Supplemental CA Bar Deck

Question 1

[Crim] List the key specific intent crimes

Answer 1

• first degree murder
• assault as attempted battery
• burglary
• robbery
• larceny
• embezzlement
• false pretenses
• forgery
• inchoate crimes: solicitation, attempt, conspiracy

Question 2

[Crim] List the key general intent crimes

Answer 2

• assault as a threat
• battery
• rape
• kidnapping
• false imprisonment

Question 3

[Crim] List the elements of forgery

Answer 3

• making or altering a
• writing with apparent legal significance
• so that it is false
• with intent to defraud
  (does not have to be successful)

Question 4

[Crim] When is unreasonable mistake of fact a defense?

Answer 4

• specific intent crimes (when mistake means defendant did not have the mens rea requirement)
• not for general intent crimes
• not for attempt (even though attempt is a specific intent crime)
• not for strict liability
• defense for unreasonably using deadly force in self-defense (mitigates murder to voluntary manslaughter)

Question 5

[Crim] When is reasonable mistake of fact a defense

Answer 5

• specific intent crimes (when mistake means defendant did not have mens rea requirement)
• general intent crimes (when mistake means defendant did not have mens rea requirement)

Question 6

[Crim] What is the definition of malice at common law?

Answer 6

Intentional or reckless disregard of an obvious or known risk

Question 7

[Crim] What constitutes a police interrogation?

Answer 7

Any conduct the officer(s) know or should have known was likely to elicit an incriminating response from the suspect

Question 8

[Crim] When is a suspect in custody?

Answer 8

When a suspect does not reasonably believe that she is free to terminate the encounter with the government.

Question 9

[Crim Pro] What rights are protected under the 4th Amendment?

Answer 9

• right to be free from unreasonable search and seizure
• warrant requirement (probable cause, on oath or affirmation, describing with particularity the place to be searched and the things or people to be seized)

Question 10

[Crim Pro] What rights are protected under the 5th Amendment?

Answer 10

• double jeopardy
• right to not self-incriminate (Miranda is a 5th Am concept)
• no deprivation of life, liberty or property without due process
• no taking private property for public use w/o just compensation

Question 11

[Crim Pro] What rights are protected under the 6th Amendment?

Answer 11

• right to (effective) counsel once charged
• speedy public trial
• jury trial for non-petty offenses
• right to confront witnesses

Question 12

[Con Law] When is a state statute that discriminates against out-of-staters nevertheless constitutional?

Answer 12

1. The law is necessary to achieve and important non-economic government interest (basically of SS )
2. Congress expressly approved it
   OR
3. The state/local gov’t is a market participant favoring contracts with its own citizens (consider how closely state action looks like gov’t vs. looks like private trader)

Question 13

[Real Property] What are the requirements for a deed transfer?

Answer 13

1. Lawful execution of the deed
   - in writing
   - describes property
   - describes parties
   - signed by grantor
2. Delivery of the deed (actual or implied)
   - words or conduct showing grantor’s intention for deed to have present operative effect
3. Acceptance by grantee
   - acceptance presumed unless grantee rejects

Question 14

[Contracts] When can Parol evidence come in even though there is a complete integration?

Answer 14

1. To clarify ambiguous terms
2. To show clerical error
3. Show defense to contract formation
4. Show consistent collateral contract
5. Show a condition precedent