Criminal Law MBE – Emanuel – 2026 – Study Guide and
Practice Questions
An executive of an accounting firm was fired and told to immediately leave the building where
she worked. The executive went home, but she returned that night to retrieve personal items
from her office. When she discovered that her key no longer opened a door to the building, she
forced the door open and went to her former office. To avoid attracting attention, she did not
turn on any lights. In the dark, she knew that she was taking some items that were not hers; she
planned to sort these out later and return them.
Upon arriving home, she found that she had taken a record book and some financial papers
that belonged to the firm. After thinking it over and becoming angrier over being fired, she
burned the book and papers in her fireplace.
The jurisdiction has expanded the crime of burglary to include all buildings.
What crime(s) has the executive committed?
(A) Burglary and larceny.
(B) Burglary, but not larceny. - ANS✔✔ (C) Larceny, but not burglary.
A woman and her sister took a trip to the Caribbean. When they passed through U.S. Customs
inspection upon their return, the customs officials found liquid cocaine in several bottles each of
them was carrying. They were arrested. Upon separate questioning by customs officers, the
woman broke down and cried, "I told my sister there were too many officers at this airport."
The sister did not give a statement.
The woman and her sister were indicted for conspiracy to import cocaine. They were tried
separately. At the woman's trial, after the government introduced the above evidence and
rested its case, her lawyer moved for a judgment of acquittal on grounds of insufficient
evidence.
Should the court grant the motion?
,(A) No, because the evidence shows that both the woman and her sister agreed to import
cocaine.
(B) No, because the evidence shows that both the woman and her sister possessed cocaine.
(C) Yes, because th - ANS✔✔ (A) No, because the evidence shows that both the woman and her
sister agreed to import cocaine.
A man and his friend were watching a televised football game at the man's home. Upset by a
penalty called by the referee, the friend threw a bottle of beer at the man's television, breaking
the screen. Enraged, the man picked up a nearby hammer and hit the friend on the head with it.
The friend died from the blow.
The crimes below are listed in descending order of seriousness.
In a jurisdiction that follows common law principles, what is the most serious crime of which
the man could properly be convicted?
(A) Murder.
(B) Voluntary manslaughter.
(C) Involuntary manslaughter.
(D) Assault. - ANS✔✔ (A) Murder.
A man had spent the evening drinking at a local bar and was weaving down the street on his
way home, singing. Suddenly, a person wearing a cartoon character mask jumped out from an
alley, pointed his gun at the man, and snarled, "This is loaded, buddy, and I don't mind using it.
Hand over your cash pronto." The man was so drunk that he failed to understand what was
going on and started to howl with laughter at the sight of the cartoon mask. Surprised and
rattled by the man's reaction, the masked gunman fled. The man soon recovered his composure
and staggered home safely.
The crimes below are listed in descending order of seriousness.
, What is the most serious crime of which the masked gunman may properly be charged and
convicted?
(A) Attempted robbery.
(B) Attempted battery.
(C) Attempted larceny.
(D) No crime. - ANS✔✔ (A) Attempted robbery.
A defendant was charged with battery, defined as at common law. At trial, an expert witness
testified for the defense that the defendant, an athlete, was under the influence of a
performance-enhancing drug at the time he committed the battery and that he would not have
done so had he not been so influenced. The defendant asked for an instruction to the effect that
if the jury believed that he was influenced by the drug at the time of the crime and would not
have committed it otherwise, it had to acquit him.
Which of the following circumstances would most aid the defendant's argument in favor of such
an instruction?
(A) Evidence that the defendant is addicted to this drug and has an overwhelming urge to
consume it.
(B) Evidence that the defendant's coach, who gave him the drug, told him it was only an aspirin.
(C) Evidence that the victim of the assault taunted the defendant about his use of the drug
immediately bef - ANS✔✔ (B) Evidence that the defendant's coach, who gave him the drug, told
him it was only an aspirin.
A common law jurisdiction defines first-degree murder as any murder that is (1) committed by
means of poison or (2) premeditated. All other murder is second-degree murder, and
manslaughter is defined as at common law.
