Themis Bar Review Hangout - July 2016 Forum

[WinSome]

These two questions about delivering a deed seem at odds, anybody have any insight?

My issue

[+] Spoiler

Question 1 says that the deed was never delivered to his niece, even though was recorded. Question 2 says recording the deed creates a presumption of delivery. Acceptance of a beneficial conveyance is presumed. Why isnt the deed in question 1 delivered, but the deed in question 2 is?

Question 1.

[+] Spoiler

The owner of undeveloped land had his attorney prepare a deed transferring the land to his niece as a surprise. The uncle signed the deed and had his attorney record it. However, before the uncle delivered the deed to his niece, the two had a falling out. After the man’s death, the niece learned about the deed when it was found among her uncle’s papers. She transferred her interest in the land by quitclaim deed to a good faith buyer for valuable consideration. The buyer promptly recorded this deed. By will, the owner left his real property to a nephew. The recording statute in the applicable jurisdiction states: “Any conveyance of an interest in land shall not be valid against any subsequent purchaser for value, without notice thereof, whose conveyance is recorded.” Who owns the land?

Answers:

Correct Answer: The nephew, because he was the devisee of the owner’s real property.
The nephew, because the buyer’s interest in the land was obtained through a quitclaim deed.
You Selected: The buyer, because the uncle’s deed to his niece was recorded.
The buyer, because the buyer gave valuable consideration for the niece’s interest.
Rationale:

Answer choice A is correct. The uncle retained ownership of the land at his death because he never delivered the deed to his niece, and thus did not complete the gift. Accordingly, the land passed by will to his nephew. Answer choice B is incorrect because the property could have been transferred by quitclaim deed if the niece had owned it. The transfer of a real property interest through a quitclaim deed does not by itself place the transferee on notice as to a problem with the transferor’s ownership of the transferred property. Instead, a quitclaim deed merely limits the liability of the transferor. Answer choice C is incorrect because, although the recording of a deed generally protects a person who buys the property from the record owner, the recording of a deed does not validate an otherwise invalid transfer. Here, since the uncle did not complete the gift to his niece by delivering the deed to her, she did not obtain ownership of the land and therefore could not sell it to a third party. Answer choice D is incorrect because, although a good faith purchaser of real property from the record owner is generally protected from other claimants to the property, in this case the record owner never obtained ownership of the land.

"The uncle retained ownership of the land at his death because he never delivered the deed to his niece, and thus did not complete the gift"

Question 2.

[+] Spoiler

A mother owned a vacation cabin, but as she no longer visited it, she decided to convey the cabin to her daughter. The mother executed a valid, written deed, and promptly and properly recorded it. The mother did not tell her daughter about her intention of giving the cabin to her because she wanted to surprise her with the gift at an upcoming family reunion. Prior to the reunion, the daughter died suddenly. In her will, the daughter left her entire estate to her best friend. The mother, not wanting the cabin to go to someone who was not a family member, brought an action to set aside the conveyance to the best friend.
Who will prevail?

Answers:

Correct Answer: The best friend, because the mother recorded the deed conveying the cabin to her daughter.
The best friend, because the mother’s intent was evidenced by a valid deed in writing.
The mother, because she did not deliver the deed to her daughter.
You Selected: The mother, because the daughter did not accept her mother’s gift.
Rationale:

Answer choice A is correct. Although it is often stated that a deed must be delivered in order for a real property interest to pass (i.e., a delivery requirement), the term “delivery” is used as shorthand for the existence of the necessary grantor intent. Physical transfer of a deed is not required and is not conclusive evidence of the grantor’s intent. Intent can be implied from the words and conduct of the grantor, such as when the grantor executes and records a deed. Here, there is a presumption of delivery because the mother recorded the deed. Answer choice B is incorrect because, although a valid, written deed does evidence the mother’s intent to make a gift to her daughter, the deed on its own does not create a presumption of delivery. Answer choice C is incorrect because actual, physical delivery is not required—the recording of the deed was sufficient to create a presumption of delivery. Answer choice D is incorrect because, although acceptance is required for a transfer to be complete, the grantee is generally presumed to have accepted any beneficial conveyance. Acceptance relates back to the time the deed was transferred, unless a bona fide purchaser or creditor of the grantor would be negatively affected by doing so, which is not the case here.

