Bar Exam Latest Update with Verified Solutions

Bar Exam Latest Update with Verified Solutions First Degree Murder Deliberate and premeditated murder, or felony murder Second Degree Murder Murder with malicious intent, the intent to kill, the intent to do great bodily injury, or a depraved-heart murder Common Law Murder Unlawful killing of a human being with malice aforethought Malice Aforethought Intent to kill, intent to do serious bodily injury, felony murder, depraved heart murder Voluntary Manslaughter Murder committed in the heat of passion Involuntary Manslaughter An unintentional homicide committed with criminal negligence or during an unlawful act Arson Malicious burning of the dwelling of another Burglary The breaking and entering into the house of another with the intent to commit a felony therein False Pretenses Obtaining title to another's property by false statements of a past or existing fact with the intent defraud Larceny by Trick Obtaining possession of another's personal property by using false statements of past or existing fact Robbery wrongful taking of another's property from his person or presence by force or threat of injury, with the intent to permanently deprive False Imprisonment The unlawful confinement of a person without their consent Kidnapping The unlawful confinement of a person without their consent coupled with movement or hiding of that person Co-Conspirator Liability Each conspirator is liable for co-conspirators' crimes that are foreseeable and committed in furtherance of the conspiracy Larceny taking and carrying away of another's personal property without consent and with the intent to permanently deprive them of it Voluntary Intoxication Defense a defense to specific intent crimes, intentional taking of a known intoxicating substance Conspiracy An agreement between two or people with intent to enter into that agreement, commit the target crime, and completion of an overt act in furtherance of that crime Extrinsic Evidence to Impeach extrinsic evidence may not be used to impeach a witness Co-Defendant Statements The Confrontation Clause bars admissions of an out of court statement by a non-testifying co-defendant if the statement expressly implicates another defendant Learned Treatises Experts can rely on learned treatises on direct exam or can be impeached by learned treatise on cross exam. If admissible, the statements from the learned treatise can be read into evidence only. Business Records Exception A record of an act or event made in the course of regularly conducted business is admissible if authenticated by a custodian. Spousal Immunity Privilege In a criminal case, a married witness may refuse to testify against a spouse during marriage. Marital Communications Privilege Communication between spouses while they were married made in reliance on the sanctity of marriage that may be invoked by either spouse. Evidence of D's character in criminal cases the defense may introduce pertinent good character traits based on reputation or opinion testimony only D's Prior Bad Acts In a criminal case, once the D opens the door, the P can rebut during cross-x with D's prior bad acts or reputation or opinion testimony of D's bad character Hearsay exceptions requiring declarant unavailability former testimony, dying declarations, statements against interest Impeachment by prior bad act a witness may be questioned on cross examination about any prior misconduct probative of truthfulness Impeachment by reputation or opinion testimony a witness may be impeached by testimony describing reputation or opinion testimony for untruthfulness Impeachment methods cripps - contradiction, reputation, interest/bias, prior inconsistent statement, prior bad act, sensory deficiency Character evidence in civil cases Character evidence is generally inadmissible but admissible if character is an essential element of a claim or defense Specific Instances of Defendant's prior bad acts In criminal and civil cases, admissible to prove MIMIC - motive, intent, mistake, identity, common plan or scheme Hearsay Exemptions APPP - Admission by party opponent, prior inconsistent statement under oath, prior consistent statement, prior statement of ID Non-Hearsay uses of out of court statement MELK - state of mind, effect on the listener, legal significance, speaker's knowledge Mutual mistake A contract is void if both parties are mistaken about an underlying material fact at the time of contract formation and the affected party did not assume the risk of the mistake Common Law Mirror Image Rule Acceptance must mirror the offer UCC Last Shot Rule Under the UCC, if both parties are merchants, the last shot applies unless it materially changes the contract Common Law Modification Modification is ineffective without consideration UCC Modification No consideration is necessary but subject to statute of frauds Common Law Substantial Performance If there is substantial performance by one party to a contract, the other party must perform UCC Perfect tender rule A buyer is not required to pay for goods unless the seller makes perfect tender of the goods UCC Firm Offer rule No consideration is required for a merchant's firm offer Consideration A bargained for legal detriment incurred by each party to a contract by promise, forbearance, or performance Promissory Estoppel Equitable Conversion equitable title to real property passes to the buyer upon entering the contract, even though the seller retains legal title. Admissibility of Character Evidence Character Evidence is not admissible to prove that the person who acted in conformity with that character trait Assault An attempt to commit a battery or intentionally placing another in apprehension of imminent bodily harm D's Admissible Prior Bad Acts Prior acts are admissible to prove MIMIC MIMIC Motive Intent Mistake Identify Common Plan Easement A non-possessory property interest that confers a right to use another's land Easement by Prescription Easement by adverse possession Easement by Implication Easement implied based on prior use by a common grantor on land subsequently divided into multiple plots Easement by Necessity Easement arises when access to or from a property is impossible without the easement Public Forum Government property normally held open for speech, like streets, public parks. Restrictions must be viewpoint neutral, narrowly tailored to serve an important interest and leave open alternative channels of communication. Designated or Limited Forum Government voluntarily opens a space under its control to speech, such as civic auditoriums, publicly owned theaters, or school classrooms that the public is allowed to use after-hours. Restrictions must be viewpoint neutral, narrowly tailored to serve an important interest and leave open alternative channels of communication Non-Public Forum Spaces normally closed to the public, such as government offices, schools offices, jails, and military bases. Restrictions must be viewpoint-neutral and reasonably related to a legitimate governmental interest. Equal Protection Suspect Class Race, alienage, national origin Equal Protection Quasi Suspect Class Gender, illegitimate children Will Formalities Writing, Testamentary Intent, Witnesses Revocation of a will Subsequent will, physical act, operation of law Demonstrative Gift A testator intends that a demonstrative legacy be paid from a particular source, but if that source is insufficient, then he directs that the legacy be satisfied out of the general assets of the estate. Lapse If a beneficiary dies before the testator, the gift lapses and goes to the residuary Res Judicata A party that has had an opportunity to litigate a claim cannot relitigate the claim after final judgment Collateral Estoppel Prevents relitigation of particular issues of fact or law that have been actually litigated and previously determined. Preliminary Injunction RINSB