What is the nature of an act according to the meaning of criminal liability?

The assignments will be in CH5 and CH6. each chapter has three case analyses and ten questions. in each case analyses, I want Half for each case analyses ( 3 pages in total).before you do the case analyses YOU HAVE TO FOLLOW THIS FILE IN THE ATTACHMENTS : (Cases analyses rubric & instructions)
First chapter (CH 5) :
before you start, please check the attachments, You will find ALL files for CH 5. Also, you have to watch these videos:



Then:
Part 1 – Answer the ten questions : ( half page)

1-What is the purpose of criminal law?
2-What are the various categories and classes of crimes?
3-What is the nature of an act according to the meaning of criminal liability?
4-What are the four mental states that can be found in the criminal code?
5-What is motive, and how does it differ from the elements of criminal liability?
6-What are the various crimes against people?
7-What are the various theories involved in criminal punishment?
8-What are the various ways that the federal government has dealt with cybercrime?
9-What are the three standards for the insanity defense found in criminal law?
10-What are the requirements of entrapment as a defense against criminal liability?
***
Part 2- three Case analyses ( Half page each) ( Par THE RUBRIC IN THE ATTACHMENTS)

A- A man, whose job it is to control the HOV lanes of the highway, falls asleep and fails to change the lanes from north to south at the appropriate time. This failure results in two cars colliding and the drivers of both cars dying. The man is charged with involuntary manslaughter. His attorney maintains that the man did not commit an act necessary for criminality and did not have the requisite state of mind to be charged and convicted of a crime.
1. Is his attorney correct? Explain

B- Professor Swartz warned his students that the one thing that he could not and would not tolerate is snoring in his classroom. Despite this warning, Ronald Restless, not only fell asleep, but was snoring loudly. In a blind rage, Swartz grabbed his gun from his briefcase and shot and killed Restless. Swartz was charged with “homicide”.

1. Should he be convicted of “homicide”? If not, why or why not?

2. If not what should he be charged with? Explain

C- Andrew, Peter and Sandy, each carrying a pistol, entered the local drugstore with the intent of stealing all of the money in the register. The clerk at whom they were pointing their weapons, took out a handgun and fired it at Andrew. Peter and Sandy grabbed the money from the register and fled. Andrew later died of the gunshot wound inflicted by the clerk. Peter and Sandy were arrested and charged with first degree murder. The clerk was also charged with murder.
1. Shoud Peter and Sandy be covicted of burglary, robbery or larceny? Explain
2. Should Peter and Sandy be convicted of 1st degree murder? Explain.
3. What defense does the clerk have?
4. What factors will be considered in determining whether he will succed in that defense?
……………………………………………………………………..

First chapter (CH 6) :
before you start, please check the attachments, You will find ALL files for CH 5. Also, you have to watch these videos:


Then ,
Part 1: Answer Ten questions : ( half page)

1-What is the difference between a tort and a crime?
2-What is respondeat superior?
3-What is meant by the legal term “duty”?
4-What are the principal intentional torts?
5-What are the elements of negligence?
6-What are the differences among contributory negligence, comparative negligence, and assumption of the risk?
7-When does strict liability apply?
8-What is a cybertort?
9-What remedies are available in tort law?
10-What innovations have been suggested for contemporary state tort reform?
***
Part 2 – three Case analyses ( Half page each) ( FOLLOW THE RUBRIC IN THE ATTACHMENTS)

A- Jane, who hates her dentist, writes a letter to him claiming that he is incompetent and a quack. She states in the letter that he has committed malpractice on her and others and intends to tell all her friends that he is the worst dentist in the tri-state area. When the dentist reads the letter, he becomes quite angry because, in fact, he has never committed malpractice and has received many awards as an outstanding dentist. Everything that Jane said was false. The dentist sues Jane for libel.
. Will he prevail?

1. Give your answer by discussing the elements of slander and libel.

2. Assume that the dentist was world famous and the same statements were made by a columnist in the Sunday newspaper. What would the dentist have to prove in order to prevail if he sued for libel?

B- James Bark had a tree in his front yard that was rotten and he had been meaning to cut it down for 6 months because he believed that it might fall down and injure a passerby. But, he failed to do so. Duncy was passing by Bark”s house one cloudy day and suddenly there was a severe storm and lighting struck the rotten tree knocking it down on Duncy”s head. Duncy was taken to the hospital. When he discovered that Bark had failed to cut down the tree knowing that it was a potential danger, he sued Bark for compensable negligence. Will he succeed? Why or why not?

Discuss the elements of negligence and whether they are all present.
Assume that Duncy, knowing that there was an electrical storm, took cover under the tree. What defense (in PA), if any, would James have available?

C- Many people in this country believe that the state’s should adjust the tort law, especially in light of some very large verdicts against large corporations in product liability cases and the very high insurance premiums paid by doctors due to the vast amount of malpractice cases filed. Using the information in the text and any outside references from the use of the internet: State your position regarding damage caps in malpractice cases and product liability reform. (State all sources).

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