UCLA-LAW-140 CRIMINAL LAW COMPREHENSIVE EXAM
GUIDE 2026 Q&A
1. Which of the following best describes the actus reus requirement for
criminal liability?
A. A guilty mind or criminal intent
B. A voluntary physical act or lawful omission
C. The actual harm caused to the victim
D. The defendant's motive for committing the crime
Correct Answer: B
Explanation: Actus reus requires a voluntary physical act or, in
limited circumstances, a lawful omission where a duty exists. Mens
rea (A) refers to mental state, harm (C) is not always required, and
motive (D) is generally irrelevant to liability.
2. In a homicide case, which mens rea level requires the defendant to
consciously disregard a substantial and unjustifiable risk?
A. Purpose
B. Knowledge
C. Recklessness
D. Negligence
Correct Answer: C
Explanation: Recklessness requires conscious disregard of a
substantial and unjustifiable risk. Purpose (A) means conscious
objective, knowledge (B) means awareness of practical certainty,
and negligence (D) involves failure to perceive a risk a reasonable
person would see.
3. Which defense is available when a defendant commits a crime to
prevent a greater harm?
A. Insanity
, B. Intoxication
C. Necessity
D. Duress
Correct Answer: C
Explanation: Necessity justifies criminal conduct when done to
prevent a greater harm. Insanity (A) relates to mental disease,
intoxication (B) may negate mens rea, and duress (D) involves
human threats rather than situational pressures.
4. What is the key distinction between duress and necessity?
A. Duress requires human threat; necessity involves natural
circumstances
B. Duress is a justification; necessity is an excuse
C. Duress applies only to homicide; necessity does not
D. Duress requires imminent death; necessity does not
Correct Answer: A
Explanation: Duress involves coercion by human threats, while
necessity arises from natural circumstances or situational
pressures. Both are excuses (B is wrong), neither applies to homicide
as a general rule (C is wrong), and both typically require imminence
(D is wrong).
5. Which of the following best describes the M'Naghten rule for
insanity?
A. The defendant could not control their actions due to mental
disease
B. The defendant did not know the nature and quality of their act or
that it was wrong
C. The defendant lacked substantial capacity to conform conduct to
law
D. The defendant was intoxicated at the time of the crime
Correct Answer: B
Explanation: M'Naghten focuses on cognitive inability—whether the
defendant knew the nature/quality of the act or knew it was wrong.
, Control inability (A) is the irresistible impulse test, substantial
capacity (C) is the ALI/Model Penal Code test, and intoxication (D)
is separate.
6. What is the general rule regarding voluntary intoxication as a
defense?
A. It is a complete defense to all crimes
B. It may negate specific intent but not general intent
C. It is never a defense
D. It is a defense only for negligence crimes
Correct Answer: B
Explanation: Voluntary intoxication may negate specific intent
(requiring purpose/knowledge) but not general intent crimes. It is
not a complete defense (A), not never available (C), and is generally
not a defense for negligence (D).
7. Which of the following is required for criminal attempt liability?
A. Mere preparation plus specific intent
B. Substantial step toward commission plus specific intent
C. Actual commission of the crime
D. Conspiracy plus overt act
Correct Answer: B
Explanation: Attempt requires a substantial step strongly
corroborative of criminal intent plus specific intent to commit the
target crime. Mere preparation (A) is insufficient, actual
commission (C) completes the crime, and conspiracy (D) is a
separate inchoate crime.
8. Under the Model Penal Code, what is the test for criminal attempt?
A. Last act test
B. Dangerous proximity test
, C. Substantial step test
D. Equivocality test
Correct Answer: C
Explanation: The MPC uses the substantial step test, requiring
conduct strongly corroborative of criminal purpose. Last act (A),
dangerous proximity (B), and equivocality (D) are common law
tests.
9. Which parties are criminally liable for a crime committed by another
under accomplice liability?
A. Only the principal offender
B. Only those who physically committed the act
C. Principals and accomplices who aid, abet, or encourage
D. Only those who planned the crime
Correct Answer: C
Explanation: Accomplice liability extends to principals and those
who aid, abet, encourage, or facilitate the crime. Only the principal
(A) or physical actors (B) is too narrow, and planning alone (D)
without assistance may not suffice.
10. What is required for conspiracy liability?
A. Agreement plus specific intent plus overt act (in most jurisdictions)
B. Mere agreement alone
C. Agreement plus completion of the target crime
D. Specific intent alone
Correct Answer: A
Explanation: Conspiracy requires agreement between two or more
persons, specific intent to achieve the illegal objective, and often an
overt act. Mere agreement (B) is insufficient in many jurisdictions,
completion (C) is not required, and intent alone (D) is insufficient.
