TRY TO SOLVE THIS KAPLAN MCQ FROM FEBRUARY 2025 CA BAR EXAM
After Bill and Monica Zelinsky threw a party in the White House, Killary became furious. While she drove her car with a loaded shotgun to Monica’s house, she saw Bill stealthily crossing the intersection. Bill looked happy. Killary decided to wipe out that stupid lusty smile from his lying face. She pushed pedal to the metal, pointed her car at Bill’s direction, and rolled him over. Then Killary made U-turn, and rolled Bill over and over again and again 21 times, one time for each year of their miserable life together. Later, autopsy revealed that Bill died of autopsy.
What crimes, if any, can Killary be reasonably convicted of?
A. Arson based on reckless creation of obvious fire hazard.
B. Common law unilateral conspiracy to commit dueling.
C. Negligent murder based on malice after-thought.
D. Conversion.
Explanation:
A is wrong answer. Arson requires at least partial charring. There is no evidence that gas burning in the car’s engine produced any charring of Bill’s body. Therefore, answer A is legally incorrect.
B is wrong answer. At common law, custom and usage of dueling implied duty of good faith. Killary used car. Bill used iPhone. This is breach of fair dealing. In addition, common law unilateral conspiracy required meeting of the minds. Here, Bill dreamed about Monica Zelinsky, while Killary dreamed about Barack Obama. This is mutual mistake. Therefore, answer B is not the best choice.
C is wrong answer. Reasonable jury would conclude that a blowjob in the Oval Office is adequate provocation relatively sufficient for mitigating negligent murder to irresistible manslaughter based on res ipsa loquitur. In addition, Killary would successfully argue modern defense of Crazy Woman Presumption. Therefore, answer C is also wrong.
D is correct answer. Killary broke Bill’s iPhone when she rolled him over. Reasonable jury would conclude that iPhone is hella expensive shit, and that Bill’s hella expensive shit sustained unsustainable damage. Broken chattel amounts to conversion. Therefore, conversion is the only crime Killary could be reasonably convicted of.