My book, Bar Necessities, is a compilation of MOST of the critical rule statements I used to pass the CA and FL bar exams. It does not include state specific law or conflict of laws. ⚠️Not real life and should not be taken literally or as legal advice, nor relied on in any way. The bar exam tests on general legal principles, and actual laws may, and almost certainly do, greatly vary. If you have a legal question you should consult with an attorney. This is just for fun and to help with #barexam and #lawschool purposes only. ⚠️Please Note: bar exams are extremely challenging and these questions are not representative of the overall level of difficulty. While bar exams do include a portion of easier questions, they are a small portion. #lsat #barprep
@becomingsandycohenTranscript
If you're committing burglary and somebody dies of a heart attack, can you be convicted of murder? Let's find out using a bar exam question. Here we go. A woman was committing a burglary in a home. Unbeknownst to her, a man was sleeping in an upstairs bedroom. The man awoke to the sound of the woman rummaging through the home and upon realizing the intrusion became frightened and died of a heart attack. The woman left the home and never learned of the man's presence she has later charged with murder. May the woman be properly convicted. A. Yes, because the death occurred during the commission of a qualifying felony. B. Yes, because she intended to kill the man. C. No, because the woman did not intend to kill the man or D. No, because the woman had no knowledge of the man's presence. So when you're looking at a question that deals with murder, you can't just be thinking of intent to kill. You have to be thinking of intent to kill and tend to inflict serious bodily harm to brave to heart murder and felony murder. And of course, this question is pretty straightforward as testing felony murder. And according to this bar exam rule book that I wrote that has most of the rule statements that I used to pass both the California and Florida bar exams on the first try, which comes out on Sunday. Felony murder is a killing that occurs during the commission or attempted commission of an inherently dangerous felony. And we can remember those general felonies by applying the bark acronym. And we know that the B in bark stands for burglary, which is what she was doing. And for that reason, the answer is A. Yes, because the death occurred during the commission of a qualifying felony.
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