Can you be prosecuted for possessing stolen property

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Reference no: EM13235775 , Length: 1200 Words

1. You are having lunch at a restaurant. After you finish your meal, it starts to rain heavily. You forgot to bring your umbrella. You notice, however, that there are several umbrellas in a stand near the door. You decide to borrow one so that you can get home without getting soaked. Your idea is to use the umbrella to get home. Once there, you will get your own umbrella and then walk back to the restaurant and return the borrowed umbrella to the umbrella stand. Just as you are leaving your house with the borrowed umbrella, the police arrive and arrest you for stealing the umbrella from the restaurant. Can you be found guilty of larceny? Fully explain your answer.

2. You own a coffee shop. You take great pride in the coffee you serve, and always make sure that it is served nice and hot. One day while you are on vacation, the person you hired as manager of the shop decided to make a change in how the coffee is served. Several customers complained that the coffee was not hot enough, so the manager decided to turn up the heat on the coffee maker to its highest setting. Shortly thereafter, the manager heard a loud scream from a customer who said: "The lid fell of my cup and the hot coffee spilled on my lap. I have been burned." The customer was rushed to the hospital where she was treated for third degree burns over 16% of her body. The customer decides to sue YOUfor the cost of her medical care and for pain and suffering. What is the basis for her lawsuit and will the customer win? Fully explain your answer.

3. Mrs. Paulsen was standing on the railroad platform at South Station in Boston. As one of the Commuter Rail trains was pulling into the station, she noticed that smoke was coming from one of the wheels on the train. As the train got closer, the wheel started on fire. A spark from the fire fell on a suitcase of one of the other passengers on the platform. The suitcase started to burn and a spark from the suitcase fell on Mrs. Paulsen's arm, causing a severe burn.Mrs. Paulsen hires you as her lawyer. You decide to file a lawsuit against the Commuter Rail. What is the basis for the lawsuit and what are your chances of succeeding? Fully explain your answer.

4. On day while you were at school, the landlord of your apartment building decided to enter your apartment with a pass-key. Your lease specified that the landlord could enter your apartment with the pass-key "in case of emergency." The landlord believed that you or your roommate possessed marijuana, which the landlord believed was a federal crime. The landlord also believed that removing marijuana from the building was an emergency because the other tenants would not renew their leases if they knew marijuana was allowed in the building. Once inside, the landlord noticed several towels in your bathroom that had the printing "Property of Hilton Hotel." The landlord then called the police and told them that you had stolen property in your apartment. Can you be prosecuted for possessing stolen property (possession of stolen property is defined as: possession of property that you know is stolen)? Fully explain your answer.

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