What are the elements of crime

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Question 1.

Michael got drunk to work up the courage to shoot his ex-wife. He shoots her but does not kill her. What defense, if any, does Michael have to a charge of assault with intent to kill? Will he be successful? Explain why. Support your response with legal reason.

Question 2.

Jack, who is 9 years old, took his father's loaded gun and killed his 4-year-old sister. What defense, if any, will Jack likely use? Will he be successful?

Question 3.

Stacey has had it with her husband's cheating, but leaving him will put her in a financial bind. She wants to take advantage of his $1 million life insurance policy, so she offers a man $100,000 to kill her husband, making it look like a fishing accident. What crimes if any has Stacey committed. What defenses if any may she assert? Explain why. Support your response with legal reason.

Question 4.

You're the manager of a small retail store. A customer comes in and asks to return an item he purchased over a year ago, even though there are posted signs that clearly indicate "No returns or exchanges after 30 days." The customer becomes irate, and you try your best to appease him, even by offering a discount on a new item, which you normally wouldn't do.

Finally, after you explain that you don't have the authority to break the 30-day rule and he'll have to come back when the owner is available, he storms out of the store in a huff.

About 45 minutes later, you leave the store for your lunch break. As you're heading toward the parking lot, you suddenly hear an engine rev behind you. The irate customer is in his car and drives - fast - toward you and hits you. Fortunately, you were able to jump out of the way to an extent, but he still knocks you down and you suffer broken bones, bruises, and lacerations.

What are the elements of a crime? What crimes have been committed by the customer in this scenario? What defenses may be asserted by the customer? Discuss whether or not the manager may bring a civil suit against the customer in addition to the criminal charges being filed by law enforcement.

Reference no: EM133188479

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