business law assignment #7

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Berkeley College *

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Jan 9, 2024

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Course: Business Law Professor: Marisol Abuin Institution: Berkeley College Name: Robert Asika Assignment #7 Date: 02/20/2020 3. Baker and others entered a Wal-Mart store shortly after 3:00 A.M. by cutting through the metal door with an acetylene torch. They had moved some of the merchandise in the store to the rear door, but the police arrived before the merchandise could be taken from the store. Baker was prosecuted for larceny. He raised the defense that he was not guilty of larceny because no merchandise had ever left the store. Is there enough intent and action for a crime? [Tennessee v. Baker, 751 S.W.2d 154 (Tenn. App.) I believe that the defense is not valid, because it committed all acts for the perpetration of the crime, also violating the right to property. The type of crime observed in this case is called theft as an attempt. 4. Gail drove her automobile after having had dinner and several drinks. She fell asleep at the wheel and ran over and killed a pedestrian. Prosecuted for manslaughter, she raised the defense that she did not intend to hurt anyone and because of the drinks did not know what she was doing. Was this a valid defense? Gail’s argument and defense are ludicrous in my opinion because she was under the influence of alcoholic beverages and its against the law to operative a motor vehicle while intoxicated or under the influence of any substance that can impair your judgement. She completely ignores the law, sat behind her wheels and committed a crime by driving and killing an innocent person. Her defense is not a valid defense, in this case it does not matter the intention of the driver, but the fact committed. Fitting perfectly into involuntary manslaughter. 14. Howell made long-distance telephone calls through the telephone company’s computer- controlled switching system to solicit funding for a nonexistent business enterprise. What crimes did Howell commit? [New Mexico v. Howell, 895 F.2d 232 (N.M. App.)] In my opinion, Howell committed attempted fraud and computer fraud. References: Twomey, David P., Marianne Jennings, and Ronald A. Anderson. "Chapter 8."Anderson's Business Law and the Legal Environment. Mason, OH: South-Western Cengage Learning, 2014.141-169. Print.
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