Statute

charged with First Degree Burglary. A comparison of the statute and the situation presented illustrates that not all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s garage without her consent and, therefore, elements (1), (2), and (3) are satisfied. However, because the garage was not attached to the house and it was not used for sleeping, it does not constitute a dwelling as defined by the statute; therefore, element (4) of the law is not…

obligation is the statute granted to US Postal Service and it is free of any demographic and other boundaries while remaining in United States. The universal service rules claim that any obligation must be checked in contrast with financial capability to meet the obligation. The postal services of Unites States are put in place to meet these obligations and that is the main reason of US Postal Service monopoly. The universal service obligation consists of two parts: Private Express Statutes and…

Introduction There seem to be two main characters at the start . As such, it is apposite that I briefly outline how the role of draughtsmen and judges interplay in the common law system. Essentially, draughtsmen drafts statutes according to the purpose of parliament and judges interpret the statutes and apply it to the case before them. I will explore each of their roles in greater depth when I arrive at their respective section, but this is sufficient for now. Before I proceed, I will dissect…

QUESTION PRESENTED Given the long-arm statute, which state or federal courts have proper personal jurisdiction over Wal-Mart and Smith Family Farms from the illness of a tainted cantaloupe that originated in Colorado? BRIEF ANSWER Given the long arm statute, Tennessee state or federal courts will most likely have proper personal jurisdiction over Wal-Mart but not over Smith Family Farm. As the principal place of business and place of incorporation, Wal-Mart is subject to suit in both Arkansas…

Syllabus: A statute in the state Kansas make it a misdemeanor for any person participating in “debt adjusting”, with an exception to the practice of law. This statute does not violate the Fourteenth Amendment Due Process Clause since states have the power to enact what they consider injurious practices in commercial and business affairs. The statute is valid as long as the laws do not conflict with specific constitutional rulings and federal law. Procedural History: This case was filed by…

The statutes listed in Virginia Regulates Sex Among Servants, Slaves, and Masters, 1642-1769 comment on the seemingly inextricable bonds between gender, an age old social construct that in itself entailed a great deal of restrictions in earlier centuries, and race, with the notion of colonial racial hierarchy being fueled by skewed ideology among whites when coupled with the developing slave culture of the south. A society already polarized by the supremacy of the male sex and traditional…

Patients Medical marijuana laws that are silent on the employer’s duty to accommodate are generally interpreted as placing no legal duty on the employer to accommodate. A few states including New York, Arizona, Minnesota and Illinois have enacted statutes that specifically require an employer to provide medical marijuana accommodations. Under these accommodation laws, an employer may be liable under state human rights laws when they fail to accommodate medical marijuana patients in the…

Background Schimel v. Planned Parenthood of Wisconsin, will examine a Wisconsin law that requires all doctors who perform abortions have admitting privileges in a hospital within 30 miles of where the abortions are performed. Wis. Stat. § 253.095(2) (2013). Doctors who fail to comply can be fined up to $10,000 and are exposed to liability from the women who had the abortion and her family. Wis. Stat. § 253.095(3-4). The plaintiffs filled a §1983 suit against state officials in Wisconsin arguing…

The death penalty is a legal process where an inmate on death row is sent to execution as punishment for the offense committed. It is a controversial issue where it comes into question if it should be legal. Those who agree with the death penalty argue that it deters people from committing crimes or that without it some criminals would continue to commit crimes. Those who disagree with the death penalty argue that there are innocent people are wrongly executed, some criminals are suffering…

three main ways that nullification should be made known and legal. The first is through statues, the second through jury instructions and the third through the allowance of nullification arguments by defense council. In 2012 New Hampshire passed a statute that allowed the “defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy” (Fully). The legislature was careful in the text of the bill about its intent “to perpetuate…