Premium Essay

In Re John V. Jane

In:

Submitted By hollywood773
Words 427
Pages 2
In re John v. Jane
Daniel L. Brown
Kaplan University

PA 165
Professor Dean
July 18, 2013

In re John v. Jane
FACTS
Leroy McPhillen frequented a pub called Bottom's Up! Late one Saturday night, an intoxicated man named John began shouting obscenities at a woman sitting at the table next to Leroy's.
The woman, Jane, ignored the man and continued to drink her beer. John approached
Jane, looking ominous. Answer this criminal threatening is the crime of intentionally or knowingly putting another person in fear of imminent bodily injury.
Leroy stood and asked the fellow over to the bar for a drink. John grumbled that Leroy should mind his own business.
John reached out and grabbed Jane's wrist, and Leroy neatly twisted John's other arm behind his back while restraining him with a neck hold. John protested vehemently, but
Leroy did not let go. Leroy placed John firmly into a chair and told him not to move, or else Leroy would have to punch him. That’s when Jane told Leroy that the man was her husband.
ISSUES
1. Whether John willfully and intentionally committed a crime is a question?
2. Whether shouting obscenities at someone is a crime?
3. Whether approaching someone ominously is a crime?
4. Whether grabbing someone’s wrist and limiting their movement is a crime?
5. Whether or not if Leroy committed a crime by twisting John’s arm was a crime?
6. And holding in a neck hold was a crime?
7. Whether when Leroy placed John firmly into a chair forbidding John not to move was a crime?
8. Whether Leroy committed a crime by threatening to punch John if he moved?

ANALYSIS
Criminal threatening is the crime of intentionally or knowingly putting another person in fear of imminent bodily injury. When we follow this rule law which sums up intentional torts. Battery is the intentional infliction of a harmful or offensive bodily

Similar Documents

Free Essay

Pa401-01: Advanced Legal Writing Unit 9

...To: Meegan Zickus Attorney From: S S Paralegal Re: Jane Doe Asylum Case Date: April 21, 2013 CITATION Gonzalez v. Reno, 86 F. Supp. 2d 1167 (S.D. Fla. 2000) FACTS The parties of this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. Six-year-old Cuban national Elian Gonzalez, on November 25, 1999, was rescued by two Miami anglers who found him floating on an inner tube several miles off Fort Lauderdale. Elian was transferred to a United States Coast Guard vessel so he could be transported to a nearby hospital for treatment for dehydration and hypothermia. Elian's mother, Elisabeth Brotons, drowned during the voyage from Cuba. The INS temporarily paroled him into the care of Lazaro Gonzalez, his great uncle, in Miami. On January 19, 2000, Lazaro Gonzalez, instituted alternatively as interim temporary legal custodian, of Elian Gonzalez, a six-year-old child, against the Attorney General, the Commissioner of the Immigration and Naturalization Service ("INS"), and other federal defendants. The complaint challenged the INS's refusal to accept and adjudicate two asylum applications that Lazaro submitted with respect to Elian and an essentially identical application that bore Elian’s signature. PROCEDUAL HISTORY On January 27, 2000, the government filed a motion to dismiss or, in the alternative, for summary judgment. The district court heard oral argument on the government's motion on March 9, 2000. On March 21, 2000, the district court...

Words: 2804 - Pages: 12

Free Essay

Legal Memorandum

...Legal Issues for Jane Asylum Case Kelisha Marshall Kaplan University PA401: Advanced Legal Writing MEMORANDUM To: Linda Ashar, Esq From: Kelisha Marshall, Paralegal Date: November 13, 2012 RE: Jane’s Asylum Petition | Statement of Facts Jane is only 14 years-old, she is neither a citizen of the United States nor a dual citizen of any other country. For six years Jane’s parents have shared full custody and parental rights. Jane would spend the school term with her father, John, in Quebec and school breaks and holidays with her mother, Anne, in New York. Halfway through the school break in New York, Jane telephoned her father stating she wanted to come home early. Her father encouraged her to get along with the mother until break was over. Two days after this incident, Jane left her mother’s home and never returned. Upon Anne’s arrival to her home that evening she listened to a message left by Jane stating she hated them both and was going to live with her Uncle Billy in California. John also received the same message. Rushing to the airport in effort to stop Jane, Anne was killed in a car accident. Now Jane is in California with her uncle and refuses to return to Quebec with her father. Issues Does Uncle Billy have the authority to apply for petition of asylum on behalf of Jane? Does Jane herself have the authority or right to apply for a petition of asylum in regards to the alleged exposure of being a propaganda tool? Has time elapsed for the processing of...

