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Unformatted text preview: Final Examination December 21, 1989 EXAM NO. CRIMINAL LAW Two and $ Hours 1 :oo- 3 : 3 0 --- THIS EXAMINATION MUST BE RETURNED WITH YOUR BLUEBOOKS "Did you or did you not employ a leash to drag your cairn terrier, Jack, away from the corner of Park Avenue and Sixty-frfth Street in spite, of his muking every e f o d to clearly indicate to you that he wished to stay where he was?'' OPEN BOOK Instructions The three problems are of equal weight in grading. Budget your time accordingly. EXAM NO. Answer all the questicns reasonably raised in each problem --- even though yourresolution of a prior issue in the same problem - - I- 7- may technically make decision of the other lssues ~mmaterlal. If --- you believe that you need more facts than are presented to adequately resolve an issue, indicate specifically what facts you believe you need and why. Specific citations to cases are welcome but not as a substitute for thinking, i.e. do not use case citations instead of clearly stating the relevant point of law. Consider the following facts: "In September, 1973, Reverend Konz, while serving as a teacher, counselor, and chaplain at United Wesleyan College, became acquainted with Erikson, a student at the College. A close friendship, based on their common interest in religion, formed between them. "Reverend Konz was a thirty-four year old diabetic and had, for seventeen years, administered to himself daily doses of insulin. On March 4, 1974, however, following an encounter on campus with a visiting evangelist speaker, Reverend Konz publicly proclaimed his desrre to discontinue insulin treatment in reliance on the belief that God would heal the diabetic condition. He assured the president of the College and members of the student body that he would carefully monitor his condition and would, if necessary, take insulin. On only one or two occasions did the Reverend thereafter administer insulin. On March 18, 1974, however, Erikson and Reverend Konz formed a pact to pray together to enable the latter to resist the temptation to administer insulin. "Mrs. Konz was informed of the prayer pact, and, on the morning of Saturday, March 23, 1974, when her husband evidenced symptoms that indicated he needed insulin, she removed his insulin from the refrigerator and concealed it. Later that day, the Reverend attempted to obtain insulin from the...
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- Fall '11