swimmer11 wrote:Is counteranalysis for torts: intentional torts/privileges negligence/defenses?
For crim law: crime/mitigation/defenses?
Better question: How are you guys handling counteranalysis in your practice exams?
crim law. **follow this on all your crim law murder hypos...works like a charm. discuss in the order listed here. only discuss degrees of murder after you have gone through possible justifications, excuses, and mitigations.
1. Murder. homicide + malice aforethought.
2. Homicide.
3. Malice aforethought.
4.Justifications (crime of murder is reduced to no crime)
a. self defense/defense others
b. apprehension of a fleeing crim
5.Excuses (crime of murder is reduced to no crime)
a. too young
b. insane
c. involuntary intoxication
6. Mitigations (crime of muder is mitigated to voluntary manslaughter)
a. provocation
b. imperfect self defense
c. coercion/necessity
7. First degree murder
a. premedittaion
b. deliberation.