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SGrade/Bar Exam (UBE)/Criminal Law and Procedure — Core Concepts

Bar Exam · 20 questions

Criminal Law and Procedure — Core Concepts Practice Questions

This topic covers the essential principles of Criminal Law and Procedure as tested on the MBE portion of the Uniform Bar Examination.

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Sample questions

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Question 1Foundation

A man, while sleepwalking, unintentionally pushed his wife down a flight of stairs, causing her serious injury. He had no history of sleepwalking and had no conscious control over his actions at the time. The state prosecutor charged him with battery, which requires a voluntary act.

AThe man is liable for battery because his actions caused the injury.
BThe man is not liable for battery because sleepwalking is not a voluntary act.
CThe man is liable for battery because he should have known of the potential for sleepwalking if he had a pre-existing condition.

Examiner's Design Intent

Tests foundational understanding of MPC voluntary act requirement while distinguishing criminal from tort liability - core UBE competency in recognizing when criminal liability is impossible

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Question 2Foundation

A woman intended to steal a valuable necklace from a jewelry store. As she reached for the necklace, she accidentally knocked over a display case, causing approximately $500 in damage. She then fled the store without taking anything. The state has a statute for larceny and another for malicious mischief (property damage).

AThe woman is liable for larceny and malicious mischief.
BThe woman is liable only for malicious mischief.
CThe woman is liable for attempted larceny and malicious mischief.

Examiner's Design Intent

Tests ability to distinguish completed crimes from attempt liability while recognizing multiple charges arising from single course of conduct - core UBE Criminal Law competency.

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Question 3Foundation

A woman was walking home late at night when a mugger confronted her, demanding her purse and threatening to stab her. The woman, fearing for her life, pulled out a legal stun gun and incapacitated the mugger. The mugger suffered minor burns from the stun gun. The woman is charged with battery.

AThe woman is liable for battery because she used force against the mugger.
BThe woman is not liable for battery because she acted in self-defense, using non-deadly force proportional to the threat.
CThe woman is not liable for battery because the mugger was committing a crime, justifying any force to stop him.

Examiner's Design Intent

Tests whether candidates understand self-defense as a complete justification defense and can properly apply proportionality analysis rather than treating all force as inherently criminal

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+ 17 more Criminal Law and Procedure — Core Concepts questions in this set

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More Bar Exam topics

Civil Procedure — Core ConceptsConstitutional Law — Core ConceptsContracts — Core ConceptsEvidence — Core ConceptsReal Property — Core ConceptsTorts — Core Concepts
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