The following questions require you to write a brief answer consisting of a few sentences or a listing.
1. One of several police officers called to break up an unruly group of people notices a bulge resembling a gun inside Charles Luna's jacket. The officer detains Luna, frisks him, and discovers that what he thought might be a gun is actually a small camcorder. Did the officer violate Luna's rights by frisking him? What legal issues are involved here?
The officer has probable cause to search Charles. Because the officers were called to break up the an "unruly group of people", they had reason to believe that there was a chance for weapons to be involved; an unruly group of people called to be dealt with plus a concealed bulge provide probable cause to frisk Luna.He searched Charles for his protection and for the safety of the surrounding people.
2. Annie Carney is arrested for shoplifting a $ 45 camera. Will she be tried in a small claims court?
Annie Carney will be tried in small claims court, a Justice of the peace court. She will be tried in small claims court because the camera she stole was less than $ 300; this is petty larceny, a misdemeanor.
3. James Lee, while leaving a shopping mall, accidentally backs his car into a parked car owned by Barbara Faustino. Several parts of Faustino's car are damaged: the radiator, the front of the engine, and one fender. The body shop and the garage both estimate repair cost at $ 1,200.
(1)What tort did Lee commit?
(2)How much money will Faustino be able to recover in court?
1.Lee's tort was of negligence.
2. Faustino will be able to recover $ 1,200, the total amount of the repair, in court. She will be able to recover this because Mr. Lee was completely at fault for the incident.
4. When Frank's ex-girlfriend refused to leave the man she was with, Frank pointed a gun at them and told them to pray-he was going to shoot. The gun went off and the bullet hit Frank's ex-girlfriend's handbag and dress. The man, who was not injured, said that he had no fear during the experience. Was Frank guilty of assault and battery against his ex-girlfriend and the man she was with?
Frank can not be charged with battery. By definition, battery is known as the unlawful touching of another person; this can include shooting, stabbing, the forceful use of one's had, poison,et cetera. Because the bullet did not touch anyone or cause any physical bodily harm, Frank can not be charged with battery; he can, however be charged with assault.
Assault is defined as an attempt to commit battery. This is what Frank did, he threatened he was going to shoot and he did, but because the bullet did not hit his target, he did not commit battery. Regardless if the man Frank's ex-girlfriend was with was in fear or not, Frank has still committed assault.
5. The police search Ursula Sydlo's apartment while she is at work. Sydlo has been in the United States for only a short time and is unsure of her legal rights in this situation. Explain Sydlo's legal rights, and what gives her these rights. Will a state statute rescinding these rights withstand a challenge in a court of law?
The Constitution sets for the the fundamental rights of citizens; because Sydlo is a citizen, she has these rights. A state statue rescinding her constitutional rights will not withstand a challenge in a court of law because no state or federal law can supersede the constitution. Sydlo has the right, under the fourth Amendment to be free from "unreasonable search" without a warrant.
What do you think of my answers?
Thanks in advance :)
Sea Hime
Many of us are unfamiliar with business law. I have a question about the gun issue, as a firearm was used. The question, as stated, is correct with your answer, but isn't there something more, an enhancement, as there was a show of deadly force? Just asking.
Overall, the answers seem correct, but law is very tricky and there may be a minor point that is overlooked in your deliberations.
Orignal From: Will anyone check my business law answers?
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