Davis Legal

Under the RULE OF SHELLEY’S CASE, the grantee of a life estate obtains a fee simple estate if the same document grants remainders for the same estate to the heirs of the grantee of the life estate.

I have created a bar grade analyzer based on the formula used for the Feb 2009 Bar Exam. This will allow you to experiment with “What-If” situations. Keep in mind that the Feb formula was used for both the MBE and the Essays.

I wish everyone the VERY BEST of luck as you hold your breath waiting for your results – just remember to breath every once in a while.

Please let me know what you think of the Analyzer!

Murder is an unlawful homicide, the unlawful killing of one human being by another with malice aforethought. Malice for murder may be an express intent to kill or implied by intent to cause Great Bodily Injury, intent to commit an inherently dangerous felony (felony murder rule), or intent to commit an act with awareness of and conscious disregard for the unjustified risk posed to human life (Depraved Heart Murder).

At Common Law, there were no degrees of murder. Modernly, murder is in the first degree if it is an intentional, willful, deleberate, pre-meditated killing of another human being with expressed malice aforethought. Second Degree Murder is the unlawful killing of another human being with malice aforethought, express or implied, but without deliberation or premeditation.

Voluntary manslaughter is the intentional killing of another human being without malice aforethought, in the heat of blood, produced by adequate provocation. Provocation does not reduce a homicide to manslaughter; (a) if the blood had actually cooled at the time the blow was given, or (b) if there was a reasonable time for cooling. The provocation must be so great as reasonably to excite passion on an ordinary man and cause him to act rashly and without reflection.

Involuntary Manslaughter is the unlawful killing of another human being without malice and without an intent to kill, as the result of criminal negligence. This may be during the commission of an unlawful act not amounting to a felony or in the commission of a lawful act with might produce death in an unlawful manner.