California First-Year Law Students' Exam (Baby Bar) — MC flashcards

The use of reasonable, non-deadly force to prevent trespass or theft of one's property.

• Only non-deadly force is permissible.
• Force must be reasonable and necessary to prevent the harm.
• Cannot be used against a person who has already taken the property and is fleeing.

Memory trick: Defend with reason, or face the season.

Obtaining title to the property of another by means of a false representation of a material fact with intent to defraud.

• Victim intends to transfer *title* (ownership), not just possession.
• Requires a false representation of a material fact.
• Defendant must have intent to defraud.

Memory trick: Deception's path: Trick for possession, Pretenses for title.

A defense where a defendant commits a crime to prevent a greater harm from occurring, provided there was no reasonable legal alternative.

• Requires a threat of imminent danger.
• Defendant must reasonably believe the criminal act will abate the danger.
• Harm avoided must be greater than harm caused.
• Defendant must not have created the emergency (though some leeway exists).

Memory trick: Justified actions, even if they break the law.

Criminal liability for individuals who aid, abet, or encourage the commission of a crime by another person.

• Requires intent to assist the principal and intent that the crime be committed.
• Mere presence is not enough.
• Categories: Principal in 1st/2nd degree, Accessory before/after the fact.

Memory trick: Accomplice: Helping hand, shared demand.

The intent to perform the physical act that constitutes the crime, without necessarily intending to achieve any particular result beyond the act itself.

• Many common law crimes (e.g., battery, arson, malicious mischief) are general intent crimes.
• The focus is on the intent to do the act, not the specific outcome.
• Distinguished from specific intent, which requires an intent to achieve a particular result.

Memory trick: Mind's crime, from knowing to blind.

The breaking and entering of the dwelling of another at night with the intent to commit a felony therein.

• Breaking: creating an opening or enlarging one
• Entering: any part of the body crosses the threshold
• Dwelling of another: a human habitation
• Nighttime: between sunset and sunrise

Memory trick: Burglary's old code: break, enter, intent, at night, in a home.

A defense that justifies a criminal act if it was committed to prevent a greater harm, provided certain conditions are met.

• The defendant must reasonably believe the act was necessary to avoid an imminent harm.
• The harm avoided must be greater than the harm caused by the defendant's actions.
• The defendant must not have created the situation necessitating the choice.
• Usually not available for homicide.

Memory trick: Defend your actions when facing a necessary choice.

A test for criminal attempt where an act constitutes a substantial step if it is conduct strongly corroborative of the actor's criminal purpose.

• Focuses on what the actor has done, not what remains to be done.
• More expansive than the common law 'proximity' test.
• Examples: lying in wait, enticing victim, reconnoitering place of crime, possessing materials.

Memory trick: Trying to do it, even if you fail, it's an attempt.

An agreement between two or more persons to commit an unlawful act, with the intent to commit the act and often an overt act.

• Requires agreement and specific intent.
• The 'gist' of the crime is the agreement.
• Overt act usually required by statute, not always common law.

Memory trick: Starting a crime together, it's a conspiracy.

Acting with a conscious disregard of a substantial and unjustifiable risk that a material element of the crime exists or will result from the conduct.

• Requires subjective awareness of the risk.
• Must be a substantial and unjustifiable risk.
• A higher culpability than negligence, lower than intent.

Memory trick: Mindset matters for guilt, know the four levels.

An attempted battery or an intentional placing of another in apprehension of imminent bodily harm.

• Requires intent to cause apprehension or to commit battery.
• Victim must be placed in reasonable apprehension of immediate bodily harm.
• Defendant must have the present apparent ability to inflict the harm.

Memory trick: Person's safety: Battery's a hit, Assault's a threat.

The unlawful application of force to the person of another, resulting in harmful or offensive contact.

• Requires general intent (or transferred intent).
• Can be direct or indirect contact.
• Harmful or offensive contact is sufficient.

Memory trick: People's bodies are protected, don't touch without consent.

A person is guilty of attempt if, with the purpose of committing a crime, he does any act which constitutes a substantial step in a course of conduct planned to culminate in his commission of the crime.

• Requires specific intent to commit the target crime.
• The act must be a 'substantial step' that strongly corroborates the actor's criminal purpose.
• Examples of substantial steps include lying in wait, enticing the victim, reconnoitering the place, unlawful entry, possession of materials specially designed for unlawful use, or soliciting an innocent agent.
• This test is less demanding than common law's 'proximity' tests.

Memory trick: Incomplete crimes still show criminal intent and actions.

A test for criminal insanity that asks whether the defendant, at the time of the crime, was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know what he was doing was wrong.

