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MBE Prep Guide Sample Test Question:

Criminal Law

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Multi-State Bar Exam GuieMulti-State Bar Exam Guide-volume I- Torts, Contracts and Criminal Law

ANSWER: The best answer is (b). A conspiracy is formed when two people agree to commit a crime, with the intent that the crime be committed. There are two separate intents involved: the intent to agree to the conspiracy, and the intent to commit the target offense. However, in most jurisdictions, the conspiracy is not complete until the parties take some action in preparation of committing the target offense. The act of calling Valerie so that she would leave the house would be considered a substantial step toward committing the offense. It could be argued that the conspiracy was complete when David followed Valerie home or when Edward watched her house, however, those steps would probably be considered part of the planning stages. Regardless, those acts are not answer choices, so it is important to pick the best answer out of those available. Answer (a) is not correct. A conspiracy requires some overt act in furtherance. The mere agreement is not enough in most jurisdictions. Answer (c) is not the best answer. The conspiracy was complete long before David and Edward broke into the house. Answer (d) is incorrect. Conspiracy does not merge into the completed offense.

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