5. Assume you are in a jurisdiction that follows the common law rule we have studied regarding attempts. Dave is charged with attempted murder of Vera, his ex-girlfriend. Evidence shows that Dave shot Vera at close range while they were arguing. At trial, Dave admits to pointing the gun at Vera and pulling the trigger, but he testifies that he believed the gun he was brandishing at Vera was unloaded and that no bullet would discharge when he fired it. Assume the jury believes D about this fact. On the charge of attempted murder, which statement best reflects the legal significance that Dave believed that the gun was unloaded? Dave's mistaken belief would result in:

A. Conviction (i.e. he would be guilty) because he acted with a conscious disregard of a substantial and unjustifiable risk to human life by failing to check the gun to see if it was loaded. B. Conviction (i.e. he would be guilty) because although Dave's mistake of fact was honest, it was not reasonable. C. Acquittal (i.e. he would not be guilty) because Dave did not act with a conscious disregard of a substantial and unjustifiable risk because he did not know the gun was loaded. D. Acquittal (i.e. he would not be guilty) because the mens rea for attempted murder cannot be established due to Dave's honest mistaken belief.

6. Terry is a babysitter who was taking care of two children while their parents were at work. The children decided to go swimming in their backyard swimming pool. Terry didn't know they had decided to go swimming because she was scrolling through TikTok videos on her phone and was distracted. The children drifted over to the deep end of the pool, where they could not stand. They started to yell "Terry! Terry!" Terry heard them but didn't think there was a problem- she thought they were just playing around in their yard. Terry didn't do anything to help them. The children ended up drowning in the pool. Terry is charged with the crime of involuntary manslaughter. What would be her strongest defense?

A. Terry cannot be convicted of involuntary manslaughter because the actus reus requirement of the crime cannot be satisfied since she did not kill the children. B. Terry cannot be convicted of involuntary manslaughter because an ordinary reasonable person would not have realized that the children screaming her name demonstrated a substantial and unjustifiable risk that they could die. C. Terry cannot be convicted of involuntary manslaughter because malice cannot be established in this case. D. Terry cannot be convicted of involuntary manslaughter because she did not have a duty to act.

8. Delia was an accountant who managed her client's personal finances. She realized she was not charging enough for her work, so she informed her client that she would be increasing her fees. The client refused to pay the higher rate that Delia had decided to charge. Delia felt that this was unfair, but she decided to continue to work for this client.She became more and more resentful about this client's refusal to pay her the higher rate, especially because she could see that this client was earning over one million dollars per month. Delia decided to take things into her own hands, and she started to transfer $500 from the client's account into her own personal account each month. Assume you are in a jurisdiction that follows the common law of theft crimes. Which statement is most accurate? When Delia transferred the money to her account, she committed the crime of:

A. Embezzlement B. Larceny C. Larceny by trick D. Obtaining property by false pretenses

10. Vic and Dan, who are partners, get into an argument in their home. After Dan beats Vic, Vic runs out of the house to protect himself. He keeps running until he reaches his sister's house. He tells his sister what has happened. She makes him a cup of tea and encourages him to stay over at her house and to get a good night's sleep. That night, Vic's sister's house burns down, and both Vic and his sister are killed. Is Vic's partner Dan the proximate cause of Vic's death? Please select the most accurate answer choice below.

A. Yes, Dan is the proximate cause of Vic's death because but for Dan beating him, Vic would not have left his home and would not have been at his sister's house. B. No, Dan is not the proximate cause of Vic's death because Vic had reached a place of apparent safety when he arrived at his sister's house, and the causal chain linking back to Dan was broken. C. Yes, Dan is the proximate cause of Vic's death because the fire was an intervening act that was responsive to or dependent on the partner's actions, and it does not matter whether it was a highly unusual occurrence. D. No, Dan is not the proximate cause of Vic's death because there is no evidence that Dan knew that Vic had fled to his sister's house.

13. Assume you are in a jurisdiction where statutory rape is defined as a strict liability offense. Ron, who is twenty years old, meets Lisa, who is seventeen years old, through social media. Lisa had been able to modify her account so that it looked like she was eighteen years old, and she told Ron she was eighteen. They started dating and engaged in sexual intercourse. Lisa's family found out and was quite upset as they strongly believed that sex before marriage was a sin. Lisa's family demanded that Ron be prosecuted for statutory rape under the state's statute, which read: "An individual who engages in sexual intercourse with a minor who is under the age of eighteen is guilty of statutory rape." At trial, Ron's attorney argues that Ron made an honest and reasonable mistake that Lisa was in fact eighteen years old, and was therefore not a minor. What is the most likely outcome of this case?

A. Ron will likely be found not guilty of statutory rape because his mistake was honest and reasonable based on the fact that Lisa told him she was eighteen and had modified her social media profile to appear that she was eighteen years old. B. Ron will likely be found not guilty because the prosecution will not be able to prove the case beyond a reasonable doubt. C. Ron will likely be convicted of statutory rape because the prosecution will be able to prove the case beyond a reasonable doubt. D. Ron will likely be found not guilty because his mistake was honest and it does not need to be reasonable because this is a specific intent crime.

14. A carpenter was using a nail gun in the construction of a small outdoor deck on a house. The carpenter knew that the nail gun could fire a nail with sufficient force to kill a human being at close range. Aware of the presence of three other carpenters on the other side of the nearly finished deck, one of whom the carpenter disliked, the carpenter fired the nail gun twice at a table located between himself and the other three carpenters. The first nail from the gun struck the table but the second nail, ricocheting off the table, struck and killed the disliked carpenter. At trial, a jury, based on this evidence, found the carpenter guilty of murder. If the carpenter appeals his conviction on the grounds that the evidence was not sufficient to support his conviction, how should the appellate court rule?

