06 Oct October Criminal Law Practice
This is our “Day 3” preparation post for the October 2017 FYLSE. Hopefully you have watched our previous videos on how to complete a self assessment and where to start in torts; if not click here!
Today is focusing on Criminal Law. Criminal law MCQ’s are highly based on the elements involved in the crime requested in the call of the question. Criminal Law essays on the other hand are a bit more difficult. Criminal law essays require efficient and accurate issue spotting. If you miss one issue in criminal law then this often is your downfall because missing one issue can directly effect another; for example missing a solicitation discussion can impact your conspiracy discussion.
Below we have two Criminal Law essays to begin outlining. These essays are very helpful in practice as they cover many of the commonly tsted subjects in Criminal Law. Take your time, issue spot and outline the issues, and bring up EVERY issue you see. If you think that the issue from the fact pattern fits the elements of a crime and you can argue it; then argue it! Remember, IT DEPENDS! For the downloadable fact patterns, Click Here!
Debbie and Jon met in college and dated each other for two years. Debbie loved Jon very much and wanted to marry him. Jon always told her that he loved only her, but he told her he thought they were too young and should not rush into marriage.
One day as Debbie was putting gasoline into her car at the gasoline station, she looked into the car parked next to hers. She was enraged to see her best friend Vickie passionately kissing Jon. Debbie walked over to the car, with the fuel dispenser in her hand, and started yelling at Vickie and Jon. Vickie said, “I’m sorry you had to find out this way. Jon and I love each other and are going to get married.”
Debbie was enraged and shouted, “You’re not going to marry anyone, you slime!” She then pointed the gasoline dispenser at Vickie and sprayed her with gasoline, soaking her hair and clothes. Jon reached over to try to help Vickie.
Unfortunately, he was smoking a cigarette. The cigarette ignited the gasoline and Vickie burned to death.
What offense or offenses has Debbie committed and what defenses, if any, would she assert? Discuss.
Anna owned a business and stored insured business inventory at a warehouse owned by Bob. Anna was experiencing financial problems and needed funds to pay her creditors.
Bob, after hearing of Anna’s money problems, suggested that they hire someone to burn down the warehouse since he was planning to build condominiums on the warehouse property and could use the insurance proceeds for the construction of the condominiums. Bob told Anna that he knew someone who would handle burning the warehouse in return for a percentage of the insurance proceeds.
Anna agreed and Bob contacted Cindy to burn down the warehouse.
Cindy obtained the location of the warehouse from Bob and proceeded to set fire to the warehouse.
Unbeknownst to Anna, Bob or Cindy, a homeless person, Daryll, was living in the warehouse. Daryll died as a result of the fire.
After hearing about Daryll’s death, Anna and Bob decided not to make any insurance claims. After an investigation Anna, Bob and Cindy were arrested.
With what crimes, if any, might Anna, Bob and Cindy be charged and what defenses, if any, could each assert? Discuss.
20 Criminal Law MCQ’s
The approach you should be taking with Criminal Law MCQ’s is very similar to the approach you take with Torts. You immediately want to go to the call of the question to identify the theory you are working in. Once you identify the theory, you want to clearly set the elements of that crime in your mind and read the fact pattern, looking for all those elements.
When you are done with your fat pattern look at your answer choices. Do any of the answer choices mimic what you saw in the fact pattern? If while reading the question and looking for the elements of a robbery, did you find the larceny, did you find the plus force? Is there a choice that replicates what you found or didn’t find. If you didn’t find a plus force is there an answer that states “No, because there was no force”?
For the 31 Criminal Law MCQ’s from the 1980’s test Click Here