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Questions and Answers of Law for Business

Plaintiffs filed suit to prevent the enforcement of the criminal statute outlawing “providing material support” to terrorist organization. The United States District Court for the Central
Defendants were convicted of sabotage and destruction of government property in the Eastern District of Tennessee. The Sixth Circuit Court of Appeals reversed the sabotage convictions and remanded
Defendant Jamey Allen Reid was convicted in Circuit Court, Oconee County of second-degree attempted criminal sexual conduct with a minor. Defendant appealed and the Court of Appeals of South Carolina
Melvin Dlugash was convicted of murder in Kings County. He appealed and the Supreme Court, Appellate Division, reversed and dismissed the indictment.The People appealed and the Court of Appeals of
Evelyn Soto was convicted of drug conspiracy in the Southern District of New York. Soto appealed and the Second Circuit Court of Appeals reversed her conviction.. . . The basic facts are not in
Defendant was convicted of soliciting another to rob a bank before the United States District Court for the District of Maine and defendant appealed. The Court of Appeals affirmed the
Steven Roe was convicted for second-degree murder in the Westchester County Court. The Appellate Division of the Supreme Court affirmed and the defendant appealed. The Court of Appeals, which is New
Clyde Leech was convicted in the Superior Court of King Count of first-degree felony murder. Defendant appealed.The Court of Appeals reversed and remanded. The state sought discretionary review. The
Anthony Ireland was convicted for four counts of forcible rape in Superior Court, Fresno County. The California Court of Appeals affirmed.. . . Each of appellant’s four convictions of forcible rape
Christopher Fettes was convicted of assault and battery by means of a dangerous weapon. The Appeals Court of Massachusetts affirmed.. . . We relate the evidence in the light most favorable to the
Defendant was convicted in the Superior Court, Los Angeles County of kidnapping and two counts of assault with a semiautomatic firearm. The California Court of Appeal, Second District,
Ricardo Infante was charged with interstate stalking. After the preliminary hearing, Infante requested dismissal of the complaint. The District Court of Arizona dismissed the complaint for lack of
A jury convicted Monroe of arson in the Northern District of Texas and the Fifth Circuit Court of Appeals affirmed.. . . Monroe stole a gas stove from his apartment when he moved out. Gas seeping
Defendants moved to dismiss accusatory instruments charging them with criminal mischief in the fourth degree, making graffiti, and possession of graffiti instruments. The Criminal Court, City of New
Jeremy Ferrara was convicted of burglary of a dwelling in the Circuit Court, Hernando County. The District Court of Appeals of Florida affirmed.Jeremy Ferrara [“Ferrara”] appeals his conviction
Christopher Andrew Phillips was convicted of violating the Computer Fraud and Abuse Act in the Western District of Texas. The Fifth Circuit Court of Appeals affirmed.. . . Phillips entered the
John Foreman was convicted of first-degree theft in the Superior Court. Foreman appealed and District of Columbia Court of Appeals reversed and remanded.Appellant was charged with, among other
Rickey Stallings was convicted of forgery in the Circuit Court, Cole County and sentenced to ten years in prison. Stallings appealed and the Missouri Court of Appeals affirmed his conviction.. . . In
Defendant was convicted, following a bench trial and denial of her motion for judgment of acquittal, in the United States District Court for the Northern District of Florida, of falsely representing
James Helms was convicted in Circuit Court, Duval County of deriving support from the proceeds of prostitution and transporting another individual for the purposes of prostitution. Defendant appealed
Defendants were charged with multiple violations of federal gambling laws for their actions in relation to online poker. They moved to dismiss the indictment and the Southern District of New York
New Jersey enacted two laws that authorized certain sports betting. Five sports leagues sued under the Professional and Amateur Sports Protection Act (PASPA) to stop the laws from taking effect. The
Jorge Canal was convicted of knowingly disseminating obscene material to a minor in the District Court, Dallas County. The Court of Appeals affirmed. The Supreme Court of Iowa also affirmed.. . . On
Defendants were convicted in the Municipal Court of driving with an impermissible drug or its metabolite in a person’s body. Defendants appealed. The Superior Court, Maricopa County affirmed.
