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Author Topic: Memoirs of a Bar Examinee  (Read 89407 times)

A.

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Re: Memoirs of a Bar Examinee
« Reply #90 on: May 21, 2007, 12:36:29 AM »
Hm.  Well I'm going to guess that he doesn't have the mens rea for felony murder.  But he did intend to shoot Belle, so I'm ruling out D too.  So I guess the question is how serious was the arm shooting.  Pretty serious, obviously, and the question asks for the most serious crime, so I'm going to say B.  Alternatively, D.  Then C.  Then A. 


ETA: Now that I think about it, I've never heard of B, so I bet it's D, since that might involve not having the mens rea for murder, yet negligently/recklessly inflicting bodily injury that could lead to death.  So I change my mind and say D.

Burning Sands, Esq.

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Re: Memoirs of a Bar Examinee
« Reply #91 on: May 21, 2007, 12:38:31 AM »
Hm.  Well I'm going to guess that he doesn't have the mens rea for felony murder. 

To that extent, one could argue he doesn't have the mens rea for murder period.
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A.

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Re: Memoirs of a Bar Examinee
« Reply #92 on: May 21, 2007, 12:45:10 AM »
Hm.  Well I'm going to guess that he doesn't have the mens rea for felony murder. 

To that extent, one could argue he doesn't have the mens rea for murder period.

True.  Another reason for me to change my mind (see the above edit).

A.

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Re: Memoirs of a Bar Examinee
« Reply #93 on: May 21, 2007, 12:49:06 AM »
But oh wait!  The insurance scheme.  I forgot about that.  Hmmmm.  That seems too obvious though.  I bet there's some rule about it being a serious felony, which this is not.  I'm sticking with D.

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Re: Memoirs of a Bar Examinee
« Reply #94 on: May 21, 2007, 12:55:25 AM »
Hm.  Well I'm going to guess that he doesn't have the mens rea for felony murder.  But he did intend to shoot Belle, so I'm ruling out D too.  So I guess the question is how serious was the arm shooting.  Pretty serious, obviously, and the question asks for the most serious crime, so I'm going to say B.  Alternatively, D.  Then C.  Then A. 


ETA: Now that I think about it, I've never heard of B, so I bet it's D, since that might involve not having the mens rea for murder, yet negligently/recklessly inflicting bodily injury that could lead to death.  So I change my mind and say D.

Oh, you jedi mind tricked yourself out of the right answer.  Use the force, luke.  It is strong with you.  The answer was B.

But oh wait!  The insurance scheme.  I forgot about that.  Hmmmm.  That seems too obvious though.  I bet there's some rule about it being a serious felony, which this is not.  I'm sticking with D.

They say that this is a "classic" MBE question that is designed to set you up for Felony-Murder since they commit this act of murder during the commission of a felony.  However, the "trick" is that the felony in question here, the false insurance report, is not malum in se. It's merely malum prohibitum so it doesn't trigger felony-murder like robbery or rape or arson would.

According to the bar examiners, there are 4 types of murder:

1. good old fashioned intentional killing with premeditation or deliberation (aka - malice aforethought)
2. intent to inflict serious bodily injury murder
3. felony-murder
4. depraved heart (aka reckless killing) murder

"A lawyer's either a social engineer or a parasite on society. A social engineer is a highly skilled...lawyer who understands the Constitution of the U.S. and knows how to explore its uses in the solving of problems of local communities and in bettering [our] conditions."
Charles H. Houston

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Re: Memoirs of a Bar Examinee
« Reply #95 on: May 21, 2007, 12:59:03 AM »
w00t i got it right!!
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A.

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Re: Memoirs of a Bar Examinee
« Reply #96 on: May 21, 2007, 01:01:06 AM »
Damnit!  Fortunately on the real thing, I hopefully won't have time to overanalyze.  Thankfully, I usually do best on standardized tests when I'm pressed for time (and don't have to draw silly diagrams).

Burning Sands, Esq.

