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EXAM TIPS

Exam Tips on ACTUS REUS AND MENS REA

* The most common issues that arise on exams regarding the requirements of an “actus reus” and a “mens rea” are the following:

Concurrence of mens reus and actus reus

*  Concurrence between mens rea and actus reus is sometimes tested. When it is, the situation often involves a crime defined in terms of result (e.g., murder), and the hook is that what’s required is concurrence between mental state and act, not between mental state and result. So beware of cases where D changes his mind but can’t avoid the bad result — lack of concurrence won’t save D.

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