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136 Cards in this Set

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MBE Criminal Law #1

The property crimes are ...
(1) Larceny;

(2) Larceny by trick;

(3) Embezzlement;

(4) False Pretenses;

(5) Receiving stolen property;

(6) Theft;

and

(7) Robbery and Extortion.
MBE Criminal Law #2

The elements of larceny are ...
(1) the taking or exercising of control AND

(2) asportation (or movement) OF

(3) corporeal personal property of another

(4) without permission AND

(5) with intent to permanently deprive.
MBE Criminal Law #3

The elements of larceny by trick are ...
(1) the taking or exercising of control AND

(2) asportation (or movement) OF

(3) corporeal personal property of another

(4) with PERMISSION OBTAINED BY DECEPTION AND

(5) with intent to permanently deprive.
MBE Criminal Law #4

For larceny, apsortation only requires __ __ movement of the property and taking requires __ __ adverse to someone with a __ __ __ __.
For larceny, apsortation only requires SOME DISCERNABLE movement of the property and taking requires SOME CONTROL adverse to someone with a GREATER RIGHT TO POSSESSION (e.g., lien holder, etc.).
MBE Criminal Law #5

For larceny, intent to permanently deprive requires that at the time of the __, the defendant ...
TAKING, the defendant EITHER:

(1) INTENDED to permanently keep the property himself;

OR

(2) INTENDED to do anything likely to prevent owner from getting the property back.
MBE Criminal Law #6

Borrowing is __ larceny because ...
NEVER ... taking with the intent to return cannot be a taking with intent to permanently deprive; and thus, it isn't larceny.
MBE Criminal Law #7

The rule of coincidence requires ...
... that when a crime requires both an a particular act and an intent, the defendant must have that intent coincidentally while commiting that act.
MBE Criminal Law #8

A common exception to the rule of coincidence in some larceny cases is the __ __ __, which provides that ...
CONTINUING TRESPASS RULE, which provides that a defendant may be guilty of larceny if he forms the intent to permanently deprive AFTER the taking and DURING possession ONLY IF the original taking was WRONGFUL.
MBE Criminal Law #9

The elements of embezzlement are ...
(1) Possession of property under a trust arragement;

(2) conversion of that property (use contrary to arrangement);

(3) with intent to defraud.
MBE Criminal Law #10

Borrowing is __ embezzlement because ...
SOMETIMES ... because the intent to return or replace converted property of another DOES NOT negate intent to defraud in embezzlement.
MBE Criminal Law #11

A person who has "__" of another's property can commit __ but not __ because ...
A person who has "POSSESSION" of another's property can commit EMBEZZLEMENT but not LARCENY because embezzlement requires possession and larceny requires taking, which presumes a lack of possession.
MBE Criminal Law #12

A person who has only "__" of another's property does not have possession and can commit __ of that property.
A person who has only "CUSTODY" of another's property does not have possession and can commit LARCENY of that property.
MBE Criminal Law #13

"Possession" requires __ and __ __.
"Possession" requires EXTENSIVE and DISCRETIONARY CONTROL.
MBE Criminal Law #14

Usually, an empolyee has only __ of her employer's property and thus usually commits __ by __ it.
Usually, an empolyee has only CUSTODY of her employer's property and thus usually commits LARCENY by TAKING it.
MBE Criminal Law #15

The elements of false pretenses are ...
(1) obtaining title to property of another;

(2) by means of a misrepresentation of either a past or present fact;

and

(3) with intent to defraud.
MBE Criminal Law #16

Common misrepresentations that cannot be false pretenses are ...
(1) unkept promises---because unkept enforceable promise is a matter of civil contract law;

and

(2) misrepresentation of future facts.
MBE Criminal Law #17

On MBE, a person's misrepresentation of his present intent is a misrepresentation of a __ fact.
On MBE, a defendant's misrepresentation of his intent is a misrepresentation of a PRESENT fact.
MBE Criminal Law #18