[+] Spoiler

I might be off base here, and I was confused by these two questions and whether recording meant delivery or not. The only way I can really rectify the two is that the in the first problem, the uncle did not have the present intent for the deed to transfer because it said he originally planned on delivering the deed before having a falling out. Therefore, delivery was never complete because the uncle did not have the intent to transfer the deed until it was actually delivered. Whereas, the second one, the mother intended the recording to act as a delivery because the mother had the present intent to transfer the property. Notice the facts do not say that she will deliver the deed at the family reunion, only that she will tell her daughter about the gift there (although the way it is worded you could infer she intended to deliver it at the reunion). If this is the reason for the difference, then the questions are pretty shitty because they turn on you figuring out the parties intents with somewhat ambiguous language. That's my take anyway. Hopefully, someone has a better explanation.

[Hmasterflex]

I would like to announce that I have progressed from "Simple Jack" capabilities with commercial paper and secured transactions to "Tugg Speedman" capabilities. It's a step in the right direction

Now on to the other 10 TX subjects I will be tested on.

thanks Texas

[1down1togo]

i have completed 91.7% of the course and still feel unprepared...normal? the first time i took the bar back in 2009 I used barbri. I have preferred themis but don't remember how i felt this close to the exam last time.....

I think that's normal. I took it in 2013 with Kaplan. I remember the day before the exam, contemplating studying- and then decide agaiant it b/c I was thinking- screw this, I'll never learn it all, might as well relax

that is what my husband keeps telling me. he doesnt want me studying the day before the exam starts.

My plan the day before is to do a "test run" to the testing site, just read over some FROs, and then at 445 I booked a massage. After that gonna try to go to sleep by 9:00. I really dont even know how to relax anymore, so hoping the massage helps!

... but I'm in Florida and a professor did recommend doing some practice Evidence MBE questions on Monday night after relaxing a bit, eating, etc. bc the Florida evidence and MBE evidence can be pretty different.

What sort of professor? A law professor? Who hasnt taken the Bar, let alone a test, in decades? I'd go with Themis, and their schedule has no monday work.

IMO, taking Monday off and going into test day rested and (some-what) relaxed is better than getting an extra day of studying. I mean, you've studied for approximately 70 days. I doubt making it 71 is going to give you some crucial knowledge.

[livinlaw]

i have completed 91.7% of the course and still feel unprepared...normal? the first time i took the bar back in 2009 I used barbri. I have preferred themis but don't remember how i felt this close to the exam last time.....

I think that's normal. I took it in 2013 with Kaplan. I remember the day before the exam, contemplating studying- and then decide agaiant it b/c I was thinking- screw this, I'll never learn it all, might as well relax

that is what my husband keeps telling me. he doesnt want me studying the day before the exam starts.

My plan the day before is to do a "test run" to the testing site, just read over some FROs, and then at 445 I booked a massage. After that gonna try to go to sleep by 9:00. I really dont even know how to relax anymore, so hoping the massage helps!

... but I'm in Florida and a professor did recommend doing some practice Evidence MBE questions on Monday night after relaxing a bit, eating, etc. bc the Florida evidence and MBE evidence can be pretty different.

What sort of professor? A law professor? Who hasnt taken the Bar, let alone a test, in decades? I'd go with Themis, and their schedule has no monday work.

IMO, taking Monday off and going into test day rested and (some-what) relaxed is better than getting an extra day of studying. I mean, you've studied for approximately 70 days. I doubt making it 71 is going to give you some crucial knowledge.

Sorry yeah if my comment was confusing. I'm not going to study on Monday.I meant to say Tuesday night. By "test-run" I meant I'm going to drive to the test site and around to make sure I know how much time I need (I'm driving from approximately 35 minutes away, but maybe up to an hour with traffic).

