Bar Exam 2024 LATEST UPDATE
First Degree Murder - Answer Deliberate and premeditated murder, or felony murder
Second Degree Murder - Answer Murder with malicious intent, the intent to kill, the
intent to do great bodily injury, or a depraved-heart murder
Common Law Murder - Answer Unlawful killing of a human being with malice
aforethought
Malice Aforethought - Answer Intent to kill, intent to do serious bodily injury, felony
murder, depraved heart murder
Voluntary Manslaughter - Answer Murder committed in the heat of passion
Involuntary Manslaughter - Answer An unintentional homicide committed with criminal
negligence or during an unlawful act
Arson - Answer Malicious burning of the dwelling of another
Burglary - Answer The breaking and entering into the house of another with the intent to
commit a felony therein
False Pretenses - Answer Obtaining title to another's property by false statements of a
past or existing fact with the intent defraud
Larceny by Trick - Answer Obtaining possession of another's personal property by using
false statements of past or existing fact
Robbery - Answer wrongful taking of another's property from his person or presence by
force or threat of injury, with the intent to permanently deprive
False Imprisonment - Answer The unlawful confinement of a person without their
consent
Kidnapping - Answer The unlawful confinement of a person without their consent
coupled with movement or hiding of that person
Co-Conspirator Liability - Answer Each conspirator is liable for co-conspirators' crimes
that are foreseeable and committed in furtherance of the conspiracy
Larceny - Answer taking and carrying away of another's personal property without
consent and with the intent to permanently deprive them of it
, Voluntary Intoxication Defense - Answer a defense to specific intent crimes, intentional
taking of a known intoxicating substance
Conspiracy - Answer An agreement between two or people with intent to enter into that
agreement, commit the target crime, and completion of an overt act in furtherance of
that crime
Extrinsic Evidence to Impeach - Answer extrinsic evidence may not be used to impeach
a witness
Co-Defendant Statements - Answer The Confrontation Clause bars admissions of an
out of court statement by a non-testifying co-defendant if the statement expressly
implicates another defendant
Learned Treatises - Answer Experts can rely on learned treatises on direct exam or can
be impeached by learned treatise on cross exam. If admissible, the statements from the
learned treatise can be read into evidence only.
Business Records Exception - Answer A record of an act or event made in the course of
regularly conducted business is admissible if authenticated by a custodian.
Spousal Immunity Privilege - Answer In a criminal case, a married witness may refuse
to testify against a spouse during marriage.
Marital Communications Privilege - Answer Communication between spouses while
they were married made in reliance on the sanctity of marriage that may be invoked by
either spouse.
Evidence of D's character in criminal cases - Answer the defense may introduce
pertinent good character traits based on reputation or opinion testimony only
D's Prior Bad Acts - Answer In a criminal case, once the D opens the door, the P can
rebut during cross-x with D's prior bad acts or reputation or opinion testimony of D's bad
character
Hearsay exceptions requiring declarant unavailability - Answer former testimony, dying
declarations, statements against interest
Impeachment by prior bad act - Answer a witness may be questioned on cross
examination about any prior misconduct probative of truthfulness
Impeachment by reputation or opinion testimony - Answer a witness may be impeached
by testimony describing reputation or opinion testimony for untruthfulness
Impeachment methods - Answer cripps - contradiction, reputation, interest/bias, prior
inconsistent statement, prior bad act, sensory deficiency
First Degree Murder - Answer Deliberate and premeditated murder, or felony murder
Second Degree Murder - Answer Murder with malicious intent, the intent to kill, the
intent to do great bodily injury, or a depraved-heart murder
Common Law Murder - Answer Unlawful killing of a human being with malice
aforethought
Malice Aforethought - Answer Intent to kill, intent to do serious bodily injury, felony
murder, depraved heart murder
Voluntary Manslaughter - Answer Murder committed in the heat of passion
Involuntary Manslaughter - Answer An unintentional homicide committed with criminal
negligence or during an unlawful act
Arson - Answer Malicious burning of the dwelling of another
Burglary - Answer The breaking and entering into the house of another with the intent to
commit a felony therein
False Pretenses - Answer Obtaining title to another's property by false statements of a
past or existing fact with the intent defraud
Larceny by Trick - Answer Obtaining possession of another's personal property by using
false statements of past or existing fact
Robbery - Answer wrongful taking of another's property from his person or presence by
force or threat of injury, with the intent to permanently deprive
False Imprisonment - Answer The unlawful confinement of a person without their
consent
Kidnapping - Answer The unlawful confinement of a person without their consent
coupled with movement or hiding of that person
Co-Conspirator Liability - Answer Each conspirator is liable for co-conspirators' crimes
that are foreseeable and committed in furtherance of the conspiracy
Larceny - Answer taking and carrying away of another's personal property without
consent and with the intent to permanently deprive them of it
, Voluntary Intoxication Defense - Answer a defense to specific intent crimes, intentional
taking of a known intoxicating substance
Conspiracy - Answer An agreement between two or people with intent to enter into that
agreement, commit the target crime, and completion of an overt act in furtherance of
that crime
Extrinsic Evidence to Impeach - Answer extrinsic evidence may not be used to impeach
a witness
Co-Defendant Statements - Answer The Confrontation Clause bars admissions of an
out of court statement by a non-testifying co-defendant if the statement expressly
implicates another defendant
Learned Treatises - Answer Experts can rely on learned treatises on direct exam or can
be impeached by learned treatise on cross exam. If admissible, the statements from the
learned treatise can be read into evidence only.
Business Records Exception - Answer A record of an act or event made in the course of
regularly conducted business is admissible if authenticated by a custodian.
Spousal Immunity Privilege - Answer In a criminal case, a married witness may refuse
to testify against a spouse during marriage.
Marital Communications Privilege - Answer Communication between spouses while
they were married made in reliance on the sanctity of marriage that may be invoked by
either spouse.
Evidence of D's character in criminal cases - Answer the defense may introduce
pertinent good character traits based on reputation or opinion testimony only
D's Prior Bad Acts - Answer In a criminal case, once the D opens the door, the P can
rebut during cross-x with D's prior bad acts or reputation or opinion testimony of D's bad
character
Hearsay exceptions requiring declarant unavailability - Answer former testimony, dying
declarations, statements against interest
Impeachment by prior bad act - Answer a witness may be questioned on cross
examination about any prior misconduct probative of truthfulness
Impeachment by reputation or opinion testimony - Answer a witness may be impeached
by testimony describing reputation or opinion testimony for untruthfulness
Impeachment methods - Answer cripps - contradiction, reputation, interest/bias, prior
inconsistent statement, prior bad act, sensory deficiency