A person's failure to correct another's misunderstanding is sufficient for false pretenses only if ...
... the person CREATED the other's misunderstanding.
MBE Criminal Law #19

The elements of receiving stolen property are ...
(1) receiving (taking possession)

(2) actually stolen property (acquired by larceny or other property crime)

(3) while knowing property is stolen

and

(4) intending to permanently deprive.
MBE Criminal Law #20

Property recovered by law enforecement and used in a sting is ...
... no longer stolen property.
MBE Criminal Law #21

Per a likely statute, "a person commits __ if he unlawfully exercises control over the property of another without effective permission and with the intent to deprive the other of that property."
MODERN THEFT.
MBE Criminal Law #22

Robbery is ...
... larceny in which property is taken either by FORCE (violence) or THREAT (intimidation).
MBE Criminal Law #23

The elements of robbery by force are ...
(1) larceny committed

(2) by force to obtain property or prevent victim from immediately regaining it.
MBE Criminal Law #24

The elements of robbery by threat are ...
(1) larceny committed

(2) by threats of IMMEDIATE PHYSICAL HARM that

(3) put the victim in ACTUAL FEAR OF THAT HARM

and

(4) the threat would cause A REASONABLE PERSON TO apprehend immediate harm.
MBE Criminal Law #25

There is one robbery for each__ __ __ __ __, but a single robbery may __ __ __.
There is one robbery for each VICTIM FROM WHOM PROPERTY IS TAKEN, but a single robbery may TAKE MANY PROPERTIES.
MBE Criminal Law #26

The elements of extortion (a.k.a. __) are ...
BLACKMAIL...

(1) obtaining property by means of threats that

(2) either threaten something other than physical harm (e.g. embarrassment) or nonimminent physical harm (e.g., beat you tomorrow).
MBE Criminal Law #27

The crimes against habitation are ...
(1) Burglary;

and

(2) Arson
MBE Criminal Law #28

The elements of traditional burglary are ...
(1) an entry

(2) by breaking

(3) of another's dwelling

(4) at night

(5) witn intent to commit acts the law regards as a felony inside the dwelling.
MBE Criminal Law #29

A dwelling is ...
... a place used for sleeping, and may be used for other things as well.
MBE Criminal Law #30

For burglary, entry can be by an __ used for __ __ __ __, but not ...
For burglary, entry can be by an INSTRUMENT used for COMMITTING THE INTENDED FELONY, but not USED FOR MERE ENTRY.
MBE Criminal Law #31

For burglary, breaking requires ...
... only some effort to create and opening (e.g., opening a door or window only slightly is sufficient).
MBE Criminal Law #32

For bugrlary, a defendant must have intent at time of ...
ENTRY.
MBE Criminal Law #33

For burglary, a defendnant __ needs to have commited the intended felony.
For burglary, a defendnant NEVER needs to have commited the intended felony.
MBE Criminal Law #34

Modern statutes often alter traditional burglary by ...
(1) expanding places covered beyond dwellings;

(2) eliminate need for a breaking;

(3) eliminate requirement that entry be at night;

(4) expand intent to include particular crimes (e.g., theft) or misdemeanors.
MBE Criminal Law #35

For burglary, entry may be by moving from a __ or __ of a dwelling to another, but not by entering an __ __ __ __.
For burglary, entry may be by moving from a ROOM or AREA of a dwelling to another, but not by entering an ITEM WITHIN THE DWELLING (E.G. A WALL SAFE).
MBE Criminal Law #36

To prove intent to commit a felony, prosecution must show that ... , but it need not show ...
To prove intent to commit a felony prosectution must show that

(1) the defendant entered with intent to commit CERTAIN ACTS and

(2) such acts would be a felony if comitted;

but it need not show that the defendant knew the law regarded the acts as a fel
MBE Criminal Law #37

The elements of arson are ...
(1) maliciously or recklessly

(2) burning

(3) another's dwelling.
MBE Criminal Law #38

For arson, burning requires ...
(1) some damage (charring, not blackening)

