Assignment 3 Statutes: Criminal Code Section 18-760, Robbery. A person who knowingly takes anything of value from the person or presence of another by use of force, threats, or intimidation commits robbery. Criminal Code Section 18-773, Larceny. Any person who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind, with intent permanently to deprive another person of the use and benefit of property is guilty of larceny. Facts: Over the years, Larry borrowed several tools from his next-door neighbor. Usually he returned the items, but on occasion he forgot. One of the tools he did not return is a drill. The neighbor goes to Larry’s house and tells him that if he doesn’t return the drill, the neighbor will file criminal charges. Larry says, “I’m keeping your drill and if you try to come get it or file charges, I’ll beat you up!” Question: Identify the issue(s) involving criminal law raised by this fact situation. Assignment 4 Perform Assignment 3 using your state’s larceny and robbery statutes. Assignment 5 Statute: Arizona Code of Judicial Administration section 3-303, Use of Fee Guidelines, provides in part: Unless otherwise ordered by the court, compensation and reimbursement for professional services shall meet the following requirements. . . . Reasonable costs that are incurred in the best interest of the Estate are reimbursable at actual cost, without increase in price. Reimbursable costs include, but are not limited to . . . electronic database fees charged by an outside vendor (e.g., Westlaw, LexisNexis, PACER) except for charges to research Arizona (or other applicable) statutes, case law, and regulations. Facts: Predominate area Lisa is an attorney that occasionally is hired to assist in probate matters. Lisa of practice is civil litigation. In her civil litigation practice she charges clients, as detailed in her fee agreement, for charges incurred from searching commercial databases such as WestlawNext. Lisa uses the same fee agreement and has the same practice of charging fees for researching Arizona probate statutes and case law in the probate matters in which she is involved. In some of the probate matters she handles, she is hired by an individual and paid by that individual, usually an heir to an estate. However, in some matters, she does work on behalf of an estate, having been hired by an executor of an estate, in which case the estate is who is charged for her work. Question: Identify the issue(s) raised by this fact situation. Assignment 6 Identify the issue in the following two fact situations. Part A. Beth loaned Allen $5,000. The agreement was oral. Allen commutes to a nearby city to work. Beth needs to go to the city three times in May. Allen told her he would give her three free rides to the city to help repay the loan. On one of the trips, Allen was not paying attention, lost control of the car, and wrecked it. Beth suffered severe injuries and wants to sue Allen to recover damages. The state automobile guest statute bars suits against drivers by automobile guests. The statute does not apply if the passenger confers a substantial benefit on the driver and that is the reason the driver provided the ride. Part B. Tom and Alex are next-door neighbors. While arguing with Tom, Alex breaks Tom’s lawn chair, and as Alex begins to break more lawn furniture, Tom makes a citizen’s arrest of Alex. Tom’s sons help Tom, and after Alex is subdued, they continue to hit and kick him for a few moments. Alex wants to sue Tom. The state’s case law defines battery as unauthorized harmful contact; it also allows a citizen’s arrest when the purpose is to prevent the destruction of property.
Assignment 3 Statutes: Criminal Code Section 18-760, Robbery. A person who knowingly takes anything of value from the person or presence of another by use of force, threats, or intimidation commits robbery. Criminal Code Section 18-773, Larceny. Any person who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind, with intent permanently to deprive another person of the use and benefit of property is guilty of larceny. Facts: Over the years, Larry borrowed several tools from his next-door neighbor. Usually he returned the items, but on occasion he forgot. One of the tools he did not return is a drill. The neighbor goes to Larry’s house and tells him that if he doesn’t return the drill, the neighbor will file criminal charges. Larry says, “I’m keeping your drill and if you try to come get it or file charges, I’ll beat you up!” Question: Identify the issue(s) involving criminal law raised by this fact situation.
Assignment 4 Perform Assignment 3 using your state’s larceny and robbery statutes.
Assignment 5 Statute: Arizona Code of Judicial Administration section 3-303, Use of Fee Guidelines, provides in part: Unless otherwise ordered by the court, compensation and reimbursement for professional services shall meet the following requirements. . . . Reasonable costs that are incurred in the best interest of the Estate are reimbursable at actual cost, without increase in price. Reimbursable costs include, but are not limited to . . . electronic database fees charged by an outside vendor (e.g., Westlaw, LexisNexis, PACER) except for charges to research Arizona (or other applicable) statutes, case law, and regulations. Facts: Predominate area Lisa is an attorney that occasionally is hired to assist in probate matters. Lisa of practice is civil litigation. In her civil litigation practice she charges clients, as detailed in her fee agreement, for charges incurred from searching commercial databases such as WestlawNext. Lisa uses the same fee agreement and has the same practice of charging fees for researching Arizona probate statutes and case law in the probate matters in which she is involved. In some of the probate matters she handles, she is hired by an individual and paid by that individual, usually an heir to an estate. However, in some matters, she does work on behalf of an estate, having been hired by an executor of an estate, in which case the estate is who is charged for her work. Question: Identify the issue(s) raised by this fact situation.
Assignment 6 Identify the issue in the following two fact situations. Part A. Beth loaned Allen $5,000. The agreement was oral. Allen commutes to a nearby city to work. Beth needs to go to the city three times in May. Allen told her he would give her three free rides to the city to help repay the loan. On one of the trips, Allen was not paying attention, lost control of the car, and wrecked it. Beth suffered severe injuries and wants to sue Allen to recover damages. The state automobile guest statute bars suits against drivers by automobile guests. The statute does not apply if the passenger confers a substantial benefit on the driver and that is the reason the driver provided the ride. Part B. Tom and Alex are next-door neighbors. While arguing with Tom, Alex breaks Tom’s lawn chair, and as Alex begins to break more lawn furniture, Tom makes a citizen’s arrest of Alex. Tom’s sons help Tom, and after Alex is subdued, they continue to hit and kick him for a few moments. Alex wants to sue Tom. The state’s case law defines battery as unauthorized harmful contact; it also allows a citizen’s arrest when the purpose is to prevent the destruction of property.
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