tavern during the night in question. Mrs. White seeks settlement under the state of Indiana’s Dram Shop Act. Under the Dram Shop Act‚ a bartender assumes liability to any persons injured who were served alcohol while exhibiting obvious signs of intoxication (Todd‚ 1986). Since the two parties reside in different states‚ the case was brought to the United States District Court for the Northern District of Indiana. The defendants‚ Patrick Gibbs and O’Malley’s Tavern‚ sought summary judgment on their
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she began to feel unwell‚ and took regular trips to the bathroom to drink water. She consumed 7 litres of water in the duration of 90 minutes. There was a lot of speculation on the fundamental cause of her death‚ which was established as water intoxication as a result of the increased consumption of water drank whilst feeling unwell at the party. Professor John Henry (1995) also stated “water is not an antidote to ecstasy‚ it is an antidote to dancing” showing that the amount of water she consumed
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However‚ she may be able to raise the defence of intoxication through alcohol. The success of such a defence however depends whether the intoxication was voluntary or involuntary. In both cases the court would firstly consider whether the intoxication took away the mens rea. In Kingston (1994) the defendant was attracted to young boys but controlled it. His friends spiked his drinks and set him
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The insanity defense is one of the several legal questions that might be raised in a criminal case. This type of defense in a criminal case focuses on the defendant’s cognitive and mental state at the time of the offense. Due to this speculation‚ the questions focuses on whether the defendant is criminally responsible for his or her behavior due to the mental state at the time of the offense (Hugaboom‚ 2002). Also‚ additional questions are required to determine psychological evidence might also
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something for significant since the reinstatement of the death penalty in 1994. The case of Kansas V. Cheever involves just that‚ the sentence of death for a man accused of killing a Kansas Sherriff. During the trial the defendant declared a voluntary intoxication defense due to the consumption of methamphetamines at the time of the killing. A mental health exam was ordered to see if Cheever’s mental capacity made him incapable of premeditation
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disputes as to the material facts of the case and the party is entitle to judgment as a matter of law. (1) The defendants Patrick Gibbs and O’Malley’s Tavern claim there is no evidence to support that the bartender John Daniels saw any visual signs of intoxication from Edward Hart. This means the defendant isn’t subject to any legal wrong doing. The plaintiff Debbie White is requesting the court to deny the defendants request for summary judgment. The plaintiff claims there is evidence to show the bartender
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from the problem of over-slimming. One kilogram of dates contains almost 3‚000 calories. These calories alone are sufficient to meet the daily requirements of a human body. Intoxication: Dates are known as an excellent remedy for alcoholic intoxication. Dates provide quick relief in the case of alcoholic intoxication. They should be rubbed and soaked overnight for getting more nutritious values from them. Diarrhea: Ripe dates contain potassium. Potassium is beneficial for controlling diarrhea
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Week 2 Mens Rea The defendant’s mental state. Mens Rea and Actus Reus are necessary for a crime; apart from in strict liability crimes when mens rea is not necessary. Different crimes have different mens rea. Example: murder requires intention to cause death or GBH. Sometimes an offence will have different mens rea for different aspects of the crime. Example: rape needs intention to commit sexual intercourse but only needs recklessness as to whether the victim is consenting
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Whitney Moss – 8.1 Analyzing the Elements and Defense of a Crime As a paralegal you should be a where of what charges pertain to what crime however you will still need to analyze whether all elements of that crime can be found in the facts of the case given. An analysis is known for being complete until all possible defenses have been looked over. Based on the scenario given Anthony hit a motorcycle while driving under the influence‚ leaving him to be charged with a DUI. The elements of a DUI consist
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(1) Necessity (2) Crime prevention and Law Enforcement (3) Defense of others (4) Self defense‚ (5) Intoxication D. (1) Voluntary intoxication (2) Self defense (3) Intoxication (4) Necessity (5) Duress Correct Answer is B (1) Self defense (2) Defense of others (3) Necessity (4) Crime prevention and Law Enforcement (5) Defense of property or habitation. 3) The tests to determine
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