(2) caused by flame---not mere smoke or heat---

(3) to some part of the structure itself.
MBE Criminal Law #39

The three traditional crimes against the person are ...
(1) homicide;

(2) rape or sexual assault;

and

(3) kidnapping.
MBE Criminal Law #40

The three traditional criminal homicide offenses are ...
(1) murder;

(2) voluntary manslaughter;

and

(3) involuntary manslaughter.
MBE Criminal Law #41

Causation in homicide requires ...
(1) cause in fact;

(2) death within year and a day;

and

(3) proximate cause
MBE Criminal Law #42

For homicide, proximate causation exits if the victim's death __ __ from __ __ __, even if events occur in an __ __ unless the the events are __ __.
For homicide, proximate causation exits if the victim's death NATURALLY RESULTS from THE DEFENDANT'S ACTS, even if events occur in an UNEXPECTED MANNER unless the the events are EXTREMELY UNUSUAL.
MBE Criminal Law #43

A __ __ may negate proximate causation if ...
SUPERSEDING FACTOR, ... it is

(1) independent of the defendant's actions;

(2) reasonably unforseeable;

(3) the ONLY immediate cause of the victim's death.
MBE Criminal Law #44

Murder is ...
... homicide with "malice aforethought."
MBE Criminal Law #45

Malice aforethought is ...
(1) intent to kill; or

(2) intent to cause serious bodily injury; or

(3) reckless indifferences to unjustifiably high risk to human life; or

(4) intent to commit a felony (felony murder).
MBE Criminal Law #46

Felony murder requires ...
...EITHER

(1) the resulting death was FORESEEABLE;

OR

(2) the intended felony is DANGEROUS AS COMMITED.
MBE Criminal Law #47

All cofelons are guilty of a felony murder, if ...
... they COULD HAVE FORESEEN the resulting death.
MBE Criminal Law #48

The Merger Rule for felony murder provides that ...
... felony murder cannot be based on felony assault or battery causing victim's death because that crime "merges" into the death of the victim and has no independent significance for felony murder.
MBE Criminal Law #49

The agency rule for felony murder provides that ...
... the court will not apply felony murder if the fatal shot was not fired by one of the felons.
MBE Criminal Law #50

The Redline view for felony murder provides that ...
... liability for felony murder cannot be based on the death of a cofelon.
MBE Criminal Law #51

Under most statutory provisions for murder, first degree murders are ..
(1) enumerated felony murders;

and/or

(2) premeditated murder.
MBE Criminal Law #52

For first degree murder, premediation requires ...
conscious deliberation over whether or not to kill; not response to provocation.
MBE Criminal Law #53

Under most statutory provisions for murder, first degree murders are ...
any murder that is not a first degree murder.
MBE Criminal Law #54

Common felonies enumerated as eligible for first degree felony murder ...
(1) robbery

(2) kidnapping

(3) burglary

(4) arson

(5) rape
MBE Criminal Law #55

Voluntary manslaughter is ...
... the intentional killing that is

(1) in response to REASONABLE PROVOCATION;

(2) that caused defendant to kill the victim;

(3) and defendant acted before an objectively sufficient COOLING period (20 mins) elapsed.
MBE Criminal Law #56

For voluntary manslaughter, a provocation of "mere words" is ...
... not reasonable provocation.
MBE Criminal Law #57

Involuntary manslaughter is ...
... the intentional killing that is

(1) in the course of committing a misdemeanor;

or

(2) done with criminal negligence.
MBE Criminal Law #58

An omission may constitute criminal liability if ...
the defendant

(1) has a legal duty to act arising from law (criminal law, contract law, tort law-placing in peril-, etc.);

(2) had knowledge of the facts giving rise to the duty to act;

AND

(3) could have performed the duty.
MBE Criminal Law #59

Rape is ...
... is sexual intercourse by a male with a woman not his spouse without the woman's effective consent and by force.
MBE Criminal Law #60

For rape, fraud will render a woman's consent ineffective only if ...
... the fraud goes to the nature of the act.
MBE Criminal Law #61

