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Fun Legal Hypo (4 Jews Chase After $20 Bill) - from Talmud Law Class
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Date: November 17th, 2017 2:00 PM Author: cerise plaza moishe, shlomo, dudi and yehuda *were* friends.
as the were walking home from the yeshiva, moishe commented that he thought he saw money on the other side of a busy street.
shlomo said that he definitely could see it, and it was a 100 shekel note [~$20] and it belonged to him because he saw it first.
dudi ran across the street and was the first person to get within a 6-ft. range of the note, however yehuda was able to put his foot on the note.
moishe quickly snatched the money from under yehuda's foot and put it in his pocket.
who is entitled to the 100 shekels?
NOTE: this actually happened. this isn't a hypo. |
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Date: January 5th, 2018 3:25 PM Author: cerise plaza RULING: moishe wins. the rule is that property is acquired by moving it in some direction as a symbolic act of the transaction -- up down left right etc. e.g., if someone gives you the keys to a house in a real estate deal, the transaction is finalized when you move the key. one cant acquire property by falling on it. you actually have to move it. yehuda putting his foot on the note didnt acquire it. moishe picking it up is what acquired it. seeing the note is totally irrelevant here. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089020) |
Date: November 17th, 2017 2:01 PM Author: Seedy Cuckoldry Becky moishe because he ended up with it. this hypo reminds me a whole lot of this:
https://en.wikipedia.org/wiki/Popov_v._Hayashi |
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Date: November 17th, 2017 2:06 PM Author: cerise plaza 180 for thinking of that. they split the baby in the end? so it was just a ttt CA superior court decision? would have been cool if the CA SCOTUS ruled on this and we had some real scholarship. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#34710616) |
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Date: November 17th, 2017 2:07 PM Author: Seedy Cuckoldry Becky yeah they split the baby. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#34710624) |
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Date: January 5th, 2018 5:26 PM Author: Contagious private investor yep, they split the baby (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089991) |
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Date: November 17th, 2017 2:06 PM Author: White messiness son of senegal Lol at Jews practicing the Rule of Capture with currency. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#34710609) |
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Date: November 19th, 2017 12:22 AM Author: cerise plaza (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#34721345) |
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Date: November 19th, 2017 12:27 AM Author: french ivory rigpig like capturing land, foot on the note is stake in ground. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#34721371) |
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Date: November 19th, 2017 1:10 AM Author: Trip pearly site chad They are to split it evenly and donate to charity
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Date: December 3rd, 2017 5:39 AM Author: french ivory rigpig lol (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#34826794) |
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Date: December 3rd, 2017 5:54 AM Author: Wild vigorous school cafeteria AIPAC (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#34826806) |
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Date: December 3rd, 2017 7:00 AM Author: magenta startled brunch yarmulke This actually happened that there’s a rule for this? I’m voting for possession by foot with a 10% finders fee to the guy who alerted them all to the presence of the note. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#34826846) |
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Date: December 3rd, 2017 7:02 AM Author: french ivory rigpig (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#34826848) |
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Date: January 5th, 2018 3:31 PM Author: cerise plaza yes this was an actual case. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089056) |
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Date: January 5th, 2018 3:29 PM Author: Fishy chapel Yehuda got screwed here, IMO. I'd give it to him. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089046) |
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Date: January 5th, 2018 3:31 PM Author: cerise plaza he got screwed bc he put his foot on it? it's like the baseball analogy. if someone puts their foot on a baseball, is that enough? i can see how it's not. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089055) |
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Date: January 5th, 2018 4:34 PM Author: magenta startled brunch yarmulke These “legal” hypos bring significant enlightenment as to why Jews have been persecuted and why our profession is a shit profession. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089611) |
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Date: January 5th, 2018 4:37 PM Author: Titillating Background Story Alpha (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089635) |
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Date: January 5th, 2018 4:36 PM Author: Fishy chapel call me a dumb goy, but to me it's enough (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089627) |
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Date: January 5th, 2018 4:48 PM Author: magenta startled brunch yarmulke Because we had a concept of livery of seisin while the Jews apparently require you to manipulate the property somehow. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089734) |
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Date: January 5th, 2018 5:00 PM Author: Titillating Background Story Alpha Traditionally, a thief must not only gain dominion over the property, but also must move it from its original position. The slightest movement, a hair's breadth, is sufficient.[23] However, the entirety of the property must be moved. As LaFave noted critically this requirement is the difference between rotating a doughnut (larceny) and rotating a pie (not larceny),[24] as all of the doughnut is moved through rotation while the pie's exact center remains in the same place when rotated. The movement must also be an actual asportation, rather than movement in preparation. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089800) |
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Date: January 5th, 2018 5:05 PM Author: magenta startled brunch yarmulke Larceny has a mens rea of intent to deprive. Slightly different context. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089840) |
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Date: January 5th, 2018 5:04 PM Author: Fishy chapel IMO, ownership contains the right to do nothing with your property. requiring property to be used is counter to the very idea of property rights. (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089832) |
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Date: January 5th, 2018 4:38 PM Author: Maniacal beady-eyed lettuce (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089643) |
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Date: January 5th, 2018 4:52 PM Author: multi-colored onyx hall the guy who took it out of moshe's pocket when moshe was forced to strip down and head to the shower (http://www.autoadmit.com/thread.php?thread_id=3800740&forum_id=2#35089761) |
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Date: January 5th, 2018 5:11 PM Author: maize odious indian lodge goal in life hmm, I think either shlomo and moishe should share it. obviously moishe has it and he needs to get it. but shlomo got nothing for spotting the $$$ and not giving anything to schlomo discourages future people from spotting money, which is socially desirable.
remember that this might have never even happened if schlomo didn't see the $$$ |