Words: 1294 - Pages: 6

Premium Essay

Guide to Bluebook

...District court decisions are published by West in the unofficial reporter, the Federal Supplement (F. Supp.) State cases & West Regional Reporters • 28 states publish their cases officially. • The other 22 states rely on the unofficial West reporters to publish their cases in seven regional reporters: – – – – – – North Eastern (N.E. and N.E.2d) North Western (N.W. and N.W.2d) Pacific (P. and P.2d) South Eastern (S.E. and S.E.2d) South Western (S.W. and S.W.2d) Southern (S. and S.2d). New York and California are Odd • The intermediate court decisions of these states are also published by West in the New York Supplement (N.Y.S. and N.Y.S.2d) and in the California Reporter (Cal. Rptr.), respectively. How to Cite Cases Jackson v. Green, 204 So. 2d 94 (Fla. 1974) case name + reporter...

Words: 2416 - Pages: 10

Premium Essay

Legal Writing Project 1

...TerriResse Jones 208 Southwind Dr. #14, Athens, AL 35611 #22026522, Legal Writing 1, #008033 Law Offices of Eliza Smith & Associates 5678 Barrister Row Clark, Pennsylvania 18112 (771) 333-4444 Fax (771) 333-4445 April 21, 2014 Jane P. Smith 123 Rock Road Clark, PA 18118 Re: File No. Smith-3-04 Dear Ms. Smith, This letter is to inform you, that your tax appeal hearing has been scheduled for March 6, 2005, at 10:30 a.m. The hearing will be held at the County Office building located at 211 Race Road. The court room is located on the 5th floor. Ms. Smith, would like for you to meet her in the lobby ten minutes before the hearing begins. She asked, that you bring the pictures of all the comparable houses in your area, as discussed per your earlier meeting with her. If you have any questions, or need any assistance, please contact me at (217) 695-3568. Very truly yours, TerriResse Jones Cc: Eliza Smith THIS DEED Made the 21st day of April, in the year Twenty Thousand Fifteen (2015) Between, JANE P. SMITH, of the Township of Dalton, Lackawanna County, Pennsylvania, hereinafter referred to as the Grantor A N D ADAM JONES and SALLY JONES, husband and wife, of the Township of Dalton, Lackawanna County, Pennsylvania, hereinafter referred to as the Grantee. WITNESSETH, that in consideration of the sum of One Hundred and Fifty Thousand ($150,000.00) Dollars, in hand paid,...

Words: 1907 - Pages: 8

Free Essay

Petition Dissolution of Mar

...IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION IN RE THE MARRIAGE OF: ) ) JOHN SMITH, ) Petitioner, ) ) and ) No. ____________ ) JANE SMITH, ) Respondent. ) PETITION FOR DISSOLUTION OF MARRIAGE NOW COMES the Petitioner, JOHN SMITH, by and through his attorney, Darryl Apperton and Cabrini Green Legal Aid, petitions this court for a Dissolution of Marriage and states as follows: 1. Petitioner is now residing in the County of Cook, State of Illinois, and has so resided for at least the past 90 days. 2. The parties were lawfully married on December 4, 2003 and the marriage was registered in Cook County, Illinois. 3. Petitioner is 25 years of age and is employed at CVS Pharmacy. 4. Respondent is 25 years of age and is employed at U.S. Bank. 5. There were two children born to the parties, namely JULIE SMITH, born September 14, 2004, and JIMMY SMITH, born January 4, 2006. There were no other children born to or adopted of the marriage and the Respondent is not currently pregnant. 6. The parties have not lived together as husband and wife since November 25, 2006. 7. Since the parties’ separation, the minor children have resided with Petitioner. 8. At the time of filing this Petition for Dissolution of Marriage, the Petitioner is not aware of any pending action involving the minor children. 9. Irreconcilable differences...

