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MULTIPLE-CHOICE QUESTIONS

    19. Assume for the purpose of this Text only that Yule did not return to the store. If Shafer is charged with attempting to violate the above statute, which of the following would be Shafer’s most effective argument in defense against that charge?

    (A) Shafer did not know of the statute or its provisions.

    (B) Shafer did not know that Yule was below the age of 16 years.

    (C) Okner should be prosecuted under the statute, since she was Shafer’s employer.

    (D) Shafer is customarily employed in the shoe department, and should not be held to the same standard as a person in the business of selling firearms and ammunition.

    20. Assume for the purpose of this Text only that Yule subsequently returned to the store with money and that Shafer sold her the ammunition. If Okner is prosecuted under the statute, Okner should be found

    (A) guilty, because her employee sold ammunition to a person under the age of 16 years.

    (B) guilty, only if it was unreasonable for Okner to assign Shafer to the sporting goods department without properly instructing him regarding the statute.

    (C) not guilty, unless Okner was present when Shafer made the sale to Yule.

    (D) not guilty, because holding one person vicariously liable for the crime of another violates the constitutional right to due process of law.

    Questions 21-22 are based on the following fact situation.

    Alice and Bonnie were roommates until they began arguing bitterly. During one argument, Alice moved out of the apartment which they shared. As she left, she said,“I’m going to get even with you for all the grief you’ve caused me.” The following day, Bonnie’s friend Frieda told Bonnie that Alice had purchased a gun. Frieda also said that Alice told her that she was going to shoot Bonnie the next time she saw her. As a result, Bonnie began carrying a loaded pistol. Several days later, realizing that she still had the key to Bonnie’s apartment, Alice went back to return it. Bonnie was leaving her apartment when she saw Alice walking toward her. As Alice reached into her pocket for the apartment key, Bonnie drew her pistol and shot Alice, aiming to hit her in the chest. The bullet grazed Alice’s shoulder, inflicting a minor injury. Alice immediately drew her own pistol and shot Bonnie with it, striking her in the thigh, and inflicting a serious injury.

    21. If Bonnie is charged with attempted murder, which of the following would be her most effective argument in defense?

    (A) Alice’s injury was not serious enough to result in death.

    (B) Bonnie did not succeed in striking Alice in the chest as she intended.

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