Term Paper on "Crime Flinn Operated a Loan"

Quoted Instructions for "Crime Flinn Operated a Loan" Assignment:

This assignment should be between 2 and 4 screens in total, and should be the product of careful thought and more than one draft. Please remember that when providing an answer to the specific questions posed, it is not enough to give the correct answer unless you back up that answer with a legal argument that includes the following:

A brief restatement of the legal question posed--usually a sentence or two that focus on the specific legal issue in this case, without reference to extraneous facts or information.

A statement of the applicable law or rule that should be applied to the facts in this case. This will be taken from the text, and will not consist of a personal opinion or ethical reaction, but rather be a statement (usually only one or two sentences) that summarizes the rule of law that you will apply to come to a correct answer. You should not restate the law in its entirety, but instead summarize the appropriate law into a short explanation of the ruling principle in this case.

Finally, a clear statement that explains how you applied the applicable law to these facts to reach a specific conclusion. This will be usually be a few sentences culminating in an answer to the specific question posed in the text. This portion of your answer should demonstrate original thinking and reasoning, and result in a definite conclusion.

Ch 8 Crime

1. Bernard Flinn operated a business known as Harvey Investment Co./High Risk Loans. Harvey Investment loans. Flinn worked as a loan broker, matching those who came to him with lenders willing to loan them money given the aount and credit history. From 1982 thorugh 1985, Flinn found loans for five people. Indiana requires that persons engraged in the business of brokering loans obtain a license frrom the state. Flinn was prosecuted for brokering loans without having a license. He raised the defense that he did not know that a license was required and that, accordingly, he lacked the criminal intent to broker loans without having a license. Does Flinn have a good defense?

10. Jennings operated a courier service to collect and deliver money. The contract with his customers allowed Jennings a day or so to deliever, Jwnnings made shorterm investments with the money. He always made deliveries to the customers on time, but because he kept the profits from the investments for himself, Jennings was prosecuted for embezzlement. Was he quilty?

11. Chayssee sold franchises to a number of persons authorizing them to sell a product that did not exist. He was prosecuted under the Colorado Organized Crime Control Act on the ground that he was quilty of a pattern of acketeering. His defense was that there was no pattern because there was only was only one scheme. Was he quilty?

Ch 9 Torts

1. James Lee Boytera cement truck driver for Concrete Specialities of American, collided head-on with Robin Lang;ey as she drive on a curved portion of a two-lane road. Langley testified that Boyter hit her head-on as he came around the curve because he was in her lane and hence tetified that Langley was driving at an excessive rate of speed the left front fender and the door. Langley filed suit against Boyter and Concrete Specialties. They defended on the grounds that Langlely was contributority negligent. What happens if there is contributory negligence on the part of Langley? Do you think she was contributorily negligent?

5. An owner abandoned his van in an alley in Chicago. In spite of repeated complaints to the police, the van was allowed to remain in the alley. After several months, it was strippped of most of the parts that be removed. James Ortiz, age 11, was walking down the alley when the van's gastank exploded. The flames from the explosion set fire to Jamin's clothing, and he was severely burned. Jamin and his family brought suit brought against the city of Chicago the city be held respnosible for injureies caused by property caysed by property owned by someone by someone else? Why or why not?

6. Neiderman was walking with his small son when an automobile driven by Brodsky went of of control ran up on the sidewalk, and struck a fire hydrant, a litter pole abd basket, a newsstand and Neiderman's son. The car did not touch Neiderman, but the stock and fright caused damage to his heart. He sued Brodsky for the harm he sustained as the result of Brodsky's negligence. Brodsjy defended on the ground that he was not liable because he had not touched Neiderman. Was this valid defense?

8. Defendant no1 parked his truck in the street near the bottom of a ditch on dark, foggy night. Iron pipes carried in the truck projected nine feet beyond the truck in back. Neither the truck projected nine feet beyond the truck in the back. Neither the truck nor the pipes carriedany warning light or flag, in violation if both a city ordinance and a state statute. Defendant no. 2 was a taxiacab owner whose taxicab was negligently driven at an excessive speed. Defendants. Defendant no. 1 climed he was not liable because it was defendant no. 2's negligence that caused the the harm. Was this defense valid?

9. A statue required that air vent shafts on hotel roofs have parapets at least 30 inches high. Edgar Hotel had parapets only 27 inches high. Nunneley, who was visiting a registered guest at the Edgar Hotel, placed a mattress, on top of a parapet. When she ast on the mattress, the parapet collaspsed, and she fell into the air shaft and was injured. She sued the hotel, claiming that its breach of the statute regulating the height of the parapets consituted negligence. Decided

11. Hegyes was driving her car when it was negligently struck by a Unijian Enterprises truck. She was injured, and an implant was placed in her body to counteract the injuries. She sued Unjian, and the case was settled. Two years later Hegyes became pregnant. The growing fetus pressed against the implant, making it necessary for her doctor to deliver the child 51 days permaturely by Cesarean section. Because of its premature birth, the child had a breathing handicap. Suit was brought against Unjian Enterprises for the harm sustained by the child. Was the defendant liable?

13. Kendra Knight took part in a friendly game of touch football. She had played before and was familiar with football. Michael Jewett was on her team. In the course of play, Michael bumped into Kendra and knocked her to the ground. He stepped on her hand, causing injury to a little finger that later required its amputation. She sued Michael for damages. He defendand on the grounds that she had assumed the risk. Kendra cliamed that assumption of risk could not be raised as a defense because the state legislature had adopted the standard of comparative negligence. What happens if contributory negligence applies? What happens if the defense of comparative negligence. What happens if contributory applies? What happens if the defense of comparative negligence applies?

15. Blaylcok was voluntary psychiatric outpatient treatd by Dr. Burglass, who became aware that Blaylock was violence-prone. Blaylock told Dr. Burglass that he inteded to do so serious harm to Wayne Boynton, Jr and shortly thereafter he killed Wayne. Wayne's parents then sued Dr. Burglass on grounds that he was liable for the death of their son because he failed to give warning or to notify the police of Blaylock's threat and nature. Was a duty breached here? She Dr. Burglass be held liable?