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Messages - shao2007

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Studying and Exam Taking / Re: Thoughts on Estates and Future Interests?
« on: February 16, 2006, 09:47:13 AM »
"A concise guide to the nuts and bolts of estates and future inerests"
by Andrew Beckerman-Rodau

Breaks it down nice and simple

General Board / Re: YOUR advice for prospective law students
« on: February 15, 2006, 01:35:51 PM »

Live the law school life

Get up do some studying.
Go to class.
Do some more studying
A stiff drink to get to bed.
And somewhere in between that throw in 2-3 hours of working out or sex or both.

And Don't listen to teachers during the first weeks of school that tell you the commercial outlines are useless and not worth it. Only do that if you want to get good grades and have no life but be a teacher like them.
BLL and IRAC is what will get the good grades.

Studying and Exam Taking / Re: Property Question
« on: February 01, 2006, 09:12:55 PM »
A Vested Remainder Subject to Complete Defeasance sounds more like an equation than a question of law

Studying and Exam Taking / Re: Property Question
« on: February 01, 2006, 06:15:00 PM »
If it's a reversion then the original grantor has a future interest that will only become a present estate at the natural termination of the prior present estate.

A reversionary interest refers to all future interests created or retained by the original grantor (possibility of reverter, right or entry, and reversion)

Nonreversionary interest, the original grantor doesn't have a future interest in what he gave away.

General Board / Re: Notable alumni of lower-tier law schools?
« on: January 19, 2006, 12:32:46 AM »
Ted Koppel went to New England School of Law

General Board / Re: Study Groups
« on: January 11, 2006, 10:09:21 PM »
Study Groups are helpful in giving you a platform to explain/argue an issue to other people just to make sure your thoughts are clear.
Personally for me study groups weren't helpful in the actual studying part, but just more in the how am I going to explain my understanding of the law and make my argument persuasive.
But it's different for everyone so you have to take study groups for a test drive and see what happens.
3 is the optimal number for a study group, i would say definitely no more than 5 people (if you really have to go higher than three).
Lastly, make sure you go in with an organized schedule of what specifically you want to go over in the few hours of a study group.

General Board / Re: Crim Law Questions
« on: December 20, 2005, 02:02:58 PM »
It's a really long hypo. The gist (the part that is confusing) is as follows:

A, A2, and P agree to break into V's house at night (burglary is a given) to threaten V.  A2 assists in the planning but doesn't go along.  Unbeknownst to A, P brings a gun in to make sure that V "gets the message."

While they are threatening V, V makes a provocative statement to them.  P flips out and fires at V, but misses.

V fled in panic and jumped into his car, speeding away.  He's driving recklessly and he tries to pass someone in front of him. He ends up swerving off the road into an enbankment. A2 (from earlier) walks by and sees a figure slumped over the wheel.  He knew whose car it was but he kept walking. V died the next day.

First thoughts are that A and A2 not responsible for P bringing gun because they did not agree on this earlier, question is would it be foreseeable that V would bring a gun. Can be argued that since they were going to assault (imminent apprehension) V that something might happen like V getting a gun and assaulting V (failed battery) or other dangerous weapon. Since the assisted P in getting into house, probably accessory before fact attempted murder.

A2 omission liability for involuntary manslaughter if him helping V would have saved his life. Since V and A's actions created V's accident situation they are liable for involuntary manslaughter through omission liability, and because A2 is a co-conspirator he is liable for the completed act.

Possible FM, they broke in with a weapon, armed burglary, and unintended death occurred. blah blah and other support for that.

Don't know if that helps at all. My mind just went blank for a second thinking about the Pinkerton Rule and all the litle differences between MPC, Federal Law , and Common Law.  Break Time

General Board / Re: Crim Law Questions
« on: December 19, 2005, 08:13:44 PM »
so say you think the accomplice is guilty of either murder or involuntary manslaughter --  why even bring up duty to act if youre charging him with involuntary manslaughter, which doesn't require an act anyway (it just requires recklessness)?

bigpimpin is correct. i was thinkin you were in a common law jurisdiction. in any case, I assumed the common law murder definition. Attempt is all the elements like bigpimpin said.

mp - yeah, i didn't mean "a defense to" (brain is mush after finals). yea sure, adequate provocation mitigates to manslaughter. why cant it mitigate to attempted manslaughter?

the accomplice issue can be argued any way you please. on an exam, i would argue yes, no, maybe, and everything in between. I think you are correct on the causation being a problem. of course, like always there is no answer. Im gonna take a shot and say the accomplice is guilty of murder (by either omission or commission).

A defendant can be an accomplice to an attempt, Being convicted for conspiracy to commit robbery, and attempted robbery. You conspired and attempted robbery.

There is no attempted involuntary manslaughter. Only attempted voluntary manslaughter, which would not deal with a duty to act.

My prof said that omission liability only comes up when you can't make a prima facie case on anything else

General Board / Re: Section Placement - Who Else Got Shafted?
« on: December 19, 2005, 04:44:13 PM »

Moral of the story: Never make decisions about where to attend law school purely based on money without investigating the situation thoroughly first, because they may just be playing a numbers game on you that will result in you paying only one year less worth of tuition to attend your super safety school that you would be paying at any of those tier  1 schools that accepted you.

Wish I had heard this rumor a couple of months ago

Studying and Exam Taking / Re: Which Subject to Screw
« on: December 06, 2005, 09:36:21 PM »
Yeah that was my same thought.

I was also talking with the teacher and a lot of people apparently neglect the class in the first semester and he likes to make them pay for neglecting his class. So I am hoping to master my knowledge of property and get on the higher end of the curve.

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