In jamaicas jurisdiction explain the elements in Criminal Law that must be proven for a person to be convicted
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In jamaicas jurisdiction explain the elements in Criminal Law that must be proven for a person to be convicted
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- Find a current Jamaican case on Trespass to property and compare it to the requirements to prove the area of law in Application of the concept to practical situations The legal principles involved. The application of the tort law. The possible defences that may be used by a defendant in caseChoose two from the list below Offenses Against the Person People v. Watson (1981) (murder) Regina v. Dudley and Stephens (1884) (murder) Commonwealth v. Green (1908) (larceny) Offenses Against Property People v. Thompson (1988) (burglary) State v. Gary (1992) (arson) United States v. Jones (1999) (robbery) Forgery People v. Hernandez (1998) State v. Johnson (2003) United States v. White (2008) Extortion and Blackmail Hobbs v. Louisiana (1965) Berger v. United States (1935) Hinkhouse v. United States (1994) Bribery McDonnell v. United States (2016) McCormick v. United States (1993) United States v. Twomey (2007) For each, please provide the following: The definition of the crime or issue The elements required to prove the crime or issue The potential penalties for conviction The different perspectives on the crime or issue Your thoughts on the different perspectivesWhich health care fraud acts or statutes apply to the following case: False Claims Act -1986, Anti-Kickback Statute -1987, Ethics in Patient Referral Act-1989 or HIPPA-1989 Physician Dr. Vijesh Patel and his office manager and wife Laju Patel, both of Port Neches, Texas, have agreed to pay $422,789 to resolve false claims allegations involving New Jersey, Texas and South Carolina Laboratories. The Department of Justice, in a press release, said that the couple received remuneration in return for referring patients for laboratory testing. Additionally, both have “agreed to cooperate with DOJ’s investigations of, and litigation against, other participants in the alleged schemes,” the press release added. In the Dec. 14 settlement, the DOJ listed the three laboratories where the couple sent referrals. Dr. Patel allegedly received thousands of dollars in payments from December 2016 to July 2018, “from Indus MG LLC, a purported management service organization, in return for ordering…
- The United States Supreme Court has ruled that it violates the Eighth Amendment for a juvenile (anyone who was under the age of 18 when they commited the crime) to face a mandatory sentence of life in prison without the possibility of parole. The Court, however, said that it was the mandatory aspect of the sentence that violated the Eighth Amendment--states could still allow for a sentence of life without parole so long as the sentencing judge had to option to impose a lesser sentence. Some now argue that even allowing the option of life without parole for a juvenile violates the Eighth Amendment. Do you agree or disagree with this argument? Why?State any two courts in Ghana which are known as lower courts?Where would jurisdiction lie in the case where Tabitha makes a threatening and harassing telephone call from her home in Nebraska to Dave who receives the call at his home in Montana, a violation of the criminal statutes of both states? What difficulties might be encountered in attempting a prosecution in either state? Can you think of any place on earth, or the airspace around it, where a crime could be committed, but no court would have jurisdiction?
- John Clark purchased a paintball gun at a pawn shop and then participated in a community sport of shooting paintball guns at cars. While John and his friend were riding around their small town with their paintball guns, they spotted Chris and shot his car. Chris Rico then aimed his Brass Eagle paintball gun at the car John was riding in, but instead hit John in the eye. John required surgery on his eye that even- ing and filed suit against Brass Eagle under a theory of strict tort liability. Brass Eagle responded by stat- ing that its gun was not defective and that the young men had ignored warnings about the need to wear eye protection when using the guns. John said he purchased his gun used and was not given all the packaging and instructions. Brass Eagle says that its gun was not defective and that it functioned as it was supposed to. John says the guns are inherently dan- gerous. Who should be responsible for the injury? Are paintball guns defective if they can harm indivi- duals?…Discuss the elements of a defamation claim in tort law.The State of Florida has passed a statute nullifying any marriage that has previously been recognized, as well as outlawing any future marriages, for anyone who did not attend college. The statute gives no notice to any married couple and gives them no ability to challenge the statue. This statute has been challenged as unconstitutional by a group of married individuals as well as marriage equality groups. The groups have filed a Writ of Certiorari with the Supreme Court of the United States, which was granted. You are a law clerk for one of the nine Supreme Court Justices. Your task is to outline what arguments might be filed in a brief filed by both sides of this issue, so your Justice will be prepared for the arguments made by either side. Please include arguments for those supporting and those opposing the law. These arguments should focus on: 1. The Equal Protection clause and the Due Process Clause (what analysis will a court perform to decide if there is a violation of these…
- Susan owns a security company in Melbourne, Victoria where the Government has mandated minimum wages for security guards. She believes that another company is employing foreign students as guards and paying them cash at a much lower rate. This case, if taken to court, would be heard in: Australian Competition and Consumer Commission (ACCC) NSW Consumer, Trader and Tenancy Tribunal County Court of Victoria High Court of AustraliaA civilian working on a military base is arrested for stealing money from the military. What jurisdiction should be responsible for his prosecution?Bill Kinsey was charged with murdering his wife while working for the Peace Corps in Tanzania. After waiting six months in jail, he was acquitted at a trial that attracted wide publicity. Five years later, while a graduate student at Stanford University, Kinsey had a brief affair with Mary Macur. He abruptly ended the affair by telling Macur he would no longer be seeing her because another woman, Sally Allen, was coming from England to live with him. A few months later, Kinsey and Allen moved to Africa and were subsequently married. Soon after Bill ended their affair, Macur began a letter-writing campaign designed to expose Bill and his mistreatment of her. Macur sent several letters to both Bill and Sally Kinsey, their parents, their neighbors, their parents’ neighbors, members of Bill’s dissertation committee, other faculty, and the president of Stanford University. The letters contained statements accusing Bill of murdering his first wife, spending six months in jail for the crime,…