Kidnapping is ...
... EITHER

(1) confining or restraining a person without legal authority;

or

(2) asporting a person wihout legal authority.
MBE Criminal Law #62

When a victim of __ or __ is confined or moved during the crime, many courts hold that ...
RAPE or ROBBERY ... kidnapping does not also occur unless the confinement or movement increases the risk o fharm to the victim and thus is not merely incidental to the crime.
MBE Criminal Law #63

To have possession sufficient for actus reus, ...
... the defendant must have control of the item long or be within the defendant's dominion and control long enough to have an opportunity to terminate possession, but defendant need not know item is illegal or what it is.
MBE Criminal Law #64

All persons are guilty of a crime who ...
(1) commit the act constituting the crime (primary actor);

(2) participate in the act (as "aiders and abettors" or accomplices) either before or during its commission;

(3) use an innocent agent to commit a crime.
MBE Criminal Law #65

A person assisting the primary actor of a crime after the crime is complete is ...
... not criminally liable for that crime (e.g., warning of the police coming after the robbery).
MBE Criminal Law #66

The acquittal of one participant of a crime __ __ __ liability of others.
The acquittal of one participant of a crime DOES NOT AFFECT liability of others.
MBE Criminal Law #67

The elements of liability as an accomplice are ...
(1) participation in the offense;

(2) with the offense's required intent.
MBE Criminal Law #68

An accomplice participates in an offense by ...
... EITHER

(1) encouraging the primary actor;

or

(2) assisting the primary actor in committing the crime.
MBE Criminal Law #69

For establishing accomplice liability, the defenant's mere __ at the scene of the comission of the crime is insufficient.
PRESENCE
MBE Criminal Law #70

For establishing intent necessary for accomplice liability, the defendant must ...
(1) know the primary actor is going to commit the offense;

and

(2) want to encourage or assist the primary actor in comitting it.
MBE Criminal Law #71

Prosecution usually shows intent for accomplice liability by showing ...
... that the defendant had a motive for wanting the pimary actor to successfully commit the crime.
MBE Criminal Law #72

The three "preparation" crimes are ...
(1) attempt;

(2) solicitation;

(3) conspiracy.
MBE Criminal Law #73

A defendant's presence while the primary actor commits a crime may be encouragement sufficient to create accomplice liability if ...
... defendant is present pursuant to an agreement to aid the primary actor.
MBE Criminal Law #74

If a primary actor for a crime has been acquitted and the defendant is charged as an accomplice ...
... nothing has changed because the liability of participants in a crime is independent and an accomplice may be convicted even if the primary is acquitted.
MBE Criminal Law #75

A participant in an offense is not guilty of the offense if either ...
(1) the participant is a member of the class of persons protected by the crime (e.g., female participant in underage rape);

and

(2) the crime inherently involves several types of participants and only some are made liable (e.g., a buyer is not an accomp
MBE Criminal Law #76

The elements of the crime of attempt are ...
(1) the taking of a SUBSTANTIAL STEP towards committing a crime;

(2) with the intent to commit that crime.
MBE Criminal Law #77

The possible defenses to the crime of attempt include ...
... legal impossibility, but not abandonment.
MBE Criminal Law #78

For the crime of atempt, the defendant must have intent to ...
(1) complete the act constituting the attempted crime;

AND

(2) any intent necessary for the attempted crime.
MBE Criminal Law #79

When claimed as a defense, impossibility must be ...
... "legal imposibility" and not "factual impossibility."
MBE Criminal Law #80

As a defense to the crime of attempt, legal impossibility occurs when ...
... the defendant mistakenly believes the act she is taken is a crime under the law and that act would not constitute a crime under the law.
MBE Criminal Law #81

Factual impossibility is ....
... not a defense to attempt and occurs where:

(1) the defendant mistakenly believes she can execute a crime;

or

(2) mistakenly believes circumstances surrounding her act are such that would make her act a crime.
MBE Criminal Law #82

