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