Intoxication may or may not be a defense to some crimes, discuss whether or not intoxication should be a valid defense. Keep in mind mens rea. Can an intoxicated person form the state of mind necessary to meet the requirement of intent? Does it matter whether a person is voluntarily intoxicated (as opposed to having his/her drink spiked or unknowingly drinking alcohol)?
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Intoxication may or may not be a defense to some crimes, discuss whether or not intoxication should be a valid defense. Keep in mind mens rea. Can an intoxicated person form the state of mind necessary to meet the requirement of intent? Does it matter whether a person is voluntarily intoxicated (as opposed to having his/her drink spiked or unknowingly drinking alcohol)?
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- What is supervisory jurisdiction Exclusive jurisdiction Appellate jurisdiction Original jurisdiction?At approximately 4:00 A.M. on July 14, 2000, a woman wearing a mask and pointing a firearm demanded that 7-Eleven employees at a store in Berkeley County, West Virginia, give her the store’s money. Antonio Feliciano was working that morning as a sales clerk. While other employees emptied the cash register and the woman was focused on them, Feliciano grabbed and disarmed her. He continued to restrain the would-be robber until local law enforcement authorities arrived on the scene and apprehended her. No one was physically injured in the incident. Nevertheless, shortly thereafter, 7-Eleven terminated Feliciano’s at-will employment. 7-Eleven explained to Feliciano that he was being fired because he violated a company policy that prohibits employees from subduing a robber or otherwise interfering with a store robbery. Feliciano subsequently filed a lawsuit against 7-Eleven alleging that he had been wrongfully discharged in contravention of the West Virginia public policy favoring an…Jose purchased a second-hand riding lawnmower from the manufacturer, ABC Inc. Before using the mower, Jose opened the hood to fill up the gas tank. He took off the cap and placed it on the tank. He started to pour in the gas. He had to stop to get the cap when it rolled off the tank. He again placed in the hood and continue to pour the gas into the tank. The cap again rolled away and, this time, it hit the battery and caused a spark that ignited the gasoline fumes. As the fire started, he dropped off the gasoline container that he was holding on and spilled the gas which resulted in a blazing fire that destroyed his garage and home. ABC Ltd. is aware of the problem since there were several incidents and lawsuits. To address this problem, ABC Inc. manufactured a battery-covered and provide a safety kit to its customers. Jose was not aware of this issue nor receive a copy of a safety kit. Does ABC Inc owe a duty of care? Is the duty of care foreseeable? Does ABC Inc solution meet the…
- What is the Parol Evidence Rule? Please describe one circumstance in which you believe the rule should be followed and why? Please describe a circumstance in which you believe the rule should not be followed and why? Please not, this is business law question. Thank you.An altercation took place between a mother and a teacher at XY Nurserary located at 3Poinsietta Avenue, Old Harbour, St. Catherine. The incident lead to both the parent and teacherbeing locked-up for the night after a short bloody exchange. Additionally, the Early Childhood Commission got involved after receiving a complaint. Later on in the week, ti was found that many parents were concerned about the issue and became hesitant to have their children return to the institution.Task:•• Develop a memorandum to be sent out to parents reassuring them that the institution remains a safe place for their children.Your attorney has recently interviewed Dr. Willard smith, who suffered an anaphylactic reaction to a dye that was used when administering a diagnostic test designed to test his pulmonary capacity. Because he temporarily stopped breathing but was not treated for about 10 minutes (it took that long for the paramedics to get to him), he became comatose for several weeks, and it was believed he was going to die. He regained consciousness and was in physical therapy for almost a year, regaining about 60 percent of the mobility and 40 percent of the manual dexterity he had before the incident. He is no longer able to work as a veterinarian and has sustained substantial financial as well as emotional losses as a result. Dr. Smith wants to sue the hospital where the test was administered. Your supervising attorney has asked you to do some preliminary research before she decides whether to accept this case.
- A transit officer sees a 2-year-old child walking along the edge of a train station by herself. The officer realizes that it looks strange and dangerous that she is walking very close to the edge. While the child is standing next to the officer she prepares to jump onto the tracks. The officer could have could have grabbed her and pulled her back onto the platform, but he chose not to do so. Unfortunately, the child gets hit by a train and dies. The parents, were nearby and didn’t notice that their child walked away from them, sue the officer and the city for damages. What is the probable outcome of their suit? What if it wasn’t an officer but just another rider on the subway?Arvo Lake, a retired 71-year-old man, bought an air conditioner in May. The unit was installed and operated according to the manufacturer's specifications. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. By August, the unit had ceased cooling, and Lake's residence reached a temperature of at least 96 degrees Fahrenheit. The heat caused Lake to suffer from hyperthermia, which caused circulatory failure and then death. The executor of Lake's estate sued the manufacturer of the air conditioner for damages resulting from breach of warranty.Was Lake's death a foreseeable consequence of the air conditioner's failure to operate properly?What is the legal concept of negligence and the 4 elements that make up that concept
- Why do facts matter when it comes to warranties either implied or expressed?An HO-3 Form covers damage to a home caused by which of the following O A Fuel oil spillage OB. Termites Breakdown of mechanical equipment Flood C. D. ingJon drank a few beers in Gainesville, Florida, then took his skateboard down to the corner store to pick up some more. On the way back, he swerved into the path of Arya, who was riding a bike, causing a crash in which Arya's arm was broken. A police officer was on the scene, noticed that Jon seemed intoxicated, had him do a field sobriety test, and arrested him for operating a vehicle under the influence of alcohol.Find and analyze the following case, State v. Howard, 510 So. 2d 612 (1987), to determine if Jon can be arrested for a DUI while on a skateboard.