A defendant is least likely to be guilty of attempt where her mistaken belief that a crime would be committed inolved a mistake about the ...
... criminal law.
MBE Criminal Law #83

The elements of the crime of solicitation are ...
(1) requesting someone to commit an offense

WITH

(2) the intent that they commit that offense.
MBE Criminal Law #84

Abandonment is __ __ to the crime of solicitation.
NO DEFENSE
MBE Criminal Law #85

The elements of the crime of consiracy are ...
(1) entering into an agreement to commit a crime

WITH

(2) intent that the crime be committed.
MBE Criminal Law #86

Modern conspiracy statutes often require an __ __ in furtherance by one member in the group.
OVERT ACT
MBE Criminal Law #87

The possible defense to the crime of conspiracy is __ __ __ __, but __ and __ are not defenses.
The possible defense to the crime of conspiracy is NO MEETING OF MINDS, but WITHDRAWAL and IMPOSSIBILITY are not defenses.
MBE Criminal Law #88

The co-conspirator rule provides that ...
... all members of a criminal conspiracy are guilty of crimes committed by other members of that conspiracy if those crimes are both

(1) committed in furtherance of the scheme;

and

(2) are a foreseeable result of the scheme.
MBE Criminal Law #89

Withdrawal is a defense to the __ __ but not to __.
Withdrawal is a defense to the CO-CONSPIRATOR RULE but not to CONSPIRACY.
MBE Criminal Law #90

For a withdrawal to be a defense to __ __ __, it must be ...
THE CO-CONSPIRACY RULE ...

(1) communicated to all other conspirators

BEFORE

(2) the crime is committed
MBE Criminal Law #91

If all other alleged co-conspirators have been acquitted or its equivalent, the lone remaining conspirator must be __ because ...
ACQUITTED because there could not have been a meeting of guilty minds.
MBE Criminal Law #92

Equivalents of acquittal are ...
(1) not guilty by reason of insanity;

(2) person did not intend to go through w/ the crime (i.e. they had "secret reservations").
MBE Criminal Law #93

Defenses to crimes are ...
(1) ignorance or mistake of fact;

(2) no criminal intent;

(3) ignorance of mistake or law;

(4) insanity;

(5) unconsciousness;

(6) intoxication;

(7) entrapment;

(8) necessity or "choice of lesser evils";

(9) Duress or coercion;

(10) Self-defense;
MBE Criminal Law #94

Ignorance or mistake of fact will affect criminal liability only if ...
(1) it shows defendant lacked necessary intent;

and

(2) was objectively reasonable.
MBE Criminal Law #95

If mistake of fact shows absence of a necessary "__" intent, then the mistake need not be __.
If mistake of fact shows absence of a necessary "SPECIFIC" intent, then the mistake need not be REASONABLE.
MBE Criminal Law #96

The specific intents and their crimes are ...
(1) the specific intent to permanently deprive or defraud in property crimes (e.g. larceny);

(2) the specific intent to commit the underlying felony in burglary;

(3) the specific intent to complete the target offense in an attempt;

(4) the specific int
MBE Criminal Law #97

Major crimes that are not specific intent crimes are ...
(1) arson

and

(2) rape
MBE Criminal Law #98

Under modern statutes, mistake of fact requires acquittal when ...
... it shows the lack of the necessary mental state for the crime.
MBE Criminal Law #99

A larceny prosectuion where D took property mistakenly believing it belonged to her ...
... fails because of mistake of fact (the defendant lacked intent to deprive another of that person's property).
MBE Criminal Law #100

Crimes usually require mens rea, meaning the D must have been aware of the __ constituting the crime, but D may be ignorant of __ __.
Crimes usually require mens rea, meaning the D must have been aware of the FACTS constituting the crime, but D may be ignorant of THE LAW.
MBE Criminal Law #101

Strict liability crimes do not require __ __ __ constituting the crime; common examples include ...
AWARNESS OF FACTS ...

