The violation of statutory provisions by a landlord can qualify as a proximate cause for injuries to tenants in the case the surrounding environment was insecure and there was clear knowledge of intrusions into the given residential area. Ten Associates v. McCutchen Fla. App., 398 So.2d 860 (Fla.App. Ct. 1981). The landlord was legally obligated to positively respond to the plight of the tenants as their lease agreement put him responsible for any required repairs within the common area. The tenants, including Parker, had made numerous attempts to inform him of increased frequency of intrusion due to a broken deadbolt lock that he was mandated, according to the provisions of the statute, to promptly repair.
Mr Eldridge should be found guilty of the crime of the murder of Mr Arms because there are zero doubts that Mr Eldridge is guilty. Although the Defense claims that he is innocent, Mr. Eldridge stated that he went into the morning of the murder and begged for a raise. When denied he quit, Sandy Smith stated that he was in desperate need of money at the time of the murder. Also, Mr. Eldridge didn’t know the code to the safe where the recipe was located, making him have to break into it to be able to retrieve it. His fingerprints and footprints were found at the crime scene.
Read Case 10-2, Welge v. Planters Lifesavers, on page 243. What theory of liability did Justice Posner use in finding the defendant liable? Judge Posner used the strict product liability theory in finding the defendant liable (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011).
Case Brief Case Information The United States Supreme Court decided Missouri v. Galin E. Frye on March 21, 2012. Case Facts In August of 2007, defendant Galin E. Frye was charged with driving with a revoked license; he had already been convicted three times for the same offense and Missouri charged him with a class D felony, which carries a maximum prison term of four years.
Every human has rights to practice their religions. In this week’s reading, we read about the In Re Brown case. This case is about two felonies committed by the 20-year-old daughter Andrea, who shot her mother Mattie Brown, as she was only the eyewitness to the murder Andrea committed. She killed her own father by giving him a rat poison. Mattie brown was taken to the hospital.
Thurman V Torrington is about a wife whom has suffered from many years of abuse and harassments from her husband. Throughout the many years of this abuse Mrs. Thurman has called out for help in which she never received. Even though her husband was arrest once it never ended until it was too late. What is Abuse? It is the hurting of one mentally, physically, emotionally, and verbally.
The main case when dealing with attempt offence is the Cawthorne v HM Advocate case. The facts of the case are as follows: the accused fired several shots into a room with four people in it; the shots were aimed low enough to strike one of the four persons; luckily no one was killed nor injured. Despite of not having killed anyone Mr Cawthorne was convicted of attempted murder. It was argued that the he had not attempted to kill anyone but solely scare them. He was convicted, despite of this, as he had displayed wicked recklessness which proved to be enough evidence for the mens rea – the mental intent to commit a crime, in this case – of attempted murder.
In 2013, the Supreme Court case Moncrieffe v. Holder refuses a Board of Immigration Appeals to removal from the United States of a lawful permanent resident based on a long term criminal conviction related to sole possession of small amounts of marijuana. The case finally made it all the way to the Supreme Court, which is considered a rather technical question of the interpretation of the U.S Immigration laws. Local police departments have long been accused of profiling Hispanic, African-Americans, and other minorities of race in law enforcement activities, including run of the mill traffic stop. Critics fear that immigration enforcement by state and local authorities will lead to increase of racism. Many Americans have shown concerns with the implementation of racist discrimination of the U.S immigration laws by state police agencies and local authorities.
In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.
Question Presented Under Massachusetts law, does Richard Melville a twelve-year-old boy, non-tenant of 666 Elm Street, a building owned by C.D. Management Corporation (“C.D Management”), assaulted in their basement, fall within the category of people that C.D. Management owes a duty of reasonable care? Brief Answer No, he does not. The rule in Massachusetts is that landowners owe a duty of reasonable care to those that are lawfully on their property.
The predictions made by Justice Harlan were accurate, as he thoroughly predicted on what the ruling entailed. The ruling allowed for the ignorance of the amendments that protect the rights of colored citizens and allowed them to stay as citizens. In the Plessy v. Ferguson case, the ruling ended up impacting the country in the way he described with aggressions being stimulated. Colored people lost many of their rights that were granted upon the passing of the 14th and 15th amendments, and they were faced with violence and prejudice. A rift between the colored and white was created with colored being labeled as being inferior to whites.
Finally, in the fifth count of her complaint, Ellina states a claim for intentional infliction of emotional distress (“IIED”). “[T]o impose liability for intentional infliction of emotional distress: (1) The conduct must be intentional or reckless; (2) The conduct must be extreme and outrageous; (3) There must be a causal connection between the wrongful conduct and the emotional distress; (4) The emotional distress must be severe.” Harris v. Jones, 281 Md. 560, 566 (1977). Critically, the intent requirement of the tort requires the tortfeasor to have acted intentionally or recklessly. Indeed, in her complaint, Ellina alleges that Gil “intentionally and/or recklessly engaged in conduct . . .”
Mens rea is the element of a crime which alludes to what is known as the “guilty mind”. The case of R v Mohan [1976] QB 1 , the case dealing with the meaning of intention in the context of the offence of murder, James LJ clarified that intention meant ‘aim’ or ‘a decision to bring about a certain consequence’ whilst mens rea is generally related with motive what it more directly links to the notion of intention. There are two types of intention, direct intention and oblique intention .Oblique intention is difficult for a jury to infer and difficult for a prosecutor to prove. Defining mens rea of intention precisely is very difficult over the years.
There is no one name for the case of Frank Abagnale. He was tried in France, Sweden, Italy, and then finally the United States. Therefore, it is reasonable to call the case The United States versus Frank Abagnale. He was accused of bank fraud, identity fraud, and professional con artist. A great criminal always starts young.
April Villegas 2/28/2015 Viewing Guide: CJL 3510 - Indictment - The McMartin Trial Prosecutors. 1. The text discusses the prosecutor’s office at work. From the tape, cite some examples of work issues related in the text. In the courtroom is the trial of the infamous McMartin case of child abuse is the District Attorney’s (DA) office.
