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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: French community account 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: French community account 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: concupiscible shaky hall 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: French community account 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: concupiscible shaky hall 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: Motley rigor kitty 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: azure apoplectic background story 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: French community account (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: ungodly love of her life school 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: deep resort boistinker They are to split it evenly and donate to charity
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Date: December 3rd, 2017 5:39 AM Author: ungodly love of her life school 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: pale whorehouse genital piercing 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: Vivacious stage striped hyena 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: ungodly love of her life school (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: French community account 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: embarrassed to the bone abusive church 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: French community account 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: Vivacious stage striped hyena 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: Twinkling soul-stirring sanctuary (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: embarrassed to the bone abusive church 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: Vivacious stage striped hyena 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: Twinkling soul-stirring sanctuary 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: Vivacious stage striped hyena 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: embarrassed to the bone abusive church 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: violet factory reset button (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: Vibrant frum ratface halford 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: offensive lettuce 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 $$$ and not giving anything to schlomo discourages future people from spotting money, which is socially desirable.
remember that this might have never even happened if schlomo didn't see the $$$ |