Monday, July 16, 2007

2004 July Essays Memo

Q1. Criminal Law ( 3 people commit robbery, one got killed by the victim. someone else helped the left 2 to escape.)
  • murder: killing/malicious aforethoughts
  • 1st degree murder: premeditation/delibration
  • 2nd degree: murder other than 1st degree/IM/VM
  • felony murder: common law/ modern law---> inherently dangerous
    • co-felon's death
  • involuntary manslaughter: criminal negligence
  • voluntary manslaughter: passion/provoked/short period of time/no time to cool off
  • conspiracy: double intents/overt act
  • extortion ( black mail): obtaining property by means of threats
  • assessory after facts:adds to escape knowingly she is a felon


Q2. Constitutional Law ( No begging)

  • Stadning: causation/redressibility
  • State Actoin
  • 1st Amendment right: free speech
  • vaugeness: don't know what is prohibited
  • overbroadth: substaintially prohibited protected speech
  • contect-based: presumptively illegal
  • contect-neutral
  • time/place/manner
  • public forum/designated public forum:
      • content neutral
      • narrowly tailored
      • alternative forum available
  • private forum: contant neutral/legitimate gov intrest

  • Q3. Wills/Trusts

    • choice of law
    • attested will elements
    • interested witness
    • intestate distribution
    • trust element
    • Is truetee necessary?
    • Is beneficiary ascertable?
    • If the trust fails, cy pres?
    • pretermitted child, exception
    • adopted child

    Q4. Evidence

    • logical relevance: more/less probable
    • legal relevance: probative/prejudicial
    • personal knowledge
    • hearsay
    • statement: laughing?
    • state of mind
    • admission by the other party
    • statement against interest
    • judicial notice
    • notorious: common knowledge
    • manifest: easily ratified from authority
    • criminal case: Fed and CA difference
    • best evidence rule
    • leading question @ cross exam
    • assumed facts in the question
    • juror's independent research
    Q5. PR

    • Former government lawyer
    • Solication
    • in hospital
    • use runner/compensation to the runner
    • Duty of Fairness to 3rd Party
    • Contact with people represented by counsel

    Q6. Torts/Remedies

    • wrongful death: medical bills/lost wages/sex/consortium
    • lost wage: present value/inflation
    • negligence
    • eggshell-skull
    • remedy analysis: certain/forseeability/unavoidable

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