Additionally, because of policy concerns behind common law burglary, JB will probably be found guilty. The only element that may be problematic is the intent to commit larceny. Do not go over the time limit.

I enjoy 1L common law courses and have taught Contracts, Property, and Torts. This demonstrates to your professor: (a) you learned the Model Penal Code and (b) you understand how it sometimes differs from the common law. While each question is grounded in doctrine and the evaluation sheets identify the relevant rules, you must answer the questions according to the law as presented by your professor. The majority of the public sleeps during the nighttime. h��V�n7�>&h��ex�X���l�. Conversely, because a case must be dismissed as a matter of law if the prosecutor cannot establish its prima facie case, the JB’s best defense is to make factual arguments that show how the State cannot establish every element of its theory. Rule: At common law a person commits a burglary when: (a)__________, (b)__________, (c)_________ , and (d)________________. Here’s another little hint: whenever analyzing a Criminal Law hypothetical question, always break out each specific crime and then ask yourself, “if the Defendant is successful in her argument(s) — and is not convicted of the crime — could she be successfully prosecuted for an ‘attempt’ of that offense?” That is why I mentioned earlier that there might be a third dispute you can analyze on these facts — whether JB can be convicted of attempted burglary or attempted larceny. 2. Prime members enjoy FREE Delivery and exclusive access to music, movies, TV shows, original audio series, and Kindle books. Conclusion: Pick who has the stronger argument(s) and conclude. During the 2000-01 academic year, I taught at the University of San Diego She then loaded all of the porch furniture onto the back of her pickup truck. She climbed through the window, but heard a noise and left hurriedly instead. Hypothetical Question At 10:00 p.m., while Geraldine Johnson was at the movies, Jessica Brown climbed the high fence surrounding Geraldine’s home and entered the porch through an unlocked porch door. When you examine any exam hypothetical — especially complex fact patterns with many actors — always try to structure your answer by dispute. I contemplate that the ultimate exam instructions will be substantially similar to these instructions, however, I reserve the right to change these exam instructions in any way. Examples of daily duties are cooking, use of the bathroom and sleeping. College of Law; Faculty: Jimenez-Contracts; Contracts I and II: Past Exams and Answers. We don’t share your credit card details with third-party sellers, and we don’t sell your information to others. Understand better what you're learning in Property class and prepare effectively for exams by applying concepts as you learn them. A way that top students often distinguish their answers from those of their classmates, is by pointing out the policy reasons for a rule, the policy reasons for changing the rule, and/or the positive (or negative) impact a finding in favor of one party may have on future cases. I used this book while studying for the bar and passed the bar. I ended up with the highest grade in the class. You're listening to a sample of the Audible audio edition. The porch is considered part of the dwelling because the facts state that JB had to climb over a high fence before she entered the porch. For example, you might consider responding as follows: DISPUTE #1: Whether the State can find JB guilty of burglary under the common law when she entered the porch area of GJ’s home and removed the furniture contained therein? This lesson is designed to be used late in the semester by students and in discussion groups of two or three, where the reasoning can be aired before answering. But you want to be among those other 10% who saw both the issues you identified as well as any other legal theories that could throw JB behind bars. GIVEN LAW: Burglary is the breaking and entering of a dwelling of another at night with the intent to commit larceny. The student is expected to determine the correct answers by reasoning from hypothetical facts through the applicable precepts and principles, rather than merely being able to identify the rules that apply. You start out your answer by stating one dispute: “Whether JB may be guilty of a burglary?” By framing your answer in such broad terms, you struggled to make your analysis coherent. Fulfillment by Amazon (FBA) is a service we offer sellers that lets them store their products in Amazon's fulfillment centers, and we directly pack, ship, and provide customer service for these products. 91 0 obj <>/Filter/FlateDecode/ID[<0340BAF9FA9C754BA63F784F1B27C006>]/Index[76 29]/Info 75 0 R/Length 82/Prev 295488/Root 77 0 R/Size 105/Type/XRef/W[1 3 1]>>stream # Arguments: Once again, identify all the factual, legal, and policy arguments regarding JB’s entry into the house (e.g., was there requisite intent to commit larceny, when was that intent formed, whether there was a “breaking” since the window was already open, etc.) Fully attributed noncommercial use of this document permitted if accompanied by this paragraph. You and your study partners could create a better set of questions and answers. This is a time when most people are asleep. Enter your mobile number or email address below and we'll send you a link to download the free Kindle App. Give yourself 90 minutes to complete this exam. So, for example, JB will argue that the porch does not constitute a “dwelling” as defined by the law; the State on the other hand will employ the doctrine of “curtilage” (another legal test) to show that the porch area does in fact constitute a dwelling. Instructions: Read the following fact pattern, and answer the question. The third issue is whether the porch is a dwelling. Consequently, there might be differences in emphasis and approach in your answer as opposed to the provided checklist. Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. If necessary, review the Property Rules of Law before starting this exam. To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. Find all the books, read about the author, and more. At 10:00 p.m., while Geraldine Johnson was at the movies, Jessica Brown climbed the high fence surrounding Geraldine’s home and entered the porch through an unlocked porch door. Apply major property related legal principles and precepts to factual situations, to ascertain the most probable resolution to the problems presented. I believe that you have supplied an answer that could result in a “B” had this been an actual exam. DISPUTE #2:Whether the State can find JB guilty of burglary under the common law when she entered the open window of GJ’s home? There are books with far better questions and answers out there. Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. Remember, you want to draft answers that are easy to read. 1996, Property I Multiple Choice Practices Quizzes and Answer Keys, Multiple Choice Practices Quizzes and Answer Keys. The intent to steal the TV and VCR was formed after the entry. 104 0 obj <>stream Your law professor expects an exam answer that is a well-reasoned, well-organized, articulate analysis of the relevant rules of law with respect to the facts. The facts state the chain of events took place at 10:00 PM. Because JB’s intent to commit larceny was formed after the entry, the defense will argue that intent element had not been satisfied. Business Organizations Final Exam, Spring 1999, Agency and Partnership Final Exam, Fall The fact that JB’s actions took place at 10:00PM satisfies the nighttime requirement. Finally, in another paragraph set forth the policy arguments, if any, that either side can assert.

