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Counsel = an advisor, like a lawyer. Spelling counts in law school. So does not writing like you did just now. Some attorneys might also argue that a more serious difference between civil and criminal courts is that one has the ability to deprive people of their liberty. Happy gunning! |
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I'm in a 4-year program (evening students do 4 years instead of 3), so I'm interested to see if I can find a 4L gunner. |
Here's a law school exam question, have fun with it!
I hadn't really intended to take a blogging break while I was on break. It just worked out that way.
But now it's time to head back. The line-up for this semester: Criminal, Constitutional, Labor and Intro to IP. I'm pretty excited about the line-up. The crim reading was more interesting than I expected and everything else looks pretty good. I got out my job search letters and bought a new suit. Now I just need someone to offer me an interview. Basically, I'm ready to go back. Refreshed and well-rested. And the Eagles won today, so I'm in a good mood. |
He's guilty of attempted voluntary manslaughter or murder depending upon whether he was adequately provoked or had the time to cool off.
For attempt, a factual impossibility, e.g., the victim already being dead, is not a defense. All you need is the intent to do the specific bad thing and a significant step in that direction. |
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What I find interesting is the phrasing of the question. Specifically, "WILL John be held liable ... ?"
The answer to that question is 'We do not know!' The question should read "CAN John be held liable?" That presents a very different situation. One cannot presume to know the result of a jury decision in a jury trial or a judge's finding in a summary trial. One can consider whether or not the charges are possible. This would depend on the laws in force in the jurisdiction in question. Just to add one small wrinkle, before you can have a murder you must first have a homicide. Once you have a homicide you can determine whether the circumstances support a charge of murder or some lesser derivative charge or charges. There are unfortunately several "correct answers" again depending on circumstances and jurisdictions. First thing to ask, is there a homicide? If yes follow the obvious path to determine what fits the circumstances. If no then are other charges possible? If there are do they apply to the basic query posed by this law school exam question. Have fun! |
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Probably MPC and Oklahoma as well though. |
Even though this thread originated 8 years ago, was there a possibility that "Heart Attack Man" could have been revived with a defibrillator by paramedics before Gun Man pumped the guy full of lead and snuffed that possibility?
Can the guy be charged with performing an indignity to a dead body by pumping the guy full of lead? (Yes, I realize that, at the moment of the lead-pumping, he was not aware that guy was already dead). What was the answer in the end? I didn't read every response. Tell me what page of the thread, if the answer is, in fact, posted. |
My answer is right. Valkyrie's goes into better detail as to why.
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