BarBri

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 aid or encourage the principal. More than One Party Parties: Principal, Accomplice, Accessory After the Fact Defense of Withdrawal Parties Ans- Principal, Accomplice, or Accessory After the fact...

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 Violation of "Must" Rules Ans- 1. Reproval 2. Suspension 3. Disbarment Reproval Ans- Censure or reprimand Mild Discipline Public or Private censure/reprimand Suspension Ans- Prohibited from practic...

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- Estoppel, No Necessity, Destruction, Condemnation, Release, Abandonment, Merger, Prescription Statutory Rights of Surviving Spouse (HEF) Ans- Homestead Allowance - $15,000 Exempt Personal Prope...

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 match the patterns on the organ. The bench was fully movable and could be slid into a niche beside the organ when not in use, although the philanthropist usually left the bench in front of the organ...

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 this question? AThe question goes beyond the scope of direct examination. BThe probative value of the answer would be substantially outweighed by its tendency to mislead. CThe question is a lead...

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 first three years, and that the young attorney will receive the remaining 25%. The agreement also provides that if the young attorney leaves the partnership before the end of the first three...

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 defendant paid all of her medical bills and gave her $25,000, she would not institute legal proceedings. The plaintiff's attorney objects to the offered testimony. How should the judge rule on the a...

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 benefit of designated beneficiaries. What are the basic classifications of Trusts? (2) Ans- (1) Express Trusts (2) Operation of Law Trusts What are the kinds of Express Trusts? (3) Ans- 1. Priva...

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 and sold the front half, Frontacre, to Bert in exchange for 50K. Bert, who knew nothing about Alice's interest in the property, promptly recorded his interest. Two months later, Bert sold Fron...