• Focuses on cognitive capacity (knowing right from wrong)
• Requires a 'disease of the mind'
• Defendant must not know nature/quality of act OR that it was wrong
• The most restrictive insanity defense test

Memory trick: Insanity's path: M'Naghten's mind, irresistible's push, or MPC's blend you'll find.

The unlawful confinement of a person without their valid consent. The confinement can involve physical barriers, force, or threats, and need not be for a long duration.

• Unlawful confinement
• Without valid consent
• Victim must be aware of confinement OR suffer actual harm
• Confinement can be by force, threat, or apparent authority

Memory trick: Confinement's plight: unlawful hold, no consent's light.

Either an attempted battery or an act that places another in reasonable apprehension of imminent harmful or offensive contact.

• Can be committed without physical contact.
• Requires specific intent for attempted battery, or general intent for apprehension.
• Apprehension must be reasonable and of imminent harm.

Memory trick: Threats and touches, keep your hands off others' space.

The fraudulent conversion of the property of another by one who is already in lawful possession of it.

• Fraudulent conversion (misappropriation)
• Property of another
• Lawful possession at the time of conversion
• Often involves a position of trust (fiduciary duty)

Memory trick: Theft's trio: take, trick, or trust betray.

A common law rule (often applied in federal conspiracy cases) that holds a conspirator liable for all foreseeable substantive crimes committed by co-conspirators in furtherance of the conspiracy, even if the conspirator did not directly participate in or specifically intend those additional crimes.

• Applies to conspirators/accomplices
• Liability for substantive crimes of co-conspirators
• Crimes must be in furtherance of the conspiracy
• Crimes must be foreseeable

Memory trick: Accomplice's bind: aid, abet, and foreseeable crime you'll find.

Generally, a mistake of law is not a defense to a criminal charge, as 'ignorance of the law is no excuse.' There are limited exceptions.

• General rule: 'Ignorance of the law is no excuse.'
• Exception 1: When the law itself is obscure or not reasonably knowable (e.g., highly technical administrative rules).
• Exception 2: When the mistake of law negates a specific intent element of the crime (e.g., specific intent to violate a particular statute).
• Exception 3: When a defendant reasonably relies on an official statement of the law that is later determined to be erroneous.

Memory trick: Defend your actions when facing a necessary choice.

A complete defense to homicide if the defendant reasonably believes that deadly force is necessary to repel an imminent threat of death or serious bodily injury.

• Reasonable belief of imminent threat
• Threat of death or serious bodily injury
• Necessity of deadly force
• Defendant not the initial aggressor (or effectively withdrew)

Memory trick: Defenses stand, when law's hand is near.

A defense where the defendant asserts ignorance or a misunderstanding of the law relevant to the crime charged.

• Generally, 'ignorance of the law is no excuse.'
• Can be a defense if it negates a specific intent element of the crime.
• Can also be a defense if the law was not reasonably available or if the defendant reasonably relied on an official interpretation of the law.

Memory trick: Defend your deed, when justice you need.

Under common law, withdrawal from a conspiracy is generally not a defense to the conspiracy charge itself once the agreement and any required overt act have occurred. It may, however, shield a conspirator from liability for subsequent crimes committed by co-conspirators.

• Conspiracy complete upon agreement + overt act (if required)
• Withdrawal does NOT negate liability for the conspiracy itself
• May negate liability for subsequent crimes of co-conspirators
• Requires affirmative notice to co-conspirators and abandonment of the enterprise

Memory trick: Conspiracy's core: agree, act, crime to explore.

The willful and malicious destruction or damage of property belonging to another.

• Requires intent to damage or destroy.
• Property must belong to another.
• Damage can be to tangible or intangible property (e.g., data).

Memory trick: Property's plight, from theft to spite.

A gross deviation from the standard of care that a reasonable person would observe in the situation, leading to a foreseeable risk of harm. It's more than ordinary negligence but less than recklessness or intent.

• Gross deviation from reasonable care
• Creates foreseeable risk of harm
• Can be a basis for some crimes, including property damage

Memory trick: Minds of crime, from purpose to slight.

An agreement between two or more persons to commit an unlawful act or a lawful act by unlawful means, often requiring an overt act.

• Requires two or more persons.
• Agreement to commit an unlawful act.
• Some jurisdictions require an overt act in furtherance of the conspiracy.

Memory trick: Inchoate: Almost there, but not quite.

Voluntary intoxication can be a defense to specific intent crimes if it negates the defendant's capacity to form the requisite specific intent. It is generally not a defense to general intent crimes.