A. Affirm the conviction, because the evidence is sufficient to establish that the carpenter acted with criminal negligence. B. Affirm the conviction, because the evidence is sufficient to establish that the carpenter acted with malice. C. Overturn the conviction and remand for a new trial, because the evidence is not sufficient for murder but can support an involuntary manslaughter conviction. D. Overturn the conviction and remand for a new trial, because the evidence is not sufficient for murder but can support a voluntary manslaughter conviction.

15. A car was parked in front of a man's house for a week without being moved. The man honestly but unreasonably believed that the car had been abandoned. He found a spare key attached to the underside of the car and, using that key, drove the car into his driveway, intending to make it his own. Several days later, the car's owner returned. Seeing his car in the man's driveway, the owner notified the police. The man was charged with larceny. Taking abandoned property is not a crime under the laws of the jurisdiction. Should the man be convicted of larceny?

A. No, because taking abandoned property is not a crime. B. No, because the man's mistake was honestly made. C. Yes, because an honest mistake of law does not negate the man's mens rea. D. Yes, because the man's mistake was unreasonable.

16. A homeowner was selling illegal drugs out of his house, which was located in a well-heeled suburban neighborhood. A customer, knowing that the homeowner likely had a large amount of cash from selling drugs, knocked on the homeowner's door. When the homeowner opened the door upon recognizing the customer, the customer pulled out a toy pistol that looked like a real gun and demanded money. The customer followed the homeowner inside and over to a table in the entryway with a drawer in which the homeowner told the customer there was money. The homeowner instead pulled a gun out of the drawer and shot and killed the customer. The homeowner is arrested and charged with murder. The jurisdiction does not follow the "duty to retreat doctrine." Should the homeowner be convicted of the customer's murder?

A. No, because it was reasonable for the homeowner to believe that his life was at risk. B. No, because he honestly believed that his life was at risk. C. Yes, because the customer was not armed with a deadly weapon. D. Yes, because the homeowner was committing a crime by selling the drugs and therefore was not privileged to use self-defense.

17. A man placed an advertisement on an internet website offering to sell a rare coin in return for $50,000. A woman responded to the advertisement, met the man, inspected the coin, and offered to buy it. The man told her that others had expressed an interest in the coin, but that she could have it if she paid a $15,000 cash deposit within one day, with the balance paid by the end of the week. The woman came back the next day and gave the $15,000 to the man, who promised to give her the coin later that week in return for the balance of the purchase price. The man took the $15,000 and promptly flew out of state with the coin, which he never intended to sell in the first place. With which of the following crimes can the man properly be charged?

A. Larceny by trick B. Embezzlement C. False pretenses D. None of the above

20. The owner of a new car ridiculed his neighbor who owned an older car that had a lot of mechanical problems. One night, the neighbor, aware that the owner's spouse was out-of-town for the week and that her car was available for the owner to use, took the new car from the owner's driveway when the owner had gone to sleep and hid the car in the neighbor's garage. The neighbor intended to return the car when the owner's spouse returned. The next morning, the owner, suspecting his neighbor took the new car, called the police, who found the new car in the neighbor's garage. Can the neighbor properly be convicted of larceny?

A. No, because the neighbor intended to return the new car. B. No, because the neighbor did not take the new car from the owner's driveway in the owner's presence. C. Yes, because the neighbor removed the new car from the owner's driveway without the owner's permission. D. Yes, because the neighbor acted intentionally, even though the owner did not suffer harm from the loss of his car.

22. A husband learned that his wife was having an affair with her boss. The husband was enraged, and offered his brother $50.000 to murder the boss; the brother agreed. The next week, after the husband had given the brother $25,000 as a down payment on the crime, the brother approached the boss in the office parking lot and shot him in the chest.The boss was found shortly thereafter by a colleague, and he was rushed to the hospital but died on the operating table. The husband and his brother were later charged in connection with the boss's death The husband is most likely to be convicted of which of the following common-law crimes?

A. Murder, conspiracy to commit murder, and solicitation. B. Murder and conspiracy to commit murder only. C. Murder only. D. Solicitation only.

23. A woman discovered that her boyfriend was cheating on her. She approached the bartender at her local bar. She had heard the bartender was a member of a biker gang, and offered him $500 to beat up her boyfriend. The bartender agreed immediately. The bartender was actually an undercover officer, however, and he did not intend to beat up the boyfriend. The woman was arrested the next day and charged with solicitation and conspiracy. The jurisdiction recognizes the common law regarding these crimes. Are the charges against the woman proper?

A. Yes as to solicitation and conspiracy. B. Yes as to solicitation, but no as to conspiracy. C. Yes as to conspiracy, but no as to solicitation. D. No as to all charges.

25. A man overheard his co-worker make a pass at his wife at an office party. The man was furious and went outside to collect his thoughts. A few minutes later, he returned to the party and joined his wife and his co-worker in their conversation. When the man's coworker excused himself to go to the restroom, the man followed him into the restroom and hit him over the head with a beer bottle. Although the man did not intend to kill his co-worker, the co-worker died as a result of the blow to the head. What is the most serious crime for which the man could properly be convicted?

A. No criminal responsibility (i.e. not guilty of any crime). B. Involuntary manslaughter. C. Voluntary manslaughter. D. Murder.