On Tuesday after I take the Florida portion, our school's resident bar professor guru who teaches a class on the Florida bar every year and helps write the questions for the test specifically suggested doing 10-15 MBE Evidence questions bc MBE Evidence is much different than Florida Evidence just so we would be in that mindset.

[pheerful22]

I would like to announce that I have progressed from "Simple Jack" capabilities with commercial paper and secured transactions to "Tugg Speedman" capabilities. It's a step in the right direction

Now on to the other 10 TX subjects I will be tested on.

thanks Texas

haha i feel the same way LOL!

[pheerful22]

i have completed 91.7% of the course and still feel unprepared...normal? the first time i took the bar back in 2009 I used barbri. I have preferred themis but don't remember how i felt this close to the exam last time.....

I think that's normal. I took it in 2013 with Kaplan. I remember the day before the exam, contemplating studying- and then decide agaiant it b/c I was thinking- screw this, I'll never learn it all, might as well relax

that is what my husband keeps telling me. he doesnt want me studying the day before the exam starts.

My plan the day before is to do a "test run" to the testing site, just read over some FROs, and then at 445 I booked a massage. After that gonna try to go to sleep by 9:00. I really dont even know how to relax anymore, so hoping the massage helps!

... but I'm in Florida and a professor did recommend doing some practice Evidence MBE questions on Monday night after relaxing a bit, eating, etc. bc the Florida evidence and MBE evidence can be pretty different.

What sort of professor? A law professor? Who hasnt taken the Bar, let alone a test, in decades? I'd go with Themis, and their schedule has no monday work.

IMO, taking Monday off and going into test day rested and (some-what) relaxed is better than getting an extra day of studying. I mean, you've studied for approximately 70 days. I doubt making it 71 is going to give you some crucial knowledge.

i started studying on April 20th with Themis and my themis schedule still has studying on Monday even though my bar exam begins on Tuesday and ends on Thursday.

[1down1togo]

i have completed 91.7% of the course and still feel unprepared...normal? the first time i took the bar back in 2009 I used barbri. I have preferred themis but don't remember how i felt this close to the exam last time.....

I think that's normal. I took it in 2013 with Kaplan. I remember the day before the exam, contemplating studying- and then decide agaiant it b/c I was thinking- screw this, I'll never learn it all, might as well relax

that is what my husband keeps telling me. he doesnt want me studying the day before the exam starts.

My plan the day before is to do a "test run" to the testing site, just read over some FROs, and then at 445 I booked a massage. After that gonna try to go to sleep by 9:00. I really dont even know how to relax anymore, so hoping the massage helps!

... but I'm in Florida and a professor did recommend doing some practice Evidence MBE questions on Monday night after relaxing a bit, eating, etc. bc the Florida evidence and MBE evidence can be pretty different.

What sort of professor? A law professor? Who hasnt taken the Bar, let alone a test, in decades? I'd go with Themis, and their schedule has no monday work.

IMO, taking Monday off and going into test day rested and (some-what) relaxed is better than getting an extra day of studying. I mean, you've studied for approximately 70 days. I doubt making it 71 is going to give you some crucial knowledge.

i started studying on April 20th with Themis and my themis schedule still has studying on Monday even though my bar exam begins on Tuesday and ends on Thursday.

I started in late march and it doesnt have me studying on monday. Whats your completion percentage? I'm at 97.2%. I suppose if you are far enough behind, it will give you monday stuff? But if you go to the themis website, and right next to the "course progress" button is a "course schedule" button. WHen you hit it, it clearly shows monday off- at least for my state.

[1down1togo]

i have completed 91.7% of the course and still feel unprepared...normal? the first time i took the bar back in 2009 I used barbri. I have preferred themis but don't remember how i felt this close to the exam last time.....

I think that's normal. I took it in 2013 with Kaplan. I remember the day before the exam, contemplating studying- and then decide agaiant it b/c I was thinking- screw this, I'll never learn it all, might as well relax

that is what my husband keeps telling me. he doesnt want me studying the day before the exam starts.

