Share
BarExamBar Exam Group
AttorneyAttorney Group
Law SchoolLaw School Group
Off TopicOff Topic Group
  • Login
  • Sign Up
All4JDs
  • Home
    • Members
    • Summary
  • groups
  • buy-sell
  • videos
  • donate
  • jobs
  • UPLOAD
    • Bar Exam Outlines
    • Law School Outlines
    • MPRE Outlines
    • Books To Sell
    • Video - Media
Bar Exam Group
Law School Group
Attorney Group
Off Topics Group
Minimize


Minimize
Unanswered Active Topics Forums Search
Bar Exam
Sort: AddThis - Bookmarking and Sharing Button

PrevPrev NextNext
Add ReplyAdd Reply

Sub: case squib questions
Author: matchalatte [21813]
05 Feb 2010 11:07 AM
QuoteQuote ReplyReply
matchalatte

Does anybody have tips on how to extract the correct principles for these questions where they ask you to select the case which would be most applicable as a precedent?

I don't seem to be extracting the correct precedents. What would you extract from the following? (from Barbri mdr)

(a) C v M – Two Brothers see a wealthy neighbor's pedigreed dog on the street. They take the dog home, intending to concel it until the owner offers a reward. Held guilty of larceny
(b) S v S – Two young men saw a motor car on the street with the keys in the ignition lock They drove the car to a neighbouring town with the intention, they said, of visiting the wife of one of them. The car was wrecked on their way back. Conviction of larceny reversed.
(c)P v N – Defendant, a tenant of a city apartment, advertised it for sublease. Will agreed to sublease for 3 month, and on March 12 paid Defendant $550, the total agreed rental. Will was to receive possession on March 20, but possession was never given to him. Held, not guilty of common law larceny.
(d) K v P – From a stablekeeper, defendant hired a horse to go to Sutton and back, saying he would be back at 8pm. He did not return. Investigation showed that Defendant had given a false address, and that he had sold the horse the same day. Conviction of larceny affirmed.

Thanks!

13389
Author: larceny [21813]
05 Feb 2010 11:49 AM
QuoteQuote ReplyReply
larceny

larceny is specific intent crime, i.e., one intended to permanently deprive legal owner from money or chattel

dog case: thieves wanted deprive owner of the dog of his money by "selling " him back his dog

car case: no intent to deprive forever, but for a joy ride, no intent to steal and not to give back

24980
Author: larceny [21813]
05 Feb 2010 11:58 AM
QuoteQuote ReplyReply
larceny

for larceny, since it is specific intent crime. Mens Rea is crucial.
it is element of crime to be proved as existed simultaneously with Actus Reus.
for lease case: took money and did not give possession later
horse case: gave false address at the time of taking horse evidence of intend to steal

24982
Author: matchlatte [21813]
05 Feb 2010 12:56 PM
QuoteQuote ReplyReply
matchlatte

thanks for that!

with the horse case - what bearing does the false address have?

This was one of the following questions -
Harris, a heroin addict, broke into a home and took several cameras and watches, which he promptly pawned to obtain cash with which to purchase a 'fix'. Harris was later charged with larceny of the cameras and watches.

The answer for this was that it use the dog case as precedent, rather than the horse case (my original answer).

I thought the pawning of the items showed intent to permanently deprive the owner of the items, similiar to the horse case?

24983
Author: Marsha [21813]
05 Feb 2010 04:22 PM
QuoteQuote ReplyReply
Marsha

Intent is the issue in all of the examples. As for the false address, that shows the intent that he had for a larceny by false pretenses, or something like that. He intended to keep the horse because if not, he would not have given a false address. In the crimes like larceny, burglary (...with the INTENT to commit a felony within....) make sure that the intent is there, otherwise, no crime. Or at least, not that crime.

24991
Author: larceny-belandrei [21813]
05 Feb 2010 05:41 PM
QuoteQuote ReplyReply
larceny-belandrei

make sure you understand dif among larceny, false pretense and larceny by trick

horse case it was rather larceny by trick (rent horse w/o getting the title) gave bunch of crap to get the horse
with dog, boys took the dog w/o talking to the owner (oner did not give them custody-possession of the dog)
likewise, drug addict took thing to sell them to get his fix
if you need help with differential diagnosis among theft crimes, ask for more explanations, PMBR has table with summary of elements for larceny crimes

24993
Add ReplyAdd Reply

Bar Exam

Active Forums 4.2
Close

Follow all4jds.com on twitter    Follow all4jds.com on facebook    Follow all4jds.com on LinkedIn   
Manage Subscriptions
Practice Scantron MBE
Help Promote All4JDS
Invite Classmates
FAQs & Terms of Use
MBE/Essay Practice Timer
Contact - Feedback

Bar Exam Resource

Bar Course Reviews

Bar Exam Blogs

Bar Exam Outlines

California Bar Exam Essays

Bar Exam Essay Frequency

Bar Exam Mnemonics

New York Bar Exam Essays

Massachusetts Bar Exam Essays

Sample Bar Exams (all states)

MPRE Outlines

MBE Tips-Practice Qs

Link Exchange Partners

Law School Resource

ABA Law Schools

California Baby Bar Essays

Law School Outlines

Law School Flashcards
ABA Law Schools

California Baby Bar Essays

Law School Outlines

Law School Flashcards
Books for Sale

Title: 2008 Complete Barbri Set & PMBR Materials
Price: $600.00
State: California




Title: BarBri, PMBR, FINZ, RIGOS, Cheat sheet, Emerson & more - $1500
Price: $1,500.00
State: CA




Title: BEST CURRENT CONCISE CA BAR EXAM OUTLINES TO PASS THE CA BAR !!!!!
Price: $19.99
State: California




Title: Barbri
Price: $200.00
State: CA




Title: Various
Price: $350.00
State: California



Click here for more..
Minimize
Online Directory of US Attorneys
Copyright 2009 by All4JDs.com aka AllForJDs.com and JDJinx.com Sign Up • Login
);