(1) statutory rape (knowledge of victim's age irrelevant);

(2) bigamy---marying another while having a living spouse (awareness that spouse is still alive at 2d marriage irrelevant);

(3) regulatory crimes---low penalty crimes for
MBE Criminal Law #102

The modern statutory mens rea definitions are ...
(1) PURPOSE, meaning a conscious desire;

(2) KNOWLEDGE, meaning awareness of a practical certainty;

(3) RECKLESSNESS, meaning awareness of a substantial risk;

(4) NEGLIGENCE, meaning a reasonable person would have been aware of a substantial risk.
MBE Criminal Law #103

The general rule of modern statutory construction for mens rea is ...
... unlise otherwise provided by statute, the default mens rea of RECKLESSNES is required for all physical elements of the offense.
MBE Criminal Law #104

According to the doctrine of transferred intent, ...
if D intends to injure one person and accidentally inflicts a SIMILAR INURY to A DIFFERENT PERSON, D will be treated as if she actually intended to injur the person actually harmed as actually injured.
MBE Criminal Law #105

Generally, ignorance that criminal law regards one's conduct a crime is __ __ unless ...
NO DEFENSE unless EITHER

(1) the explicit mens rea of the crime requires knowledge that a law is being violated;

OR

(2) the defendant had an AFFIRMATIVE MISTAKEN BELIEF that conduct was not prohibited, that belief was OBJECTIVELY REASONABLE; and the de
MBE Criminal Law #106

A mens rea of willfullness requires knowledge that the conduct ...
... violates the law.
MBE Criminal Law #107

Per the formal M'Naghten Rule, a defendant is entitled to acquital for insanity only if ...
... the facts show that at the TIME OF THE CRIME

(1) he had a serious mental ILLNESS or DEFECT

(2) that IMPAIRED his REASONING abilities

(3) so that he either (a) didn't understand the NATURE OF THE CRIME or (b) didn't understand his ACT WAS WRONG.
MBE Criminal Law #108

A general approach to the M'Naghten rule provides that a defendant is entitled to acquital ONLY if ...
... the defendant was legally entitled to act as he did (e.g. valid justification) if the situation was as he percieved it in his own crazy mind.
MBE Criminal Law #109

Per the M'Naghten rule, proof of a defendant's inability to control his conduct ...
... is irrelevant for the insanity defense.
MBE Criminal Law #110

Per the Modern Penal Code or the irresistible impulse approach to insanity, inability to control ..
... may be a defense.
MBE Criminal Law #111

Generally, criminal liability must be based upon a "__" act of the defendant.
VOLUNTARY
MBE Criminal Law #112

If a defendant was unconscious when commiting the acts described by a crime, she cannot be __ __ because ...
CRIMINALLY LIABLE because an unconscious act (e.g. sleepwalking) cannot be a voluntary act.
MBE Criminal Law #113

The two types of intoxication defenses are ...
(1) voluntary intoxication;

and

(2) involuntary intoxication.
MBE Criminal Law #114

Involuntary intoxication occurs if ...
EITHER

(1) D did not know the substance was intoxicating

OR

(2) D consumed the substance under extreme duress (not peer pressure).
MBE Criminal Law #115

If a defendant proves involuntary intoxication, then ...
... the defendant's mental state will be treated as a mental defect and the insanity test will be applied.
MBE Criminal Law #116

Voluntary intoxication occurs ...
... most weekends.
MBE Criminal Law #117

If a defendant will be acquitted for voluntary intoxication ONLY IF ...
(1) the charged crime requires specific intent;

and

(2) the intoxication shows D lacked that intent.
MBE Criminal Law #118

In homicide cases, the defense of intoxication can __ __, but cannot __ __ __ by ...
In homicide cases, the defense of intoxication can DISPROVE PREDMEDITATION, but cannot REDUCE MURDER TO MANSLAUGHTER by showing not malice aforethought.
MBE Criminal Law #119

Per the minority approach to voluntary intoxication defenses (followed by TX), ...
... voluntary intoxication is IRRELEVANT to criminal liability (upheld by US Supreme Court).
MBE Criminal Law #120