• Must be voluntary (self-induced)
• Only a defense to specific intent crimes
• Must negate the actual formation of specific intent
• Not a defense to general intent, reckless, or negligent crimes

Memory trick: Intoxication's blur: specific intent it can deter.

Specific intent to commit a crime coupled with an overt act beyond mere preparation, bringing the perpetrator in close proximity to the successful commission of the crime.

• Requires specific intent for the target crime.
• Requires a 'substantial step' or 'proximity' to the crime.
• Failure to complete the crime is irrelevant to attempt liability.

Memory trick: Aiming for a crime, even if you miss, it's an attempt.

The willful and malicious destruction of, or damage to, the property of another.

• Requires specific intent to damage or destroy.
• The property must belong to another.
• Also known as criminal damage or vandalism in some jurisdictions.

Memory trick: Property theft or damage, keep your hands off others' goods.

A defense where a defendant commits a crime to prevent a greater harm or evil from occurring, often under exigent circumstances.

• The harm avoided must be greater than the harm caused by the criminal act.
• There must be no reasonable legal alternative to avoid the greater harm.
• The harm must be imminent, and the defendant must have a reasonable belief in its imminence.

Memory trick: Justified deed, for a greater need.

The intent to perform the physical act that constitutes the crime, regardless of whether the actor desires the specific result or knows that the result will occur.

• Focuses on the intent to do the act, not necessarily the outcome.
• Many common law crimes are general intent crimes (e.g., battery, arson).
• Distinguished from specific intent, which requires an intent to achieve a particular result.

Memory trick: Mind's crime, intent's design.

The crime of obtaining title to the property of another by means of a knowingly false representation of a material fact, with the intent to defraud.

• Focuses on obtaining TITLE to the property, not just possession.
• Requires a false representation of a material fact.
• Defendant must have intent to defraud.
• Victim must rely on the false representation.

Memory trick: Theft's tale, from snatch to fraud's veil.

The trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the owner thereof.

• Trespassory taking (without consent).
• Asportation (carrying away, even slight movement).
• Personal property of another.
• Intent to permanently deprive (at the time of taking).

Memory trick: Taking stuff without permission, that's a property crime.

Common law assault is either an attempted battery or an act that places another in reasonable apprehension of imminent bodily harm. It does not require physical contact.

• Attempted battery: Requires specific intent to commit battery and a substantial step.
• Apprehension assault: Requires intent to cause apprehension, and the victim's reasonable apprehension of imminent bodily harm.
• Requires the apparent or actual present ability to inflict harm.
• Words alone are generally not sufficient, unless accompanied by an overt act or circumstances creating apprehension.

Memory trick: Don't harm others, or you'll face legal repercussions.

The intent to perform the physical act (actus reus) of the crime. The defendant either intends the natural and probable consequences of the act or knows with substantial certainty that the result will occur.

• Intent to do the physical act
• Does not require intent to achieve a specific result beyond the act itself
• Includes knowledge with substantial certainty of consequences
• Applies to most common law crimes (e.g., battery, arson, rape)

Memory trick: Mind's crime: specific aim, or general the same.

To effectively withdraw from a conspiracy, a conspirator must communicate their withdrawal to all co-conspirators and take an affirmative act to thwart the success of the conspiracy.

• Common law often holds that withdrawal is generally not a defense to the crime of conspiracy itself, only to subsequent crimes.
• Modern/MPC view allows withdrawal as a defense to conspiracy if active steps are taken to thwart.
• Affirmative acts to thwart could include reporting to police or persuading others to abandon the plan.
• Mere cessation of participation or communication of withdrawal is typically insufficient.

Memory trick: Inchoate efforts can be stopped if you truly thwart the plan.

A legal doctrine where the intent to commit a crime against one person is 'transferred' to another person who is accidentally harmed by the defendant's actions.

• Applies when the intended crime (mens rea) and the actual crime (actus reus) are the same.
• Often seen in assault, battery, and homicide cases.
• Ensures that a defendant who causes harm is held responsible for their criminal intent.

Memory trick: Intent's journey, aim's detour.

An act that constitutes a substantial step in a course of conduct planned to culminate in the commission of the crime, and which strongly corroborates the actor's criminal purpose.

• Requires specific intent to commit the target crime
• The act must be a 'substantial step'
• Must strongly corroborate criminal purpose
• Goes beyond mere preparation

Memory trick: Attempt's quest: intent, then a step, put to the test.

An equitable remedy that compels a breaching party to perform their exact contractual obligation, typically granted when monetary damages are inadequate, such as for unique goods or real estate.

• Monetary damages must be inadequate.
• Subject matter usually unique (e.g., land, rare goods).
• Not available for personal service contracts.

