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holy shit there's a fuckload of stuff to memorize for crimlaw
Poast new message in this thread
Date: July 16th, 2012 9:41 PM Author: Green Massive Gaping ny (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103899) |
Date: July 16th, 2012 9:43 PM Author: Soul-stirring Chapel Hairy Legs The degree shit is pretty rough. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103917) |
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Date: July 16th, 2012 9:51 PM Author: misunderstood gaming laptop eh, just memorize the 2nd degree and go from there. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103996) |
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Date: July 16th, 2012 9:52 PM Author: Soul-stirring Chapel Hairy Legs Yeah, I know. It's still annoying. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104003) |
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Date: July 16th, 2012 9:45 PM Author: Territorial Concupiscible Messiness House so youre saying its not like the class? (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103934) |
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Date: July 16th, 2012 9:47 PM Author: hyperventilating institution quick--can you withdraw from being an accomplice? (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103950) |
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Date: July 16th, 2012 9:47 PM Author: Soul-stirring Chapel Hairy Legs Yeah, but you need more than just discouragement. You have to make a substantial effort to undo the effects of your involvement. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103955) |
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Date: July 16th, 2012 9:52 PM Author: crystalline den therapy fuck my ass for still remembering this shit (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103999) |
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Date: July 16th, 2012 10:20 PM Author: Free-loading stirring base giraffe (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104288) |
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Date: July 16th, 2012 10:56 PM Author: Swollen chartreuse pit dog poop depends on state bro. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104728) |
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Date: July 16th, 2012 9:48 PM Author: Green Massive Gaping yes (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103958) |
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Date: July 16th, 2012 9:50 PM Author: misunderstood gaming laptop ya, you have to neutralize the assistance or prevent the crime. in NY, make a substantial effort and you have prove it by POTE. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103985) |
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Date: July 16th, 2012 9:48 PM Author: Green Massive Gaping the worst part is that NY has a different name/specific rule contrary to every fucking common law rule (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103964) |
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Date: July 16th, 2012 9:49 PM Author: Soul-stirring Chapel Hairy Legs It's very MPC based (except it calls purpose intent). (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103972) |
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Date: July 16th, 2012 9:50 PM Author: Soul-stirring Chapel Hairy Legs The whole homicide structure isn't all that appealing either. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21103989) |
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Date: July 16th, 2012 9:52 PM Author: Green Massive Gaping quick explain the difference between aggravated homicide and 1st degree murder (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104002) |
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Date: July 16th, 2012 9:54 PM Author: Soul-stirring Chapel Hairy Legs Isn't aggravated homicide killing a cop in the line of duty whereas Murder 1 is a homicide done with the intent to kill and one of the aggravating factors, e.g., murder for hire? (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104037) |
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Date: July 16th, 2012 9:58 PM Author: misunderstood gaming laptop yeah, you can also get agg. homicide if you're >18 and kill someone <14 in a "cool and wanton manner"
i have no idea what cool and wanton actually means but it makes me want chinese food. i think i'm getting wonton soup tomorrow. |
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Date: July 16th, 2012 9:59 PM Author: crystalline den therapy if you're not sure about "cool and wanton" you should watch more of The Wire (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104087) |
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Date: July 16th, 2012 9:59 PM Author: Green Massive Gaping wrong (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104090) |
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Date: July 16th, 2012 10:01 PM Author: misunderstood gaming laptop since i actually read the statute, nope.
http://law.onecle.com/new-york/penal/PEN0125.26_125.26.html
2. (a) With intent to cause the death of a person less than fourteen years old, he or she causes the death of such person, and the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death. As used in this subdivision, "torture" means the intentional and depraved infliction of extreme physical pain that is separate and apart from the pain which otherwise would have been associated with such cause of death; and (b) The defendant was more than eighteen years old at the time of the commission of the crime.
HTH.
the cool and wanton thing is kind of fuzzy to me but i guess it's just basically torture.
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Date: July 16th, 2012 10:08 PM Author: Green Massive Gaping i asked about aggravated homicide, not aggravated murder (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104182) |
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Date: July 16th, 2012 10:12 PM Author: misunderstood gaming laptop bro, there's no such thing as pure agg. homicide. it's either agg. murder, agg. criminally negligent homicide, agg. vehicular homicide, or agg. manslaughter.
GOOD LUCK IN FEBRUARY |
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Date: July 16th, 2012 9:59 PM Author: Soul-stirring Chapel Hairy Legs What are the enumerated felonies for FM? (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104094) |
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Date: July 16th, 2012 10:02 PM Author: misunderstood gaming laptop BRAKES
burglary robbery arson kidnapping escape sexual assault |
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Date: July 16th, 2012 10:03 PM Author: Soul-stirring Chapel Hairy Legs Yeah-yuh, use them mnemonics.
DOWNFALL SPARERIBS |
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Date: July 16th, 2012 10:10 PM Author: hyperventilating institution 7-11 store clerk pockets $50 from register, believing in good faith that management stiffed him $50 from overtime and that he is owed the money.
guilty of embezzlement? |
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Date: July 16th, 2012 10:12 PM Author: Soul-stirring Chapel Hairy Legs Doesn't he have custody and not possession? (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104211) |
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Date: July 16th, 2012 10:19 PM Author: misunderstood gaming laptop it's fuzzy on that, but the intent is lacking regardless. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104277) |
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Date: July 16th, 2012 10:19 PM Author: hyperventilating institution bingo (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104284) |
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Date: July 16th, 2012 10:20 PM Author: Soul-stirring Chapel Hairy Legs (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104292) |
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Date: July 16th, 2012 10:19 PM Author: hyperventilating institution nah. he's a shift manager and the register is assigned to him. he can even organize the bills however he wants in that shit and make night drops at his discretion. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104279) |
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Date: July 16th, 2012 10:15 PM Author: hyperventilating institution well-known pastor of established church pulls aside congregant and tells him that messiah is coming in 2 weeks and "god will reward those who were generous to their spiritual leaders--especially you if you give me $100 cash right now." congregant gives cash. pastor knew messiah not coming and no spiritual reward would be forthcoming.
what crime, if any?
