Send us a text message and we will reply very quickly. I used this book while studying for the bar and passed the bar. 76 0 obj
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Thus, the porch is within the fenced-in area and establishes that the porch is part of the dwelling. However, the defense will argue that JB did not form the intent to commit larceny at the time of her entry.
The only element that may be problematic is the intent to commit larceny. Find all the books, read about the author, and more. We recommend that you take this exam only after you have completed your study of Rape, Murder and related issues. Nighttime is defined as the time just after sunset and just before sunrise. The fact that JB’s actions took place at 10:00PM satisfies the nighttime requirement. This should be your first source of practice materials. Entering is established where some part of the body of the D enters, or an implement that is used to effect the entry must enter.
So a military defense contractor using a taser on an eggshell extraterrestrial being in Antarctica, while far-fetched, could still be rationally analyzed under the right legal frameworks. Chapman University, Fowler School of Law. Something went wrong. The factual and legal arguments (above) are narrowly tailored to address the probable outcome under the common law. #
There are single issue problems and multi-party, fact-laden hypotheticals. You can find some IHS-related materials here.
But you want to be among those other 10% who saw both the issues you identified as well as any other legal theories that could throw JB behind bars. 1. For each multiple-choice question, Professor Nagle provides a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. The element of entering is further established when JB entered the porch without Geraldine Johnson’s (GJ) consent. Reviewed in the United States on July 5, 2008. Reviewed in the United States on May 13, 2013. Arguments: First set forth the the factual arguments both parties will make to achieve their goals (e.g., the State’s goal to convict JB and JB’s goal to avoid criminal liability). Based the facts given, the intent to commit larceny has been met. Understand better what you're learning in Property class and prepare effectively for exams by applying concepts as you learn them.
Remember, when a prosecutor charges a person with a crime, they usually charge them with counts of all the offenses they think they committed — as well as any lesser included offenses in case the main charges don’t stick. I enjoy 1L common law courses and have taught Contracts, Property, and Torts. I wanted to have something in addition to E&E's to use for review, so we bought the Q&A for crim pro and for property. Book was very helpful.
The facts also state that it was not until JB was inside the porch when she fully formed the intent to steal the TV and VCR. Compare the related legal principles and precepts. It is common knowledge that the fence and the door serve as boundaries to separate the homeowner’s private life from the public. For these questions, Professor Nagle provides a thoughtful, comprehensive, yet brief model answer. The rationale of this element is to protect homeowners when they are the most vulnerable. endstream
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Even if you miss the “attempt” charge, by following our advice your professor will better see the steps in your analysis — hopefully resulting in a higher grade than the rest of your classmates who discussed the same issues in a much less structured format. Enter your mobile number or email address below and we'll send you a link to download the free Kindle App. (C) 1996-2017 Tom W. Bell. In my area of specialization, high-tech and IP law, I teach Intellectual Property Law, Internet Law, Entertainment Law (both domestic and international), International Intellectual Property, and an Advanced Seminar in Copyright Law. Thus, JB’s conduct of breaking across the boundary satisfies the element of breaking. This is a time when most people are asleep.
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