Also, if JB has a defense she can assert, you would want to include that as well. Each question is followed by an evaluation sheet to allow you to evaluate your work. The student is expected to determine the correct answers by reasoning from hypothetical facts through the applicable precepts and principles, rather than merely being able to identify the rules that apply. Access to CALI Lessons is restricted to people affiliated with, Resources for Law Faculty On Teaching and Coronavirus / Covid-19, CALIcon - CALI Conference for Law School Computing, Judicial Ethics and Conduct- Chapter 2 Review Questions, Torts: Cases, Principles, and Institutions, First Amendment: Cases, Controversies, and Contexts. If you're a seller, Fulfillment by Amazon can help you grow your business. Once as we went through the topics and then again right before finals. Would not recommend. 4. We work hard to protect your security and privacy. The exam covers concepts derived from the assigned reading and class discussions. You should note that many of the “definitions” you supplied (above) are actually legal tests for establishing elements. %PDF-1.5 %���� [/av_textblock]. 1. Because elements are simply factual circumstances that, combined, establish a legal rule or theory, you must identify the facts that the State will rely on when arguing that JB committed burglary of the porch area. It is common knowledge that the fence and the door serve as boundaries to separate the homeowner’s private life from the public.

Here is a prototype of the exam instructions I anticipate using for a property law final examination. Even if you miss the “attempt” charge, by following our advice your professor will better see the steps in your analysis — hopefully resulting in a higher grade than the rest of your classmates who discussed the same issues in a much less structured format. The law school exam universe is filled with outlandish hypotheticals, but even the most unrealistic scenario is still designed to allow for legal analysis. Hi there!

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