Illinois Distinction

Question 1

Criminal Law

Answer 1

Merger - conspiracy and solicitation are separate offenses
Mental State - similar to MPC - intentionally, knowingly, recklessly and negligently
Accomplice liability - accomplice can be convicted of same crime as principal
Legal Impossibility - defense to solicitation
Conspiracy - No defense if co-conspirator acquitted and W/D no defense (unless legally impossible)
Attempt - Factual impossibility no defense; nor is abandonment
Battery/Assault - knowingly
Proximate Cause of Felony Murder - D could be convicted of felony murder of death of co-felon killed by V of felony

Question 2

Criminal Procedure

Answer 2

No obligation to answer police during Terry Stop
No right to counsel at precharge lineup
Police must inform detainee of lawyer’s presence or else violates DP

Question 3

Evidence

Answer 3

Settlement offers - negotiations not admissible
Guilty pleas and the like only applies to criminal cases
Character evidence - specifc instances of conduct on cross NOT ALLOWED
Best Evidence Rule - writings, recordings, photographs and SOUNDS
Testimonial - has Dead man act (only for civil)
Past recollection recorded can be received, not merely read, into evidence
Expert Testimony - Frye test - proponent must show general acceptance; Opinion of expert - nondislcosure of inadmissible facts UNLESS probative value subs. outweighs prejudice
Impeachment - PIS only after showing of affirmative damage; Crimes if felony or about dishonesty (no limit to 10 years)

Question 4

Evidence (card 2)

Answer 4

Spousal immunity not recognized
Clergy-penitent recognized
Hearsay - PIS applies only to criminal cases and must have been written or signed, or acknowledge under oat
PCS - not for substantive evidence only corroborative
Prior Statements of ID only in criminal cases
Vicarious admission - can be privity like JTs
Dying declaration only applies to homicide cases
Present sense impression not recognized
Business Records - exludes medical records in criminal cases and hospital and medical business records
Police accident reports are excluded
No HS exception for Learned treaties

Question 5

Real Property
IL is notice recording; 20 yrs AP
WATER RIGHTS - Riparian; reasonable use of groundwater and natural flow theory of surface waters

Answer 5

JTs are disfavored - CoT is presumed unless expressly states right of survivorship
Severance of JT - lien does not sever
Tenancy by Entirety limited to homestead property and divorce severs
Year to year tenancy terminable by 60 days and month to month by 30 days notice
Collection of double rent for holdover
Payment of rent is dependent on covenant of quiet enjoyment
L must mitigate damages of defaulting T
commercial landlord has no duty to repair or maintain
Residential has a duty to not interfere w/ QE and keep habitable
L only need to deliver legal title
Must pay taxes to get AP where under color of title (deed invalid)
Risk of loss is on seller in land sale contracts
Seller must provide buyer with disclosure of all known material defects

Question 6

Torts

Answer 6

Defamation - private person must prove D made statement w/ negligence
Ordinary care owed to invitees and landowners
Zone of Danger - see someone negligently injured cannot recover for NIED unless in zone even if close relationship
P’s Fault in SL - P’s implied AOR will reduce recovery; or unknowing contrib not a defense
Parents liable for child’s willful or malicious torts for up to $20k
D who is less than 25% at fault is NOT J&S liable for nonmedical expenses