Legal Impossibility Overlooked
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
22289_craftsman_village · CRIMINAL · Choice AThe defendant burned down a rival's warehouse because he wanted to put the victim out of business. The defendant was charged with arson.
Why it's attractive
The charged crime is arson. At common law, arson requires a *dwelling* of another. A warehouse is not a dwelling. The charge fails.
Why it's wrong
The charged crime is arson. At common law, arson requires a *dwelling* of another. A warehouse is not a dwelling. The charge fails.
22289_craftsman_village · CRIMINAL · Choice CThe defendant offered a craftsman $200 to burn down the defendant's own workshop, but the craftsman refused. The defendant was charged with solicitation to commit arson.
Why it's attractive
Solicitation requires the solicited act to be a crime. Burning your own property is not arson at common law. Legal impossibility defeats the charge.
Why it's wrong
Solicitation requires the solicited act to be a crime. Burning your own property is not arson at common law. Legal impossibility defeats the charge.
22289_craftsman_village · CRIMINAL · Choice DThe defendant deliberately burned down his own leather workshop and collected the proceeds of his fire insurance policy. The defendant was charged with larceny by trick.
Why it's attractive
Larceny by trick requires the victim to part with temporary possession only. Insurance proceeds = title. The charge doesn't fit.
Why it's wrong
Larceny by trick requires the victim to part with temporary possession only. Insurance proceeds = title. The charge doesn't fit.
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