2015 California Baby Bar Exam (FYLSX/FYLSE) Criminal Law: Murder

FYLSX Murder Overview

Murder is one of the most frequently tested crimes on the FYLSX. Fundamentally, the crime of Murder should be organized and presented element by element, just as you would present the elements of Negligence in a Torts essay. A good general approach includes the following:

Murder [Overall issue heading]

Murder is a homicide committed with malice aforethought. [definition of Murder; serves as overview identifying the elements that will be discussed below]

Homicide

Actual Cause

Proximate Cause

Malice

[List and define the 4 forms of malice; analyze those forms of malice most likely to be present based upon the facts]

1st Degree Murder

2nd Degree Murder

Voluntary Manslaughter [if applicable]

Involuntary Manslaughter [if applicable]

Affirmative Defense(s) [if applicable]

For each element/sub-issue raised above, a statement of the law, analysis, and conclusion should be presented.

A Note on Affirmative Defense(s) to Murder

Organize each Murder defense, either justification or excuse, separately by utilizing the issue heading, statement of the law, analysis, and conclusion method of organization for each individual affirmative defense.

Understand How an Attempted Murder Discussion Differs

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Common Mistakes to Avoid for Murder Essays on the California Baby Bar exam:

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