Crim Law Nc Bar Exam

Front 1

What are the two elements for criminal negligence?

Back 1

the defendant's conduct, under the circmstances known to him, must involve an unreasonable high degree of risk of death or seriously body injury

2. the defendant must be aware of the fact his conduct creates this risk

Note: someone hiding and gets stab accidentally does not equal manslaughter

Front 2

What is a Malum in Se Crime?

Back 2

a crime that is wrong in itself, inherently evil.

Front 3

What is an ex post facto law?

Back 3

Ex Post facto laws are unconstitutional they operate retroactively to
1. make criminal act that when done was not criminal

2. aggravate a crime or increase the punishment

3. change the rules of evidence to the detriment of criminal defendant as a class or

4. alter the law of criminal procedure to deprive criminal defendants of substantive right

Front 4

How does solitication/attempt and merger work?

Back 4

solicitation and attempt merged with the completed crime (can't be convicted of both)

Front 5

Does merger apply with conspiracy?

Back 5

Conspiracy does not merge with substantive crime.

Front 6

In NC what is the same or common transaction rule?

Back 6

the prosecutor can charge a defendant with each an every criminal offense he commits even though they may all have occurred in a common transaction.

Front 7

What are the essential elements of crime?

Back 7

1. actus reus - the physical act

2. Mens Rea-the mental state

3. Causation-the result was caused by the defendant

Front 8

When will a person's omission hold them criminally liable ?

Back 8

A person will have a legal duty when:

1. statute

2. contract

3. relationship between the defendant and victim which may be sufficiently close

4. voluntary assumption of duty by the defendant

5. defendant caused the peril

Front 9

What are the specific intent crimes?

Back 9

solitication, attempt, conspiracy, 1st degree murder, assault, larceny and robbery, burglary, false pretense and embezzelment

Front 10

What is malice?

Back 10

reckless conduct, reckless disregard of an obvious or high risk

Front 11

What are the general intent crimes?

Back 11

depraved heart murder, Arson, Rape, Kidnapping, Battery, Involuntary Manslaughter and Indecent exposure

Front 12

What are the parties to a crime?

Back 12

1. principal

2. accessory before the fact

3. accesory after the fact

Front 13

What are the elements of solicitation?

Back 13

the inciting, counseling, advising, inducing, urging another to commit a felony with the (1) specific intent that the person commit the crime. (complete when asked)

Front 14

In NC what is a Conspiracy?

Back 14

An agreement between two or more people; an intent to enter into an agreement and; an intent to achieve the objective of the agreement.

Front 15

What is the Wharton Rule?

Back 15

where two or more people are necessary for the commission of the substantive offense there is no conspiracy, unless more parties are involved (dueling).

Front 16

What is the attempt rule for NC?

Back 16

Proximity attempt requires an act that is dangerously close to success; has to be beyond mere preparation.

Front 17

What is the M'Naghten Test.

Back 17

A defendant is entitled to to an aquittal if the proof establishes taht
1. a disease of the mind
2. caused a defect of reason
3. such that the defendant lacked the ability at the time of his actions to either
(i) know the wrongfulness of his actions or
(ii) understand the nature and quality of his actions or

Front 18

What is the burden of insanity for NC?

Back 18

Defendant bears the burden of proof and must prove insanity "to the satisfaction of the jury."

Front 19

When is voluntary intoxication a defense?

Back 19

can be used for specific intent crimes

Front 20

In NC when can 1st degree murder be mitigated to 2nd degree?

Back 20

1st degree murder can be mitigated to 2nd degree murder if rendered the defendant uterly incapable of deliberating and premeditating.

Front 21

When can deadly force be used for self-defense?

Back 21

threat of imminent death or great bodily harm.

Front 22

In NC what is the rule for entrapment?

Back 22

defendant must show that he would not have committed the offense "but for" the misrepresentation.

Note: can't assert the defense if you deny an essential element of the crime charged; However defendant who admits committing the underlying acts, but denies an essential element relating to intent, may still plead entrapment.

Front 23

In NC, what are the elements of selective prosecution?

Back 23

1. he has been singled out while others have not been prosecuted

2. the selectiveness was done in bad faith

Front 24

What is a battery?

Back 24

unlawful application of force to the person of another resulting in either bodily injury or an offensive

Front 25

What is aggravated battery?

Back 25

1. a deadly weapon is used

2. serious bodily injury is caused

3. the victim is a child, woman or police officer

Front 26

What is an assault in NC?

Back 26

1. An attempt to commit a battery or

2. an act done with an intent to frighten

Front 27

In NC, what is an aggravated assault?

Back 27

1. defendant uses deadly weapon

2. assault of a child under 12

3. assault of female by a male at least 18

4. Assault on an officer or employee of the state when that peson is discharging his official duties

5. Assaults a school employee or volunteer accompanying students during school activities

6. assaults a public transit operator when their discharging duties

Front 28

In NC what is an assault with a deadly weapon?

Back 28

any person who assaults a person with a deadly weapon with intent to kill and or inflict serious injury is guilty of the felony of assault with a deadly weapon.

Front 29

What is common law murder?

Back 29

unlawful killing with malice aforethought.

Note: malice aforethought--intent to kill, inflict great bodily injury, reckless indifference or intent to commit a felony.

Front 30

What is voluntary manslaughter?

Back 30

unlawful killing of ahuman being without premeditation or deliberation and withint the intent to kill or inflict serious bodily injury.
1. adequate provocation--

2. imperfect self defense

Front 31

What is involuntary manslaughter in NC?

Back 31

unlawful killing of a human being, unintentionally and without malice, proximately resulting
1. from the commission of an unlawful act (not a felony)

2. from some act done in an unlawful manner

3. from a culpable negligent omission to perform a legal duty

Front 32

What is the felony murder rule?