The United States of America sued the Commonwealth of Virginia for refusing to allow women into the Virginia Military Institute. The Western District of Virginia ruled in favor of Virginia. The
Johnson was convicted in the County Criminal Court No. 8, Dallas County for desecration of a venerated object and he appealed. The Dallas Court of Appeals affirmed the conviction. The Texas Court of
Decina was convicted of criminal negligence in operating an automobile in the Supreme Court of Erie County and appealed. The Supreme Court of New York granted a new trial and both Decina and the
Thomas Harrison was convicted of driving while intoxicated in the District Court of Bernalillo County. The New Mexico Court of Appeals affirmed the conviction.Defendant and a friend, Jude Mari
Defendant was convicted in the Circuit Court, Jackson County, of manslaughter of elderly burglary victim who died of fatal cardiac dysrhythmia. Defendant appealed.The District Court of Appeal
A jury convicted Lawson of petty theft. He appealed and the California Court of Appeals affirmed.A jury found defendant, Brent Kerrigan Lawson, guilty of petty theft for stealing a \($20\) hoodie
The State of Florida sought an order quashing the trial court’s determination that James was entitled to utilize a “castle doctrine” defense at his trial for second degree murder. The Florida
Defendants were convicted of unauthorized possession and distribution of instruments to administer controlled substances in the District Court of Essex County. On direct appeal, the Supreme Court of
Helton was found guilty of criminal gang activity in the trial court. He appealed and the Illinois Court of Appeals affirmed.The undisputed facts are that James Helton, a sixteen-year-old white male
Roosevelt McClenton was convicted of first degree aggravated robbery and fifth-degree possession of a controlled substance in the District Court of Hennepin County.Defendant appealed. The Court of
Esmeralda Guevera, age 10, was convicted of threatening to bomb or injury property. The trial court concluded that despite her age Esmeralda had the capacity to commit a crime. She appealed and the
The defendant, Phuoung Nguyen Le, was charged with Mailing Threatening Communications to Congressman Bobby Scott. Le originally pled guilty to the charge, but later made a motion to withdraw his
Brian Chism was convicted of being an accessory after the fact in District Court, Caddo Parish and sentenced to three years in prison, with three and a half years suspended sentence. Chism appealed
Paul Formella was convicted as an accomplice for the theft of a mathematics exam in the District Court, Lebanon County. The Supreme Court of New Hampshire affirmed the conviction.. . . The relevant
The defendant, Angelo Todesca Corporate, was convicted of motor vehicle homicide in the trial court and appealed. The Massachusetts Supreme Court affirmed.. . . In December, 2000, Brian Gauthier, an
Hassan Abu-Jihaad was convicted of disclosing national defense information and of providing material support to terrorist by a jury in the District Court of Connecticut. Abu-Jihaad moved for a
Billy Ray Nibert was convicted of capital murder in the Circuit Court, Hillsborough County and he appealed. The Supreme Court of Florida affirmed the conviction, vacated the death sentence and
Following up on question number 3, assume the school conducts a manifestation determination meeting. Tim attends the meeting with his parents. At the meeting, Tim tells the team that smoking helps
John Walker Lindh is an American citizen who was captured by the Northern Alliance on the battlefield in Afghanistan in November 2001. Known as “the American Taliban,” Lindh attended a military
Judy Smith was just dumped by her boyfriend of five years, Stephen Myers.Stephen has found a new woman in his life and is about to take her on a sevenday Caribbean cruise. Judy is distraught at the
Geraldo is a newsman embedded with an Army infantry unit in Afghanistan. In an effort to give his network the best coverage of the war on terror, Geraldo draws a map in the sand indicating where his
Congress has authority to regulate certain types of conduct that take place beyond the territorial borders of the United States. This is known as extraterritorial jurisdiction or ETJ. For example,
• An act is terrorism if it is premeditated, politically motivated, violent, and committed against noncombatants.• Domestic terrorism is carried out by an individual or group that is based within
• Offenses against the state other than terrorism include sedition, sabotage, espionage, criminal syndicalism, and espionage.• Treason, or “[a] breach of allegiance to one’s government,
Joey McGrady was driving under the influence of alcohol when he lost control and collided with Melissa Jacobs’s car. Melissa was 35 weeks pregnant at the time of the accident. After the accident,
Jill Parks was a healthy, vibrant 22-year-old college student embarking on her senior year.One evening after drinking at a local bar with her friends, Jill was crossing the street when an oncoming
Elizabeth Harris and Paul Thibodeaux lived together with four children. Paul believed he was the biological father of all four children. One afternoon, however, Elizabeth informed Paul that she once
Dana Smith was a notorious drug dealer in a dangerous inner-city neighborhood. One afternoon, Stanley Jacobs visited Dana’s apartment for the purpose of buying illegal drugs. Dana sold Stanley
• Homicide is the killing of a human being by another human being.• Most jurisdictions retain the common law definition of the beginning of life: that life begins when a fetus is born alive.
