Model Hypo

Instructions

Here are some basic instructions I bet you can’t follow!

• Here are some basic instructions I bet you can’t follow!
• Here are some basic instructions I bet you can’t follow!
• Here are some basic instructions I bet you can’t follow!

1 Law
2 Facts
3 Question
5 Answer Key
1 Law

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2 Facts

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3 Question

5 Answer Key

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1. Question 1 of 1

   1. Question

   26 point(s)

   SELF-SCORING SHEET: Use the checkboxes below to assess your own issue spotting performance. GRADE HONESTLY — be fair to yourself but err on the side of toughness.

   Did you type anything at all? Give yourself a point. Seriously. I'm not going to be so easy in the future, but this is intimidating stuff, even this easier fact pattern. The journey of a 1,000 miles begins with a single step. Or a single answer. You started. You get credit.

   Correct Incorrect Correct answer

   Give yourself a point for NOT starting with a yes/no answer. (I told you I wasn't going to be easy). Seriously. The point of the law is analysis, not answers. You may have a hunch or a guess at first, but until you perform the analysis, how do you know for sure what the answer is? Of course, as you get more experienced, your hunches are based on experience. But in the end, you start by analyzing each and every element of a crime or of any legal theory.

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   Give yourself a point if you analyzed each and every element of murder in sequence: one, two, three, four. If you think this is unimaginative, the law is that demandingly systematic. It has rules, and you follow them. There is space for creativity here, but not in skipping steps. It's like any dance or sport that way. Ballet has rules. Baseball has rules. The creativity is what you can do within the scope of those rules.

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   Give yourself a point if you followed my instructions and did NOT analyze the "unlawful" element. I did say, and I quote, "(Larry’s Note: don’t worry about this [the "unlawful" element] now. All that is meant is that no defenses apply, which we will assume for now). The law is about details, and if you caught this and skipped this element, pat yourself on the back.

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   Give yourself a point if you actually wrote out the fact that element one is something I said not to cover, and that is why you did not cover it. Being super clear about your assumptions and your actions is super important. Super!

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   On Element Two, give yourself a point if you concluded that Burr killed Hamilton, baby. He did it, you know. No real question here.

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   On Element Two, give yourself a point on top of the last one if you took the extra time to tie specific facts to the element. Here Burr's shot "scores a direct hit" on, um, Hamilton's nuts, resulting in his eventual death.

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   Did you think there could be so many points for a simple question? This is how nit picky law school is (or can be. I aim at being tougher than your professors so you are trained well). On Element Two, give yourself one more point –extra credit here — if you point out the nuance that while Burr's shot did not kill Hamilton immediately, Burr directly caused the injury Hamilton died from two days later. There is more law on this involving what is called proximate cause (that I did not mention and that you did not ). It does not matter, interestingly, that Hamilton did not die at once. Many factors can intervene to push him closer to death and if they are more or less foreseeable (for instance, some case law says that normal medical malpractice does not eliminate responsibility for killing on this element), you are still responsible for the killing.

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   On Element Three, give yourself a point if you observe that Alexander Hamilton was a human being. Easy point!

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   On Element Three, give yourself an extra point if you explain how you came to the conclusion that Hamilton was a human being. Again, I never said outright that he was. But you can easily infer from the facts that he was — Hamilton was running around saying awful things about Burr, showed up for a duel, etc. There is no mention of any, um, canine or feline like actions. He does not lick anyone or cough up furballs. This may sound silly, but it's not. It is extremely important to not only use the facts, but use the implied facts or inferences that can be argued. There will always be gaps in facts, and you fill them in by making common sense inferences. Where there is smoke, there is generally fire. This is an important point, and I will therefore shout: SOME OF THE MOST IMPORTANT FACTS ARE NOT TOLD TO YOU BUT ARE LOGICAL AND REASONABLE INFERENCES YOU CAN MAKE FROM THE FACTS YOU ARE GIVEN.

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   On Element Four, you get a point for thinking about each of the three ways this mental element of murder can be fulfilled: (a) intent to kill murder; (b) intent to cause serious injury or (c) reckless indifference.

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   On Element Four, you get a point for noting that a defense lawyer for Burr might argue that he had no intent to kill Hamilton because "Aaron just wanted to scare Alex with the duel and regrets his decision to challenge Alex."

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   On Element Four, you get a point for noting that a prosecutor might argue that Burr did intend to kill Hamilton because he "totally hates Alexander Hamilton" and aimed for Hamilton's balls.

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   On Element Four, you get a point for concluding that (even though it is a close question) that Burr did not intend to kill Hamilton. Remember this only goes to (a) of Element Four, so it is still possible that Burr is liable for murder.

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   On Element Four, part (b), you get a point for noting that the prosecution will argued that Burr clearly intended to cause Hamilton harm by aiming his pistol at Hamilton's balls.

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   On Element Four, part (b), you get 0 points for arguing on behalf of Burr that aiming his pistol at Hamilton's balls was not intended to cause harm. While you can always make an argument, this one lacks common sense. Sure, you can argue additionally that Burr thought he was going to miss because the smooth-bore gun he was using often was inaccurate, but the point remains: he aimed for Hamilton's balls. He may not have wanted to kill, but he did deliberately aim a weapon at Hamilton to harm him. (Think of it the other way; if Burr had aimed his weapon away from Hamilton but struck him anyway through a freak accident, he would not be liable for intend to harm.)

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   On Element Four, part (b), give yourself a point for concluding that Burr intended to harm Hamilton. Because he totally did.

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   On Element Four, part (c), give yourself a point for observing that the prosecution would argue that Burr's actions displayed a reckless indifference to an unjustifiably high risk to human life by challenging Hamilton to a duel. Duels do involve people aiming deadly weapons at each other.

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   On Element Four, part (c), give yourself a point for noting that Burr's defense lawyer may argue that Hamilton accepted the duel and even triggered the duel by saying hateful things about Burr. (This is a bit of a stretch, but if you were Burr's lawyer you'd have to try to say something).

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   On Element Four, part (c), give yourself a point for concluding that the prosecution is right and that Burr was recklessly indifferent.

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   On Element Four, part (c), give yourself a point for observing that the prosecution would argue that Burr's actions displayed a reckless indifference to an unjustifiably high risk to human life specifically by aiming a deadly weapon at Hamilton's body.

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   On Element Four, part (c), give yourself half a point for arguing on behalf of Burr that the coin toss determined who shot first, and that it was pure luck who shot first. Had Hamilton won the coin toss, Burr would be suffering the injury. (Really, this argument is too cute by half. I mean, Russian Roulette is a game of chance as well, but as you will learn in criminal law, Russian Roulette is a classic instance of reckless indifference to human life.)

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   On Element Four, part (c), give yourself a point for concluding that Burr displayed a reckless indifference to human life — the better view is that he did.

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   Overall, give yourself a point if you concluded that Burr is liable for murder because each of the four elements was met. Note that I don't give a ton of points for coming to what I, Larry Law Law, think the right conclusion is because the most important thing here is the analysis that you did, not the conclusion itself (at least since this was a close question).

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   Give yourself a point if you concluded that as to intent, Burr could be liable either because he intended to harm Hamilton or because his actions displayed a reckless indifference to human life.

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   Give yourself a point for finishing this practice exam!

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