8 Weeks Until the October 2011 California Baby Bar Exam
Hello California Baby Bar Examinees,
Welcome to the latest installment of our California Baby Bar Exam (FYLSX) newsletter. In this issue, we consider:
- Important Upcoming FYLSX Dates
- Recent BarReviewSolutions.com FYLSX News
- FYLSX Essays In-Depth: Common Murder Malice Mistakes
- Newsletter-Only Discount
Important Upcoming FYLSX Dates
- Timely Filing for June 2011 Repeaters: September 1, 2011
- Final Filing Deadline: September 15, 2011
- FYLSX Exam Date: October 25, 2011
Recent BarReviewSolutions.com FYLSX News
Select a link below to learn more...
FREE October 2011 California Baby Bar Exam (FYLSX) Calendar Solution Now Available
October 2011 California Baby Bar Exam (FYLSX) 1-on-1 Essay Tutorials Available
October 2011 California Baby Bar Exam (FYLSX) Essay Solution: On-Demand Workshop Available - 50% OFF FOR A LIMITED TIME
FYLSX Essays In-Depth: Common Murder Malice Mistakes
Murder is one of the most frequently tested crimes on FYLSX Criminal Law essays. Within any Murder discussion, individuals often make one or more common mistakes in their treatment of Malice. Four of the most common mistakes include the following:
- Failing to understand how Malice fits within the overall crime of Murder,
- Failing to identify all four forms of Malice,
- Failing to analyze and apply all four forms of Malice (a corollary to this common mistake is failing to recognize that more than 1 form of malice can apply for any 1 Murder discussion), and
- Failing to understand what forms of Malice fall within First or Second Degree Murder.
In this issue, we will explain how to avoid the first two of these common Murder Malice mistakes.
Recognize and Understand How Malice Fits Within a Murder Discussion
Fundamentally, anyone addressing Murder on a FYLSX essay should recognize and understand that Malice is simply one element of the overall Murder discussion. Just as all crimes are made up of elements that must be proven, Malice is simply one element of the crime of Murder. On an essay, the elemental organization of a Murder discussion should be substantially similar to the following:
Murder:
Homicide
Causation
Malice
Degrees of Murder
Manslaughter
Other Murder Defenses
From the above, notice how Malice is simply one of many elements that should be addressed and evaluated in your discussion of Murder.
Identify All Four Forms of Malice
Once you understand how Malice fits within the overall Murder discussion, as noted above, another common mistake individuals make on FYLSX Criminal Law essays is failing to identify and explain all four specific forms of Malice. Too often, individuals will discuss Malice generally, without any reference to specific forms of Malice, or individuals will only address one or two forms of Malice instead of all four.
To avoid this common Malice mistake, be sure to specifically identify and define all four forms of Malice in your discussion:
- Intent to kill,
- Intent to cause serious bodily injury,
- Wanton disregard for human life (i.e., "depraved heart"), and
- Felony murder
Once you have identified and defined all four forms of Malice, be sure to address and dismiss those forms of malice that obviously do not apply, based on the facts, and concentrate your analysis efforts on the most plausible forms of malice suggested by the fact pattern.
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-The BarReviewSolutions.com Team
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