• Murder is homicide with malice aforethought.• In general, first-degree murder is murder that is willful, premeditated, and deliberated. It is a “cold-blooded”killing, one that is arguably
• The felony murder rule states that a person is guilty of murder when a death results during that person’s commission of a felony.• Most states limit the felony murder rule to inherently
Jim and Brenda dated for approximately 12 months before they finally ended their tumultuous relationship. One evening six months into the relationship, Brenda alleges that Jim forced her to engage in
Julie and her girlfriends are excited to attend their first college party at a campus fraternity. Before they head out to the party, the girls decide to do a few “pregame”shots of vodka in their
Joe and Janine are walking home from dinner and a movie one evening when Lucas suddenly pops out from behind a dumpster, points a gun at the couple, and demands they turn over all of their
Juliette is the top equestrian in the state and is out riding her horse, Biscuit, in preparation for an upcoming competition. Sarah is the second-best equestrian in the state and really wants
Edward was devastated when Brittany ended their two-year relationship. Desperate for a way to win her back, Edward created a fictitious Facebook account under a different name. Brittany accepted the
• Rape is generally defined as the “taking of sexual intimacy with an unwilling person by force or without consent.”• Rape is usually intercourse; sexual assault is other sexual contact
• Robbery consists of (1) the taking (2) and carrying away(3) of the personal property (4) of another person (5) by violence or by putting the victim in fear (6) with intent to permanently deprive
• Battery is unlawful touching, typically with injury.• Though the actus reus of battery usually requires injury, not all states impose this requirement.• A threatened battery assault occurs
• Kidnapping refers to the unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.• False imprisonment has been defined as forcing a
Just days before graduation, Jeremy Bates learns he failed his chemistry final and will not be graduating from high school. Determined to get “revenge,” he plans to burn down the school.
Stephanie, an amateur painter, lives in a rough inner-city neighborhood with decaying buildings and littered streets. Stephanie decides she wants to “beautify” the neighborhood and make it a more
Joey’s family owns several acres of property in the Pocono Mountains of Pennsylvania. Joey often hunts, hikes, and rides snowmobiles throughout the family property. One snowy afternoon, Joey rides
One afternoon, Dan notices that his neighbor’s front door is wide open and no one appears to be home. Dan enters the front door to make sure that everything is OK inside. After he enters the foyer,
Mark is a self-appointed computer science expert. He decides one day to challenge himself and see if he can hack into the U.S. Department of Defense website“just for kicks.” Mark has no intention
• There were four common law elements of arson: (1)malicious (2) burning (3) of a dwelling (4) of another.• The actus reus of arson today is damage by fire or explosion.• Smoke damage, without
• The actus reus of trespassing is entering or remaining on another person’s property without permission.• The mens rea of trespassing varies by statute, but in states with general intent
• Cybercrime refers to any crime committed with the assistance of a computer.• Cybercrime often falls into two categories: theft, and property damage or destruction.• Hackers use computers for
Michael Janson is a local police officer. One evening, Janson pulled over George McCain for making an illegal lane change without a signal. Janson insisted that George exit the vehicle and searched
Carrie is addicted to heroin and will do anything to feed her addiction. She decides to take her husband’s Rolex watch and sell it at the local pawnshop for cash. The Rolex watch was purchased with
Joey offers to sell Melissa the latest version of a popular gaming system for only $25 cash, although in the store it generally costs over $200. The deal seems too good to be true, and Melissa
Phil Smith is a general contractor. Harry and Sally Jones hired Phil to finish their basement and willingly provided him with a $10,000 deposit. Phil described his expertise in basement finishing,
• Common law larceny was defined as the trespassory taking and carrying away of the personal property of another with intent to permanently deprive the owner or possessor of the property.• In
