Criminal Law and Procedure BAR Practice Question

Bar Exam Tips and Practice Question: Criminal Law and Procedure

Tackling the Bar exam is no easy task, especially when it comes to tough topics like Criminal Law and Procedure. But you’re not alone—we’re here to help you cut through the complexity and gain the edge you need to excel. Whether it’s understanding the nuances of burglary, larceny, or mens rea, our practice questions are designed to sharpen your skills and instill the confidence to succeed. We’re committed to empowering you with knowledge, strategies, and a sense of control over your Bar prep journey.

Start by diving into the criminal law practice question below and test your understanding. Then, leverage our expert study tips crafted to help you truly master the material. From creative flashcard techniques to powerful memorization strategies, we’ve got the tools you need to stay organized, focused, and ready to perform at your best.

Take the challenge, see how well you know Criminal Law and Procedure, and explore our in-depth study tips and answer explanations to solidify your learning.

Criminal Law and Procedure Question


A plumber had a dispute with a homeowner about the amount owed on a plumbing job. The homeowner paid what the plumber demanded, but the plumber believed that the homeowner stole his drill as a way to get back at him.

One night, the plumber entered the homeowner’s house without permission to retrieve his drill. The plumber found a drill, but quickly realized that it was not his. The plumber then left without taking anything, locking the door behind him.

Is the plumber guilty of burglary?

(A) No, because the plumber did not take anything.
(B) No, because the plumber made a reasonable mistake of fact.
(C) Yes, because larceny is a felony.
(D) Yes, because he entered the dwelling of another without permission.

Take a minute to work on the problem, then take a look at a few study tips for the Bar. After that, check the explanation to the practice question.

Tips for Flashcard Memorization

Overwhelmed by the sheer volume of legal rules and elements demanding instant recall? Facing the pressure of the Bar exam? Many feel the same. Here’s a memorization technique that proved effective for one examinee.

Concerned about regurgitating countless elements and factors for essay questions, this examinee, despite never using flashcards in law school, turned to them in the final weeks of Bar prep. Inspired by advice from faculty members, they devised a hybrid memorization strategy. One suggestion involved moving around while memorizing, while another advocated for creating mental maps and associating facts with specific locations.

Combining these ideas, the examinee used flashcards while walking different routes for each essay subject. Lengthier routes corresponded to subjects with more material, like Domestic Relations. Shorter routes, like circling a soccer field, were reserved for subjects like Wills and Trusts. With flashcards in hand, the examinee would quiz themselves along these routes, repeating until comfortable with the material.

This method, employed extensively in the final weeks of preparation, proved successful. By the end, the examinee could confidently recite the law without needing to flip over the flashcards. Even the day before the exam, instead of resting, they found a quiet park and continued their walking and reciting routine. This provided a sense of calm and confidence heading into the exam.

While this method may not work for everyone, it offers a potential solution for those struggling to memorize vast amounts of information. If you’re feeling trapped in a study cave and seeking a new approach, consider giving this technique a try.

The correct answer is: (B) No, because the plumber made a reasonable mistake of fact.

Burglary requires the breaking into and entering of the dwelling house of another with the intent to commit a felony therein. The plumber entered to retrieve what he thought was his drill. This negates the element of intent to commit a felony therein. The intent also needs to be present at the time of the entry. Here, there was a mistake of fact which negates the necessary mens rea. Therefore, there is neither larceny nor burglary, and this answer is correct.

(A) Incorrect. No, because the plumber did not take anything.
Burglary requires the breaking into and entering of the dwelling house of another with the intent to commit a felony therein. It does not require that the defendant take anything. This answer is incorrect as a matter of law.

(C) Incorrect. Yes, because larceny is a felony.
While it is true that larceny may be a felony, this fact does not make it such that the plumber is guilty of burglary. Indeed, the plumber is not guilty of burglary, because burglary requires the breaking into and entering of the dwelling house of another with the intent to commit a felony therein; here, the plumber entered to retrieve what he thought was his drill, which negates the element of intent to commit a felony therein. There was also a mistake of fact, which negates the necessary mens rea. Therefore, there is neither larceny nor burglary.

(D) Incorrect. Yes, because he entered the dwelling of another without permission.
While it is true that the plumber had no permission, this fact does not make it such that the plumber is guilty of burglary. Indeed, the plumber is not guilty of burglary, because burglary requires the breaking into and entering of the dwelling house of another with the intent to commit a felony therein; here, the plumber entered to retrieve what he thought was his drill, which negates the element of intent to commit a felony therein. There was also a mistake of fact, which negates the necessary mens rea. Therefore, there is neither larceny nor burglary.