Answer Choice 1	Answer Choice 2	Answer Choice 3	Answer Choice 4	Selected Answer
Question 1:  Of the common law elements of burglary, which one still has the most application today?
the requirement that the crime take place at night	the specific intent 'to commit a crime' inside the area requirement	the 'breaking' and entering requirement	the requirement that the victimized area be a 'dwelling'
Question 2:  Daniel and Danielle are married. Danielle is 8 1/2 months pregnant, when she suddenly announces 'This is IT! Let's go NOW'!' Daniel helps her into the car and speeds off toward hospital. Unfortunately, they get pulled over by a state trooper for going 60 MPH in a 30 MPH zone. When the state trooper learns of the situation, he escorts the couple to the hospital at high speed. However, once they get to the hospital, the state trooper writes Daniel a ticket for speeding. What is the most likely result?
Daniel has a valid defense of defense of another	Daniel has a valid defense of duress	Daniel must pay the ticket because speeding is a strict liability offense; and so Daniel has no valid defense.	Daniel has a valid defense of necessity
Question 3:  Adam breaks into a car and 'hotwires' it and takes it for a joyride. Adam intends to return the car to the spot from which he took it. However, while joyriding, Adam gets into an accident. He gets out of the car and runs away. Adam is arrested and charged with larceny. Is he guilty of larceny?
No; because he did not have the intent to permanently deprive the owner of the property	Yes; because he intended to deprive the owner of possession of the car temporarily	No; because he did not 'carry away' the property; he just took it for a joyride	Yes; because the car got damaged before he returned it
Question 4:  Brad has his own cleaners shop, in which he cleans clothing for a fee. One day, Jack walks in and gives him a brand new suit to clean. Brad likes the suit and wants it for himself. Thus, when Jack comes back to collect the suit, Brad pretends that he has never seen Jack before, has never heard of his suit, and does not even know that a suit is, or what the meaning of the word 'is' is, for that matter. He thus keeps the suit. Which crime, if any, has Brad committed?
False pretenses	none of these; because the suit came into Brad's possession legally.	Embezzlement	Larceny by trick
Question 5:  Which of the following crimes are generally considered specific intent crimes?
receiving stolen property	embezzlement	all of these	larceny
Question 6:  George and Jane, each age 16, are acting in a school play. The script calls for George, during the play, to draw his (plastic) sword and 'slay' Jane. During the play, George, pursuant to the script, draws his sword and whacks Jane with the sword. Jane promptly files a criminal complaint against George. Against a charge of criminal assault and battery, George's best defense would be...
consent	entrapment	diminished capacity	infancy
Question 7:  Joshua, age 26 and Marie, age 16, engage voluntarily in sexual intercourse. The age of consent in the jurisdiction is 17. Regarding the crime of rape...
there is no rape here because both parties consented to the intercourse.	Joshua is guilty of rape and Marie is guilty of being an accomplice to the statutory rape.	Joshua will have a valid defense of 'entrapment' if Marie seduced him.	Joshua is guilty of rape and Marie is not guilty of anything.
Question 8:  Big Bird, Slimey and Oscar plot to rip off the grocery store on Sesame Street. Slimey goes into the store while it is open and scouts out all the exit points and sweeps the interior of the store for hidden cameras. Much to his pleasure, he finds no cameras and finds an exit in the rear corner of the store that is a perfect getaway exit. He reports his findings to Big Bird and Oscar. If Big Bird and Oscar carry out the robbery on their own, Slimey is a(n)...
principal in the first degree	principal in the second degree	accessory after the fact	accessory before the fact
Question 9:  In which of the following cases has Peter committed robbery?
Peter holds a gun to Jane's head and demands that she give him her money; which she does.	Peter has committed robbery in all of these cases	Peter demands that Joe give him a million dollars or Peter will kill Joe's family right now; a demand with which Joe complies.	Peter walks up to Steve in the street and grabs a package of Italian ices out of his hand and walks away.
Question 10:  Harriet would like to add a wing to her house. She does not know whether she needs a permit to do so, however. So, she calls her friend, Beatrice, whose son went to law school and asks Beatrice to ask her son whether she needs a permit. Beatrice later calls back and tells Harriet that her son said that no permit is required. Harriet therefore adds a wing to her house without a permit. Unfortunately, Beatrice's son turns out to be mistaken and Harriet is arrested for building without a permit. Which of the following is accurate?
Harriet cannot be convicted of building without a permit because she has a defense of 'mistake of law.'	Harriet can be convicted of building without a permit.	Harriet cannot be convicted of building without a permit because she has a defense of 'mistake of fact.'	Harriet cannot be convicted of building without a permit because she has a defense of 'protection of property.'
