1If the same criminal conduct violates both a state law and a federal law, may a defendant be tried and convicted for violating both laws?
2Are there any federal common law crimes?
3Under what authority do states enact criminal laws?
4What is the Model Penal Code (MPC)?
5What is the due-process principle of fair warning?
6What is the rule of lenity?
7Does the Eighth Amendment prohibition against cruel and unusual punishment apply to both the state and the federal government?
8What is an ex post facto law?
9What is a felony?
10What is a misdemeanor?
11What is a violation?
12What are the elements of a crime?
13What is the definition of actus reus under the MPC?
14Is possession an act that can satisfy the actus reus requirement for a crime?
15What is an omission?
16If a defendant is physically incapable of acting, may the defendant be liable for a failure to act?
17A police officer pulled a driver over for a routine traffic stop. During the stop, the officer inadvertently shot and wounded the driver. The wound...
18A driver was stopped at a traffic light in front of a bank. A woman who had just robbed the bank ran from the bank to the driver’s car. The woman o...
19What is mens rea?
20What is a general-intent crime?
21What is a specific-intent crime?
22What are the four criminally culpable mental states under the MPC, in descending order of severity?
23What does the mens rea purposely require?
24If a crime requires a particular type of conduct or circumstances, what does the mens rea knowingly require?
25An employee slipped arsenic into his boss's coffee. The boss drank the coffee and died. The jurisdiction defines murder as "knowingly causing the d...
26In the context of mens rea, what is willful blindness?
27What does the mens rea recklessly require?
28A teenager set off a firecracker next to some bales of hay inside an abandoned barn. The sparks from the firecracker caused the hay to catch fire, ...
29What does the mens rea negligently require?
30Under the MPC, what is the difference between recklessness and negligence?
31In the context of criminal law, what is the definition of strict liability?
32Under what circumstances may strict liability apply to a criminal offense under the MPC?
33If a criminal statute does not specify a required mens rea (or culpability), under what circumstances is a federal court likely to construe the sta...
34A music lover paid $1.99 to download a song from an online store. As it happened, the song was in the store by mistake; earlier that day, the artis...
35What is the doctrine of transferred intent?
36What is a mistake of fact?
37Can a mistake of fact relieve a defendant of criminal liability?
38What is a mistake of law?
39What are the exceptions to the general rule that a mistake of law is not a defense?
40Can a mistake of law excuse a defendant from criminal liability?
41A federal statute made it a crime to purposely assault a federal legislator in retaliation for that legislator’s official behavior. A voter was fur...
42A state criminal statute made it a crime to pick flowers in any state park without permission of a park ranger. Almost no one knew that this statut...
43May a defendant be held criminally liable if he was insane at the time he committed the offense?
44What is required to find a defendant incompetent to stand trial?
45What is the result of a finding that a defendant is incompetent to stand trial?
46What is the M'Naghten rule?
47What is knowledge under the M’Naghten rule?
48Under the second prong of the M’Naghten rule, that requires that the defendant did not know that what she was doing was wrong, what does the term w...
49What is the irresistible-impulse test?
50A defendant was on trial for murdering his sister. He testified that for weeks, a demon had appeared to him nightly and commanded him to kill his s...
51After a hearing in a criminal case pending against a defendant, the trial court concluded that the defendant lacked the ability to understand the c...
52What is the Durham rule?
53What is the MPC test for insanity?
54What is the federal insanity defense?
55What is diminished capacity?
56Can intoxication be a defense to criminal liability?
57What is voluntary intoxication?
58In jurisdictions that recognize the defense of voluntary intoxication, are there any limitations to the defense?
59In most jurisdictions, can voluntary intoxication be a defense to criminal liability?
60What is involuntary intoxication?
61In most jurisdictions, what is the relationship between involuntary intoxication and an insanity defense?
62A student attended a party. Without the student’s knowledge or consent, another partygoer put LSD in the student’s drink. The LSD caused the studen...
63Under what circumstances do concurrent causes exist?
64What is the substantial-factor test for causation?
65What is proximate cause?
66Is a criminal defendant liable for harm to a victim exacerbated by an infirmity of the victim, such as a health condition?
67What two types of causation must be present for a defendant to be found guilty of a crime that requires a particular result?
68What is an intervening cause?
69A man assaulted his neighbor with a knife. The resulting knife wound would not normally have proven fatal. The neighbor, however, suffered a rare d...
70Each of two sisters independently resolved to kill her stepmother. One sister put a drop of poison in the stepmother's breakfast each morning. The ...
71What are the two general categories of defenses to criminal liability?
72What is the necessity defense?
73Is necessity a defense if the defendant intentionally, recklessly, or negligently brought about the situation that led the defendant to commit the ...
74Does a person have the right to use force to defend herself against the use of force by another?
75May a person use non-deadly force in self-defense?
76What is the imminent use of unlawful force?
77What degree of defensive force must a person use?
78A patron at a bar tried to punch the bouncer, narrowly missing the bouncer’s face. The patron then immediately held up his open palms, stepped back...
79May a defendant lawfully use deadly force in self-defense?
80Does a person have a duty to retreat before using deadly defensive force?
81Can a person claim self-defense if he is the initial aggressor?
82May a person use force in the defense of others?
83What is the legal effect of a person reasonably, but mistakenly, believing that the use of force in defense of another person is necessary?
84May a person use non-deadly force to defend property?
85May a person use reasonable, non-deadly force to recover personal property unlawfully taken?
86May a person use reasonable, non-deadly force to re-enter his own land immediately after an interference by another?
87May a person use deadly force to protect property?
88May a person use deadly force to protect his residence?
89May a private citizen use force to prevent a crime?
90Is an arrest a Fourth Amendment seizure?
91Is there a limit on how much force a police officer may use to arrest someone pursuant to a valid warrant?
92At common law, may a police officer make a warrantless arrest?
93May a police officer use deadly force to make an arrest or prevent an escape?
94May a private citizen use non-deadly force to arrest someone?
95May a parent use force to discipline a minor child?
96May school teachers use force to discipline a minor child?
97May public officials use force against persons or property?
98What is an excuse defense?
99Under what circumstances can a defendant establish a defense of duress?
100Is the duress defense available if a person’s property is threatened?
101Is the duress defense available to a defendant who recklessly contributed to placing herself in duress?
102Is duress generally available as a defense to a charge of intentional or attempted homicide?
103What is entrapment?
104What is the subjective-predisposition test?
105What is the objective-police-conduct rule?
106Are there any limitations to an entrapment defense?
107Is a victim’s consent to a crime a defense?
108Can consent be ineffective?
109What is automatism?
110What is criminal-law jurisdiction?
111What is the common law’s situs rule of jurisdiction?
112Have states expanded their common-law criminal jurisdiction?
113Does the MPC permit a state to prosecute a defendant for conduct committed outside the state?
114A man living in State A planned to rob a bank in State B. The man made all his plans and preparations in State A. He purchased a ski mask and a wea...
115Is there common-law federal jurisdiction?
116In the context of a federal criminal statute, what is a jurisdictional hook?
117Does the federal government have jurisdiction over federal crimes committed anywhere within the United States?
118Does the federal government have jurisdiction over American ships?
119Does the federal government have jurisdiction over United States nationals in foreign countries?
120What is a statute of limitations?