What is required to establish a conspiracy at common law under the bilateral approach?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

To establish a conspiracy at common law under the bilateral approach, it is necessary that at least two persons agree to achieve an unlawful objective. This is fundamental because conspiracy is defined as an agreement between two or more parties to commit an illegal act. The essence of the bilateral approach is the mutual agreement to commit the crime, distinguishing conspiracy from other crimes that may only require the actions of one individual.

The requirement for two or more individuals to have a shared intention to pursue an unlawful plan ensures that there is a cooperative element, which is crucial in differentiating conspiracy from mere preparation or planning for a crime. In this context, the existence of a conspiracy does not hinge on the completion of the unlawful act itself but rather on the agreement between the parties involved to engage in criminal conduct. This sets the foundation for liability in conspiracy cases, as it reflects the collective culpability of all involved parties in the context of their unlawful objective.

Therefore, the correct answer encapsulates the necessity of joint participation in the conspiracy, reinforcing the principle that a conspiracy can only exist when there is an agreement between two or more individuals to pursue a common unlawful goal.

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