Term
| This case was used to define "dwelling house" in terms for burglary and for arson, police officers filled an apartment with furniture and inhabited it during the day to entice burglarers at night |
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Definition
| when a suspect was caught breaking and entering to burglarize, the apartment was only catagorized as a storehouse not a dwelling house becuase nobody slept there |
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Term
| two nine year od boys were caught slipping in through chimneys (yes like santa) to burglarize homes |
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Definition
| the chimney was a sufficient means of entry to constitute burglary and breaking and entering |
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Term
| someone staying with a friend or family member who entered a locked bedroom to steal items |
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Definition
| it is burglary because while he was allowed to be in the house according to his friend he was not allowed to be in the locked bedroom |
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Term
| police officer investigating a storeroom breakin then stole some items himself |
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Definition
| its burglary! even though he was asked to come to the property for the original theft when he stayed and burglarized himself it was outside his scope of investigating the original call |
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Term
| you make an arrangement to pay the clerk for alot less groceries then you are taking home |
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Definition
| it is burglary, the clerk has no consent to make that deal and there is no way that u can believe that this is legal |
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Term
| reporter set up his car to be stolen and taped the theft |
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Definition
| court upheld that it was car theft becuase it was not entrapment |
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Term
| if property is given and misused, like giving someone $10 for a card that you think is real and it is fake |
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Definition
| not larceny! you consented to giving the person $10 for the card the fact that he stole your money was misuse |
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Term
| a manager witnesses a man switch price tags, pay and leave |
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Definition
| not theft by false pretenses! the manager watched him and did nothing |
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Term
| woman tried to blackmail bill cosbey for $40 mill or she would tell the media she was his illigitimate daughter |
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Definition
| the woman had every right to tell the media her story but when she said she wouldn't for the money that's extortion! |
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Term
| a man had a large amount of cash he claimed was from past years and therefor it was not taxible for the current year |
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Definition
| govt prooved that he had been evicted for not paying a low rent and had stated that he only had $100 to his name at one point in time the previous year, therefor this money was not from past years, it was money that he had recieved and was trying to keep from having to pay taxes on |
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Term
| what happens if you dont file your taxes for years and years and dont pay the taxes you owe for years and years |
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Definition
| if you only fail to file taxes by mistake or misunderstanding then it is a misdemenor; if you do not file on purpose with plenty of opportunity and knowlegdge that you should and that you owe then it is a felony tax evading |
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Term
| if you make a deal with another auto repair company stating "I will sell tires and you will not, and you will do oil changes you I will not" and he sells a tire.... |
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Definition
| not illegal even if you have a written and signed agreement, you cannot make that type of agreement under law |
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Term
| the makers of tylonol said that the sidefects of tylonol were comparable to advil, however advil claimed that tylonol has a major negative sideeffect that advil does not |
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Definition
| it is not legal to claim that the two drugs are comparable if there is evidence of major differences, esspecially when these differences pose many risks to users, this comparison test was outline in the Lanham Act |
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Term
| in a mail fraud scheme where one party gives a second party some monitary value... |
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Definition
| it is mail fraud because it is a "scheme" where there is a fiduciart duty between the two parties |
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Term
| an insurance compant had overstated assests and hence was commiting fraud, a financial analysist found out and told his clients, they sold their shares in the company. |
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Definition
| the analyist can not be held liable because he did not gain from this, he was merely reporting a fraud |
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Term
| a meds distributor was recieving mis labeled pills and alot of people got sick, likewise a meat salesman was storing food is a rodent feces contaminated area.... |
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Definition
| they are both liable even if they didnt know, they had a "responsible relation" to make sure the area was clean and the pills were correct. No intent is required for the misdemenor |
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Term
| closing down an adult bookstore promoting prostitution.... legal? |
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Definition
| yes under the public or private nuisances act the govt can shut them down for a non perminant period of time to allow the community to be rid of the action, the good of the community out weighs the rights of the individuals |
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Term
| a crazy law was passed forbidding many things like "habitual loafing".... |
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Definition
| un constitutional, did not give citizens enough time to change behavior and entitles police to make hastey arrests |
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Term
| selling obsene computer generated material over the internet is.... |
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Definition
| a statutory violation, is interstate commerce no matter the means of distrobution |
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Term
| a porn company was caught and charged with a 16 year old porn star... |
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Definition
| they are guilty if they did not look har enough into her background to prove age, they are innocent if they checked her out and had all reasonablness to belive that she was 18 and could not have known that she was less than that |
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Term
| a man stood naked at his glass front door showing himself to women on the street |
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Definition
| could not claim right of privacy... not private. If defendants actions were to arouse or satisfy their or their victims sexual desires then it is public indecency |
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Term
| a police officer has sex with a prositute to gain information of a prostitution ring |
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Definition
| not illegal, agencies today would not tollerate but then it was a perfectly logical (not ethical) means to obtain this evidence and no due process violations |
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Term
| police enter a home and find two men engaged in anal sex... they get arrested for sodomy |
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Definition
| what consenting adults do in their own bedrooms is their business... not illegal! |
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Term
| two girls are selling heroin out of a hotel room, when detectives break down the door neither girl has heroin on them, but it is found on the bed they share, both are charged |
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Definition
| they are charged even though they are not it actual posession they are living in that room and staying in that bed, they are charged with contructive possesion |
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Term
| a friend gives you 4 envelopes and 4 names and tells you that these people need to pay you $100 for each... police stop you and arrest you for possesing and attempting to distribute cocain (in the envelopes) |
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Definition
| unless you can prove beyond a reasonable doubt that he had no knowledge of what was inside he is guilty |
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Term
| you know that you car has a secret compartment... and you know that it may contain some illegal items... but you say you do not know for sure that anything is in there.... cops pull you over and find 100 pounds of mariuana in your secret compartment... |
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Definition
| because you knew it "may be" there but not sure that it was is the same as knowing it is there. |
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Term
| a man was caught with 20 small rocks of cocain and was conviced of attemp to distribute, it later was reversed why? |
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Definition
| amount alone is not enough evidence to convict distrobution |
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Term
| a man arrested with a baggie of 6 individual bags of marijuana, marijuana seeds, extra baggies and a pipe with residue, and was charged with distrobution, was later reversed, why? |
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Definition
| there was no money and no scales, this was clearly for personal use |
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Term
| If you are running a drug ring with 2 of your friends and they rat you out in detail... |
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Definition
| their details alone may be enough to convict you! |
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Term
| a police officer watches you and your friends make a drug deal... but there are no drugs left anymore, but your friend has his pipe still on him... are you convicted |
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Definition
| yes! the police officer seeing it and the totality of the circumstances will convict you |
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Term
| can you be arrested for being a drug addict? |
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Definition
| no, but you can be for the sale, possesion or use of them |
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Term
| a man got into an automobile accident, while in the hospital arrested and tested for DUI... legal? |
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Definition
| yes! you cannot self incriminate nor claim due process for having your blood drawn and tested for alcohol levels |
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Term
| a man was repealing his latest of 200 public intoxication charges, alcoholism was diagnosed as a disease and he claimed that his being in public was a sideeffect of his disease...really? |
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Definition
| really! "the alcoholics presence in public is not his act for he did not will it" |
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Term
| a man tried to claim that he was an alcoholic and being held in jail was cruel and unusual since he is dependant on alcohol.... really? |
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Definition
| not really! he chose to drink, and he cannot claim it as a defense because that would lead to defenses for other more serious crime |
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