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13 Cards in this Set

  • Front
  • Back
At common law how was breaking element met for burglary
had to actual make a breaking so if door left open no breaking
what was required for brining for arson at common law
burning of house not contents or not arson
what is the difference between low level employee and high leveled one stealing
Larceny and embezzlement
3 types of murders if no INTENT TO kill
1. F-M 2. Involuntary murder, or 2nd degree murder
What is imperfect murder defense
Reduces to voluntary manslaughter if unreasonably uses self defense to kill but acts in good faith
When necessity will work for homicide of another
If other person was going to die anyway or if both are going to die then ok to save 1 life
Difference between common law and modern law re arson
need actual burning of house and not discoloration and at common law must be of dwelling of another
Difference between murder and involuntary murder
Extrememly high reckless vs. just recklessness
Is it larceny if take and destroy?
YES
Is it larceny if steal ilegal drugs?
YES
If solicitation goes to unintended person is defendant guilty of solicitation
NO
test for provocation
reasonable
UNDER MPC what will they take into account to determine if mitigation
general circumstances like piano player but no specific idiosynchricies