Words: 567 - Pages: 3

Free Essay

Petition Dissolution of Mar

...IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION IN RE THE MARRIAGE OF: ) ) JOHN SMITH, ) Petitioner, ) ) and ) No. ____________ ) JANE SMITH, ) Respondent. ) PETITION FOR DISSOLUTION OF MARRIAGE NOW COMES the Petitioner, JOHN SMITH, by and through his attorney, Darryl Apperton and Cabrini Green Legal Aid, petitions this court for a Dissolution of Marriage and states as follows: 1. Petitioner is now residing in the County of Cook, State of Illinois, and has so resided for at least the past 90 days. 2. The parties were lawfully married on December 4, 2003 and the marriage was registered in Cook County, Illinois. 3. Petitioner is 25 years of age and is employed at CVS Pharmacy. 4. Respondent is 25 years of age and is employed at U.S. Bank. 5. There were two children born to the parties, namely JULIE SMITH, born September 14, 2004, and JIMMY SMITH, born January 4, 2006. There were no other children born to or adopted of the marriage and the Respondent is not currently pregnant. 6. The parties have not lived together as husband and wife since November 25, 2006. 7. Since the parties’ separation, the minor children have resided with Petitioner. 8. At the time of filing this Petition for Dissolution of Marriage, the Petitioner is not aware of any pending action involving the minor children. 9. Irreconcilable differences...

Words: 567 - Pages: 3

Free Essay

Syllabus

...BS (4 Years) for Affiliated Colleges      Course Contents for Subjects with Code: ENG  This document only contains details of courses having code ENG.   Center for Undergraduate Studies, University of the Punjab          1  BS (4 Years) for Affiliated Colleges      Code  ENG‐101  Year  1  Subject Title  Introduction to Literature‐I (History of  English Literature‐I)  Discipline  English  Cr. Hrs  3  Semester  I  Aims: One of the objectives of this course is to inform the readers about the influence of historical and socio-cultural events upon the production of literature. Although the scope of the course is quite expansive, the readers shall focus on early 14th to 19th century Romantic Movement. Histories of literature written by some British literary historians will be consulted to form some socio-cultural and political cross connections. In its broader spectrum, the course covers a reference to the multiple factors from economic theories to religious, philosophical and metaphysical debates that overlap in these literary works of diverse nature and time periods under multiple contexts. The reading of literature in this way i.e. within the sociocultural context will help the readers become aware of the fact that literary works are basically a referential product of the practice that goes back to continuous interdisciplinary interaction. Contents: • Medieval Period • Renaissance and Reformation • Elizabethan Period • Milton, the Metaphysical...

Words: 14375 - Pages: 58

Free Essay

Paper

...Prevention and the Child Protection System Jane Waldfogel The Future of Children, Volume 19, Number 2, Fall 2009, pp. 195-210 (Article) Published by Princeton University DOI: 10.1353/foc.0.0037 For additional information about this article http://muse.jhu.edu/journals/foc/summary/v019/19.2.waldfogel.html Access Provided by Columbia University at 09/11/12 2:47PM GMT Prevention and the Child Protection System Prevention and the Child Protection System Jane Waldfogel Summary The nation’s child protection system (CPS) has historically focused on preventing maltreatment in high-risk families, whose children have already been maltreated. But, as Jane Waldfogel explains, it has also begun developing prevention procedures for children at lower risk—those who are referred to CPS but whose cases do not meet the criteria for ongoing services. Preventive services delivered by CPS to high-risk families, says Waldfogel, typically include case management and supervision. The families may also receive one or more other preventive services, including individual and family counseling, respite care, parenting education, housing assistance, substance abuse treatment, child care, and home visits. Researchers generally find little evidence, however, that these services reduce the risk of subsequent maltreatment, although there is some promising evidence on the role of child care. Many families receive few services beyond periodic visits by usually overburdened caseworkers, and...

Words: 8138 - Pages: 33

Premium Essay

Henry Viii to Mary I, 1509-1558

...F961A3: Henry VIII to Mary I, 1509-1558 A: What were Henry VIII's aims as king from 1509-1529? Henry VIII's personality and role in government ▪ Henry VIII was a confident and energetic monarch. He had a much stronger claim to the throne than his father and there were no threats to his throne from pretenders. ▪ Henry VIII wanted to achieve glory for himself, his Court and for England. He would attempt to achieve this mainly through his foreign policy. ▪ Henry VIII was not, unlike his father, interested in the day to day administration of English government. ▪ He played a very important role at Court and he had the final say in all matters, but the running of the government and administration, he left to Wolsey - his chief minister from 1514-1529. ▪ Henry VIII was always the centre of attention but he hated writing and debating. Instead he preferred the thrill of hunting and sportsmanship and the excitement of diplomacy. ▪ Although Henry and Wolsey had their disagreements in the period up to 1527, none was serious enough to cause serious problems. ▪ Wolsey was brilliant at managing Henry's overdeveloped ego and Henry may have seen Wolsey as a surrogate father. ▪ After 1527, Henry VIII's energies were focused on the gravest crisis of his reign, the attempt by Henry to have his marriage to Catherine of Aragon annulled. This problem would lead eventually to Wolsey's fall from power. Henry VIII and foreign policy Introduction ▪ Henry...

