You may copy language directly from the textbook although should cite page numbers and the names of cases. If you are unsure whether a defendant is guilty or not guilty based on the facts you may explain why there are several possible answers (eg. my answer could be X or Y).. You will be graded on your statement of the law and application of the law to the facts. .

 

Explain your answer. Do not merely write “this is recklessness.” Explain why based on the facts this is reckless based on the facts in the problem.

You may copy a statement of the law directly from the textbook.

Stick to the law and do not speculate on whether a defendant is “smart” or “dumb” or whether the question is “stupid.”

Do not assume facts that are not presented in the problem If you do assume facts make this clear in your answer.

Use the proper legal language. For example, X’s act is involuntary rather than X’s act is against X’s will.

Do not over analyze your answer. The question is straightforward, there are no “trick” questions.

 

 

 

YOU ARE LIMITED TO NINE SENTENCES FOR EACH QUESTION

 

1.      X is the leader of a spiritual cult. X believes that X can heal the sick by killing them with a knife and then bringing them back to life as a “new totally healed human being.”  X has never actually performed “spiritual healing” although “healing by death” is a central part of the cult. Y is a long-time member of the cult and has a fatal disease and the doctors give Y a month to live. Cult members live in a common compound and live all aspects of life  within the compound. Many have been raised from an early age in the cult.  X and the cult gather for the ritual killing of Y. X stabs and kills Y and finds that Y cannot be brought back to life. Is X guilty of reckless or negligent homicide? State the relevant law on either recklessness or negligence (1 point). Based on the facts why is this reckless homicide or why is this negligent homicide (2 points)? In no more than two sentences explain whether  it would relevant to your answer  if X  previously had failed to bring a sick cult member back to life (2 points)?

 

2. X is Y’s next door neighbor. Y regularly drops off  Y’s child, C, for X to babysit for the afternoon. In return, Y typically  (although not always) buys X groceries and other items. Y brings C over to X’s house. X tells Y that “I am much too busy to pay attention to C. C will have to look out for him/herself.”  Y leaves and during the  course of the afternoon X occasionally checks on C and gives C  lunch. C while left alone wanders into X’s  unattended swimming pool and drowns to death. Y returns with groceries for X to find that C is dead. Is X liable for C’s death? State the law (1 point) of duty and explain your answer (2 points). Is Y guilty of C’s death (2 points)?  Assume there is a statute that makes parents responsible for the health and safety of their children.  In answering this question apply the law of omissions (duty). Consider the issues f status, contract and

statute and assumption of a duty.

 

 

***Remember to write down the law and explain your answer throughout the test do not merely write that this is negligence. Explain why based on the facts.   

 

         3. X sells Y  unlawful narcotics which are so powerful that it can cause severe coughing 
           and cold-like symptoms., The danger is that the narcotics when combined with 
           even a small amount of   alcohol can induce drowsiness. Y  after taking the narcotics 
           develops has  cold-like symptoms  and takes cough  medicine containing trace    
           amounts of alcohol. Y gets behind the wheel of the family car and while under the
           combined influence of narcotics/alcohol, Y  falls  asleep at the wheel  and  drives off   
           the road and   is killed.. Is X liable for causing Y’s    death?   State the   law (2 points )
           and explain your answer.(2 points). Explain   whether  your  answer would be  different
           if  Y did not die in the car   crash and only died in the hospital when a storm    knocked
          out   the power grid resulting in the shutdown of Y’s respirator causing Y’s   death (1
           point). ***** In answering this  question apply your knowledge of causality and address  
          *****cause in  fact,  proximate cause, coincidental intervening cause, responsive
         intervening cause.

 

 

4.  X is a highly trained “knife fighter” who is ranked near the top of the global rankings. X has engaged in years of practice and training and is a “well-oiled machine.”  X trains with a knife that is unlawful to possess outside the training facility (illegally long and curved blade).. Y confronts X as X is leaving the gym and threatens X and demands X’s money.  X fortunately discovers that he mistakenly  has taken the bag out of the gym that contains the knife and has left the very same type of bag which contains his wallet in the gym. X  in a reflex action draws X’s  knife and stabs Y to death. X is charged with knowingly inflicting serious bodily harm on Y. X claims that X’s act of stabbing Y was involuntary and X should not be held criminally liable?  Was X’s taking the knife out of the gym a voluntary act (1 point) ? State the law on voluntary acts by relying on the Model Penal Code (2 points). Apply the law to the facts of this problem and reach a conclusion as to whether X is criminally liable for killing Y (2 points).  Note that you need not discuss any claim of self-defnese..