Practice Material
PROFESSOR LISA TUCKER DREXEL UNIVERSITY SCHOOL OF LAW - ANS✔✔
CHAPTER 1: INTRODUCTION - ANS✔✔
• Unless they tell you otherwise, you are dealing with the
_________________________________ definition of crimes - ANS✔✔
• Memorize the elements of every crime - ANS✔✔
• Most testable areas: - ANS✔✔
o Murder and manslaughter o Property crimes - ANS✔✔
Burglary, larceny, robbery - ANS✔✔
o Inchoate crimes - ANS✔✔
Attempt, conspiracy, and solicitation - ANS✔✔
Question 1 | 6677 | MBE CRIMINAL LAW | GENERAL PRINCIPLES | Mens Rea- State of Mind -
ANS✔✔
,By federal statute, it is unlawful to knowingly possess any endangered species of fish or wildlife.
Any person who violates this statute is guilty of a misdemeanor and is subject to a fine of not
more than $50,000 or imprisonment of not more than six months, or both. Congress indicated
that the statute should be applied as broadly as possible in order to accord the endangered
species maximum protection. - ANS✔✔
Which of the following is likely the minimum that the prosecution must establish in order to
obtain a conviction of a defendant found in the possession of an endangered bird? - ANS✔✔
(A) The defendant knew that the bird in her possession was a member of an endangered
species. - ANS✔✔
(B) The defendant knew that there was a federal statute that made possession of the bird a
crime. - ANS✔✔
(C) The defendant knowingly possessed the bird. - ANS✔✔
(D) The defendant possessed the bird. - ANS✔✔
______________________________________________________________________________
_______________
______________________________________________________________________________
_______________
______________________________________________________________________________
_______________
______________________________________________________________________________
_______________
______________________________________________________________________________
_______________
______________________________________________________________________________
_______________
______________________________________________________________________________
, _______________
______________________________________________________________________________
_______________
______________________________________________________________________________
_______________
______________________________________________________________________________
______ - ANS✔✔
2 | © 2017 Themis Bar Review, LLC | MBE Workshop: Criminal Law - ANS✔✔
Question 2 | 3072 | MBE CRIMINAL LAW | GENERAL PRINCIPLES | Mens Rea- State of Mind -
ANS✔✔
The mother of a 16-year-old girl found out that the girl and one of her teachers were selling the
girl's prescription sedatives to other students. The mother confronted the teacher, and told him
that she was reporting him to the school authorities and the police. To prevent her from doing
so, the teacher pulled out a gun and shot at the mother, but missed the mother and instead hit
the girl, who had just entered the room. The teacher then ran away from the scene of the
shooting. Crying out in pain, the girl begged the mother to call for help. The mother, angry at
the girl for her actions, told her "[t]hat's what you get for being a criminal." The mother delayed
summoning medical assistance. The girl died shortly thereafter, but would have lived had
medical assistance been timely provided. - ANS✔✔
Can the police properly charge the teacher with the murder of the girl? - ANS✔✔
(A) No, because the girl's death was caused by the mother's delay in calling for medical
assistance. - ANS✔✔
(B) No, because the teacher did not intend to kill the girl when he shot the gun. - ANS✔✔
(C) Yes, under the felony murder rule. - ANS✔✔