Which best describes a robbery based on any penal code
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Which best describes a robbery based on any penal code
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- An intruder entered through a window and raped McCutchen in her apartment. MCutchen sued the landlord, Ten Associates, for failure to provide adequate security and failure to warn her of the risk of intrusion through the window. Ten Associates claimed that they had no way of anticipating an intruder. Evidence was introduced that revealed the landlord knew or should have known of a prior rape and numerous intrusions through apartment windows. Does it appear that Ten Associates was negligent in providing for the security of tenants?helpAn apartment building in Ithaca, New York with 72 units was financed with a $7.2 million non-recourse first mortgage loan at a 3.6% annual interest rate and an additional $3.6 million fully recourse second mortgage loan at a 7.2% annual interest rate. The owner later borrowed another $720,000 with a fully recourse third mortgage loan at a 10.8% annual interest rate. The borrower ultimately found itself in financial distress and unable to make the monthly mortgage payments on the three outstanding mortgage loans and the property went into foreclosure. What happens to the claims of the second and third mortgage lenders if the foreclosure lawsuit by the first mortgage lender includes all junior mortgage lenders and the property is sold to an unrelated third party for a net price of $6.6 million at the foreclosure sale? a. The mortgage liens of the junior claimants and the loan amounts owed to them are unaffected by the foreclosure sale b. The mortgage liens of the junior claimants are…
- What type of crime is petty theft? A. Infraction B. Misdemeanor C. Capital Crime D. FelonyNick had just finished his shift at work and was just about to drive home when he received a telephone call from his girlfriend. She sounded worried because she thought that someone was trying to break into their flat. Nick rushed home, driving at 45mph in a 30mph zone. When he pulled into the parking lot, Nick saw Bill running away from the building carrying what looked like a laptop. Nick chased after Bill and when he caught up with him, he punched him very hard, leaving him unconscious. Bill later recovered but spent some time in hospital receiving treatment for his injuries. Advise Nick of any criminal offences that he may have committed and any defences that he may have? Please consider the elements of the crimes committed. Nick is tried for his crime(s) in the Crown Court. Explain the role of the Crown Court in criminal proceedings including considering the role of the jury, any rights of appeal and the sentences that may be applied.Upton is a used car salesman in Athens, Georgia. He often tries to scam (defraud, cheat, bilk, fool, etc.) his customers while he acts as an agent on behalf of his boss, Klaus. As part of Upton's agency duty, he is explicitly instructed by Klaus to deliver one of the cars currently on their sales lot in Athens to one of their other locations in Inglewood, California, on Klaus's behalf. The trip is a little over 2000 miles long and will take several days of driving to complete. Upton understands that the assignment is time-sensitive and must be completed within the current week. Despite this knowledge, he proceeds to go several hundred miles off his instructed route and make a pit stop in Boulder, Colorado. While there, he parties for two whole days and goes on a drunken rampage, destroying dozens of mailboxes in a quiet residential neighborhood with the very car he was told to deliver. Eventually, Upton finishes the remainder of his trip as originally planned and delivers the car, but…
- The torts of false arrest and false imprisonment are often confused. Explain the difference between false arrest and false imprisonment, and give a brief example of each.Arthur owns a property with a large back yard that is usually lit at night by bright floodlights. For months he has been asking local teenagers to stop using his yard as a ‘short-cut’ to the bus stop, but they continue to ignore him. Arthur decides to install an in-ground swimming pool. Last Saturday night, after the pool contractor has spent the day excavating a large hole, Arthur decided not to switch on the floodlights. At 11 pm, one of the teenagers, Gerry, fell into the hole and suffered serious injuries. Explain whether Arthur is likely to be liable in negligence. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts, particularly relating to negligence and negligent misstatement).Alan rents a flat in a block of units in the eastern suburbs of Sydney. One summer evening, during a balcony BBQ, Alan tosses several empty beer cans onto the adjoining balcony of the flat rented by Jimmy. What redress in law, if any, does Jimmy have?
- What is the difference between specific intent and general intent in criminal law?Darren goes to a monster truck rally. Before going to the rally, he does not read the back of his ticket, which states "Monster truck rallies are extremely loud and noisy. Ear protection is highly recommended. By purchasing this ticket, the bearer of the ticket has expressly assumed any and all risk of ear injury associated with attending this event." Darren, not having read the back of the ticket, does not bring earplugs or other protective ear equipment to the rally. After the rally, he has constant ringing in his ears and cannot clearly hear people talk to him. Did Darren expressly assume the risk of ear injury? What about impliedly? Why or why not?Susan Lacroix’s Yerf-Dog go-kart was stolen from her driveway one evening when she went inside to have dinner. The thief placed an advertisement in the newspaper and sold it to Ronald Casey for half what it was worth. Later, Lacroix recognized the kart in Casey’s yard and identified it as hers through its serial number. In a suit brought by Lacroix for the return of the go-kart, Casey argued that he now had title to the kart because he paid for it without knowledge that it had been stolen. Is Casey’s argument sound? Explain.