My concern is that none of your tutors on staff have a law degree. As a result, none of the tutors can complete the attached assignment.
I am reluctant in doing this, what if the school finds out?
Can any tutors out there assuage these concens?
The attached assignment has 2 incomplete problems. Problem one has been completed by myself and can somewhat be used as a guide (although it is probably (A- to B+ work at best).
Upon submittal to the school, the grader will release a Grade analysis which I will forward to you (as this will provide better clarification on errors and correct marks)
Please reply ASAP.
The competition looks bleek, so hopefully, We can do this.
it will take about 3 pages max.
FINAL
ExecutiveTrack
The last assignment in this course is a series of essay questions that must
be answered before you take your Contracts, Torts and Criminal Law finals.
There are three questions similar to the type of questions you will have in the
other courses. Appropriate legal authority should be cited to support your
statements of law.
PROBLEM 1:
Facts: Dan, age 18, needed $500 to buy an iPod. Dan knew his next-door neighbors were out of town. Around midnight,Dan went to the neighbor’s house. He went to the
back door and pried it open with a screwdriver and entered the house with the intent to steal the new Plasma TV; he thought he could sell it for at least $500.
While walking through the house at night, Dan tripped over a chair and woke Bob, who was house sitting at the time. Bob went out to investigate the noise and startled Dan.
Bob grabbed a kitchen knife and told Dan to “Freeze.” Dan panicked and threw the screwdriver at Bob lodging it in Bob’s eye. Bob fell, blood pouring out of his eye.
Dan didn’t mean to hurt Bob so he called 911 and asked that an
ambulance be sent to the house. Dan then saw Bob was wearing a Rolex watch
that he took and then left the house, before the ambulance arrived.
Bob died before the ambulance could get him to the hospital.
Call of the question: What crime(s) has Dan committed? What defense or mitigation may be available to Dan?
Issue for IRAC analysis: Burglary
Bob v. Dan
(I) Burglary.
(R) Burglary is the breaking and entering of the dwelling of another at nighttime, with the specific intent to commit a felony therein.
(A) Dan uses a screwdriver to enter his neighbor’s home at midnight. Dan then entered the home. We know from the Facts that his intent was to obtain property from that home for the purpose of selling to make money. The facts tell us this act took place at midnight (nighttime).
(C)Dan should be found guilty of Burglary.
FACTS: Dan, age 18, needed $500 to buy an iPod. Dan knew his next-door neighbors were out of town. Around midnight,Dan went to the neighbor’s house. He went to the back door and pried it open with a screwdriver and entered the house with the intent to steal the new Plasma TV; he thought he could sell it for at least $500.
While walking through the house at night, Dan tripped over a chair and woke Bob, who was house sitting at the time. Bob went out to investigate the noise and startled Dan.
Bob grabbed a kitchen knife and told Dan to “Freeze.” Dan panicked and threw the screwdriver at Bob lodging it in Bob’s eye. Bob fell, blood pouring out of his eye.
Dan didn’t mean to hurt Bob so he called 911 and asked that an
ambulance be sent to the house. Dan then saw Bob was wearing a Rolex watch
that he took and then left the house, before the ambulance arrived.
Bob died before the ambulance could get him to the hospital.
Call of the question: What crime had Dan committed? What defense or mitigation might Dan have?
Issue for IRAC analysis: Larceny
Dan v. Bob
(I) Larceny
(R)Larceny is the taking and carrying away of personal property of another, with the intent to permanently deprive that person of the property.
(A)The facts state that after Bob had fell to the ground, Dan then saw Bob was wearing a Rolex watch that he took and then left the house, before the ambulance arrived. Dan has taken the property. Dan then carried that property away when he left the house. His intent is given earlier in the text prior to his entering of the house; in which he was looking for an item to take and sell for money.
(C)Dan should be found guilty of Larceny.
Facts: Dan, age 18, needed $500 to buy an iPod. Dan knew his next-door neighbors were out of town. Around midnight,Dan went to the neighbor’s house. He went to the back door and pried it open with a screwdriver and entered the house with the intent to steal the new Plasma TV; he thought he could sell it for at least $500.
While walking through the house at night, Dan tripped over a chair and woke Bob, who was house sitting at the time. Bob went out to investigate the noise and startled Dan.
Bob grabbed a kitchen knife and told Dan to “Freeze.” Dan panicked and threw the screwdriver at Bob lodging it in Bob’s eye. Bob fell, blood pouring out of his eye.
Dan didn’t mean to hurt Bob so he called 911 and asked that an
ambulance be sent to the house. Dan then saw Bob was wearing a Rolex watch
that he took and then left the house, before the ambulance arrived.
Bob died before the ambulance could get him to the hospital.
Call of the question: What crime has Dan committed? What defense or mitigation might Dan have?
