Opening Arguments Passing the Joint Tenancy
May 1, 2025
In this engaging discussion, Professor Heather Varanini, a bar prep expert, returns to dissect bar exam questions, offering invaluable insights for aspiring lawyers. She reveals how Thomas fared on a tricky question and dives into the nuances of ownership laws, particularly joint tenancy and property rights following a divorce. The conversation skillfully blends humor with legal complexities, making the intricate details of estate law both entertaining and understandable. Listeners also enjoy some amusing hypotheticals that illustrate the importance of intent in legal scenarios.
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Continuing Trespass Doctrine
- Larceny requires intent to permanently deprive the owner, even if initial intent was temporary joyriding.
- The continuing trespass doctrine applies when intent changes while still possessing the property.
Intent Key for Criminal Liability
- Criminal liability requires a concurrent intent (criminal mind) and act.
- Merely taking property isn't criminal without intent to permanently deprive it.
Bar Exam Struggles
- Thomas Smith humorously reflects on his poor bar exam score and the complexity of the motorcycle larceny question.
- He acknowledges the question's difficulty and the shared confusion among listeners.