Question 11:  Lisa sneaks into the home of Derek and forces Derek, at gun point to come with her. She locks Derek in her basement and calls Derek's parents and demands that they give her $10,000 to secure Derek's release. In most states and under the common law, the most serious offense that Lisa has committed is...
aggravated kidnapping	tresspassing	false imprisonment	kidnapping
Question 12:  Which of the following is probably the best defense under the common law?
that the defendant did not know the nature and quality of his criminal act because of a mental illness, and was not able to distinguish between right and wrong.	that the defendant was voluntarily intoxciated	Infancy, when the criminal defendant is 16 years old	that, were it not for the defendant's mental illeness, he would not have committed the crime
Question 13:  Alfred tells Batman, 'Unless you do a better job of sweeping out the Batcave from now on, I am going to call the Gotham City Journal and tell them of your true identity. Batman, who does not want to have his true identity come out, complies with Alfred's demand. Alfred is arrested and charged with extortion. Will he be convicted?
Yes; because he caused someone else to do something by a threat	No; because he did not threaten any violence	No; because divulging Batman's identity is not illegal	No; because he did not cause Batman to relinquish property
Question 14:  Joshua, age 26 and Marie, age 16, engage in sexual intercourse. The age of consent in the jurisdiction is 17. Joshua claims that Marie presented a false ID that stated that her age was 19. Which of the following is correct?
Under the rules of most states, Joshua is guilty of rape even if his mistake was reasonable.	Under the rules of most states, Joshua is not guilty of rape if his mistake was reasonable.	Under the rules of most states, Joshua is not guilty of rape because Marie consented to the intercourse.	Under the rules of most states, Joshua is guilty of rape only if he put a lot of pressure on Marie to sleep with him.
Question 15:  Under the common law, which of the following acts constituted arson?
blowing up someone else's car with a bomb	blowing up someone else's house with a bomb	burning one's own house down to collect the insurance on it	all of these are arson under the common law
Question 16:  Doug walks up to Marvin and announces 'I don't like the way thee smirks and I will slap thee in the face to wipe the evil smirk off thy face.' Doug winds up to smack Marvin in the face. But, Marvin is too quick and he shoves Doug out of the way before Doug can land the smack. Marvin is arrested and charged with battery. If Marvin asserts a defense of self defense, this defense will probably...
prevail	not prevail, because one has no right to use force to prevent non-deadly force from being inflicted upon oneself	not prevail, because self-defense is no excuse to shove people	not prevail, if the jury finds that Marvin could have safely retreated
Essay Question:   Gregg was invited over to his friend Judy's house for drinks one night. After they both had consumed several beers, Judy told Gregg that she wanted to show him something that she had just gotten. Judy went into her bedroom and retrieved a perfect condition 1912 vintage Picasso painting. Judy told Gregg that she had stolen the painting from a local museum. Gregg asked Judy if she was willing to sell the painting and offered her $10,000,000 for it, but Judy refused. They continued to drink for another hour or so, and then decided to go to a local bar. As they got into Judy's car, Gregg realized that he had forgotten his coat inside. He told Judy that he needed to go back into the house to get his coat and he went back to get it. Once inside the house, Gregg saw the painting and resolved to steal it. He knew that he couldn't just take the painting to the car because Judy was there. So, he took the painting and slipped out the back door and hid the painting in some bushes in the backyard, intending to sneak into the yard and retrieve the painting at a later date. Gregg then went back to the car. When Judy asked where he had been, Gregg replied that he had to use the restroom. Satisfied, Judy drove off toward the bar. However, because she had been drinking, Judy was somewhat drunk. Because of this, she lost control of the car and ran over Bystander, killing him. a) Gregg is arrested and charged with burglary in the theft of the painting. In the jurisdiction, burglary is defined as the "breaking and entering into the dwelling of another at night with the intent to commit a felony therein." Stealing the painting would be a felony. Is Gregg guilty of burglary? Explain. b) Irrespective of your answer to part (a), Gregg is also charged with larceny for his actions with regard to the painting. Is he guilty of larceny? Explain. c) With respect to both charges, Gregg raises the defense that he was intoxicated at the time of the incident and thus should not be held liable for buglary and/or larceny. Regardless of your answers to (a) and (b) (whether larceny and burglary even apply), please evaluate Gregg's intoxication defense to the charges of burglary and larceny. d) Judy is charged with First Degree Murder in the death of Bystander. Does she have a legitimate defense? If so, what is the most appropriate charge against Judy for Bystander's death? Please explain.