Back 32

killing committed during the commission of a dangerous felony.

Note: include burglary, arson, rape, robbery and kidnapping.

Note: killing of a co-felon by victims of felonies or police officer--defendant is not liable for the death of a co-felon who is killed by the victim or police.

Front 33

In NC, what is kidnapping?

Back 33

any person who unlawfully confines restrains or removes from one place to another any person 16 or older without that person's consent or any person under 16 without the consent of their guardian is guilf if their conduct is for the purpose of:
1. holding the person for ransom or using them as a shield

2. facilitating the commission of any felony or flight of any person following the commission of a felony

3. doing serious bodily harm or terrorizing the person or

4. holding such other person in involuntary servitude.

Front 34

In NC, what is stalking?

Back 34

a peson willfully and on more than one occassion, without legal purpose, follows or otherwise harasses the victim, with the intent to

1. place the victim in reasonable fear for her or her family's or friends safety or

2. cause the victim to suffer substantial emotional distress by placing the person in fear of death, bodily injury, or continued harassment.

Front 35

In NC, what is 1st degree rape?

Back 35

vaginal intercourse
1. with another by force and against the will of the other person and

2. inflicts serious injury ont the victim or someone else or

3. is aided and abetted by someone.

Front 36

In NC, what is 2nd degree rape?

Back 36

vaginal intercouse with another person

1. by force and against their will or

2. who is mentally disabled, incapacitated, or helpless and the defendant knows or should know

Front 37

In NC, what is first degree statutory rape?

Back 37

vaginal intercouse with a child under the age of 13 by a defendant who is age 12 or older and 4 or more years older than the victim

Front 38

When is a person guilty of bigamy?

Back 38

1. he marries someone while having another living spouse

2. he counsels aids or abets one entering a bigamous marriage or

3. he is married when he contracts a marriage outside of the state then cohabits with the other person in NC

Front 39

What are the exceptions to bigamy?

Back 39

1. his spouse has been absent for the last 7 years and he didn't know she was alive

2. he was lawfully divorced or

3. his last marriage was declared void

Front 40

What is larceny?

Back 40

the tresspatory taking and carrying away of the personal property of another with intent to steal or permanently deprive.

1. only can be committed by taking personal property

Front 41

What is robbery in NC?

Back 41

1. the taking or attempted taking

2. of the personal property of another

3. from the other's person or presence

4. by force or threat of imminent force

5. with intent to steal or permanently deprive

Front 42

In NC, what is embezzlement?

Back 42

he's the agent of the person or corporation by the terms of his employment charged with receiving the money or property of his principal

2. he did in fact receive property or money

3. he received it in the course of his employment or fiduciary capacity and

4. that he, knowing it wa not his own, converted it to his own use or to his own use or to the use of some 3rd person, not the true owner

Front 43

In NC what is false pretenses?

Back 43

1.a false repersentation of a fact

2. made with the intent to deceive

3. which does deceive and

4. by which the perpetrator obtains or attempts to obtain value

Front 44

What are the elements of forgery?

Back 44

1. making or altering

2. an instrument that may be the subject of forgery and is false

3. with intent to defraud

Front 45

In NC, what is burglary?

Back 45

1. breaking and enry

2. dwelling

3. nightime

4. intent

Note: 1st degree burglary dwelling hours or room used as a sleeping apartment in any building and the place is occupied at the time the crime is committed

Note: 2nd degree burglary the place is not occupied

Front 46

What is arson?

Back 46

1. the malicious

2. burning

3. dwelling

Front 47

Can a person who has been acquitted of murder be charged with felony murder?

Back 47

Yes, Even if a person has been acquitted of the crime of murder. That person can still be charged with felony-murder. Felony murder is a distinct and separate crime from murder.

Front 48

Define a principal in the second degree?

Back 48

in second degree, one must be present at the commission of a criminal offense and aid, counsel, command, or encourage the principal in the first degree in the commission of that offense

Front 49

What is depraved heart murder?

Back 49

depraved heart murder which is defined as “extremely negligent conduct which creates not only an unjustifiable but also a very high degree of death or serious bodily (though unaccompanied by any intent to kill) and which actually causes the death of another

Front 50

How can a person be found guilty for larceny for mislaid property?

Back 50

In order for the finder of lost or mislaid property to be guilty of larceny, two requirements must be satisfied. The finder must at the time of the finding,

(1) intend to steal it and

(2) either know who the owner is or have reason to believe (from earmarkings on the property or from the circumstances of the finding) that he can find out the owner’s identity.

Front 51

What is accomplice liability in NC?

Back 51

NC: has abolished the common law distinction between an accessory before the fact and a principal

(a)In general, a person who would be guilty as an accessory before the fact is guilty and punishable as a principal

(b)NC retains the accessory after the fact classification (same definition as CL)

Front 52

What is blackmail in NC?

Back 52

1.a written demand made with menace and w/out a reasonable cause for any chattel or money or

2.an oral or written accusation or threat to accuse a person of a crime punishable by death or by incarceration in the state’s prison system in order to gain a chattel, money, or valuable security. It is a misdemeanor

Front 53

What is Uttering in NC?

Back 53

consists of offering as genuine an instrument that may be the subject of forgery and is false with intent to defraud.

Front 54

What is transferred intent?

Back 54

the defendant can be liable under the doctrine of transferred intent where she intends the harm is actually caused, but to a different victim or object.

Front 55

Who is a principal in the first degree?

Back 55

person who actually engaged in the act or omission that constitutes the offense

Front 56

Who is principal in the second degree?

Back 56

person who aided, commanded or encouraged the principal was present at the crime

Front 57

What is an accessory after the fact?

Back 57

person who, with knowledge that the other committed a felony assisted him to escape.