ND Bar Practice Questions - North Dakota Bar Examination Exam

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A defendant breaks into a neighbor's garage at night intending to steal tools. Under the common-law definition of burglary, which element is most clearly satisfied and which is questionable?

Satisfied: entry by consent; questionable: whether it was nighttime Satisfied: a completed theft; questionable: whether the defendant used force Satisfied: breaking and entering at night with intent to commit a felony; questionable: whether a garage qualifies as a 'dwelling house' Satisfied: intent formed after entry; questionable: whether tools were taken

Correct Answer:

Satisfied: breaking and entering at night with intent to commit a felony; questionable: whether a garage qualifies as a 'dwelling house'

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