Criminal Law
Elements First, Labels Second
Every criminal-law question on this exam reduces to elements. Michigan's Penal Code (MCL chapter 750) and controlling case law supply them, and a candidate who can recite elements cold will beat one who reasons backward from the name of the offense.
Core concepts: actus reus and mens rea; specific intent (larceny, burglary, assault with intent to commit a felony) versus general intent; transferred intent; attempt (specific intent plus an overt act beyond mere preparation); conspiracy (agreement plus an overt act); aiding and abetting (the aider is liable as a principal); and justification versus excuse.
The theft family is the highest-yield cluster. Larceny is the trespassory taking and carrying away of another's personal property with intent to permanently deprive. Robbery is larceny from the person or presence of another by force or fear. Embezzlement is lawful possession converted to the taker's own use. Burglary requires a breaking and entering (constructive entry counts) with intent to commit a felony or larceny inside, and that intent must exist at the moment of entry.
Self-defense: Michigan imposes no duty to retreat in one's own home, and deadly force is justified only against a threat of death or great bodily harm.
Traps: swapping presence for possession in robbery; fact patterns where the intent to steal forms after entry (no burglary); confusing assault with battery, since assault is an attempt or placing another in apprehension and needs no contact.
Rule of thumb: name the crime, list its elements, then test each fact against each element.
Worked example: A suspect snatches a purse from a woman's shoulder with enough force to break the strap; that force overcomes resistance, so the offense is robbery, not larceny from the person.