The following facts are given for four different questions: 1,2,3, and 4:

Montgomery is a chronic gambler and has recently incurred some extremely large gambling debts that he is unable to pay. His unmarried aunt Miss Maxwell has a large fortune that she intends to leave to Montgomery upon her death. But that death will likely be in the distant future. In order to get his aunt's money sooner, Montgomery has purchased a lethal poison. He is about to place it in his aunt's bedtime glass of milk when he is discovered.

1. Should he be criminally liable for his unsuccessful attempt to commit a crime? Explain why or why not.

Montgomery is a chronic gambler and has recently incurred some extremely large gambling debts that he is unable to pay. His unmarried aunt Miss Maxwell has a large fortune that she intends to leave to Montgomery upon her death. But that death will likely be in the distant future. In order to get his aunt's money sooner, Montgomery has purchased a lethal poison. He is about to place it in his aunt's bedtime glass of milk when he is discovered.

2. Should he be liable for a tort? If so, which one? Explain why or why not.

Montgomery is a chronic gambler and has recently incurred some extremely large gambling debts that he is unable to pay. His unmarried aunt Miss Maxwell has a large fortune that she intends to leave to Montgomery upon her death. But that death will likely be in the distant future. In order to get his aunt's money sooner, Montgomery has purchased a lethal poison. He is about to place it in his aunt's bedtime glass of milk when he is discovered.

3. Assume Montgomery is charged with a crime. Why might it be a good strategy for Miss Maxwell to wait until after the criminal trial has ended before pursuing a civil suit against Montgomery?

Montgomery is a chronic gambler and has recently incurred some extremely large gambling debts that he is unable to pay. His unmarried aunt Miss Maxwell has a large fortune that she intends to leave to Montgomery upon her death. But that death will likely be in the distant future. In order to get his aunt's money sooner, Montgomery has purchased a lethal poison. He is about to place it in his aunt's bedtime glass of milk when he is discovered.

4. IF criminal charges are filed in this case, explain two ways the criminal charges might de facto be converted into a civil settlement.