lines. Contention 1: Tag Line: The term imminence when determining a threat is useless – look at necessity instead Card: Importantly, commentators have recognized that “imminence” is a political term, rather than a moral argument about justification of force, which is more accurately captured by the requirement of “necessity.” Imminence is therefore a political judgment that the temporality of the threat is the best indicator of whether self-defensive force is necessary. If courts interpreted…
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or 4. negligence. A crime may require one of these states of mind with respect to a particular objective element (conduct, circumstance, or result). If no culpability is specifically required in the definition of the crime, Model Penal Code § 2.02(3) specifies that "recklessness" is the minimum required culpability. Proof of a higher level of culpability is sufficient for an element that requires a lower culpability because the scheme is hierarchical. Common Law Homicide: 1. Causing the…
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onto their premises must usually exercise reasonable care to protect them, as they are: business invitees. False imprisonment is defined as the intentional confinement or restraint of another person’s activities: without justification. One element necessary to prove wrongful interference with a contractual relationship is that a: third party must know that a contract exists. Generally, the purpose of tort law is to provide remedies for the violation of: protected…
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Prohibita Mala in se = acts that are wrong regardless of whether they are prohibited by the law "Bad in themselves" Mala prohibita = acts that are considered crimes because they are made illegal by criminal statutes "Bad because prohibited" Elements of a Crime: Corpus Delicti Corpus deliciti – body of circumstances that must exist for a criminal act to have occurred Actus reus Mens rea Concurrence (actus reus + mens rea) Causation Attendant/accompanying circumstances Harm done I…
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through the way, the questions were asked in jury selection I could infer the type of defense the defense attorney was going to use. The proceedings started with preliminary matters and motions. The defense moved to the sequestration of Dr. Vargas an expert witness. The defense objected to his testimony which was endorsed within the last 35 days and no “curricula” for him was provided until that morning. The defense also stated that they filled a summary for written summary for Dr. Vargas in July and…
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order contracts, basic ordering agreements, and so on) have made up more than 30% New contracts (those over $25,000) have made up less than 1% Department of Defense (DOD) Procurements DOD has spent more than $115 billion each year during the past five fiscal years Which DOD departments spend the most? Air Force Navy Army Defense Logistics Agency (DLA) The Federal Acquisition Process Preaward Phase Needs Recognition Award Phase Contract Award Postaward Phase Contract Administration…
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pretenses robbery burglary extortion and bribery forgery, and bad checks Elements of crime Larceny - is the tresspassory taking and carrying away of personal property of another with the intent to deprive the victim permanently of the goods crimes are described in terms of the elements of a crime those conditions that must be proved by the prosecutor to convince the jury that the crime occurred for larceny the elements would be trespassory, taking and, carrying away of, personal property, of…
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Law Professor E. Dixon Assignment #2: Criminal Defenses and Criminal Punishments ABSTRACT: This paper will talk about and discuss the key points involved in the court determining the lawfulness of the use of force. I will also evaluate the level of objectivity inherent in each point that I have specified. Next, I will determine the fundamental difference between the castle doctrines and stand your ground types of criminal defenses. I will justify the validity of each, and provide…
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debate about building new facilities for professional teams has been a topic for quite some time. There are many arguments for and against it but it’s interesting to hear both sides. “The most common justification for a stadium subsidy is that the team would otherwise leave the city. A second justification is that the subsidy will cause the owner of the team to hire better players and coaches and thus improve its performance” (Sandy, pg. 217). I think new facilities are great because it brings excitement…
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diagnosable Mental Disorder Battered Women Syndrome American Psychiatric Association has recognized the syndrome in amicus briefs filed as evidence in homicide cases with selfdefense pleas. BWS is a justification to certain crimes like homicide that is used to support defenses of self-defense or insanity Has been used to support children who kill abusive parents, same sex partner homicides, rape victims who kill attackers, coercion to participate as co-defendant in a serious crime Components…
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