This scenario involves two parties, David and Theresa, in which Theresa is a potential Defendant. She is to be advised regarding two legal issues: whether she has a potential criminal liability for blackmail by threatening David into giving her the money she believes she is owed, and whether Theresa has a potential criminal liability for theft by taking the letter from David’s home. With regards to the issue of potential criminal liability for blackmail by threatening David when demanding the money that she believed she was owed, the relevant statutory law is Section 21 of the Theft Act 1968, which states that the criminal offence of blackmail consists of making an unwarranted demand with menaces, which is the actus reus, with a view to making…
One can agree that it is legal for 17 year-old teenagers to sign a contract, though it will not be enforceable unless one has parental agreement. The real question becomes how to distinguish one of validity and voidability. In regards to validity, depending on the age of the child, the signed contract can be invalid because of the age and or consent. Nonetheless, the important point in minors signing contracts is the voidability of the instrument. For the minor has the right to enforce a…
Gould’s initial letter seeking legal advice and representation is protected by the aforementioned attorney-client privilege. Here, because Mr. Gould has not waived his right to the privilege, the information revealed in his initial correspondence with this firm cannot be used against him, including the information that he plans to lie to the Committee about. N.Y. C.P.L.R.(a)(1) (McKinney 2016). The best that this firm could do would be to suggest that Mr. Gould amend his application to the bar…
Brown will likely prevail in establishing that Mrs. Sullivan “owned” the dog as defined under the Illinois Animal Control Act (the Act), and is thus liable for damages for the injuries Brown sustained. The Act defines an “owner” as “any person having a right of property in a dog…or who keeps or harbors a dog…or who has it in his care, or acts as its custodian”. 510 Ill. Comp. Stat. Ann. 5/2.16 (LexisNexis, Lexis Advance through P.A. 99-608, except for portions of P.A. 99-576, P.A. 99-585, and…
Remand custody, or pre-trial detention cases have been vastly increasing over the last ten years. Individuals who have not been sentenced yet are in remand custody, which is when an individual is in custody but awaiting their trail or sentence (Griffiths, 2014, p.179). Previously inmates had the larger number in prisons; however, the remand population has climbed and on most cases has outnumbered convicted inmates (Weinrath, 2009, p.355). Through the Justice of the Peace or a judge, individuals…
DISCRIMINATION AND RETALIATION 46. That at all times herein relevant, Plaintiff VELEZ was in a position subordinate to Defendant BESIKO with regard to her employment with Defendant EXPRESS. 47. That at all times herein relevant, Plaintiff HUDSON was in a position subordinate to Defendant BESIKO with regard to her employment with Defendant EXPRESS. 48. That at all times herein relevant, Plaintiff VELEZ would be given directives and take work orders from Defendant BESIKO in the course of her…
Jane’s Battery Claim A “Battery” is a 1)unpermitted, unprivileged harmful or offensive contact with another person 2) caused by an act intended to result in such contact, or 3) the apprehension of such a contact. First, in order for there to be a cause of action against Mike, contact must have occurred (either harmful or offensive). When Mike called Jane and told her inappropriate things over the phone, Jane did not have any form of physical contact with Mike (neither harmful nor offensive).…
In Louisiana, Lillie would be able to recover under Louisiana Civil Code article 2315, which states in pertinent part “Every act whatever of man which causes damage to another obliges him by whose fault it happened to repair it.” La. C.C. 2315 allows someone who has been wronged, to be compensated for the damage caused to him or her. In order to recover under La. C.C. art. 2315, an intentional tort must have been committed. In the present case, Joe has committed the intentional tort of battery.…
deliberately withhold evidence of a person’s innocence. It is this egregious misconduct which leads to the conviction of innocent people. What does the prosecutor have to gain by this misconduct? Unfortunately, all too often prosecutors fall under the spell of conviction-seeking no matter what. They become focused on conviction rates. They forgot that their judicial duties are to guard the rights of the accused and protect the innocent. Prosecutorial misconduct has become a nationwide problem.…
On the 8th of November I visited Oxford crown court; whilst I had previously attended various levels of courts to witness trials, I had never watched a sentencing. Therefore, intrigued to see the process, I decided to watch the sentencing of Tom Mobey. Immediately upon entering the courtroom I noticed a very different atmosphere to trial, one that was much more private and personal. There was a limited number of people in court: just the two opposing counsel, a clerk, the defendant and his…