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Re: Memoirs of a Bar Examinee
« Reply #97 on: May 21, 2007, 01:03:30 AM »
I know what you mean. Some of these joints that I got right it was because I didn't have time to think too hard and just went with the gut reaction.  That really helps out with the evidence questions.
"A lawyer's either a social engineer or a parasite on society. A social engineer is a highly skilled...lawyer who understands the Constitution of the U.S. and knows how to explore its uses in the solving of problems of local communities and in bettering [our] conditions."
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smujd2007

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Re: Memoirs of a Bar Examinee
« Reply #98 on: May 21, 2007, 01:11:40 AM »
I missed this one during the exam. >:(  I fell for the trick.

Hm.  Well I'm going to guess that he doesn't have the mens rea for felony murder.  But he did intend to shoot Belle, so I'm ruling out D too.  So I guess the question is how serious was the arm shooting.  Pretty serious, obviously, and the question asks for the most serious crime, so I'm going to say B.  Alternatively, D.  Then C.  Then A. 


ETA: Now that I think about it, I've never heard of B, so I bet it's D, since that might involve not having the mens rea for murder, yet negligently/recklessly inflicting bodily injury that could lead to death.  So I change my mind and say D.

Oh, you jedi mind tricked yourself out of the right answer.  Use the force, luke.  It is strong with you.  The answer was B.

But oh wait!  The insurance scheme.  I forgot about that.  Hmmmm.  That seems too obvious though.  I bet there's some rule about it being a serious felony, which this is not.  I'm sticking with D.

They say that this is a "classic" MBE question that is designed to set you up for Felony-Murder since they commit this act of murder during the commission of a felony.  However, the "trick" is that the felony in question here, the false insurance report, is not malum in se. It's merely malum prohibitum so it doesn't trigger felony-murder like robbery or rape or arson would.

According to the bar examiners, there are 4 types of murder:

1. good old fashioned intentional killing with premeditation or deliberation (aka - malice aforethought)
2. intent to inflict serious bodily injury murder
3. felony-murder
4. depraved heart (aka reckless killing) murder


smujd2007 is now an Attorney at Law!

Burning Sands, Esq.

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Re: Memoirs of a Bar Examinee
« Reply #99 on: May 21, 2007, 01:27:12 AM »
I missed this one during the exam. >:(  I fell for the trick.

Hm.  Well I'm going to guess that he doesn't have the mens rea for felony murder.  But he did intend to shoot Belle, so I'm ruling out D too.  So I guess the question is how serious was the arm shooting.  Pretty serious, obviously, and the question asks for the most serious crime, so I'm going to say B.  Alternatively, D.  Then C.  Then A. 


ETA: Now that I think about it, I've never heard of B, so I bet it's D, since that might involve not having the mens rea for murder, yet negligently/recklessly inflicting bodily injury that could lead to death.  So I change my mind and say D.

Oh, you jedi mind tricked yourself out of the right answer.  Use the force, luke.  It is strong with you.  The answer was B.

But oh wait!  The insurance scheme.  I forgot about that.  Hmmmm.  That seems too obvious though.  I bet there's some rule about it being a serious felony, which this is not.  I'm sticking with D.

They say that this is a "classic" MBE question that is designed to set you up for Felony-Murder since they commit this act of murder during the commission of a felony.  However, the "trick" is that the felony in question here, the false insurance report, is not malum in se. It's merely malum prohibitum so it doesn't trigger felony-murder like robbery or rape or arson would.

According to the bar examiners, there are 4 types of murder:

1. good old fashioned intentional killing with premeditation or deliberation (aka - malice aforethought)
2. intent to inflict serious bodily injury murder
3. felony-murder
4. depraved heart (aka reckless killing) murder




Me too    :P
"A lawyer's either a social engineer or a parasite on society. A social engineer is a highly skilled...lawyer who understands the Constitution of the U.S. and knows how to explore its uses in the solving of problems of local communities and in bettering [our] conditions."
Charles H. Houston