Author Topic: Opening Arguments #TTTBE  (Read 42433 times)

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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #420 on: May 13, 2019, 06:10:46 pm »
I guess I'm not surprised, even though I got it wrong, it's reasonable enough.
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #421 on: May 14, 2019, 08:09:42 am »
Ya I missed this one too. I might be mixing up my TV lawering and reality.
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Offline The Latinist

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Re: Opening Arguments #TTTBE
« Reply #422 on: May 14, 2019, 10:48:55 am »
I actually looked this up after I posted my response and discovered the true answer.  It can be used, as I said, to establish a pattern and therefore to prove guilt.  But it can also be used to impeach because the previous convictions were for crimes (fraud) that involved dishonesty, and therefore are admissible to show that the witness is a liar. I believe that if the previous conviction had been for a drug offense or something that did not involve dishonesty it would not be admissible. The mere fact that a person has been guilty of a crime is not necessarily admissible for impeachment unless it goes to the truthfulness of the witness.
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #423 on: May 17, 2019, 03:58:15 pm »
New question for me to get wrong

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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #424 on: May 17, 2019, 04:00:42 pm »
Wow this is a different question

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I'm going to go with C. Mainly because I think you could charge the defendant with either or depending on the DA 
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Offline CarbShark

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Re: Opening Arguments #TTTBE
« Reply #425 on: May 17, 2019, 04:58:03 pm »
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C. This would either be second degree murder or manslaughter.
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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #426 on: May 17, 2019, 05:35:37 pm »
I guess
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I will go against the grain and say B, because he was provoked into it.
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Offline The Latinist

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Re: Opening Arguments #TTTBE
« Reply #427 on: May 17, 2019, 05:58:39 pm »
C.  It’s a question of whether he formed the intent to murder, and that’s for the jury to decide.  Legally, it’s possible to form an intent to commit murder in an instant; if the jury believes that he intended to kill her and did so with malice aforethought, it’s second degree murder; if they believe that he intended to kill her but that he acted in a moment of heightened emotion following the attack/provocation, they can find that he committed manslaughter.
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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #428 on: May 17, 2019, 06:46:47 pm »
I guessed C as well.
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #429 on: May 20, 2019, 06:01:22 pm »
Answer to #126

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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #430 on: May 25, 2019, 06:59:40 pm »
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Offline CarbShark

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Re: Opening Arguments #TTTBE
« Reply #431 on: May 25, 2019, 07:20:09 pm »
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A.  I don't know why they're bringing a will into it. It seems like it was a properly executed deed. The delivery, which completes the transaction, doesn't have to be to the actual buyer (or in this case the nephew who's getting it for free) but can be the buyer's agent, in this case the friend.
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Offline The Latinist

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Re: Opening Arguments #TTTBE
« Reply #432 on: May 25, 2019, 09:57:02 pm »
The issue is that the nephew did not know about the deed until after he returned from his deployment.  For a deed to be delivered, there must be evidence that the grantee accepted it; an agent may receive a deed, but there must be evidence that the grantee knew about it and accepted it. I think, therefore, that A and B, though they make sense intuitively, are straight out because a person can't just unilaterally deed a property to another.

I don't think that D can be correct either, since it was in the form of a deed rather than a will.  I've never heard of a gift causa mortis before, but it sounds like a gift made in the expectation of imminent death.  Since the homeowner was ill and his actions suggested his intent for his nephew to have the house on his death, I'm going to go with C as the correct answer.
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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #433 on: May 26, 2019, 08:42:28 am »
I said B.

Although I do like the latinists explination.
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #434 on: May 26, 2019, 10:52:59 am »
I'm going with B. All the answers sound good in their own right but I think B is better. I'm not sure when a deed becomes legal though. Is it legal when he signs the deed over to the nephew or when he records it?
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