ADJUS-121 Lecture Notes - Lecture 23: Lauria, Overt Act, Model Penal Code

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coppermule660

20 Jun 2020

School

Diablo Valley College

Department

Administration Of Justice

Course

ADJUS-121

Professor

Tiles

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Document Summary

The intent to have the target crime committed was required even if the target crime had a less culpable mental state. If the target crime required a mental state greater than intent, such as premeditation and deliberation, the state had to prove the greater mental state. If the defendant entered into an agreement knowing that a crime would take place as a result of that agreement, there is no specific intent and so no conspiracy. Mpc 5. 03(1) requires there be a purpose to promote or facilitate the crime, which is essentially the same as the traditional approach. On the issue of the target offense containing many elements, the drafters of the. Mpc purposely left if vague and dodged the issue. At common law, it was only necessary for the object of the conspiracy to be an unlawful act, not necessarily a crime.

Related Questions

Question 1

You are president of ACME Enterprises. Every year you have to pay a federally imposed fee for your business. This statute arises from a statute that was previously passed by the United States Congress. Being very "anti-tax" you decide one year that you are tired of paying the fee and that you want to get the fee eliminated. However, you do believe that the fee is constitutional. Which branch of government could pass a law which could eliminate this fee for you?

Judicial B. Legislative C. Executive D. Municipal

Question 2

Which of the following statements is not true?

Bob, a resident of New Jersey, sues Ed, a resident of Florida, for $100,000 over a real estate deal. Bob must bring his suit in a Florida court. B. The conflict of laws may guide a federal court in deciding which state's laws to apply in a case. C. Federal courts have exclusive jurisdiction over bankruptcy cases. D. You are not required to be represented by an attorney in small claims court

Question 3

You were convicted of the federal crime of possession of cocaine with intent to distribute across interstate lines. Your case was tried in the United States District Court for the Southern District of West Virginia. Now, you wish to appeal your case to get your conviction overturned. To which body should you first appeal your case?

United States Supreme Court B. 4^th Circuit Court of Appeals. C. United States Magistrate Court D WV Supreme Court

Question 4

Venue concerns:

Whether a federal court has jurisdiction B. The most appropriate court for the action to be brought within a particular state or federal jurisdiction C. Whether a state court has jurisdiction. Whether a defendant has properly served with process

Question 5

The decision of a state court can never be appealed to the U.S. Supreme Court.

True or False

Question Six

A rule of law enabling the defendant to win even if all of plaintiffâs allegations are true is a

Counterclaim B. Deposition C. Judgement N.O.V. D. Affirmative Defense

Question 7

Johnson is a creditor of Barnes. Johnson wants to file a petition to have Barnes declared bankrupt. Which of the following statements is true?

Johnson can file his petition in either state or federal court B. Johnson should file his petition in US. District court C. Only a federal bankruptcy can hear a bankruptcy case D. bankruptcy cases can be heard in federal tax court

Question 8

Which of the following is a type of alternative dispute resolution that is binding on the parties?

Mediation B. Non-binding arbitration C. Binding arbitration D. Summary jury trial

Question 9

A writ of certiorari is the most common way to appeal a case to the Supreme Court.

True Or False

Question 10

A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a:

Treatise B. Citation C. Brief D. Transcript

Question 11

Which of the following Alternative Dispute Resolution processes can result in a decision that, under most circumstances, can't be appealed to another organization?

Binding Arbitration B. Non-binding Arbitration C. Mediation D. Mini-trial E. A & C F. None of the above

Question 12

The decision of a mediator is binding upon the parties.

True or False

Question 13 A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Affirmative defense B. Cross-claim C. Counterclaim D. Dissenting opinion

Question 14

Federal question jurisdiction:

A type of jurisdiction possessed by state trial courts B. Is the most common form of U.S. supreme court jurisdiction C. requires that the amount in controversy be at least $10,000 D. is jurisdiction over questions arising under federal laws, treaties, and in the U.S. constitution

Question 15

The primary way a case can be appealed to the West Virginia Supreme Court is through filing a document referred to as a:

Writ of certiorari B. writ of habeas corpus C. writ of quo warranto D. writ of mamdamus

Question 16

Which of the following is NOT true of the appellate procedure?

The appellate court hears witnesses and fathers new evidence B. A transcript of the trial must be sent to the appeals court C. The appealing party must show that material errors occurred in the trial D. The appeals court may reverse and remand the decision

Question 17

If P sues D, and D wants to allege that P's own negligence caused her injury, D should allege this in:

The complaint B. The answer C. The reply D. The counterclaim

Question 18

Uncle Jesse wants to sue Cletus Hogg (Uncle Jesse's neighbor) for trespassing on Uncle Jesse's land and for causing $50,000 worth of damage to Uncle Jesse's land. Both Uncle Jesse and Cletus live in Jackson County, West Virginia. Uncle Jesse comes to the law office you work for and your supervising attorney concludes that Uncle Jesse's case can take place in state court in West Virginia. What court should your law firm file the complaint in?

Jackson county superior court B. Jackson county circuit court of appeals C. United states district court in the southern district of WV D. Jackson county circuit court E. 4^th court of appeals

Question 19

Cases heard in the federal courts must involve either a federal question or situations in which there is diversity of citizenship between the parties.

True or False

Question 20

In the American legal system, a judge cannot overturn a jury verdict.