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Date: July 16th, 2012 10:21 PM Author: Free-loading stirring base giraffe Larceny by trick (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104306) |
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Date: July 16th, 2012 10:28 PM Author: hyperventilating institution wrong (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104363) |
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Date: July 16th, 2012 10:29 PM Author: Soul-stirring Chapel Hairy Legs Is it false pretenses with cash? (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104369) |
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Date: July 16th, 2012 10:31 PM Author: hyperventilating institution fuck if I know, I'm just making this shit up after staring at the elements.
this was designed to be a false pretenses teaser that fails because technically the elements require that the false representation relate to some past or existing fact. "misrepresentation regarding future event is not sufficient." that doesn't really make sense to me and I don't see why it makes sense that this hypo is not false pretenses. |
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Date: July 16th, 2012 10:34 PM Author: Soul-stirring Chapel Hairy Legs Yeah, I've got that outlined. I need to hit the elements harder on the theft crimes, I guess. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104417) |
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Date: July 16th, 2012 10:32 PM Author: misunderstood gaming laptop I think it'd be false pretenses
But keep in mind that in ny, everything is larceny |
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Date: July 16th, 2012 10:23 PM Author: Soul-stirring Chapel Hairy Legs This would be larceny by trick. Pastor might be able to defend on First Amendment grounds, I'd think. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104317) |
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Date: July 16th, 2012 10:28 PM Author: hyperventilating institution wrong
edit: double wrong. stealing shit and mentioning god in the process is protected by 1st Amendment? lulz. Hope you're not taking CA or NY. |
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Date: July 16th, 2012 10:32 PM Author: Soul-stirring Chapel Hairy Legs Obviously if you had the right evidence that the pastor did not believe there would be any such religious occurrence, you'd be fine. It can be rather difficult to procure, and courts are very wary about questioning the sincerity of religious tenets. You are right that they are more willing to do so in the context of fraud, though. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104397) |
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Date: July 16th, 2012 10:38 PM Author: hyperventilating institution fair enough. good essay answer, shitty MBE answer. the hypo said you had that evidence. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104455) |
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Date: July 16th, 2012 10:31 PM Author: Free-loading stirring base giraffe Oof, hit the books bro (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104387) |
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Date: July 16th, 2012 10:36 PM Author: Wine jap brehlet, it's false pretenses. He obtained title as well as possession to dat big faced hundred (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104435) |
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Date: July 16th, 2012 10:37 PM Author: Soul-stirring Chapel Hairy Legs Yeah, I got it. That was just a stupid brainfart. As shown above, the real issue was that it wasn't a false statement concerning the past or present, so it doesn't qualify. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104453) |
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Date: July 16th, 2012 10:42 PM Author: Soul-stirring Chapel Hairy Legs Me and Fish are hanging out in Harlem. Unbeknownst to Fish, I am an undercover NYPD agent. Without any input from him, I come up with a foolproof plan to steal a shitload of money--we're talkin' Biglaw money here--and induce him to commit the crime with me. Fish has a history of criminal activity like this. After some reluctance, he agrees. In preparation for the crime, he steals a gun from some local junkie and meets up with me at the designated time. I proceed to arrest him.
Is Fish guilty of conspiracy? Does he have any defenses? |
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Date: July 16th, 2012 10:46 PM Author: misunderstood gaming laptop Too easy, bro.
He's totes guilty of conspiracy because in NY there's only one guilty mind required for a conspiracy, but he cannot be convicted solely on the basis of your uncorroborated testimony.
He can raise entrapment and the first prong is met because the plan is of your design, but he'll have difficulty meeting the second prong because he will have to prove beyond POTE that he was not already predisposed to committing the crime and the alpha prosecutors will be allowed to introduce evidence of past convictions to show predisposition.
Fish is totes fucked. |
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Date: July 18th, 2012 1:44 AM Author: Histrionic bossy police squad half-breed What is POTE? (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21113108) |
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Date: July 18th, 2012 10:29 AM Author: misunderstood gaming laptop preponderance of the evidence; NY requires Ds raising an affirmative defense to prove it. (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21114142) |
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Date: July 16th, 2012 10:45 PM Author: hyperventilating institution Sabu, frustrated with his poor mastery of criminal law materials, goes to the store and buys 5 gallons of lighter fluid. He returns to his home--a tent-cabin in a heavily wooded area--which he shares with a roommate. In a rage, he sets fire to the woods surrounding the tent-cabin. The flames lap at the structure, blackening the entire exterior and causing extreme discoloration. Alarmed, the roommate runs out of the tent-cabin, jumps into his car, and peels out. A speeding bus t-bones the car just as it exits the driveway, killing the roommate instantly.
What crimes, if any, did Sabu commit? |
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Date: July 16th, 2012 10:49 PM Author: Soul-stirring Chapel Hairy Legs Scorching isn't enough for arson.
Second degree manslaughter. Maybe criminally negligent homicide. |
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Date: July 16th, 2012 10:55 PM Author: Soul-stirring Chapel Hairy Legs (http://www.autoadmit.com/thread.php?thread_id=1996080&forum_id=2#21104706) |