Question
Read and answer the question 4.Francesis married to BillyBob, alaconicbarber who has not paid much attention to her for several years. Frances works at the
Read and answer the question
4.Francesis married to BillyBob, alaconicbarber who has not paid much attention to her for several years. Frances works at the local departmentstore(part of a large regionalchain)inher town as the store bookkeeper. Her boss is James, the store general manager. James is handsome, sweet-talking,anda bitconniving, and he notices that Frances seems to be falling in love with him. James begins to woo Frances. While getting "close"toFrances, he convinces Frances toparticipatewith him toskimsomemoneyfromthe store by adjusting merchandise invoices.Thetwoplottogether how best to arrange the books so that their skimming is not noticed by the regional sales manager or auditor. James and Frances begin to make substantial amounts of money, which they use in part on their romantic adventures.When the regional sales manager begins to suspect that the merchandise invoices might have been doctored, James and Frances plan to stage a small office fire to damage the account books so that they cannot be read.One night, after the store closes, they stage what looks like an accidental office fire. The fire gets out of control, though, and the store is seriously damaged, with much merchandise lost. After a brief investigation by the local fire inspector and police department, James and Frances are arrested. While arresting James, the police search his person, and they find that he is carrying a fire starter and some falsified invoices from a dressmanufacturer.
a.Identifyand describe at leastthreecommonlaw crimes with which James and Frances can be charged based on these facts and the basic elements in support of those charges.
b.Canthe fire starter and the falsified invoices be admitted into evidence against James and Frances at theirtrial?Pleaseexplain your answersuccinctly.
6.Which court or courts would havejurisdictionas to each of these lawsuits? Pleaseidentifywhich courts (state or federal) in which states would havejurisdiction. Please be sure to considerallpossiblestate or federalcourtsinall possiblestates.Explainyour reasoning witheach.
a.Connor, a craft artist who lives in South Carolina, sells his handmade ceramic bowls and other serving pieces at arts and crafts fairs held in various South Florida locations during the busy winter season. Laurel, who lives in Jupiter, Florida,boughtsomeceramic bowls fromConnorata fair in Jupiter that he assuredher were microwave safe. About a week after buying the bowls, Laurelheatedsome food in her microwave to serve to friends in one of the bowls that she had bought from Connor. The bowlbrokewhileLaurelwascarryingit to the table, causing hot food to spill all over Laurel. Laurel had$15,000worth of damages,mainly medicalbills for treatment of her burns and costs of replacing her designer clothes.
b.AuntieEmand Uncle Henry have a farm in Kansas that sits next to a small stream. Elvira Gulch, the local administrator for the U.S. Environmental Protection Agency, has issued an order declaring the stream to be part of the navigable waters of the United States and thus subject to the provisions of, among other statutes, the U.S. Clean Water Act. Ms. Gulch also has ordered AuntieEmand Uncle Henry to undertake an expensive cleanup of the stream and to relocatetheirrelativelynew chickencoop(the earlier one having been destroyed in a tornado). AuntieEmand Uncle Henry believe that Ms. Gulch hasexceededherstatutory authority and want tosuetoenjoinher (and the EPA in general) from enforcing herorders.
c.HobbesNautical AdventuresInc.(Hobbes), a maker of custom boats incorporated in Delaware with a principal place of business in Texas, sold a custom boat to Calvin, who is a resident of Louisiana. The sale took place at the facility in Texas whereHobbeshasits only operation and showroom. The boat has a serious defect that becomesapparenta few months after Calvin takes the boat to Louisiana with him. The boat cost $125,000 when Calvinpurchasedit.
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