My plan the day before is to do a "test run" to the testing site, just read over some FROs, and then at 445 I booked a massage. After that gonna try to go to sleep by 9:00. I really dont even know how to relax anymore, so hoping the massage helps!

... but I'm in Florida and a professor did recommend doing some practice Evidence MBE questions on Monday night after relaxing a bit, eating, etc. bc the Florida evidence and MBE evidence can be pretty different.

What sort of professor? A law professor? Who hasnt taken the Bar, let alone a test, in decades? I'd go with Themis, and their schedule has no monday work.

IMO, taking Monday off and going into test day rested and (some-what) relaxed is better than getting an extra day of studying. I mean, you've studied for approximately 70 days. I doubt making it 71 is going to give you some crucial knowledge.

Sorry yeah if my comment was confusing. I'm not going to study on Monday.I meant to say Tuesday night. By "test-run" I meant I'm going to drive to the test site and around to make sure I know how much time I need (I'm driving from approximately 35 minutes away, but maybe up to an hour with traffic).

On Tuesday after I take the Florida portion, our school's resident bar professor guru who teaches a class on the Florida bar every year and helps write the questions for the test specifically suggested doing 10-15 MBE Evidence questions bc MBE Evidence is much different than Florida Evidence just so we would be in that mindset.

Gotcha. Sounds reasonable

[Vantwins]

i have completed 91.7% of the course and still feel unprepared...normal? the first time i took the bar back in 2009 I used barbri. I have preferred themis but don't remember how i felt this close to the exam last time.....

I think that's normal. I took it in 2013 with Kaplan. I remember the day before the exam, contemplating studying- and then decide agaiant it b/c I was thinking- screw this, I'll never learn it all, might as well relax

that is what my husband keeps telling me. he doesnt want me studying the day before the exam starts.

My plan the day before is to do a "test run" to the testing site, just read over some FROs, and then at 445 I booked a massage. After that gonna try to go to sleep by 9:00. I really dont even know how to relax anymore, so hoping the massage helps!

... but I'm in Florida and a professor did recommend doing some practice Evidence MBE questions on Monday night after relaxing a bit, eating, etc. bc the Florida evidence and MBE evidence can be pretty different.

What sort of professor? A law professor? Who hasnt taken the Bar, let alone a test, in decades? I'd go with Themis, and their schedule has no monday work.

IMO, taking Monday off and going into test day rested and (some-what) relaxed is better than getting an extra day of studying. I mean, you've studied for approximately 70 days. I doubt making it 71 is going to give you some crucial knowledge.

i started studying on April 20th with Themis and my themis schedule still has studying on Monday even though my bar exam begins on Tuesday and ends on Thursday.

I started in late march and it doesnt have me studying on monday. Whats your completion percentage? I'm at 97.2%. I suppose if you are far enough behind, it will give you monday stuff? But if you go to the themis website, and right next to the "course progress" button is a "course schedule" button. WHen you hit it, it clearly shows monday off- at least for my state.

I'll just get to 75% tomorrow probably and I'm assuming Themis will tell me to do 300 more PQs on Monday. Not going to happen, but I'm definitely going to be skimming state distinctions on Monday for essay day. MD follows the minority rule for so many things so I've got to remember what controls on Tuesday which is the opposite of the what is the default for MBE on Wednesday. Ugh.

[pheerful22]

i have completed 91.7% of the course and still feel unprepared...normal? the first time i took the bar back in 2009 I used barbri. I have preferred themis but don't remember how i felt this close to the exam last time.....

I think that's normal. I took it in 2013 with Kaplan. I remember the day before the exam, contemplating studying- and then decide agaiant it b/c I was thinking- screw this, I'll never learn it all, might as well relax

that is what my husband keeps telling me. he doesnt want me studying the day before the exam starts.

My plan the day before is to do a "test run" to the testing site, just read over some FROs, and then at 445 I booked a massage. After that gonna try to go to sleep by 9:00. I really dont even know how to relax anymore, so hoping the massage helps!