Memory trick: Equitable remedies are when money just won't cut it – you need the *thing itself* or the *fairness*.

A standard of fault required for defamation claims by public figures (and sometimes private figures involved in matters of public concern), meaning the statement was made with knowledge of its falsity or with reckless disregard of whether it was false or not.

• Established by New York Times Co. v. Sullivan.
• Requires a high burden of proof (clear and convincing evidence).
• Protects robust public debate by limiting claims against public figures.

Memory trick: F-P-H-F: False, Published, Harmful, Fault.

Under the modern view, when a lease requires landlord consent for assignment or subletting, such consent cannot be unreasonably withheld.

• Shift from traditional 'absolute right' of landlord.
• Reasons for refusal must be commercially reasonable (e.g., financial stability, suitability of use).
• Arbitrary, discriminatory, or personal dislike reasons are unreasonable.

Memory trick: Modern Landlords Can't Just Say No to Sublets Without Reason.

In many jurisdictions, even without an express 'not unreasonably withheld' clause, courts imply a covenant of good faith and fair dealing, requiring landlords to have commercially reasonable grounds for refusing consent to assignment or subletting.

• Evolves from the traditional absolute discretion view.
• Based on the implied covenant of good faith and fair dealing.
• Refusal must be based on objective, commercially reasonable factors (e.g., financial stability, suitability of use).

Memory trick: Even if the lease is quiet, good faith still makes them try it.

A breach of contract so significant that it defeats the essential purpose of the contract, typically allowing the non-breaching party to terminate the contract and seek damages. Explicitly stating 'time is of the essence' makes timely performance a material condition.

• Goes to the heart of the bargain.
• Non-breaching party may terminate and sue for damages.
• 'Time is of the essence' clauses make timely performance material.
• Distinguished from minor breach, which only allows damages.

Memory trick: Breach is like a crack in the contract, either small (minor) or structural (material).

A defense to negligence where the plaintiff's recovery is reduced by the percentage of their own fault, regardless of how great that fault is.

• Plaintiff can recover even if 99% at fault.
• Damages are directly proportional to the defendant's fault.
• Different from 'modified comparative negligence' where recovery is barred if plaintiff's fault exceeds a certain threshold (e.g., 50%).

Memory trick: Pure Comparative: Your slice of fault just reduces your pie, never takes it all.

A contract provision making one party's performance conditional upon the other party's personal satisfaction, typically applied to matters of taste, judgment, or personal preference.

• Requires genuine (good faith) dissatisfaction.
• Distinguished from objective satisfaction (reasonable person standard).
• Common in art, custom work, personal services.

Memory trick: Conditions are contract traffic lights: red means stop, green means go, yellow means proceed with caution (or satisfaction!).

An owner of a wild animal is strictly liable for injuries caused by the animal's dangerous propensities, regardless of the owner's exercise of reasonable care to prevent harm.

• Applies to wild animals (non-domesticated).
• Owner is liable for dangerous propensities.
• Care exercised by owner is irrelevant.
• Harm must stem from the animal's wild nature.

Memory trick: Wild animals and weird activities incur strict liability.

An implied promise in a contract for the sale of goods by a merchant that the goods are fit for the ordinary purposes for which such goods are used.

• Applies only to sales by merchants.
• Goods must be fit for ordinary purpose.
• Can be disclaimed, but disclaimer must be conspicuous and mention 'merchantability'.

Memory trick: Warranties are promises about goods; merchantability means it works like it should, unless they explicitly say 'no promises!'

A contract where one party makes a promise in exchange for the other party's performance of a specified act. Acceptance occurs upon completion of the act, and the performing party must have knowledge of the offer.

• Offeror makes a promise.
• Offeree accepts by performing a specified act.
• Offeree must have knowledge of the offer to accept.

Memory trick: Offer, Acceptance, Consideration: The ABCs of a deal.

A common law rule that prevents the introduction of extrinsic evidence (oral or written) to contradict, vary, or add to the terms of a fully integrated written contract.

• Applies to prior or contemporaneous agreements.
• Does not apply to subsequent modifications.
• Exceptions exist (e.g., to explain ambiguity, show fraud, or prove conditions precedent).

Memory trick: Parol Evidence Bars Prior Promises from Entering Final Paper.

A contractual provision where one party (indemnitor) agrees to compensate the other party (indemnitee) for losses or damages incurred from third-party claims related to the contract.

• Shifts risk and financial responsibility.
• Common in construction, insurance, and service contracts.
• Scope can vary; often includes attorney's fees.

Memory trick: Indemnity: It's like saying, 'If someone sues you because of *my* work, I'll pay your bills.'