GUIDE 2026 Q&A
1. Which of the following best describes the actus reus requirement for
criminal liability?
A. A guilty mind or criminal intent
B. A voluntary physical act or lawful omission
C. The actual harm caused to the victim
D. The defendant's motive for committing the crime
Correct Answer: B
Explanation: Actus reus requires a voluntary physical act or, in
limited circumstances, a lawful omission where a duty exists. Mens
rea (A) refers to mental state, harm (C) is not always required, and
motive (D) is generally irrelevant to liability.
2. In a homicide case, which mens rea level requires the defendant to
consciously disregard a substantial and unjustifiable risk?
A. Purpose
B. Knowledge
C. Recklessness
D. Negligence
Correct Answer: C
Explanation: Recklessness requires conscious disregard of a
substantial and unjustifiable risk. Purpose (A) means conscious
objective, knowledge (B) means awareness of practical certainty,
and negligence (D) involves failure to perceive a risk a reasonable
person would see.
3. Which defense is available when a defendant commits a crime to
prevent a greater harm?
A. Insanity
, B. Intoxication
C. Necessity
D. Duress
Correct Answer: C
Explanation: Necessity justifies criminal conduct when done to
prevent a greater harm. Insanity (A) relates to mental disease,
intoxication (B) may negate mens rea, and duress (D) involves
human threats rather than situational pressures.
4. What is the key distinction between duress and necessity?
A. Duress requires human threat; necessity involves natural
circumstances
B. Duress is a justification; necessity is an excuse
C. Duress applies only to homicide; necessity does not
D. Duress requires imminent death; necessity does not
Correct Answer: A
Explanation: Duress involves coercion by human threats, while
necessity arises from natural circumstances or situational
pressures. Both are excuses (B is wrong), neither applies to homicide
as a general rule (C is wrong), and both typically require imminence
(D is wrong).
5. Which of the following best describes the M'Naghten rule for
insanity?
A. The defendant could not control their actions due to mental
disease
B. The defendant did not know the nature and quality of their act or
that it was wrong
C. The defendant lacked substantial capacity to conform conduct to
law
D. The defendant was intoxicated at the time of the crime
Correct Answer: B
Explanation: M'Naghten focuses on cognitive inability—whether the
defendant knew the nature/quality of the act or knew it was wrong.
, Control inability (A) is the irresistible impulse test, substantial
capacity (C) is the ALI/Model Penal Code test, and intoxication (D)
is separate.
6. What is the general rule regarding voluntary intoxication as a
defense?
A. It is a complete defense to all crimes
B. It may negate specific intent but not general intent
C. It is never a defense
D. It is a defense only for negligence crimes
Correct Answer: B
Explanation: Voluntary intoxication may negate specific intent
(requiring purpose/knowledge) but not general intent crimes. It is
not a complete defense (A), not never available (C), and is generally
not a defense for negligence (D).
7. Which of the following is required for criminal attempt liability?
A. Mere preparation plus specific intent
B. Substantial step toward commission plus specific intent
C. Actual commission of the crime
D. Conspiracy plus overt act
Correct Answer: B
Explanation: Attempt requires a substantial step strongly
corroborative of criminal intent plus specific intent to commit the
target crime. Mere preparation (A) is insufficient, actual
commission (C) completes the crime, and conspiracy (D) is a
separate inchoate crime.
8. Under the Model Penal Code, what is the test for criminal attempt?
A. Last act test
B. Dangerous proximity test
, C. Substantial step test
D. Equivocality test
Correct Answer: C
Explanation: The MPC uses the substantial step test, requiring
conduct strongly corroborative of criminal purpose. Last act (A),
dangerous proximity (B), and equivocality (D) are common law
tests.
9. Which parties are criminally liable for a crime committed by another
under accomplice liability?
A. Only the principal offender
B. Only those who physically committed the act
C. Principals and accomplices who aid, abet, or encourage
D. Only those who planned the crime
Correct Answer: C
Explanation: Accomplice liability extends to principals and those
who aid, abet, encourage, or facilitate the crime. Only the principal
(A) or physical actors (B) is too narrow, and planning alone (D)
without assistance may not suffice.
10. What is required for conspiracy liability?
A. Agreement plus specific intent plus overt act (in most jurisdictions)
B. Mere agreement alone
C. Agreement plus completion of the target crime
D. Specific intent alone
Correct Answer: A
Explanation: Conspiracy requires agreement between two or more
persons, specific intent to achieve the illegal objective, and often an
overt act. Mere agreement (B) is insufficient in many jurisdictions,
completion (C) is not required, and intent alone (D) is insufficient.
