ND Bar Practice Questions - North Dakota Bar Examination Exam

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A defendant is charged with conspiracy to distribute drugs. He and a co-conspirator agreed to the plan, and the co-conspirator rented a storage unit to further it. The defendant later claims he withdrew before any drugs were distributed. For conspiracy liability under the majority approach, what is required and does withdrawal help?

An agreement plus an overt act in furtherance is required; withdrawal does not erase the completed conspiracy but may cut off liability for later substantive crimes No overt act is ever required, and withdrawal is impossible once the agreement is formed Only the agreement is required, and withdrawal is a complete defense to the conspiracy itself Two overt acts by each conspirator are required

Correct Answer:

An agreement plus an overt act in furtherance is required; withdrawal does not erase the completed conspiracy but may cut off liability for later substantive crimes

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