Here's a law school exam question, have fun with it!

[GeekyPenguin]

Originally Posted by justdanny

I've only been in law school for 2 whole weeks so bear with me!

I think this is a trick question. As we all know there are two factions of law in America, civil and criminal courts. The main difference I would say is the type of standard of proof that they use to decide their cases.

In Criminal law, as we all know from movies and Law & Order, the PROSECUTOR must prove beyond a reasonable doubt that a person is GUILTY. In Civil law the PLAINTIFF'S council must only win by the preponderance of evidence showing that the defendant is LIABLE.

Lets look at the question again, shall we? " The question is this. Will John be held liable for attempted murder and violent assault even though the body was already dead?"

I believe the answer is NO, because a person will not be held liable for a criminal matter just the same way that someone is not going to be found guilty for a civil one. That's the best I could after 3 Torts classes since I haven't taken Crim Law yet...

Council = a group or assembly, like a student council.
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!

[KSigkid]

Originally Posted by GeekyPenguin

Happy gunning!

This reminds me, I found one of the rarest species of gunners in one of my classes - a 3L gunner. It's hilarious and sad at the same time.

[GeekyPenguin]

Originally Posted by KSigkid

This reminds me, I found one of the rarest species of gunners in one of my classes - a 3L gunner. It's hilarious and sad at the same time.

Oh, that's great! We had a couple of those last year - and one of them was in a seminar class. The professor actually had to devise this system where you got a yellow index card for the first time you talked, a blue one for the second time you talked, and once you had lost your cards you couldn't talk again until everyone else was out of cards. It reminded me of fourth grade and it still didn't shut him up.

[KSigkid]

Originally Posted by GeekyPenguin

Oh, that's great! We had a couple of those last year - and one of them was in a seminar class. The professor actually had to devise this system where you got a yellow index card for the first time you talked, a blue one for the second time you talked, and once you had lost your cards you couldn't talk again until everyone else was out of cards. It reminded me of fourth grade and it still didn't shut him up.

That is a fantastic system; I wish some of the professors at my school used it.

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.

[legalrights]

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.

[Kevin]

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.

[KSigkid]

Originally Posted by legalrights

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.

Bravo...this is a fairly decent attempt at spamming.

[dekeguy]

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!

[RU OX Alum]

Originally Posted by Kevin

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.

is that OK law or U.S. code? Is there U.S. code for murder/manslaugther/killing another human? I'm full of questions today, sorry.

[Kevin]

Originally Posted by RU OX Alum

is that OK law or U.S. code? Is there U.S. code for murder/manslaugther/killing another human? I'm full of questions today, sorry.

It's common law, I think.

Probably MPC and Oklahoma as well though.

[CutiePie2000]

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.

[Kevin]

My answer is right. Valkyrie's goes into better detail as to why.