... but I'm in Florida and a professor did recommend doing some practice Evidence MBE questions on Monday night after relaxing a bit, eating, etc. bc the Florida evidence and MBE evidence can be pretty different.

What sort of professor? A law professor? Who hasnt taken the Bar, let alone a test, in decades? I'd go with Themis, and their schedule has no monday work.

IMO, taking Monday off and going into test day rested and (some-what) relaxed is better than getting an extra day of studying. I mean, you've studied for approximately 70 days. I doubt making it 71 is going to give you some crucial knowledge.

i started studying on April 20th with Themis and my themis schedule still has studying on Monday even though my bar exam begins on Tuesday and ends on Thursday.

I started in late march and it doesnt have me studying on monday. Whats your completion percentage? I'm at 97.2%. I suppose if you are far enough behind, it will give you monday stuff? But if you go to the themis website, and right next to the "course progress" button is a "course schedule" button. WHen you hit it, it clearly shows monday off- at least for my state.

i am 94% done with themis.

[pheerful22]

i have completed 91.7% of the course and still feel unprepared...normal? the first time i took the bar back in 2009 I used barbri. I have preferred themis but don't remember how i felt this close to the exam last time.....

I think that's normal. I took it in 2013 with Kaplan. I remember the day before the exam, contemplating studying- and then decide agaiant it b/c I was thinking- screw this, I'll never learn it all, might as well relax

that is what my husband keeps telling me. he doesnt want me studying the day before the exam starts.

My plan the day before is to do a "test run" to the testing site, just read over some FROs, and then at 445 I booked a massage. After that gonna try to go to sleep by 9:00. I really dont even know how to relax anymore, so hoping the massage helps!

... but I'm in Florida and a professor did recommend doing some practice Evidence MBE questions on Monday night after relaxing a bit, eating, etc. bc the Florida evidence and MBE evidence can be pretty different.

What sort of professor? A law professor? Who hasnt taken the Bar, let alone a test, in decades? I'd go with Themis, and their schedule has no monday work.

IMO, taking Monday off and going into test day rested and (some-what) relaxed is better than getting an extra day of studying. I mean, you've studied for approximately 70 days. I doubt making it 71 is going to give you some crucial knowledge.

i started studying on April 20th with Themis and my themis schedule still has studying on Monday even though my bar exam begins on Tuesday and ends on Thursday.

I started in late march and it doesnt have me studying on monday. Whats your completion percentage? I'm at 97.2%. I suppose if you are far enough behind, it will give you monday stuff? But if you go to the themis website, and right next to the "course progress" button is a "course schedule" button. WHen you hit it, it clearly shows monday off- at least for my state.

i checked the schedule on clicking the course progress button - it still has assignments for Monday so if i would have started at the projected start date in may it still would have had work. Probably because of the sheer volume of subjects in my jurisdiction.

[Hmasterflex]

i checked the schedule on clicking the course progress button - it still has assignments for Monday so if i would have started at the projected start date in may it still would have had work. Probably because of the sheer volume of subjects in my jurisdiction.

Yup. I have skimped on trusts. I hope that doesn't bite me in the ass.

Did you graduate from a TX school Pheer?

[pheerful22]

i checked the schedule on clicking the course progress button - it still has assignments for Monday so if i would have started at the projected start date in may it still would have had work. Probably because of the sheer volume of subjects in my jurisdiction.

Yup. I have skimped on trusts. I hope that doesn't bite me in the ass.

Did you graduate from a TX school Pheer?

no i graduated from Ohio state law school in 2009 so all this is new to me I am praying that everyone else sitting for the test next week feels like I do hahaha because holy cow there are a shit ton of topics.....it is RIDICULOUS

[Hmasterflex]

i checked the schedule on clicking the course progress button - it still has assignments for Monday so if i would have started at the projected start date in may it still would have had work. Probably because of the sheer volume of subjects in my jurisdiction.

