Criminal Procedure (BARBRI) Questions and AnswersCriminal Procedure (BARBRI) Questions and Answers

What is shelter rule? Ans- If you take from a BFP, then you take rights of BFP. Question 4 Owen, the owner of Greenacre, sold it to Alice for 100K. Alice did not record the deed, and left the countr on an extended trip. Owen, seeing an opportunity to make a quick profit, partitioned Greenacre...

A Trust is . . . Ans- A conveying relationship Settlor Ans- Creator of the trust. Can also be called Grantor, Donor, Trustor Trustee Ans- A trustee holds legal title to specific property under a fiduciary duty to manage, invest, safeguard, and administer the trust assets and income for the ...

The plaintiff is suing the defendant for personal injuries suffered when she was struck by the defendant's car. The plaintiff testified regarding the extent of her injuries. The defendant seeks to testify that when she visited the plaintiff in the hospital, the plaintiff said that if the defe...

A solo practitioner who does municipal bond work in a single state is nearing retirement age and takes on a young attorney as a partner. Their partnership agreement provides that the solo practitioner will train the young attorney and will receive 75% of the partnership's net earnings during ...

The defendant was on trial for murder. The defendant called a witness to testify to an alibi. On cross-examination of the witness, the prosecutor asked, "Weren't you on the jury that acquitted the defendant of another criminal charge?" What is the best reason for sustaining an objection to...

A wealthy philanthropist owned a mansion built to his exact specifications, featuring a pipe organ built into the wall of the music room. The organ was impressive, with beautiful hand-carved wood scrollwork. The accompanying bench was made from the same wood as the organ and was carved to matc...

Service of Process (A WASP) Ans- Abode, Waive, Agent, State, Personal Adverse Possession (COAH) Ans- Continuous, Open and Notorious, Actual and Exclusive, Hostile Creation of Affirmative Easements (PING) Ans- Prescription, Implication, Necessity, Grant Termination of Easements (END CRAMP) Ans...

Regulation of the Legal Profession: American Bar Association Ans- No disciplinary authority Membership is Voluntary Regulation of the Legal Profession: "Must" Rules Ans- ABA Model Rules of Professional Conduct (1983) Mandatory Rules Violations are subject to Discipline Displine for Violatio...

Criminal Law Checklist Ans- I. Principles of Criminal Law II. Accomplice Liability III. Inchoate Offenses IV. Common Law Crimes V. Defenses Principles of Criminal Law Ans- Actus Reus Mens Rea Concurrence Causation Accomplice Liability Ans- The accomplice must have acted with intent to ai...

On his 25th birthday, a young man decided to move to State A. He packed his belongings and shipped them to State A to be stored. He intended to drive his car to State A, stay in a hotel until he found an apartment, and then have his belongings delivered to the apartment. As the man drove away ...

4th Amendment: Search and Seizure Ans- Whether search and seizure falls under 4th AM must affirmatively answer all: i. Was the invasion upon an area/item protected by 4th AM ii. Did Government agent 1. Physically intrude protected area/item to obtain information or 2. Violate individual's re...

Formation of a Corp Ans- People, Paper, Act! People: Incorporators - one or more. Must execute/sign the articles and deliver them to the Secretary of State. Can be an individual or an entity. Paper: Articles of Incorporation: a. Articles are a contract between the corp and shareholders. b. An...