Reference no: EM13852601
1. It is important to know how to read a Law. ALL of the words that are included have a meaning, and ALL of the elements (basic descriptions) of the Crime (or Tort in Civil Law) are made up of such elements.
EXAMPLE: The Common Law description of the crime of Burglary was made up of the following elements: 1) a person 2) breaks and 3) enters the 4) dwelling house of 5) another person, 6) in the night time, to 7) commit a felony. For the person to be charged with the crime of Burglary, ALL 7 of these elements must be alleged in the charge. Then it will be the burden of the Prosecutor to prove ALL 7 of these elements of the Crime in Court, by legal and credible evidence, beyond a reasonable doubt.
How might you determine the following scenarios (is there a chargeable crime or not - if you are unsure of any of the elements, such as to what constitutes a "breaking", you must determine it before you answer):
a) A person breaks the window of a dwelling house at 8:00 PM EST, enters the home of another, and steals a TV set. How have you concluded? What are two of the elements that might be open for interpretation and/or specific proof?
b) A person walks into the open door of a dwelling house at 11:00 PM EST, and steals a very valuable fur coat. How have you concluded? What is a critical element that might be open for interpretation, and/or legal justification?
c) A person is walking by a dwelling house at 11:00 PM EST, and sees a diamond ring on the bedstand under a night light. He goes home, gets his fishing rod, comes back and reaches the pole into the bedroom through an open window, and is able to steal the ring. How have you concluded? What is the critical element that might be open for legal interpretation, and/of legal justification
d) It is a cold winter night, and a homeless person breaks into and enters a dwelling house to get warm. While there, he also steals some food from the refigerator, and makes himself some coffee. How have you concluded? Why did you conclude this way?
e) A person drives his truck into a closed convenience store at 12:01 AM, for the purpose to steal the ATM, which he does. How have you concluded? Why did you conclude this way?
|
Where do we find the federal statutes
: Where do we find the Federal Statutes? What are the names of the Federal Statutes? Which of these is "official"? What does that mean
|
|
Calculate debtors turnover ratio and average collection
: Cash Sales being 25% of Credit Sales. Excess of closing debtors over opening debtors? 80,000. Total sales ?12,00,000. Calculate Debtors Turnover Ratio and Average Collection period.
|
|
Probably inspected for hazardous conditions by personnel
: When the American Telephone and Telegraph Company (AT&T) was recently building a new, multistory complex in downtown Kansas City, the work site was probably inspected for hazardous conditions by personnel from the
|
|
Difference between the cms-1500 and ub-04
: Discuss the relationship between patient accounts, data flow and charge capture
|
|
What is critical element that might open for interpretation
: A person walks into the open door of a dwelling house at 11:00 PM EST, and steals a very valuable fur coat. How have you concluded? What is a critical element that might be open for interpretation, and/or legal justification
|
|
Management is assessing the world marketplace
: Chevron Corporation is one of the largest integrated oil companies in the world. Its management is assessing the world marketplace and taking steps to sustain the company’s competitive position. Chevron is studying external and internal factors that ..
|
|
Prepare an income statement for rasputin corporation
: Prepare an income statement for 2008 and balance sheets for 2007 and 2008. Next calculate cash flow from assets for Rasputin cash flow to creditors, and cash flow to stockholders for 2008.
|
|
Evaluating the decision-generating alternative solutions
: Arrange the phases of decision making into the ideal order in which they should proceed: Identifying and diagnosing the problem- Evaluating the decision, Generating alternative solutions, Evaluating alternatives. Match decision making process with ea..
|
|
What are the benefits or strengths of christian belief?
: What are the benefits or strengths of Christian belief? What is troublesome or confusing about Christianity?
|