MPRE November 2016

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radjo

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Re: MPRE November 2016

Postby radjo » Mon Dec 05, 2016 11:54 pm

Passed with good margin. so relieved. I was panicked when I took the exam, see below. I guess all's well that ends well.
Congratulations to all those who passed! For others I am sure you will get it next time. good luck.
radjo wrote:I couldn't even finish all the questions. I had only 20 questions in first hour. Then I ramped up my speed but still could complete 55. rest 5 just marked random answers. i am sure i will fail this exam. why they don't allow watches? the proctor mentioned the time at 1 hour and then directly at 15 mins. :cry:

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Nonconsecutive

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Re: MPRE November 2016

Postby Nonconsecutive » Tue Dec 06, 2016 12:36 am

Nebby wrote:
msdiiva wrote:Why print? What would you need the printed score for? Is this just in case?

For the refrigerator


That magnet isn't going to use itself.

Yankees1313

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Re: MPRE November 2016

Postby Yankees1313 » Tue Dec 06, 2016 10:01 am

Hi guys, I have a question regarding my PR class and I thought it would be okay to put here. If I as a lawyer know that my client committed a crime for which another person is going to death row for, rule 1.6 says that I can break confidences here. But I have in my notes this conflicts with rule 4.1. Also, where would attorney client privilege fall in?

Thanks!

barkschool

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Re: MPRE November 2016

Postby barkschool » Tue Dec 06, 2016 10:21 am

Yankees1313 wrote:Hi guys, I have a question regarding my PR class and I thought it would be okay to put here. If I as a lawyer know that my client committed a crime for which another person is going to death row for, rule 1.6 says that I can break confidences here. But I have in my notes this conflicts with rule 4.1. Also, where would attorney client privilege fall in?

Thanks!


Nothing in 1.6 says that you can.

Nebby

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Re: MPRE November 2016

Postby Nebby » Tue Dec 06, 2016 10:30 am

Yankees1313 wrote:Hi guys, I have a question regarding my PR class and I thought it would be okay to put here. If I as a lawyer know that my client committed a crime for which another person is going to death row for, rule 1.6 says that I can break confidences here. But I have in my notes this conflicts with rule 4.1. Also, where would attorney client privilege fall in?

Thanks!

There is no answer

Yankees1313

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Re: MPRE November 2016

Postby Yankees1313 » Tue Dec 06, 2016 10:34 am

Wouldn't 1.6b1 allow you to because it is to prevent reasonably certain death or substantial bodily harm?

Nebby

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Re: MPRE November 2016

Postby Nebby » Tue Dec 06, 2016 12:58 pm

Yankees1313 wrote:Wouldn't 1.6b1 allow you to because it is to prevent reasonably certain death or substantial bodily harm?

There is no yes or no answer. The rule is meant to prevent a client who says, "I got my gun and imma go kill this mofo right now, he's at Charlie's house." But it's more difficult whether it is meant to protect the client in your hypothetical (which is based on a real case).

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pancakes3

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Re: MPRE November 2016

Postby pancakes3 » Tue Dec 06, 2016 3:36 pm

The hardest part of PR is to realize that the rules don't necessarily "allow or disallow" a particular action but rather tell you what facts are relevant or irrelevant to how you justify your action or inaction.

You *can* argue that you have a duty to disclose because sending an innocent man to the electric chair is to "prevent reasonably certain death or substantial bodily harm".

But that conclusion is based on a lot of assumptions.

However, you *can't* argue that because your client was capable of committing a capital crime, disclosing information so law enforcement can arrest him in itself will prevent reasonably certain death or substantial harm. You don't know that his capital offense was a violent one (could be treason), and even if it was violent, just because he killed once doesn't mean it's reasonably certain he'll kill again.

Baller31

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Re: MPRE November 2016

Postby Baller31 » Tue Dec 06, 2016 4:25 pm

barkschool wrote:
Yankees1313 wrote:Hi guys, I have a question regarding my PR class and I thought it would be okay to put here. If I as a lawyer know that my client committed a crime for which another person is going to death row for, rule 1.6 says that I can break confidences here. But I have in my notes this conflicts with rule 4.1. Also, where would attorney client privilege fall in?

Thanks!


Nothing in 1.6 says that you can.


A lawyer MAY report a crime if it is reasonably necessary to prevent certain death or substantial bodily harm. However, a past crime reported by a client to an attorney in confidence is protected under the rules of confidentiality. Thus, here since the client "committed" the crime and is not actually about to commit the crime, the crime would qualify as a past crime and be confidential and protected by the attorney client privilege if it were to be used against the client. The distinction between "committed" and "wanting to commit" is very important here. If it were an essay you could probably bring up the bodily harm exception though.

illiniguy1551

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Re: MPRE November 2016

Postby illiniguy1551 » Tue Dec 06, 2016 5:20 pm

Failed first time with a 74 and didnt study went out the night before. Passed second time just doing every Themis practice question with 103. Don't be me, starting my job next week depended on passing haha

JustHawkin

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Re: MPRE November 2016

Postby JustHawkin » Fri Dec 09, 2016 7:44 pm

pancakes3 wrote:SITTING PRETTY AT 87 I'M GOING TO LIVE FOREVER

This is the post of the year.

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Slytherpuff

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Re: MPRE November 2016

Postby Slytherpuff » Mon Dec 12, 2016 2:15 pm

That email saying our scores are now available :lol:

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Nonconsecutive

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Re: MPRE November 2016

Postby Nonconsecutive » Mon Dec 12, 2016 2:20 pm

Slytherpuff wrote:That email saying our scores are now available :lol:


Yeah that cracked me up. I knew it would be slow, but not that slow. I physically mailed something across the country faster than they sent out those emails. :lol:



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