At home, need to access Westlaw, have no idea what my Lexis login/password is. Anyone else having technical issues and if so could you please get it fixed? Thanks.
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Topics - haulin_oats
I'm taking the August exam. How do I study for this thing? I'm not signed up for BarBri so I don't get their "free" outline thing. Is there a standard study guide that I should use? How much time should I spend studying?
Advice from those who have passed the exam would be appreciated.
This is question #48 in the Emanuel Outline. I disagree with the answer:
Tarzan is planning to a bank and recruits Jane to act as a lookout & driver of the getaway car. Jane knows that Tarzan will be armed, and that he's determined not to get caugth no matter what. WHen they get to the bank, Jane waits outside with the motor running. Tarzan goes in and meets Sheena, who (unbeknownst to Jane) has previously agreed to help him out. During the robbery a bank guard tackles Tarzan and Sheena takes Tarzan's gun and shoots the guard to death so they can all escape. Is JANE guilty of murderin the guard's death.
Emanuel says there is a single conspiracy and Jane is guilty because the act was reasonably foreseeable & in furtherance of the conspiracy.
I say there were two separate conspiracies, one between Jane & Tarzan & another between Tarzan & Sheena. Under this interpretation it would be slightly more difficult to convict Jane because she is not technically a party to the conspiracy between Tarzan & Sheena. However, Jane would probably still be guilty because the death of an officer was reasonably foreseeable & occured in furtherance of Jane's conspiracy with Tarzan, regardless of the intervening acts of Sheena.
I'm trying to figure out under what conditions a "Whale Corporation" shareholder gets appraisal rights in an MBCA statutory merger. My text and various commercial summaries seem to give one answer while my instructor and MBCA 13.02 give a distinctly different answer. I've attempted getting clarification from my professor, but he's incapable giving a straight answer or listening to my actual question prior to answering.
Commercial outlines say that the shareholder gets appraisal rights any time they get a vote (dilutive) in the merger. This is a fairly broad right as a lot of acquisitions result in dilution of shares.
The statute (MBVA 13.02) and professor say the shareholder gets appraisal right where (1) they have the right to vote; (2) the class of shares do not remain outsatnding, and (3) the shares are not publicly traded at time of transaction.
I'm wondering why all of the commercial outlines and my casebook tend to say anytime you vote you get appraisal rights when the statute clearly says otherwise. Is there a reason they're ignoring the exceptions? How did you all folks learn it?