Core criminal law rules and doctrines tested on the bar exam.
41 cards · basic cards · AI-written, checked twice. Edit anything.
- What are the two elements of every crime?
Show answer
Actus reus (guilty act) and mens rea (guilty mind)- Define actus reus
Show answer
The physical act, omission, or possession that constitutes the criminal conduct- Define mens rea
Show answer
The mental state or intent required by law for a particular crime- What MPC mens rea level means the defendant's conscious object is to engage in conduct?
Show answer
Purpose (also called intent or willfulness)- What MPC mens rea level means the defendant is aware of a high risk that a material element exists?
Show answer
Knowledge- What MPC mens rea level means the defendant consciously disregards a substantial and unjustifiable risk?
Show answer
Recklessness- What MPC mens rea level means the defendant fails to perceive a substantial risk?
Show answer
Criminal negligence- Define first-degree murder under common law
Show answer
Unlawful killing with malice aforethought, premeditation, and deliberation- What is premeditation in the context of first-degree murder?
Show answer
Thought about the killing before committing it; reflection can be brief- What is deliberation in the context of first-degree murder?
Show answer
A conscious decision or formed intent to kill; cool mind weighing the decision- Define second-degree murder
Show answer
Unlawful killing with malice aforethought but without premeditation or deliberation- What four states of mind constitute malice aforethought?
Show answer
Intent to kill, intent to cause serious bodily harm, depraved heart, or felony murder rule application- Define voluntary manslaughter
Show answer
Unlawful killing without malice aforethought, committed in the heat of passion upon adequate provocation- What four elements must be shown for adequate provocation to support voluntary manslaughter?
Show answer
Provocation was adequate, defendant was actually provoked, killing resulted from provocation, and defendant had no time to cool off- Define involuntary manslaughter
Show answer
Unlawful killing without malice aforethought during a misdemeanor or through reckless or negligent conduct
FlashKeepers