1. This exam is open book, open notes. You may bring in the following
(a) Your textbook
(b) Your class notes
(c) Any outline that you played a substantial role in preparing.
2. You may not bring into the exam any treatises (including Dressler),
or any canned or commercial outlines, briefs, nutshells, Gilberts,
Emmanuels, Legalines or their equivalent.
3. Three hours will be allotted for the examination. Blue books will not
be passed out for the first half hour (30 minutes). This time should be
spent reading and thinking about the questions before you begin writing
your responses. You may use scratch paper to begin outlining your
answers during this initial thirty minute period.
4. There will be three essay questions on the final examination.
5. Do not cite a case or a provision of the Model Penal Code without
further discussion! There is no presumption that use of a case name or
code section results from knowledge of its contents. Discuss, analyze
and apply any cases or code provisions for which you wish to receive
credit in your answer.
6. Please write on only one side of each page in the blue books.
DO YOUR BEST TO WRITE LEGIBLY. FAILURE TO WRITE LEGIBLY WILL RESULT IN
AN IRATE GRADER READING YOUR EXAMINATION.
Dave Defendant knocked on Jane Doe's door one Saturday morning, claiming
to be a TV repairman. Once inside the apartment, he removed his clothing
and instructed her to remove hers, saying: "You know what I want." Jane
asked him to leave, but was too frightened to offer physical resistance.
She said: "Will you let me go if I do what you want?" and Dave said that
he would. Dave and Sue then engaged in sexual foreplay, stopping short
of intercourse as defined by MPC 213.0(2).
After this, Jane again asked Dave to leave, and Dave refused to do so.
Jane then began to panic, and told him: "I am a diabetic. I have to get
my insulin." Dave laughed and said, "I don't believe you." He pushed her
back on the bed when she tried to get up, and Jane passed out. Dave then
panicked, and ran from the apartment. Jane Doe went into a diabetic coma
Discuss Dave Defendant's criminal culpability. If there are multiple
theories under which his culpability could be determined, discuss each
theory. Also discuss any defenses that Dave might wish to raise on these
facts. Assume that the apartment is located in a jurisdiction that has
adopted the Model Penal Code.
Two brothers, Al and Bert Smith, seized Pamela Williams from the
playground of the East Street Elementary School. They brought Pamela to
the house of their sister, Chrissie. When they arrived, Chrissie said to
them: "What took you so long? I called her parents and they will have
the ransom money ready by 6:00 tonight."
That evening, Al went out to collect the money, while Chrissie and Bert
stayed at the house and watched Pamela. Al brought the ransom money back
to the house. While Al and Chrissie were sitting at the kitchen table
counting the money, they heard a gunshot. They ran into the next room
and saw Bert standing over Pamela's prone and bleeding body. Chrissie
yelled: "What have you done, idiot?" Bert replied: "I've been waiting
for years to get even with her father. He fired me from the best job I
The kidnapping statute in this jurisdiction provides as follows: "The
taking and carrying away of a person without consent is a felony."
Assume further that the jurisdiction has the same degrees of homicide as
the MPC, but that their murder statute omits the last sentence in MPC
210.2(1)(b). Discuss the criminal culpability of Bert and Chrissie in
The Ohio Legislature, determined to win points with voters and limit
accidents resulting from intoxicated drivers on the road, enacted the
The Bureau of Motor Vehicles shall maintain a Prescribed List
containing the names of persons who have been convicted of homicide
resulting from driving under the influence of alcohol and who,
subsequent to the homicide conviction, have been convicted of additional
D.W.I. offenses, driving without a valid license, or driving while under
suspension. The Prescribed List shall be published monthly and
distributed to each alcoholic beverage licensee in the state. The
Prescribed List shall be posted conspicuously in each establishment
having a license to dispense alcoholic beverages.
No person operating or working in a tavern or restaurant where
alcoholic beverages are sold shall serve alcoholic beverages to any
person whose name appears on the Prescribed List.
Any person who shall violate this statute by serving an alcoholic
beverage to a person whose name appears on the Prescribed List is guilty
of a misdemeanor, punishable by a jail sentence of thirty (30) days and/
or a fine of $200.
The defendant, Art Austin III is a law student who has been partially
defraying the costs of his education by tending bar in the Regal Beagle.
He is aware of the law, and conscientiously checks each patron's name
against the names on the Prescribed List.
Last week, Art was working behind the bar when Bud Weiser came into the
Beagle and ordered a draft. Art checked the list and did not find
Weiser's name. In fact, Weiser's name appeared on the new list, dated
May 1, which had been received at the tavern that day, but inadvertently
not posted by the Beagle's manager, who had been called away on a family
emergency. Weiser's name had not previously appeared on any monthly list
prior to May 1.
Weiser purchased and consumed several beers and left the Beagle an hour
later, announcing that he had achieved "the appropriate buzz." On the
way home, Weiser drove his car into a telephone pole and died.
Discuss all the issues relevant to a determination of Austin's liability
in both an MPC and a common-law jurisdiction.
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