Words: 10486 - Pages: 42

Free Essay

Case Study

...10 10 Rutherford Rd. 13 85A 10 Rutherford Rd. 85A 85A Fincham Ave. 85A,B 63 360 Rutherford 85+ Rd. Rutherford 107B 86 105 Rutherford 85+ 105 86 R 23 non-Rush 23 86 86 88E 85+ Rd. d. Springh Hillcrest Carrville Rd. Mall 11 Maple Av e. Stone Mason Dr. 85,B Yonge St . hattan Man Avenu e Clarence St. Pearson Ave. Unionville asant Rid ge Av. k ee W. Be ave r Cr Bayview Buc Allstate Pkwy. Dufferin Point Dr. Hunter's Isling ton Ave. East Valhalla Dr. Frontenac Ple E. Nor th R ivermed e Rd. Morning Sta rD 15 23+ 23+ 12 14 23+ Eagle Edgeley Bl vd. Millway Ave. Rd. Forest Dr. Chate laine Dr. Jane Creditston e Ave. Weston Warden McCowan Rd. Pr ofe ss ors La ke Pk wy. Keele Pine Valle y Dr. Whitmore Rd. Grove R d. Atkinson i nster Yonge St . Hood Rd. Ave. Hend erso n Ave. Martin Ne w Bayview Dr St . Peter Kaiser Gt. Win Mountcastle Gt. term ute Blvd Birc . hm Rd. 32 ms illia W y. Pkw 19 19 92 al ntr Ce Par k Founders Blvd. Cr. le 12 Hillda Rossdean Petrolia Claire Ave. Rd. Hull Dr. Signet Claireville Dr. Bayview Cla rk Rd. Norelco Humberline Wa lker Dr. Dufferin Birchmount Ave. Woodbine Downs Blvd. Markham Blvd. Dr St. Chess Bathurst Senti 13 40 Oakdale ...

Words: 9349 - Pages: 38

Free Essay

Thurgood Marshall Research Paper

...In 1967 the president, Lyndon Johnson, nominated United States Court of Appeals Judge, Thurgood Marshall to join the Supreme Court. In August of the same year he was confirmed. This made him the first Black American to ever take occupation in the highest American courts. Thurgood was one of the most effective civil rights activist in history, and he was a firm believer in the constitution. He strongly believed the constitution was the source to get Black Americans the equality they were striving for. He was dedicated to being a voice for his people, and he knew what was politically correct when coming from both sides of a good argument. Some say it wasn’t in the best interest of the country to let a black man on the supreme court at the time, but President Johnson’s response was simply, “I believe it’s the right thing to do, the right time to do it, the right man, and the right place.”1 Thurgood Marshall was born on July 2, 1908, in Baltimore, Maryland. His father, William Marshall, the grandson of a slave, worked as a steward at an exclusive club. His mother, Norma, was a kindergarten teacher.2 One of William Marshall's favorite pastimes was to listen to cases at the local courthouse before returning home to rehash the lawyers' arguments with his sons. Thurgood Marshall later recalled, "Now you want to know how I got involved in law? I don't know. The nearest I can get is that my dad, my brother, and I had the most violent arguments you ever heard about anything. I guess we...

