Joe Roberts and Dr. Donald Jones have a general partnership over Tyler's Sports Bar & Grill. This is, "an association of two or more entities to carry on a business a co-owners " (Hodge, 400). Roberts and Jones did not create a partnership agreement when opening the business. Off of the record they agreed that Jones would supply all of the start up money for the business and remain a silent partner while Roberts ran and managed the Bar and Grill. Dan Davidson was a guest at Robert's establishment where he attained a blood alcohol content of .16 before killing Sara Smith with his vehicle. Because the family of Ms. Smith may be looking to sue both Joe Roberts and Dr. Jones for liability for the accident that Davidson was involved in.…
The sentencing judge found that it was established beyond reasonable doubt that the respondent, after finding out that Flick was pregnant, that the course of terminating the offspring by any means in his power, either consensual or otherwise was going to be taken and was part of his thought process during the course of Flicks pregnancy up to the events on the 20th of August 2002. Mens Rea in this case concerning a guilty mind in regards to King has been proven by the actions that led to the assault. It has been stated before the court that King sought an abortion upon the beginning of the pregnancy, determining his disagreement towards the life of the child, and his outlook towards the future of the pregnancy, also being emphasised during his conversations involving Jessica Williams and Brianne McCarthy offering them a payment of $500.00 if they would ‘bash’ Flick as long as it resulted in the death of the baby. His honour concluded that this course of actions was evident in his previous actions, therefore proving a guilty mind.…
The Australian legal system doesn't deliver justice equally for all Australians. In this essay, the issues of the relationship between laws to ethics, morals and values, access to the legal system and issues of fairness in the law will be discussed. There are several relevant examples that have influenced the viewpoint of this essay. The case of Dame Elizabeth Butler-Sloss, the case of Amy vs Adam (www.lawcouncil.asn.au) and the case of Brendan Dassey.…
Facts: Zelma Mitchell petitioner-appellee was dismissed from her position at Lovington Good Samaritan Center Inc. in June 12, 1974. The said grounds for her dismissal would be misconduct.…
Mental Illness - Dr Nielssen had diagnosed the prisoner as having a recurrent depressive illness, alcohol abuse and personality disorder. The Crown acknowledged before the jury that the prisoner had a long term depressive illness. At the time of the stabbing his capacity to control himself was possibly substantially impaired by his severe depressive illness.Dr Nielsson said, “It may have affected his capacity to control his…
Federalism has been around since the start of our nation. It has tried to balance and set boundaries between the national and state government which has changed significantly since the start of time. It is still evolving as we are in the twenty-first century. The role that our government has today is expanding.…
On November 16, 2012, I observed a court hearing of 14 cases. Some of these cases dealt with people who committed crimes such as aggravated assault, Acc involving Death/ Injury, Terroristic threats, Retail theft, conspiracy theft, Resist Arrest/Other Law Enforce and Knowing/ in Mftr/Dist of Design Drug.…
To achieve justice, people need to mount a proper case and this costs money. Legal rep is not a problem for the wealthy who can afford their own legal rep and for the poor who are eligible for legal aid. Anyone who has a really good chance of winning their case and has a small income has a high chance of getting legal aid.…
Jonas has been attacked by someone and has been harmed. Explain what offences might have been committed upon him.…
1. Summarize why immigration is an important issue in the United States. Include how immigrants can become citizens.…
To understand the justice system in America you must understand criminal law. Criminal law is different from all other types of law. If you are charged with a crime it is best that you understand criminal law. Criminal law is a branch of law dealing with crime: the branch of law that defines the nature of crimes and sets suitable punishments for them. (Encarta, 2009) This criminal law system is laws and rules for society to follow so that everyone is safer. As well as having laws in place to protect people from harm and to encourage good social values within a community, laws are also guidelines which people are expected to live by. (Mulherin, 2009) The rules and procedures of criminal law are important for the function of society.…
Schmalleger, F. (2010). Criminal law today: An introduction with capstone cases (4th ed.). Upper Saddle River, NJ: Prentice Hall.…
8. In a shootout with the armed guard during this a bank teller and police officer is shot.…
There are some defenses that a person charged with a crime can bring up to try to negate either the actus reus, mens rea, or both. Types of defenses are: duress, infancy, insanity, intoxication, necessity and self-defense.…
If societies are based upon agreed upon laws, then they are very much interrelated subjects. They are symbiotic, interwoven, interconnected. When someone commits a crime against another person or their property, they will have to face the consequences in a court of law. Or reduce it to a smaller group such as a tribe. Even amongst members of a tribe, there are laws that may only be verbal, or perhaps not even as formal as that. They are followed because children see them in the form of examples as they grow up. Within each tribe, culture or society, some form of punishment is enforced when a cultural norm is broken.…