MBE Criminal Law: Fundamentals Flashcards latest version 2025-2026 questions and accurate answers Discover the basic elements needed in each crime: acts reus, mens rea, concurrence, actual cause, and proximate cause. Q1 Elements required to prove a crime A 1. Actus Reus (voluntary, physical act); 2. Mens Rea (mental state); 3. Concurrence (requisite mens rea must exist at the time of the actus reus); and 4. Causation (cause-in-fact/actual + proximate cause) (usually needed, but not always, e.g. attempted murder) 2 Q What is the burden of proof for each element of a crime? ABeyond a reasonable doubt 3 Q Define actus reus A Voluntary physical act or unlawful omission required by the crime 4 Q Are habitual acts (conditioned reactions) considered voluntary acts? A Yes 5 Q What are examples of involuntary acts? A Reflexes; Bodily movements during unconsciousness or sleep; Actions during hypnosis; or A bodily movement that is otherwise not the product of the effort or determination of the actor, either conscious or habitual MPC 2.01(a)) 6 Q Do involuntary acts satisfy the actus reus? A No, unless: 1. D is aware that they have a condition that can result in involuntary actions; and 2. Fails to take reasonable