• It is a crime for a person to receive stolen property, even if that person did not actually steal the property.• Extortion (also called blackmail) consists of taking another person’s property
• False pretenses is shorthand for the crime of obtaining property by deception. It is distinct from larceny because of the deception and/or false representation involved.• Forgery is the false
The state legislature passes the following law: “It shall be illegal for any person to engage in aggressive panhandling in the evening within 100 feet of any major tourist attraction.” You are a
Joseph is interested in child pornography and often searches the Internet for pictures of children engaged in sexual activity. One evening, Joseph downloads a piece of “virtual child
George is suffering from a terrible cold at work one evening. To try and combat the symptoms, he drinks an entire bottle of a nighttime cold medicine before driving home. He is pulled over by the
Judy was at the mall with her girlfriends trying on prom dresses at a local department store. Directly outside of the women’s dressing rooms was a collection of large mirrors where the girls would
John is part of a religious group that believes you should have multiple wives. However, since John realizes that the United States criminalizes plural marriages, he officially marries only one woman
• At the federal level, one who incites, encourages, participates in, and/or carries out a riot may be guilty of an offense—provided that there is an interstate or foreign commerce dimension to
• Prostitution is defined as performing or agreeing to perform a sexual act for hire. It is criminalized in all states, except Nevada, where a limited number of rural counties license legal
• Crimes against decency and/or morality include incest, indecent exposure, voyeurism, bigamy, polygamy, and, in some jurisdictions, profanity.• Incest refers to sexual intercourse with certain
The Western District of Oklahoma denied a motion for a preliminary injunction. The 10th Circuit Court of Appeals affirmed, and the United States Supreme Court also affirmed.Prisoners sentenced to
The following is a state criminal statute: “Section 1.023(a): It shall be unlawful to trespass on the property of another without consent if the property suffers physical damage. Violators of this
Jane is a college junior rushing across campus to take her physics final exam. On her way to the classroom, Jane passes another student passed out in the library parking lot. The student is
Brennan recently learned that his wife, Carrie, is having an affair with her personal trainer. Enraged, Brennan decides that he wants to kill Carrie and throw her body into the river. He even stays
Brian convinces his friend Joe, who prefers to stay home and play video games all day, to go for a hike in the woods one sunny afternoon. During the hike, Brian jokingly pushes Joe and Joe falls over
• The general part of the criminal law is “general” because it is not unique to any one crime. For example, underlying every crime is a prohibited act or omission.• The special part of the
• Actus reus is Latin for “evil act.” There cannot be a crime without a criminal act.• In general, a person cannot be guilty of a crime unless that person commits a voluntary act.• An
• Mens rea, Latin for “guilty mind,” is the second critical component of criminal liability.• General intent crimes are those offenses that contain no specific mens rea component.• Specific
• Causation, the requirement that the defendant is responsible for the harm, applies only to result crimes.• Factual causation (or “cause in fact”) requires that there can be no criminal
• Ignorance occurs when the defendant does not know there is a law applying to his or her activity.• Mistake occurs when the defendant knows there is a relevant law that applies to his or her
An intruder broke into Gregory Mason’s home at 3:00 a.m. on March 15, 2010, with the intent to steal his expensive and rare coin collection. Asleep upstairs when he heard the noises in the middle
Patrick O’Sullivan was an invited guest at the home of his friend, Todd Smith. Along with a group of friends, the two were playing pool, drinking beer, and watching an NFL football game. As Patrick
Paul Matthews was a private security guard at the Quick-E-Mart grocery store in Compton, California. One afternoon while Paul was on duty, two armed men entered the store and demanded money from the

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