missinglink wrote:HETPE3B wrote:locusdelicti wrote:The Supreme Court's decision on Monday in Salinas v. Texas has changed things regarding using silence against a criminal defendant. Are we to apply it to our answers, or no? Anybody know?
Was wondering same thing about other upcoming decisions that are likely to change the current law (gay marriage, affirmative action).
Do bar examiners simply avoid asking questions in these areas or are they fair game?
I find it impossible to believe that we have to incorporate law that just came down. Questions and answers to bar questions have already been written and vetted. To just change an answer at this point to incorporate new law seems impossible.
It also seems like the bar, if it wants to be a test of minimal competency, would want to avoid controversial or new subjects. Controversial or new subjects can be highly nuanced, possibly to the point that the graders themselves cannot either 1. agree on the correct answer or 2. do not know the answer.
In contrast, asking questions about the elements of larceny by deceit are easier to test because that crime's elements are more generally agreed upon.