Per modern statues, there is no voluntary intoxication defense if ...
... RECKLESSNESS is sufficient for liability.
MBE Criminal Law #121

Per the majority approach to the entrapment defense (called the "__" approach), ...
SUBJECTIVE ...

entrapment only occurs if

(1) D wasn't predisposed to commit crimes of the sort charged;

and

(2) the officers put the intent to commit the offense in D's mind.
MBE Criminal Law #122

Per the minority approach to the entrapment defense (called the "__" approach), ...
OBJECTIVE ...

entrapment only occurs if POLICE ACTIVITY would case a REASONABLE AND UNDISPOSED PERSON to FORM INTENT necessary to commit the crime.
MBE Criminal Law #123

The defence of necessity or choice of evils requires that ...
(1) D believed committing the crime would PREVENT IMMINENTLY THREATENED HARM;

(2) D believed this threatened harm would be GREATER than harm caused by committing the crime;

and

(3) BOTH of these beliefs are OBJECTIVELY REASONABLE.
MBE Criminal Law #124

Necessity is never a defense when ...
EITHER

(1) D wrongfully created the situation making the choice necessary;

and

(2) D killed another to avoid his own death.
MBE Criminal Law #125

A defendant charged with escape is likely to have defense of necessity only if D attempted to __ to authorities as soon as the __ __ was over.
A defendant charged with escape is likely to have defense of necessity only if D attempted to SURRENDER to authorities as soon as the IMMEDIATE THREAT was over.
MBE Criminal Law #126

The defence of duress or coercion requires that ...
(1) D was compelled to commit the charged offense by threat of

(2) IMMEDIATE AND PHYSICAL HARM

(3) to HIMSELF OR A THIRD PERSON.
MBE Criminal Law #127

Duress or coercion is never a defense when ...
... the charged crime is an intentional killing.
MBE Criminal Law #128

The defense of self-defense requires that ...
(1) D believed he was in imminent danger of being illegally harmed by another;

(2) D believed the force he used was neceessary to ward off that harm;

and

(3) both of these beliefs were OBJECTIVELY REASONABLE.
MBE Criminal Law #129

The defense of self-defense by deadly force requires that ...
(1) D believed she was threatened with IMMINENT DEATH or SERIOUS BODILY INJURY;

and

(2) deadly force was NECESSARY to prevent that harm.
MBE Criminal Law #130

Per the minority approach to the defense of self-defense by deadly force, ...
.... D must take any possible opportunity to retreat to complete safety before employing deadly force, but need not do so in one's own home.
MBE Criminal Law #131

Per the majority approach to the defense of self-defense by deadly force, ...
... opportunity to retreat is merely a factor in considering the reasonableness and necessity of using deadly force.
MBE Criminal Law #132

Per the aggressor rule to the defense of self-defense, an aggressor may only use force in self-defense if ...
... she has EITHER

(1) physically withdrawn from the fight

OR

(2) given notice of her desire to do so.
MBE Criminal Law #133

The imperfect self-defense in homicide cases requires ...
... a D charged with murder who ACTUALLY but UNREASONABLY believed the killing was necessary for self-defense is not entitled to acquital, but should be CONVICTED of MANSLAUGHTER rather than murder.
MBE Criminal Law #134

The defense of defense of other persons requires ...
(1) D believed another person was threatened with imminent unlawful physical harm by a third person;

(2) the defendant believed that the force she used was necessary to prevent the harm;

and

(3) these beliefs were objectively reasonable.
MBE Criminal Law #135

The availability of the defense of other persons often turns on ....
... whether it reasonably appeared to D that the person she aided would have been justified in defending herself.
MBE Criminal Law #136

The defense of defense of property requires ...
(1) D had a reasonable belief that force was necessary to prevent unlawful intereference with real or personal property;

(2) D did not use deadly force;

and

(3) D used force only to prevent interference and not to regain the property (except in hot pursuit).