Practice Questions
An executive of an accounting firm was fired and told to immediately leave the building where
she worked. The executive went home, but she returned that night to retrieve personal items
from her office. When she discovered that her key no longer opened a door to the building, she
forced the door open and went to her former office. To avoid attracting attention, she did not
turn on any lights. In the dark, she knew that she was taking some items that were not hers; she
planned to sort these out later and return them.
Upon arriving home, she found that she had taken a record book and some financial papers
that belonged to the firm. After thinking it over and becoming angrier over being fired, she
burned the book and papers in her fireplace.
The jurisdiction has expanded the crime of burglary to include all buildings.
What crime(s) has the executive committed?
(A) Burglary and larceny.
(B) Burglary, but not larceny. - ANS✔✔ (C) Larceny, but not burglary.
A woman and her sister took a trip to the Caribbean. When they passed through U.S. Customs
inspection upon their return, the customs officials found liquid cocaine in several bottles each of
them was carrying. They were arrested. Upon separate questioning by customs officers, the
woman broke down and cried, "I told my sister there were too many officers at this airport."
The sister did not give a statement.
The woman and her sister were indicted for conspiracy to import cocaine. They were tried
separately. At the woman's trial, after the government introduced the above evidence and
rested its case, her lawyer moved for a judgment of acquittal on grounds of insufficient
evidence.
Should the court grant the motion?
,(A) No, because the evidence shows that both the woman and her sister agreed to import
cocaine.
(B) No, because the evidence shows that both the woman and her sister possessed cocaine.
(C) Yes, because th - ANS✔✔ (A) No, because the evidence shows that both the woman and her
sister agreed to import cocaine.
A man and his friend were watching a televised football game at the man's home. Upset by a
penalty called by the referee, the friend threw a bottle of beer at the man's television, breaking
the screen. Enraged, the man picked up a nearby hammer and hit the friend on the head with it.
The friend died from the blow.
The crimes below are listed in descending order of seriousness.
In a jurisdiction that follows common law principles, what is the most serious crime of which
the man could properly be convicted?
(A) Murder.
(B) Voluntary manslaughter.
(C) Involuntary manslaughter.
(D) Assault. - ANS✔✔ (A) Murder.
A man had spent the evening drinking at a local bar and was weaving down the street on his
way home, singing. Suddenly, a person wearing a cartoon character mask jumped out from an
alley, pointed his gun at the man, and snarled, "This is loaded, buddy, and I don't mind using it.
Hand over your cash pronto." The man was so drunk that he failed to understand what was
going on and started to howl with laughter at the sight of the cartoon mask. Surprised and
rattled by the man's reaction, the masked gunman fled. The man soon recovered his composure
and staggered home safely.
The crimes below are listed in descending order of seriousness.
, What is the most serious crime of which the masked gunman may properly be charged and
convicted?
(A) Attempted robbery.
(B) Attempted battery.
(C) Attempted larceny.
(D) No crime. - ANS✔✔ (A) Attempted robbery.
A defendant was charged with battery, defined as at common law. At trial, an expert witness
testified for the defense that the defendant, an athlete, was under the influence of a
performance-enhancing drug at the time he committed the battery and that he would not have
done so had he not been so influenced. The defendant asked for an instruction to the effect that
if the jury believed that he was influenced by the drug at the time of the crime and would not
have committed it otherwise, it had to acquit him.
Which of the following circumstances would most aid the defendant's argument in favor of such
an instruction?
(A) Evidence that the defendant is addicted to this drug and has an overwhelming urge to
consume it.
(B) Evidence that the defendant's coach, who gave him the drug, told him it was only an aspirin.
(C) Evidence that the victim of the assault taunted the defendant about his use of the drug
immediately bef - ANS✔✔ (B) Evidence that the defendant's coach, who gave him the drug, told
him it was only an aspirin.
A common law jurisdiction defines first-degree murder as any murder that is (1) committed by
means of poison or (2) premeditated. All other murder is second-degree murder, and
manslaughter is defined as at common law.