Yup. I have skimped on trusts. I hope that doesn't bite me in the ass.

Did you graduate from a TX school Pheer?

no i graduated from Ohio state law school in 2009 so all this is new to me I am praying that everyone else sitting for the test next week feels like I do hahaha because holy cow there are a shit ton of topics.....it is RIDICULOUS

I'm losing my mind, but i'm also a non-resident taker. Whatever that's worth

[kay2016]

I'm at approx. 80% with Themis..

Why am I so worried?

aka why do i feel like i know nothing?

[blach0987]

I'm at approx. 80% with Themis..

Why am I so worried?

aka why do i feel like i know nothing?

captured everything i feel right now. I'm at 80% and I feel like its a joke, like you are at 80% so you should know a lot! Do you?? NO.....

[pheerful22]

i checked the schedule on clicking the course progress button - it still has assignments for Monday so if i would have started at the projected start date in may it still would have had work. Probably because of the sheer volume of subjects in my jurisdiction.

Yup. I have skimped on trusts. I hope that doesn't bite me in the ass.

Did you graduate from a TX school Pheer?

no i graduated from Ohio state law school in 2009 so all this is new to me I am praying that everyone else sitting for the test next week feels like I do hahaha because holy cow there are a shit ton of topics.....it is RIDICULOUS

I'm losing my mind, but i'm also a non-resident taker. Whatever that's worth

i think the great news is that we are all in the same boat! we can do this! the examiners especially here in Texas know that we cannot know everything!

[pheerful22]

I'm at approx. 80% with Themis..

Why am I so worried?

aka why do i feel like i know nothing?

i am at 94% and feel the same way

[pheerful22]

i checked the schedule on clicking the course progress button - it still has assignments for Monday so if i would have started at the projected start date in may it still would have had work. Probably because of the sheer volume of subjects in my jurisdiction.

Yup. I have skimped on trusts. I hope that doesn't bite me in the ass.

Did you graduate from a TX school Pheer?

no i graduated from Ohio state law school in 2009 so all this is new to me I am praying that everyone else sitting for the test next week feels like I do hahaha because holy cow there are a shit ton of topics.....it is RIDICULOUS

I'm losing my mind, but i'm also a non-resident taker. Whatever that's worth

also where are you taking it?

[flippy]

So trying to get focused on the MEE topics this week... I didn't take wills and have no idea whats important to memorize, does anyone have like a very large-scale idea of whats important?

I have down like, valid wills, general/specific/demonstrative gifts, ademption & anti lapse. Anything else? Thanks everyone!

Just Wills or wills and estates? I didn't take it either and I slogged through the outline a few times to glean important stuff. I hear lean sheets are solid

Lean Sheets are definitely the way to go if you need a overview of wills or any subject for that matter. They do an awesome job of hitting all the major points. Definitely recommend getting, especially for the last few days of review.

[Hmasterflex]

i checked the schedule on clicking the course progress button - it still has assignments for Monday so if i would have started at the projected start date in may it still would have had work. Probably because of the sheer volume of subjects in my jurisdiction.

Yup. I have skimped on trusts. I hope that doesn't bite me in the ass.

Did you graduate from a TX school Pheer?

no i graduated from Ohio state law school in 2009 so all this is new to me I am praying that everyone else sitting for the test next week feels like I do hahaha because holy cow there are a shit ton of topics.....it is RIDICULOUS

I'm losing my mind, but i'm also a non-resident taker. Whatever that's worth

also where are you taking it?

SA

[zot1]

Hey guys!

I'm a Themiser from last summer. Just stopping by to drop a couple of words of encouragement since we are getting to the crunch time.

This summer has been long, but hopefully you've been able to work through your schedule properly. If you've prepared, trust yourself to do well the days of.

Around this time, I was barely averaging 65% in my MBEs. That was scary, but at least I was consistent. I ended up with a 74% (if I remember correctly) in the exam. If I was having issues with specific topics (first amendment, mortgages, etc.) I would review the specific topics at night after finishing my daily schedule.