True or False

Question 21

A U.S. Court of Appeals is empowered to:

Hear witnesses and determine facts B. Hear only patent, copyright, and trademark appeals C. Review legal conclusions reached by lower federal courts and administrative agencies D. Make findings of fact

Question 22

A mini-trial is conducted under the supervision of the court.

True or False

Question 23

Eve attempts suicide by locking herself inside the trunk of her car. Someone discovers Eve after several days. She is still alive. Eve sues the manufacturer of her car for a large amount of money because it did not provide for a latch inside the trunk. Which of the following may be the first step that the car manufacturer would want to make in this case?

Make a motion to dismiss the case B. Make a motion for a directed verdict C. Make a motion of judgement n.o.v D. Take the case to small claims court

Question 24

Which of the following is NOT true of trials?

Preponderance of evidence is the standard used in civil trials B. proof beyond a reasonable doubt is the standard used in criminal trials C. The state can make a motion for judgement notwithstanding the verdict when the defendant is acquitted in a criminal trial D. a directed verdict may be granted in a civil case if the plaintiffâs evidence is not sufficient to support her allegations

Question 25

You sued your brother in Kanawha County Circuit Court because he hit you with his car in Charleston, West Virginia and caused you to become partially paralyzed on the left side of your body. This civil law case does not involve any federal issues or law; the case is purely a state law case and it involves about $500,000 in damages. The case was tried in a state court in Charleston and your brother lost. Your brother now wants to appeal his case to try to get the jury verdict overturned. To what organization should your brother first try to appeal his case?

United States Supreme Court B. West Virginia Supreme Court C. Kanawha County Circuit Court D. Kanawha County Family Court E. West Virginia Legislature

emeraldpanda983

In answering this question, identify each tort committed. Namethe tort, tell who committed the tort, tell the elements/definitionof each, and tell what facts lead you to believe the tort wascommitted. Next, state what defenses, if any, the defendant had foreach tort committed. State the defense, what is required to provethe defense, and what facts led you to believe that the defense isavailable.

Example: Brian walked up to Danny and punched him in the nose.Danny tried to duck but was hit anyway.

Example Answer: Brian committed two potential torts. First,Brian committed Battery. Battery is the unprivileged intentionaltouching of another. Brian committed this tort when he punchedDanny in the nose. The second tort Brian committed was Assault.Assault is creating a reasonable apprehension or fear in another ofan immediate battery. Since Danny tried to duck, it shows he wasapprehensive of the punch (the battery). There are no defenses forBrian's actions.

Assignment fact pattern:

Kristi was late for work on her first day. Wanting to set a goodimpression, she felt she had to find a way to make it to the hotelon time. As she is walking down the street, she saw a bicycle onMariahâs lawn. Mariah owed Kristi $80 but had never paidher. Kristi decided if she were to ride the bike to work, she maynot be that late. Plus, Kristi figured the bike was worth aboutwhat Mariah owed her and it would only be fair for her to borrowthe bike. Kristi walked onto Mariahâs lawn, picked up the bike, androde it to work.

Kristi made it to work with just a minute to spare. She jumpedoff the bike and ran into the office building. However, in jumpingoff the bike, she also flung it down the sidewalk. Jolie, who wasnot late to work but was outside enjoying a cigarette, saw the bikecome flying at her. Jolie tried to move out of the way but was hitin the leg by the bicycle. The result of the incident was a brokenleg for Jolie.

As Kristi ran into work, she slipped and fell on a puddle ofwater. Brittany, the office janitor had just mopped the floor.However, she failed to put down a wet floor sign to warn thoseentering the building. As a result of the fall, Kristi suffered asprained ankle.

Medical Assistance Developers (MAD) provides services tophysicians including research assistance, diagnosis coding andmedical practice software including an advanced medical recordcross-referencing system.

MAD is aggressive in monitoring other firms' offerings andensuring that its services are comparable to all others. Because ofits need to stay abreast of new product offerings, MAD spends a lotof money sending professionals to trade shows. In addition, MAD hasagreements with several clients whereby the client requests apresentation of a competitor's services. A MAD employee poses as anemployee of the client's office and attends the presentation,obtaining as much data and sample information as possible. The costof the travel and attending presentations is charged to ProductDevelopment and expensed during the current year.

In April of this year, MAD began selling a software productsubstitute before the competitor's software was released. Thecompetitor, Med-Comp Tech, sued for copyright infringement and won.MAD had to withdraw its product from the market and pay $1.5million in damages. MAD immediately negotiated an agreement withMed-Comp Tech to sell their product (since MAD was prohibited fromoffering its own version for five years). This agreement cost anadditional $1.3 million, but it allowed MAD to continue to offer afull line of services.

MAD's accountant, Sally Hall, initially recorded the cashpayments as "Loss from Lawsuit" and "Product Development"respectively. However, Kenneth Green, the controller, instructedSally to create an intangible asset, named "Goodwill" and chargeboth costs to this account. "We're protected from another law suitas long as this agreement is in effect," he says. "It's about asclose to goodwill as we'll ever come from our competitors. We mightas well amortize the cost rather than take the full hit to incomeright away."

Questions:

1. Are there any ethical issues in thisscenario? If so, what are they?

2. Are there any GAAP issues? If so, what arethey?

3. What should Sally do?

4. If you were in Sally's place, what would youdo?

ADJUS-121 Lecture Notes - Lecture 23: Lauria, Overt Act, Model Penal Code

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