IF YOUR EXAM DOESN'T GIVE A STATUTE:
You should state (not verbatim, something to the effect of:) "In the absence of a statute, I will first use the CL definition, second the MPC definition, and finally, how this definition has been modified today by different states."

YOU MUST discuss:

*COMMON LAW
*MPC
*Modern variations (specify if you are using CALIFORNIA)... score extra points if you discuss other states...

IE: "California follows the majority of states, with Heat of Passion. While New York follows the minority of states, with Extreme Emotional Disturbance."

IE: "California has defined premeditation and deliberation under first degree murder as something carried out in 'the twinkle of an eye' while other states have said that it can be done during 'the opportunity for a second thought.'"

• Murder (1st Degree, 2nd Degree)
  
  • Common Law- Unlawful killing of another human being with malice aforethought without excuse, justification, or mitigation.
  
  
• Felony Murder Rule (FMR)
  
  • Common Law- Any death committed in the perpetration of or an attempt to perpetrate a felony.
  
  
• Manslaughter- Voluntary, Involuntary
  
  • Voluntary Manslaughter
    • Unlawful killing of a human being without malice aforethought with mitigation.
  • Involuntary Manslaughter
    • Unlawful killing of a human being without malice aforethought, without excuse, justification, or mitigation.
  
  
• Rape
  
  • Common Law- Carnal knowledge of a woman (10 years or older) by force or threat of force against her will.
  
  
• Statutory Rape
  
  
• Battery
  
  • Common Law- Unlawful offensive touching/contact with another. It must result in bodily injury or offensive touching to victim.
    
  • Force can be a fist or a mechanical agent. Offensive/unlawful contact included so unwanted sexual advances are included.
    
  • Battery resulting in unintended death equals Involuntary Manslaughter.
  
  
• Mayhem
  
  • Common Law- Permanent injury to members of your body.
    
  • Modern- Some states have added 'disfigurement to your face' or 'maiming'. Some states have abolished 'Mayhem' and now call it 'Aggravated Battery'.
  
  
• Assault
  
  • Common Law- (1) Attempted Battery/attempt to commit Battery. (2) Intentional creation (more than WORDS) of fear or apprehension of offensive contact.
    
  • MPC- A person is guilty of assault if he purposely, knowingly, or recklessly causes bodily injury to another.
    
  • Modern- All jurisdictions have combined the CL definition and Civil Law definition for Assault.
    
  • IMPORTANT-- Cause fear or apprehension of offensive contact.

• Arson
  
  • Common Law- Malicious burning of another's property.
  
  
• Burglary
  
  • Common Law- Breaking and entering of a dwelling at night with the intent to commit a felony therein.
  
  
• Robbery
  
  • Common Law- Taking, carrying away of another's property by threat or threat of force, taken from their presence with the intent to steal and permanently deprive.
  
  
• Larceny
  
  • Common Law- Trespassory taking and carrying away of another's property with the intent to steal.
  
  
• Larceny by Trick
  
  • Common Law- Victim is tricked into giving up MERE POSSESSION of property (just like Larceny, but use of 'trick' or by means of misrepresentation or fraud.)
  
  
• Embezzlement
  
  • Common Law- Fraudulent conversion of another's property by a person in LAWFUL possession of that property. The Defendant has the property in rightful possession.
    
    • (1) Wrongful Conversion;
    • (2) by one in lawful possession;
    • (3) relationship of entrustment.
  
  
• False Pretenses
  
  • Common Law- Victim is tricked into giving up TITLE to personal property of another by an intentional false statement of past or existing fact, with the intent to defraud the other.
    

• Attempt--8 Tests for Attempt
  
  • Common Law- Attempt is an act, done with intent to commit a crime, that falls short of completing the crime.
    
    • (1) INTENT to commit the target crime.
    • (2) "Overt act beyond mere preparation" or ACT in furtherance.
      
  • MERGER Doctrine- You may NOT be convicted of ATTEMPT and the attempted CRIME.
  
  
• Solicitation (aka Attempt to Conspire)
  
  • Common Law- Inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime. It is not necessary that the person solicited respond affirmatively.
    • (1)ACT- invite, command, request, employ, another to commit a felony or breach of justice of peace (ASKING is enough, no need for agreement);
    • (2) INTENT- that the person asked will commit the target crime.
  • MERGER Doctrine- You may NOT be convicted of SOLICITATION and the solicited CRIME.
  
  
• Conspiracy (Review of Conspiracy)
  
  • Common Law-A conspiracy is an agreement between two or more parties to commit a crime.
    • (1) an AGREEMENT between two or more persons;
    • (2) an INTENT to enter into the agreement; and
    • (3) an INTENT by at least two persons to achieve the objective of the agreement.
  • Modern- A majority of states now also require an overt act, but an act of mere preparation will suffice.
  • MERGER Doctrine- You MAY be convicted of CONSPIRACY and the conspired CRIME.