How to Ace FYLSE/October 2004 Exam

Introduction

 * October 2004

Torts
very difficult

Outline
Child Molester Professor's recommendation letter did not mention the facts about an applicant and the applicant molests.

Gina v. Prof negligent misrepresentation

owe no duty of care to Gina? Cardozo- foreseeable Andrews- everyone

not the proximate cause of Gina's injury? actual cause proximate cause no because poor heart is a superseding cause

ULS is not vicariously liable? within the scope of employment not proximate cause Hand's formula substantial factor thin-skull/eggshell plaintiff

Outline
'I. - Dan - Justification of Actions 1.) Shopkeeper 2.) Owner - Recovery of personal property 3.) Felony Prevention 4.) Greater Evil II. Dan - Use of Threat of Deadly Force III. Crimes of Al A.) Murder 1.) Homicide

DEFENSES 1. Self-Defense 2. Heat of Passion 3. Inadequate Defense 4. Mental State B.) Larceny Defenses C.) Attempted Larceny by Trick Defenses Mistake