 222.1
A tenant had permission to enter a neighbor's apartment to feed a cat while the neighbor traveled. The tenant entered during the evening intending to feed the cat. Once inside, he became angry about a past dispute and...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1
At midnight, a defendant opened a closed but unlocked window of another person's house, climbed inside intending to steal jewelry, and was caught before touching anything. Which statement best describes common-law bur...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1
A defendant charged with felony theft waited 20 months for trial. Some delay was caused by court congestion, some by prosecution negligence, and some by defense continuances. The defendant demanded a speedy trial twice a...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo
Police investigating a theft use several methods to gather information: they listen from a public sidewalk, attach a tracker to a suspect's car while it is parked in the driveway, and obtain detailed long-term location r...
Citations: U.S. Const. amend. IV, Katz v. United States, United States v. Jones
...lice sought a warrant to search Apartment 4B for evidence of identity theft. The affidavit stated that a reliable informant had seen stolen credit cards in Apartment 4B within the past 48 hours and that utility records l...
Citations: U.S. Const. amend. IV, Illinois v. Gates, Franks v. Delaware, United States v. Leon, Groh v. Ramirez
...ishment in the syllabus path Criminal Law and Procedure > Substantive Crimes. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Common...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ishment in the syllabus path Criminal Law and Procedure > Substantive Crimes. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Common...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. A party invokes an equitable or discretionary remedy after contributing to the problem. What is the best a...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. Another actor changed position after relying on the relevant statement, document, or official action. Whic...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. One argument was preserved, while another was raised only later. Which result best accounts for preservati...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. One side relies on notice and practical reliance; the other side points to an omitted formal step. Which s...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
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