Words: 1961 - Pages: 8

Free Essay

Case Study

...i lëvizshëm se punës. Që të punës dhe lëndëve të para inputet lirë janë të vendosura në vende të tjera, firmat shumëkombëshe të krijuar filiale atje.Ata janë kritikuar shpesh si korporatat arratisur.Ekonomistët nuk janë në marrëveshje se si duhet të përcaktohet korporatat multinacionale ose transnacionale. Korporatat multinacionale kanë shumë dimensione dhe mund të shihet nga disa këndvështrime (pronësinë, menaxhimin, strategjisë dhe strukturore, etj)Në vijim është një ekstrakt nga Franklin Root, Tregtisë Ndërkombëtare dhe Investimeve | Kriteri i pronësisë | Disa argumentojnë se pronësia është një kriter kyç. Një firmë bëhet shumëkombëshe vetëm kur kompania selisë apo prind është në pronësi në mënyrë efektive nga shtetasit e dy ose më shumë vende.Për shembull, Shell dhe Unilever, i kontrolluar nga interesat britanike dhe holandeze, janë shembuj të mirë. Megjithatë, me provë të pronësisë, shumë pak shumëkombëshet janë shumëkombëshe. Pronësia e shumicës së MNCs janë uninational. (P.sh., Smith-Corona kundrejt Brothers rasti)Në varësi të çështjes, secila konsiderohet një kompani shumëkombëshe amerikane në një rast, dhe secila është konsideruar si një shumëkombëshe të huaj në një rast tjetër. Kështu, pronësia nuk ka rëndësi. | Kombësia përzierje e menaxherëve selinë | Një kompani ndërkombëtare është shumëkombëshe nëse drejtuesit e kompanisë mëmë janë shtetas të disa vendeve. Zakonisht, menaxherët e selisë janë shtetas të vendit të origjinës. Kjo mund të jetë një fenomen kalimtar...

Words: 7687 - Pages: 31

Free Essay

Law of Tort

...action for unliquidated damages”. (Roger, W.V.H., 2006) In Malaysia, the law of tort is largely derived from common law in England. In the law of tort, negligence is the most widely used tort in the legal system. In order for a claimant who is seeking for remedy to successfully bring a claim in a negligence case, they must first prove these 3 factors: * The defendant held a legal duty against the claimant. Therefore, the defendant owed the claimant a duty of care. * The defendant had breach of that duty. * The claimant are suffering damages resulted in that breach of duty. These three factors will sometimes be shortened as duty, breach and damage. Duty of care This important factor of negligence came from a famous case of Donoghue v Stevenson (1932). In this case, the claimant, Ms Donoghue went to the Minchella’s Wellmeadow Café in Paisley with her friend. Her friend ordered a bottle of ginger beer that was contained in an opaque bottle. When she poured the remained ginger beer, a decomposed snail came out with her ice cream. Ms Donoghue became ill as she has consumed the contaminated beer. She could not sue the café under the rule of contract as she did not buy the beer herself. Therefore, she did not own a contract with the café. As a result, she sued the manufacturer of the ginger beer using the tort of negligence. Ms Donoghue won the case in the House of Lords. In this case Lord Atkins defined negligence as; "You must take reasonable care to avoid acts or omissions...

Words: 7008 - Pages: 29

Free Essay

Oscola

...OSCOLA Oxford Standard for the Citation of Legal Authorities Fourth Edition Faculty of Law, University of Oxford www.law.ox.ac.uk/oscola Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1 General notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 Citations and footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 .1 1 .1 .2 1 .1 .3 1 .1 .4 Citing cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Citing legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Citing secondary sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Order of sources in footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 1 .2 Subsequent citations, cross-references and Latin ‘gadgets’ . . . . . . . . . . . . .5 1 .2 .1 Subsequent citations . . . . . . . . . . . . . . . . . . . . . . ....

Words: 18564 - Pages: 75

Premium Essay

Mr. Dude

...Tax Law and Tax Administration 5 Case: Firefighting Aircraft 6 Discussion questions 7 Review questions 8 The Individual Income Tax Model 10 Case: George and Sheena Jungle’s 1040 Tax Return 10 Discussion Questions 10 Review questions 11 Gross Income 13 Case: Commissioner v. Glenshaw Glass Co.\William Goldman Theatres Inc. (U.S. 1955) 13 Discussion questions 19 Case: Lucas v. Earl United States Supreme Court. 1930 20 Discussion questions 21 Review questions 21 Exclusions 22 Case study: Tom Daschle withdraws from nomination as HHS Secretary, 2009 23 Discussion questions 23 Case: Sam and Julie 24 Discussion questions 24 Case: Ralph and Betsy are landlords 25 Discussion questions 26 Case: Mark who lives in unit 6 27 Discussion questions 27 Case: Jack’s Restaurants 28 Discussion questions 28 Review questions 29 Tax Basis and Capital Transactions 32 Case: What’s my income on selling this stock? 32 Discussion questions 34 Case: Property converted from personal to business use 35 Discussion questions 35 Review questions 36 Business Deductions 38 Case study: Welch v. Helvering, Commissioner of Internal Revenue 38 Discussion questions 41 Case: Commissioner of Internal Revenue v. Sullivan et al. 1958 42 Discussion questions 43 Case: Statutory limits to deductions 44 Discussion questions 44 Review...

Words: 16572 - Pages: 67