1987 Criminal Law - F i n a l ~ x a m i n a t i o n...

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Unformatted text preview: F i n a l ~ x a m i n a t i o n December 1 6 , 1987 THIS EXAM NO. CRIMINAL LAW SECTION A 1 Three Hours 2 : 00-5 : 00 CcYour Honor, the ~ L r y jnds the defendant, Willis Rairdner, guilty as charged and, in the spirit of the season, wishes everyone in the courtroom a happj holiday." OPEN BOOK I n s t r u c t i o n s The t h r e e problems a r e of equal weight i n grading. Budget your time accordingly. Answer a l l t h e questions reasonablx r a i s e d i n each roblem %- -%m even thouIi X i r ~ s o l u t i o n of a r i o r l s s u e I n E e same -7- --- Y - T f ~ t d a k m a k e decisiofi-07 t e o t E s s u e s ~rnmaterla you b e l l e v e t h a t you need more f a c t s than a r e presented t o adequately r e s o l v e an i s s u e , i n d i c a t e s p e c i f i c a l l y what f a c t s you belceve you need and why. S p e c i f i c c i t a t i o n s t o cases a r e welcome b u t n o t a s a s u b s t i t u t e f o r t h i n k i n g , i . e . do n o t use case c i t a t i o n s i n s t e a d of c l e a r l y s t a t i n g t h e r e l e v a n t p o i n t of law. EXAM NO. I . (60 minutes) Consider t h e following f a c t s : On J u l y 25, 1985, defendant [Norman Baker] and h i s fiancee had been v i s i t i n g f r i e n d s near M t . Hood. He had had s e v e r a l d r i n k s before t h e two l e f t f o r home from Timberline Lodge on defendant's motorcycle. A s t h e y approached a s t o p s i g n near Boring, , defendant turned h i s head t o t a l k t o t h e victim; when he turned back, it was too l a t e f o r him t o avoid s t r i k i n g a motorcycle and c o l l i d i n g with a c a r i n t h e i n t e r s e c t i o n . The v i c t i m was thrown from t h e motorcycle and s u s t a i n e d severe head i n j u r i e s . She was h o s p i t a l i z e d u n t i l September 18, 1985, when she was t r a n s f e r r e d t o a nursing home. Although she was s t i l l comatose and had a tracheostomy tube i n her t h r o a t f o r b r e a t h i n g , she had begun t o improve. Her eyes could follow people i n her room, and she responded t o pain and even hummed t o a tune on t h e r a d i o . On J u l y 26, 1986, someone removed...
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1987 Criminal Law - F i n a l ~ x a m i n a t i o n...

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