Learning Objectives

Identify the common law elements of burglary: breaking, entry, dwelling, nighttime, intent to commit felony therein

Distinguish common law burglary from modern statutory burglary (expanded structures, eliminated nighttime requirement)

Analyze arson elements: malicious burning (charring) of the dwelling of another

Distinguish these habitation offenses from theft/property crimes

Key Rules

Common law burglary: (1) Breaking (creating an opening — even pushing open an ajar door), (2) entering (any part of the body or instrument), (3) the dwelling house (4) of another, (5) at nighttime, (6) with intent to commit a felony therein (intent must exist AT TIME OF ENTRY).

Modern statutory burglary: Most states have eliminated nighttime and dwelling requirements — any structure (or vehicle), at any time, with intent to commit any crime therein.

Common law arson: (1) Malicious (intentional or extremely reckless) (2) burning (requires charring — mere scorching or smoke damage insufficient) (3) of the dwelling house (4) of another.

Merger doctrine (burglary): If defendant commits the intended felony inside, they can be convicted of BOTH burglary AND the target felony — no merger.

Arson & Burglary

Overview

Arson (malicious burning of a dwelling) and burglary (breaking and entering a dwelling at night with intent to commit a felony therein) protect habitation rather than property. This week examines common law elements and modern statutory modifications of both offenses.

Key Concepts

This lesson covers the essential rules, analytical frameworks, and practice applications for Arson & Burglary. Each section builds on prior weeks' doctrine and develops skills tested on the California Baby Bar (FYLSX).

Analytical Framework

Apply structured IRAC analysis to every issue: 1. Issue: Identify the legal question raised by the facts 2. Rule: State the governing principle with element breakdown 3. Application: Match specific facts to each element 4. Conclusion: Predict the outcome based on your analysis

Connection to Prior Material

This week builds on and connects to material from previous weeks in Criminal Law. Review prior lessons to identify recurring themes, evolving doctrines, and cumulative analytical skills.

Baby Bar Connection

Criminal Law is one of three Baby Bar subjects. This topic is tested through both essay analysis and multiple-choice questions requiring precise element identification.

Learning Objectives

Identify the common law elements of burglary: breaking, entry, dwelling, nighttime, intent to commit felony therein

Distinguish common law burglary from modern statutory burglary (expanded structures, eliminated nighttime requirement)

Analyze arson elements: malicious burning (charring) of the dwelling of another

Distinguish these habitation offenses from theft/property crimes

Key Rules

Modern statutory burglary: Most states have eliminated nighttime and dwelling requirements — any structure (or vehicle), at any time, with intent to commit any crime therein.

Common law arson: (1) Malicious (intentional or extremely reckless) (2) burning (requires charring — mere scorching or smoke damage insufficient) (3) of the dwelling house (4) of another.

Merger doctrine (burglary): If defendant commits the intended felony inside, they can be convicted of BOTH burglary AND the target felony — no merger.

Arson & Burglary

Overview

Key Concepts

Analytical Framework

Connection to Prior Material

This week builds on and connects to material from previous weeks in Criminal Law. Review prior lessons to identify recurring themes, evolving doctrines, and cumulative analytical skills.

Baby Bar Connection

Criminal Law is one of three Baby Bar subjects. This topic is tested through both essay analysis and multiple-choice questions requiring precise element identification.

Arson & Burglary

Learning Objectives

Key Rules

Arson & Burglary

Overview

Key Concepts

Analytical Framework

Connection to Prior Material

Baby Bar Connection

Cases to Know

Baby Bar Relevance

Arson & Burglary

Learning Objectives

Key Rules

Arson & Burglary

Overview

Key Concepts

Analytical Framework

Connection to Prior Material

Baby Bar Connection

Cases to Know

Baby Bar Relevance