A clear and unequivocal indication by one party to a contract that they will not perform their contractual obligations when due.

• Occurs before performance is due.
• Gives the non-breaching party immediate options (sue, await performance, etc.).
• Can be retracted if the other party hasn't relied on it.

Memory trick: Anticipate the Repudiation Before the Due Date.

A promise that appears to be a promise but in fact does not bind the promisor to any performance, usually due to an unlimited right to withdraw or cancel without notice or penalty.

• Lack of true commitment renders the promise illusory.
• An illusory promise cannot serve as consideration.
• Limitations on the right to terminate (e.g., notice period) make a promise non-illusory.

Memory trick: Illusory Promises Are Just Smoke, No Real Fire of Commitment.

Breach occurs when the defendant fails to meet the applicable standard of care owed to the plaintiff, meaning they acted unreasonably under the circumstances.

• Compares defendant's conduct to what a 'reasonably prudent person' would do.
• Can involve an act or an omission (failure to act).
• Factors include foreseeability of harm, magnitude of risk, utility of conduct, and burden of precautions.
• Often requires fact-finding to determine if conduct fell below the standard.

Memory trick: D.B.C.D. – Don't Be Careless, Dude!

This tort occurs when a defendant intentionally and wrongfully interferes with a plaintiff's reasonable expectation of economic benefit, causing the plaintiff to suffer economic harm.

• Requires an existing economic relationship or a reasonable expectation of one.
• Defendant must have knowledge of the relationship/expectation.
• Defendant must intentionally interfere with the relationship.
• Interference must be wrongful (e.g., by fraud, defamation, or other illegal means).

Memory trick: Prospective Advantage: Don't mess with my future money deals!

When an assignor (original party) transfers their rights and delegates their duties to an assignee, and the obligor (other original party) explicitly agrees to release the assignor from further liability, thereby discharging the assignor's contractual obligations.

• Requires explicit agreement from the obligor to release the assignor.
• Without explicit release, assignor remains secondarily liable (surety).
• Differs from mere consent to assignment, which doesn't automatically release.

Memory trick: Passing the contract baton: rights are assigned, duties are delegated.

A defense in negligence cases stating that a party who hires an independent contractor is generally not liable for the contractor's torts, as the contractor controls the details of the work.

• Hiring party generally not liable.
• Contractor controls work methods.
• Exceptions exist for inherently dangerous work or non-delegable duties.

Memory trick: The 'boss' isn't responsible for the 'worker' if they're truly independent.

For emotional distress to be proximately caused by negligence, it must be a foreseeable consequence of the defendant's breach of duty.

• Direct involvement in the accident often strengthens foreseeability.
• Severe emotional distress is typically required.
• Some jurisdictions require physical manifestation or a 'zone of danger' presence.

Memory trick: Foreseeability is the key to Proximate Cause.

A lease provision that requires a tenant to obtain landlord's consent for assignment or subletting, but specifies that such consent cannot be unreasonably withheld.

• Limits the landlord's otherwise absolute discretion.
• Landlord must have commercially reasonable grounds for refusal (e.g., financial instability of assignee, unsuitable use).
• Unreasonable refusal can be a breach of contract by the landlord.

Memory trick: The landlord can't just say 'no' if the lease says 'reasonable flow'.

A small monetary award granted to a plaintiff in a trespass to land case where the defendant's unauthorized entry violated the plaintiff's property rights, but no actual, substantial damage was proven.

• Awarded to acknowledge and vindicate a legal right.
• No proof of actual financial loss is required.
• Common in trespass to land cases where entry caused no physical harm.
• Distinguished from compensatory (actual loss) and punitive (punishment) damages.

Memory trick: Trespass: Entry, even if tiny, gets a token penny.

A legal principle that allows a promise to be enforced even without formal consideration if the promisor made a clear promise, the promisee reasonably and foreseeably relied on it, and injustice can only be avoided by enforcing the promise.

• Acts as a substitute for consideration.
• Requires reasonable, foreseeable, and detrimental reliance by the promisee.
• Often applied in cases of charitable pledges or employment promises.

Memory trick: No 'quid pro quo' needed, if they relied and it's seeded, justice is indeed heeded.

An intentional tort where a third party improperly induces a party to a contract to breach that contract, resulting in damages to the other contracting party.

• Requires a valid contract between plaintiff and a third party.
• Defendant must know of the contract.
• Defendant must intentionally induce the third party to breach or make performance impossible.
• Defendant's conduct must be improper (e.g., fraud, malice).

Memory trick: Don't Interfere with Contracts or Prospectives.