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?
- Actus reus (guilty act) and mens rea (guilty mind)
- Define actus reus
- The physical act, omission, or possession that constitutes the criminal conduct
- Define mens rea
- 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?
- 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?
- Knowledge
- What MPC mens rea level means the defendant consciously disregards a substantial and unjustifiable risk?
- Recklessness
- What MPC mens rea level means the defendant fails to perceive a substantial risk?
- Criminal negligence
- Define first-degree murder under common law
- Unlawful killing with malice aforethought, premeditation, and deliberation
- What is premeditation in the context of first-degree murder?
- Thought about the killing before committing it; reflection can be brief
- What is deliberation in the context of first-degree murder?
- A conscious decision or formed intent to kill; cool mind weighing the decision
- Define second-degree murder
- Unlawful killing with malice aforethought but without premeditation or deliberation
- What four states of mind constitute malice aforethought?
- Intent to kill, intent to cause serious bodily harm, depraved heart, or felony murder rule application
- Define voluntary manslaughter
- 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?
- Provocation was adequate, defendant was actually provoked, killing resulted from provocation, and defendant had no time to cool off
- Define involuntary manslaughter
- Unlawful killing without malice aforethought during a misdemeanor or through reckless or negligent conduct