APPLICATION OF LEGAL MATH
MBE
STEP 1:
Read the question stem to determine the subject that is being tested. This question stem is not helpful because it only says “Grace is” therefore, read the answer choices with a light touch. Each answer choice has language associated with criminal law. It is clear that this is a criminal law question.
PRACTICE QUESTION
Grace, while baby-sitting one night, noticed that Sam, who lived next door, had left his house but that the door did not close completely behind him. Grace said to Roy, the 11-year-old boy she was baby-sitting with, “Let’s play a game. You go next door and see if you can find my portable television set, which I lent to Sam, and bring it over here.” Grace knew that Sam had a portable television set and Grace planned to keep the set for herself. Roy thought the set belonged to Grace, went next door, found the television set, and carried it out the door. At that moment, Sam returned home and discovered Roy in his front yard with the television set. Roy explained the “game” he and Grace were playing. Sam took back his television set and called the police.
STEP 2:
Read the paragraph carefully.
STEP 3:
In your own words, without looking at the paragraph, summarize what is happening. This will help you recognize who exactly the parties are and what they are doing.
STEP 4:
Ask yourself: Why could the Defendant be in trouble? Here, Grace may be in trouble because she told an 11-year-old to steal a television set from another person’s house.
STEP 5:
Ask yourself: What would the Defendant say in her defense? In answering this question, remember only to make true statements. If Grace has no defense, don’t make one up. In this question, the only truthful positive statement Grace could only say is that she did not physically take the television set.
STEP 6:
Does this defense disprove or cancel out a key element of larceny? In this case, Grace’s defense does not disprove or cancel out a key element of larceny because she had the specific intent to permanently deprive Sam of his television set and it was moved.
STEP 7:
Come up with your predicted answer by picking a side for a specific reason. Here, your predicted answer would be: Grace is guilty of larceny because she intended to trick the child into taking Sam television set and it was moved.
STEP 8:
First, go to the 2 answers that state Grace is guilty. Choose the answer that most closely translates to your predicted answer.
Answer
Grace is: (A) not guilty of larceny or attempted larceny, because Roy did not commit any crime. (B) not guilty of larceny but guilty of attempted larceny, because she never acquired possession of the television set. (C) guilty of larceny as an accessory to Roy. (D) guilty of larceny by the use of an innocent agent.
MEE (ESSAY)
STEP 1:
Read the question stem to determine what subject(s) is being tested.
STEP 2:
Read the passage. Only circle/underline names, dates, dollar amounts.
STEP 3:
Read the question(s) being asked and create an issue box(es) using simplified language.
For example:
Question: Assuming the police had probable cause, was the arrest of Archie lawful? Issue: Was the arrest lawful?
STEP 4:
Read the passage one line at a time and try to identify facts that have legal significance. After you finish reading a sentence and have identified one of these facts, stop and determine: (1) which issue the fact is relevant for, and (2) whether this fact is good for the Defendant or bad for the Defendant. Place the fact in the corresponding box.
STEP 5:
Write next to the fact, in parenthesis, the legal issue that the fact raises.
For example:
Fact: Defendant’s statement was given to police after arraignment Law: (6th Amendment and NY rule - indelible right to counsel).
STEP 6:
Review and use these issue boxes to formulate a detailed IRAC answer for each issue.
PRACTICE QUESTION
The police received a tip from an anonymous source that Bernard had been murdered. A day later, Bernard’s dead body was found behind the steering wheel of his own parked car. In the back seat of the car, the police found a jacket that had Archie’s full name sewn in the collar. Inside one of the jacket pockets was a sealed blank envelope. The police opened the envelope and found a note from Archie to Bernard in which Archie demanded that Bernard tell him the location of some money that the two had stolen together, "or else".
The police took a statement from Carol, who said she knew Archie and Bernard. She saw them leave a neighborhood tavern together and ride off in Bernard’s car on the night Bernard was reported to have been murdered. Carol also reported to the police that Archie called her the next day and said that he was getting out of the country.
The police went to Archie’s home without an arrest warrant and found the front door slightly ajar. They entered and searched the house. Archie was found inside a closet and was arrested for the murder of Bernard. At that time, he was given his Miranda warnings.
Over his objection and without counsel, Archie was then placed in a line-up, where he was identified by Darlene. Darlene lives near where Bernard’s car was found. She said she saw Archie running from Bernard’s car just after she heard a shot fired.
After his arraignment, and outside the presence of his assigned counsel, Archie, after signing a waiver of his right to counsel, was questioned by the police. He gave a statement to them admitting that he shot Bernard.
Archie’s attorney moved to suppress (1) the note found in Archie's jacket; (2) the line-up results; and (3) Archie’s statement. The court denied the motion in all respects.
(A) Assuming the police had probable cause, was the arrest of Archie lawful?
(B) Assuming the arrest was lawful, were the court's rulings on (1), (2) and (3) correct?