Lawyer BAR EXAM

[Skull1818]

Bar Exam

 

Below you will find three different scenarios and three sets of questions. Each set of questions corresponds only with the scenario immediately preceding it. Read the scenario, then answer the questions that follow. In some cases, a question may have more than one correct answer. If so, choose the best answer from the options provided. The questions and answers are based on the FullSend RP Penal Code and general rules of criminal procedure. Applicants should familiarize themselves with the Code prior to starting the Exam.

 

Scenario A (Questions 1 - 6):

John was arrested and charged with a drug-related offense(s). The police officer who arrested him, Officer Smith, claimed that he found a small bag of white powder in John's pocket during a routine search after pulling John over while driving. John's defense attorney argues that Officer Smith conducted an illegal search and seizure, and that the evidence should be suppressed. Additionally, John's attorney argues that even if the evidence is admissible, the prosecution has not met its burden of proof to establish that John had knowledge of the drugs.

Questions:

 

1. What offense(s) could John have been charged with?

a) Misdemeanor Drug Possession

b) Felony Drug Possession

c) DUI/DWI

d) all of the above

e) b and c

 

 

2. Is Officer Smith's search and seizure of John's pocket lawful?

a) Yes, because Officer Smith had probable cause

b) No, because John did not consent to the search

c) No, because Officer Smith did not have a warrant or probable cause

d) Yes, because Officer Smith had a reasonable belief that he or the public could be harmed

 

3. If the search is unlawful, can the evidence found in John's pocket be admitted in court?

a) Yes, because the evidence was found during a routine search

b) No, because the search was unlawful and violated John's Fourth Amendment rights

c) It depends on the judge's discretion

d) Yes, but only if John's attorney agrees to it

 

4. If the evidence is admissible, what standard of proof must the prosecution meet to establish John's guilt?

a) Beyond a reasonable doubt

b) Preponderance of the evidence

c) Clear and convincing evidence

d) Probable cause

 

5. Has the prosecution met its burden of proof in this case?

a) Yes, because the evidence found in John's pocket proves his guilt

b) No, because the defense has raised reasonable doubt about John's guilt

c) It depends on the judge's opinion

d) Yes, because John was arrested with drugs in his possession

 

6. If the evidence is suppressed, what is the likely outcome of the case?

a) John will be found guilty and sentenced to jail

b) The case will be dismissed

c) The case will proceed to trial without the evidence

d) John will be required to pay a fine

 

Scenario B (Questions 7 - 11)

 

Jane is the owner of a restaurant. One night just before closing, a masked person comes into the restaurant, hits Jane with a baseball bat, hits the cash register with a crowbar, steals the contents of the register, and flees the building. The masked person smashes the windows of the restaurant on the way out, causing extensive damage.

 

7. Which of the following offenses has the masked person committed? If multiple, choose the offense that also has the harshest penalty.

a) Burglary

b) Robbery

c) Larceny

d) Vandalism

 

8. Which of the following is an element of the crime of robbery?

a) Taking property from another person

b) Entering a building with the intent to commit a crime

c) Using force or fear to take property

d) Damaging property

 

9. Can the prosecution introduce evidence of the masked person's prior convictions for theft and assault?

a) Yes, because the evidence is relevant to the current crime

b) No, because the prior convictions are not relevant to the current crime

c) It depends on whether the prior convictions are more than ten years old

d) It depends on whether the prior convictions are for the same type of crime

 

10. Can the prosecution introduce evidence that the masked person was in possession of stolen property at the time of arrest?

a) Yes, because the evidence shows that the masked person committed the robbery

b) No, because the evidence is not relevant to the current crime

c) It depends on whether the stolen property was taken from Jane's restaurant

d) It depends on whether the evidence was obtained legally

 

11. Can the defense introduce evidence that the masked person was under the influence of drugs or alcohol at the time of the crime?

 

a) Yes, because the evidence is relevant to the masked person's state of mind

b) No, because the evidence is not relevant to the current crime

c) It depends on whether the masked person was legally impaired at the time of the crime

d) It depends on whether the defense can prove that the masked person was under the influence

 

Scenario C (Questions 12 - 17):

 

Duck, a skilled car mechanic, works at a high-end automotive repair shop. One day, he comes across a rare and valuable sports car belonging to a customer. Impressed by the car's performance and value, Duck hatches a plan to steal the car and sell it for a significant profit. He waits until the shop is closed, disables the security cameras, and hotwires the car. Duck successfully drives the stolen car out of the shop's garage and conceals it at a hidden location. Unbeknownst to Duck, the car's owner, Randy, happened to be nearby and saw the theft in progress. In a fit of rage and desperation, Randy confronts Duck at the hidden location where the car is concealed. A heated argument ensues, escalating into a physical altercation. During the struggle, Randy falls and hits his head on a hard surface, resulting in a fatal injury.

 

Questions:

 

12. What offense(s) has Duck committed?

a) Theft

b) Grand theft auto

c) Burglary

d) b and c

 

13. Did Duck commit grand theft auto in this scenario?

a) Yes, because he wrongfully obtained and took control of the car without the owner's permission

b) No, because he is a mechanic and has access to customer vehicles

c) Yes, because he disabled the security cameras during the theft

d) None of the above

 

14. How can the defense attorney best represent Duck?

a) Challenge the admissibility of any surveillance footage showing John's involvement

b) Argue that Duck had legitimate access to the car as a mechanic and did not intend to permanently deprive the owner of it

c) Investigate potential flaws, if any, in the investigation and collection of evidence

d) All of the above

 

15. What offense, if any, has likely been committed in relation to Randy's death?

a) Murder

b) Vehicular Manslaughter

c) Involuntary Manslaughter

d) Assault

 

16. Did Duck have the intent to cause Randy’s death?

a) Yes, he intended to kill Randy during the altercation

b) No, he only intended to steal the car and did not foresee the fatal outcome

c) Yes, he knew that his actions could lead to serious harm or death

d) None of the above

 

17. If Duck is charged with the murder of Randy, how can his defense attorney best represent him in relation to the murder charge?

a) Argue self-defense, claiming that Duck's actions were necessary to protect himself from Randy's aggression

b) Pursue a plea bargain to a lesser offense such as involuntary manslaughter

c) Advise his client to lie in his testimony

d) a and b