Review the facts of the sam kant case

Assignment Help Business Law and Ethics

Reference no: EM13770406

Review the facts of the Sam Kant case from Memo One. For this assignment, Mr. Kant stands charged with petit larceny rather than shoplifting. Please thoroughly apply the law provided below, based on your lessons and reading material regarding legal analysis and writing. In preparing your memorandum, please consult the sample Legal Memorandums from PCD and Statsky. Discuss whether or not you think Mr. Kant could be convicted of petit larceny pursuant to the law provided. Please note, this is a closed memo and no outside research should be conducted. Apply only the law as provided below.

For the purposes of this assignment, Sam Kant stands charged with Petit Larceny under Criminal Statute §143.03(a) which provides the following:

A person is guilty of petit larceny when he deprives the owner of property.

Petit larceny is a class "A" misdemeanor

Criminal Statute § 143.00 Larceny; Defined

(1) A person steals property and commits larceny when, with intent to deprive another of property, or to appropriate the same to himself, he wrongfully takes, obtains or withholds such property from an owner thereof.

In State v. Gross (2001) the defendant moved for dismissal of petit larceny charges because he had not yet left the store with the merchandise in his possession. Defendant, Gross, removed 2 rib eye steaks from the plastic wrapping in which they were encased, placing them below his shirt and under each armpit, and was apprehended after having passed the last point of purchase, but prior to reaching the exit doors. The court held that: (1) a defendant demonstrates the requisite intent to deprive an owner when he acts in a manner that is contrary to those which would be undertaken by an ordinary person, under ordinary circumstances for the situation involved, and (2) actions that are inconsistent with and are ultimately adverse to the owner's interest may be enough to establish guilt beyond a reasonable doubt, and (3) the nature of these acts may be enough to establish guilt beyond a reasonable doubt despite the defendant not having left the premises.

Reference no: EM13770406

Questions Cloud

Define cyber-attack simulator systems : Identify at least three (3) benefits or key knowledge points that could be derived from using cyber-attack simulator systems and research, and suggest how this insight could assist in defining the needs for security within an organization.

Free trade and the arguments for protection : Present the arguments for free trade and the arguments for protection of the US domestic steel industry. Analyze and evaluate the arguments. What policy should we follow in the steel industry and why?

Have you violated any laws by your actions or inactions : You have worked at this organization for over 10 years and feel totally unappreciated. Have you violated any laws by your actions or inactions? Have you made any ethical violations? Explain

Benefits and disadvantages of collaboration in the country : Egypt your firm's executive team is very impressed with the work you've done in examining the firm's potential expansion into the country you've researched.

Review the facts of the sam kant case : Review the facts of the Sam Kant case from Memo One. For this assignment, Mr. Kant stands charged with petit larceny rather than shoplifting

What is its nominal interest rate-fixed exchange rate : Suppose that the Canadian economy, on a fixed exchange rate, has a real growth rate of 2% and is in equilibrium with an inflation rate of 10% and risk premium of 1%. Suppose that changes in the US cause its real rate of interest to increase from 3% t..

Should judge stump be immune under the circumstances : Should judge Stump be immune under the circumstances? Define the following legal terms: moot, case or controversy, res judicata, standing, statute of limitations, and privity

Investor wishes to price and put option on the spx index : Investor wishes to price a 3-month put option on the SPX index traded on CBOE. Suppose the SPX is currently at 1400, and the put is at the money (i.e. currently the price of the index is exactly the same as the exercise price of the option written on..

How will you remedy any areas of weakness in your paper : Describe the main areas of your paper that you need to work on as well as areas that your reviewers felt you did well on. How will you remedy any areas of weakness in your paper?

User Account

All Pages