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  #35  
Old 08-10-2009, 11:13 AM
dekeguy dekeguy is offline
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Join Date: Feb 2002
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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.
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