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Author Topic: Memoirs of a Bar Examinee  (Read 90333 times)

Tony Montana

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Re: Memoirs of a Bar Examinee
« Reply #130 on: June 01, 2007, 10:55:26 AM »
This one is tough.  I will go with C, alternatively D.  Although reasonableness is a requirement, intentional infliction is explicitly stated in the rule for assault/battery. Kermit, handed the defendant a gun and told him it was unloaded.  So, when the defendant pointed the gun at Malcolm and pulled the trigger, he had no intent to inflict harm.

That said, if it is unreasonable to assume that a gun is unloaded without checking it, then intent should be assumed by action.  That is why I'm leaning more to C as tcr.
  
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2Lacoste

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Re: Memoirs of a Bar Examinee
« Reply #131 on: June 01, 2007, 11:26:01 AM »
I never went to crim but lemme see: mistake of law or fact, general or specific intent...mreh.  I'd say C.
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Burning Sands, Esq.

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Re: Memoirs of a Bar Examinee
« Reply #132 on: June 01, 2007, 08:19:18 PM »
Well you all had the right issues:  General Intent crimes v. Specific intent crimes coupled with mistake of fact and mistake of law.

General Intent Crime:  Battery
Specific Intent Crime: Assault (which is what cat is charged with here)

The Mens Rea in General Intent Crimes (Involuntary Manslaughter, Battery, etc) can only be negated by reasonable mistakes of fact, thus the Prosecutor is right about the Battery charge and the Battery charge only.

The Mens Reas in Specific Intent Crimes can be negated by either reasonable or unreasonable mistakes of fact, thus the Defendant is right about applying this standard to the Assault charge but not to the Battery charge.  Unreasonable mistakes of fact won't get him off for battery.

Therefore, the answer combining the two correct answers is A.


Maybe it's just me, but that's a lot to think about in 1.8 minutes.
 :P
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Tony Montana

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Re: Memoirs of a Bar Examinee
« Reply #133 on: June 02, 2007, 08:14:35 AM »
Well you all had the right issues:  General Intent crimes v. Specific intent crimes coupled with mistake of fact and mistake of law.

General Intent Crime:  Battery
Specific Intent Crime: Assault (which is what cat is charged with here)

The Mens Rea in General Intent Crimes (Involuntary Manslaughter, Battery, etc) can only be negated by reasonable mistakes of fact, thus the Prosecutor is right about the Battery charge and the Battery charge only.

The Mens Reas in Specific Intent Crimes can be negated by either reasonable or unreasonable mistakes of fact, thus the Defendant is right about applying this standard to the Assault charge but not to the Battery charge.  Unreasonable mistakes of fact won't get him off for battery.

Therefore, the answer combining the two correct answers is A.


Maybe it's just me, but that's a lot to think about in 1.8 minutes.
 :P

I'm not surprised.  Next time, I think I will at least take a course in the subject matter before I try to figure out the more nuance question(s)  ;)
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A.

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Re: Memoirs of a Bar Examinee
« Reply #134 on: June 02, 2007, 10:07:20 AM »
Well you all had the right issues:  General Intent crimes v. Specific intent crimes coupled with mistake of fact and mistake of law.

General Intent Crime:  Battery
Specific Intent Crime: Assault (which is what cat is charged with here)

The Mens Rea in General Intent Crimes (Involuntary Manslaughter, Battery, etc) can only be negated by reasonable mistakes of fact, thus the Prosecutor is right about the Battery charge and the Battery charge only.

The Mens Reas in Specific Intent Crimes can be negated by either reasonable or unreasonable mistakes of fact, thus the Defendant is right about applying this standard to the Assault charge but not to the Battery charge.  Unreasonable mistakes of fact won't get him off for battery.

Therefore, the answer combining the two correct answers is A.


Maybe it's just me, but that's a lot to think about in 1.8 minutes.
 :P

Wait wait wait.  But if batter is a lesser included offense, don't you have to meet the requirements of that in order to be charged with assault.  Actually, I think I'm thinking of double jeopardy with this lesser included offense stuff.  Still, it makes sense in a logical criminal schema.

iman

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Re: Memoirs of a Bar Examinee
« Reply #135 on: June 03, 2007, 12:40:58 AM »
yay! i got it! i know i didn't post it. but no one else said a and i didn't want to look stupid. sad i know. i really liked crim.   :)

Rudy Huckleberry

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Re: Memoirs of a Bar Examinee
« Reply #136 on: June 03, 2007, 10:43:12 PM »
I think I will like Crim too, Iman. I'm so excited to take it! I loved the death penalty class so Crim should be great great great.

Burning Sands, Esq.

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Re: Memoirs of a Bar Examinee
« Reply #137 on: June 05, 2007, 09:54:45 PM »
yay! i got it! i know i didn't post it. but no one else said a and i didn't want to look stupid. sad i know. i really liked crim.   :)

Sometimes you just gotta go for it and trust your gut.  :)
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LBJFan

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Re: Memoirs of a Bar Examinee
« Reply #138 on: June 06, 2007, 12:37:47 PM »
Just wondering ...

Is anyone else getting their butts kicked by the "Advanced Drills"??

I feel good about myself during the intermediates...then I go to the advanced and I start cursing all the trickery!!!! I'm glad they stated that all the questions on the bar won't be that difficult.

Anyway...Evidence awaits...fun times.

smujd2007

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Re: Memoirs of a Bar Examinee
« Reply #139 on: June 06, 2007, 07:57:02 PM »
I've left the barbri questions alone for now. I am doing PMBR . . . I feel like I learn more from doing those questions.  The barbri explanations of the answers aren't that helpful to me.

I did some of the barbri drills in the beginning, but felt like they were too time consuming for a small benefit.  But that's just me.  :-\

Just wondering ...

Is anyone else getting their butts kicked by the "Advanced Drills"??

I feel good about myself during the intermediates...then I go to the advanced and I start cursing all the trickery!!!! I'm glad they stated that all the questions on the bar won't be that difficult.

Anyway...Evidence awaits...fun times.
smujd2007 is now an Attorney at Law!