My Themis rep advised for the last couple of weeks to put all the essays I had left into a hat, and draw from it when about to take an essay. This was supposed to help me get used to the randomness of the exam. I think I did 3-4 essays per day. It was actually a neat strategy.

You've taken it one step at a time this whole time, these last few days shouldn't be any different. Getting overwhelmed will absolutely harm you. Keep yourself in check.

Do take the day off before the first day. Your brain will be happy. I went for a ridiculously gorgeous hike on a mountain. It was lovely, but I felt sore the first day. I don't think it actually hurt me, but it never occurred to me that I would get so sore, so I thought it would be worth mentioning.

You got this. Trust your knowledge. Stay calm. And type/write away when the time comes.

Good luck!

[1down1togo]

Hey guys!

I'm a Themiser from last summer. Just stopping by to drop a couple of words of encouragement since we are getting to the crunch time.

This summer has been long, but hopefully you've been able to work through your schedule properly. If you've prepared, trust yourself to do well the days of.

Around this time, I was barely averaging 65% in my MBEs. That was scary, but at least I was consistent. I ended up with a 74% (if I remember correctly) in the exam. If I was having issues with specific topics (first amendment, mortgages, etc.) I would review the specific topics at night after finishing my daily schedule.

My Themis rep advised for the last couple of weeks to put all the essays I had left into a hat, and draw from it when about to take an essay. This was supposed to help me get used to the randomness of the exam. I think I did 3-4 essays per day. It was actually a neat strategy.

You've taken it one step at a time this whole time, these last few days shouldn't be any different. Getting overwhelmed will absolutely harm you. Keep yourself in check.

Do take the day off before the first day. Your brain will be happy. I went for a ridiculously gorgeous hike on a mountain. It was lovely, but I felt sore the first day. I don't think it actually hurt me, but it never occurred to me that I would get so sore, so I thought it would be worth mentioning.

You got this. Trust your knowledge. Stay calm. And type/write away when the time comes.

Good luck!

Thank you for your words of encouragement!!

[WinSome]

[+] Spoiler

At 11:00 p.m., a husband and a wife were accosted in the entrance to their apartment building by the defendant, who was armed as well as masked. The defendant ordered the couple to take him into their apartment. After they entered the apartment, the defendant forced the wife to bind and gag her husband and then to open a safe which contained a diamond necklace. The defendant then tied her up and fled with the necklace. He was apprehended by apartment building security guards. Before the guards could return to the apartment, but after the defendant was arrested, the husband, straining to free himself, suffered a massive heart attack and died.

The defendant is guilty of:
A. burglary, robbery, and murder.

B. robbery and murder only.

C. burglary and robbery only.

D. robbery only.

Answer choice A is correct. Common-law burglary is the breaking and entering of the dwelling house of another at nighttime with the specific intent to commit a felony therein. The defendant is guilty of burglary because he used force to gain entry into the apartment (breaking and entering the dwelling of another) at night with the intent to commit a theft crime. Robbery is larceny from the person by force or intimidation. Here, the facts actually state that the defendant forced the wife to open the safe, and the defendant clearly had the intent to steal the necklace. The necklace is considered to be taken from the wife's person even though it was not on her body because it was within her control. Because the husband's death was caused as a result of the defendant's commission of an inherently dangerous felony (robbery or burglary), he is also guilty of murder under the felony murder rule. Accordingly, answer choices B, C, and D are incorrect because they are incomplete.

[+] Spoiler

Maybe I don't understand merger, but shouldn't one of the felonies merge with felony murder? I thought the underlying felony always merged for felony murder. I picked B, even though the elements were met for all three because one of the felonies has to merge. Should I assume if it say "guilty of" then not to merge crimes, but if it says "convicted of" to merge them.

[Vantwins]

Up half the night with a puking 6 year old. no camp for him today. I've never prayed that my child had food poisoning before, but I'm hoping it's that and nothing contagious! I think parents should automatically get a few bonus points on the exam. Alright, off to attempt some studying while he's watching Kung Fu Panda 3.