Issue for IRAC analysis: Murder
Dan v. Bob
(I) Murder
(R)Murder is the killing of one human being by another human being with malice aforethought
(A)The facts state that as Dan walked through the house he tripped over a chair; which awoke Bob. Upon investigation, Bob runs sees Dan and tells him to “Freeze”. The facts show that Dan then Panicked and threw the screwdriver at Bob/ The screwdriver lodged into his eye. Bob loses a lot of blood, then dies later at the hospital.
The Felony-Murder rule states that the intention to commit a felony during the commission or attempted commission of which a death accidentally occurs. This rule applies here as Dan entered the house with the intent to commit two felonies; Larceny and Burglary. This rule is also an element of Malice if proven.
Aforethought requires a malicious mental state at the time of the killing; essentially meaning the actor knew what he was doing at the time of the killing and was sane at this time to carry out the act.
The Deadly Weapon rule provides that a jury may infer intent to kill if the defendant intentionally uses a deadly weapon directed at a vital part of the human anatomy.
Dan will argue Self-Defense ; which provides that one may use reasonable force to protect one’s self which may raise to deadly force if reasonable belief life is being threatened. Dan will say that when he saw Bob with the knife, He felt his life was in danger. Therefore. Using the screwdriver was justifiable. Using deadly force was necessary as his life was in danger.
(C)Dan should be found not guilty of Murder.
Final Examination (Continued)
PROBLEM 2:
Facts: Joe was jogging through the park wearing his new Ipod. Mike, the
Mugger, saw Joe and decided to try to steal his Ipod. Mike hid in the bushes
and when Joe jogged by, Mike jumped out, startling Joe, and tackled him.
Joe pushed Mike away and sprinted for his car.
Joe jumped in his car and sped away. The speed limit in the park’s parking lot is 10 MPH. Joe was
driving more than 40 MPH when Bill, on a bicycle, crossed the parking lot in
front of him. Bill did not see Joe driving through the parking lot because Bill
was checking his watch to see how long he had taken to complete the 20 mile
bike and horse trail, which crossed the parking lot. Joe tried to stop, but could
not do so and hit Bill. Bill broke his arm and leg.
Bill’s wife Wilma and son Sam were waiting in the parking lot for Bill to
return. Wilma saw the accident, which caused her to have a heart attack. Sam,
age 20, panicked and ran to help his father. Sam ran immediately in front of
Ralph, who was riding a horse on the trail. The horse saw Sam, reared up, and
bucked Ralph to the ground.
Sam continued running to Bill. Bill said he would be all right. Sam then
turned around to find Joe, who had stopped his car but continued to sit behind
the wheel in shock. Sam picked up a 10 lb. rock and threw it at Joe. Joe saw
the rock coming and ducked under the dash. The rock hit the windshield of the
car causing a large crack.
Call of the question: What torts, if any, have Joe committed?
Issue for IRAC analysis: Battery
Joe v. Bill
(I)Battery
(R)
(A)
(C)
`
Final Examination (Continued)
Questions 3 (ASSUME NO STATUTE OF FRAUDS ISSUE)
Facts: Paul wrote to Dave on December 1, 2005 in an undated letter saying, “I
will lease to you my house for a year, while I am away in Europe. You can
have the house beginning on January 1, 2006. Write me with your answer
within one week.” Although Paul mailed the letter December 1, it was
misplaced for 10 days by the postal service. Thus, it was postmarked
December 11 and was delivered to Dave on December 12. The envelope bore
no markings on it indicating the misplacement at the post office. But for its
misplacement, the letter would have been delivered on December 2. On the
morning of December 14, Dave mailed a letter back to Paul, which stated, “I
accept your offer. Please be sure all the locks and built-in appliances are in
good working order.” The postal service lost Dave’s letter, which was properly
addressed and stamped. Accordingly, it was never delivered to Paul.
Meanwhile, on December 10, Paul leased the house to Chris for calendar
year 2006. Dave showed up at the house mid-morning on January 1, with a
moving van he had rented full of his possessions. Unfortunately for Dave,
Chris had already moved in. Once Dave assured himself that Chris had a lease,
he drove straight to his lawyer. The lawyer told Dave that Dave had no claim
against Paul. (Do not necessarily assume the lawyer was competent.) Dave
nevertheless sent a demand letter to Paul, demanding $5,000 in damages to
settle his breach of contract claim. Paul responded with the following letter:
Dear Dave:
I will agree to pay you $600 in full settlement of any claim
you may have against me.
/s/ Paul
Dave immediately mailed a reply, stating, “I agree to your terms.”
Paul never paid Dave anything, so Dave sued Paul.
Assume the state landlord-tenant law requires landlords to have rented
premises in “safe and decent condition” before renting them.
Call of the question:
1) Did Dave have a valid contract to lease the house?
2) If Dave did not have a valid contract to lease the house, can he recover
the $600 from Paul?
3) Would your answer to 1 be changed if Pail’s December 1, 2005 letter
had included the following sentence: “The monthly rent will be as
agreed upon between us?”
Issue for IRAC analysis
P v. D
(I)
(R)
(A)
(C)
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