Free Essay

State vs. Helm

In:

Submitted By melvinclark
Words 430
Pages 2
State VS Kelm
672 A.2d 1261

I Facts: Joan Williams received a check from Kelm for a loan reimbursement for a real estate loan. A week later after receiving the check Williams realizes that the check is uncollectable. When Williams realizes this she reports it the local police and the police advise her to process the check and let it be denied so that she may file a criminal complaint against Kelm. When it was returned with a notation that it should not be presented again, that no account was on file, Ms. Williams filed a criminal complaint against defendant. Records of the bank, testified to at trial, showed that defendant's account had negative balances from February 10, 1991 until is was closed on March 8, 1991.For her part defendant admitted the making and delivery of the check for $6000 but claimed it was delivered on February 10, 1991 and had been post-dated. She denied any intention to defraud Ms. Williams.

II Issue: The issue is that Williams received a check from Kelm, which was dishonored due to insufficient funds and was to file a criminal complaint against Kelm.

III Holding: The court that rendered the decision was the Superior Court of New Jersey. The State must prove the following elements beyond a reasonable doubt in order to convict the defendant under this bad check. The State must prove that the defendant knowingly issued or passed the check for the payment of money and, two, that the defendant knew at the time that she issued or passed the check that it would not be honored by the drawee. Two things must occur at the same time: the defendant knowingly passed the check for the payment of the money and knew at the time she gave the check over to Mrs. Williams that it would not be honored by the bank.

IV Reasons: The reasons why the State must prove this things the Judge found is to help support that Kelm was committing a fraudulent act.

V. Rule of Law: As the trial judge noted in denying defendant's motion for a judgment of acquittal as to the theft count, her conduct after the delivery of the check permitted the inference that she created a false impression as to her anticipation of funds which would enable her to repay the $6000 and that she never intended to repay Ms. Williams. Defendant did not seek to employ usury as a defense, nor did she seek a jury instruction as to usury. Moreover the subject was irrelevant. The sentence is unexceptionable

Similar Documents

Free Essay

Testo

...testo testo testo testo testo testo testo v testo v testo vvvv testo testo vvvv testo v testo csc dfasfdfdfd gdgf gfg g d fadfadsfdsfa dfdf fdfdfdfd dfdfdfdf fff ffdffefef fdfdfdf dfdddfdfdfdfd fdddfaeretrewgtrw qwer weret tt t t t t t t t t t t t t t t t t t t t t t t t t t t te e e e e e ere r er eedf e erefgt f gfggrg fjthe the mana jjun dfdkfla reithtrg dflfjdf the man ate the afat fafa the man ate the cake oupf fadfda ld fa testo Radric Davis (born February 12, 1980),[1] better known by his stage name Gucci Mane, is an American rapper. He debuted in 2005 with Trap House, followed by Hard to Kill in 2006, Trap-A-Thon, and Back to the Trap House in 2007. In 2009, his second studio album The State vs. Radric Davis was released. The Appeal: Georgia's Most Wanted was released in 2010, and is his highest charting album so far. Gucci Mane has released many other mixtapes and independent albums as well. While serving a six-month jail term for assault in late 2005, Davis was charged with murder, though the charges were later dropped due to a lack of evidence. In 2009, he served a year-long county jail sentence for violating probation for his 2005 aggravated assault conviction. As of 2013 Gucci Mane is currently working & planning the release of his seventh studio album Trap House III: The GuWop...

Words: 257 - Pages: 2

Premium Essay

Doc 2

...Introduction       The Helms-Burton Act has become one of the most controversial and widely discussed international legislation in decades.   The resistance from the Cuban government about the features of the Helms-Burton legislation is a clear affirmation of the legitimacy of property claims irrespective of the passage of time.   This report will address the issues with the America’s Cuban Conundrum.   It will analyze the key issue that prompted the EU to take the Helms-Burton Dispute to the WTO, determine who benefits and who suffers from an embargo of this type of economic barriers.   This report would also constitute a resolution to the trade condition between U.S and Cuba, and determine what type of economic barriers would have to be overcome by a U.S. Firm to conduct business successfully in Cuba. The Cuban Democracy Act of 1992 stipulates that U.S. sanctions on Cuba will remain in place until specific moves toward democracy bring about a calibrated adjustment.   The Cuban Liberty and Democratic Solidarity (Libertad) Act—or Helms-Burton bill—which Senators Helms, Dole et al. have introduced in the Senate, goes further in strengthening international sanctions, establishes a civil right of judicial action for U.S. citizens having ownership of or interest in expropriated properties—with reference either to fair market value or amounts certified by the U.S. Foreign Claims Settlement Commission. 1. What was the key issue that prompted the EU to take the Helms-Burton dispute to...

Words: 786 - Pages: 4

Free Essay

New World Order

...of the Cold War until 9/11 * From 9/11 until the Global Financial Crisis * From the GFC to present day ------------------------------------------------- From the Cold War until 9/11 * Period from 1989 until 2011 * After a stagnant period, the 1990s turned into a decade of economic growth * Globalization saw a technological revolution * Number of states increased at the UN 1989: End of power politics * End of Bipolarity – The Cold War was marked as an era of bipolarity in which the US-inspired capitalist system ‘played off’ against the Soviet-inspired ‘state socialism’. * NATO vs WARSAW PACT; US dollar system played off by COMECON * Move towards Perestroika effectively killed off competition – leading to a reduction of ideological contestation End of Ideology/ Victory of Capitalism? * Belief that capitalism ‘triumphed’ over socialism – greater expansion of capitalist norms. * TINA syndrome. With the exception of a few ‘rogue’ states, most have realized its best to ‘play’ the game and embraced market values. * Led to: * 1. The ‘Retreat of the State’ argument * 2. The ‘End of History thesis’ Post-Cold War Triumphantism * Led to the liberalization moves in the 1990s and the renewal of International Organizations * Increase in collective forms of Security * The growth and spread of the neoliberal form of capitalism that had emerged in the 1980s * Growth of regionalism * Transnational Class formulations...

Words: 577 - Pages: 3

Premium Essay

Issues and Innovations in Nursing Education

...Journal of Advanced Nursing, 1999, 30(6), 1432±1440 Issues and innovations in nursing education Evaluation of an innovative curriculum: nursing education in the next century 1 Senior Lecturer, Faculty of Welfare and Health Studies, University of Haifa Hasida Ben-Zur PhD Dana Yagil PhD Lecturer, Faculty of Welfare and Health Studies, University of Haifa and Ada Spitzer RN PhD Senior Lecturer and Head of Nursing Department, Faculty of Welfare and Health Studies, University of Haifa, Haifa, Israel Accepted for publication 22 March 1999 BEN-ZUR H., YAGIL D. & SPITZER A. (1999) BEN-ZUR Journal of Advanced Nursing 30(6), 1432±1440 Evaluation of an innovative curriculum: nursing education in the next century The present research focused on an interim evaluation of a new nursing curriculum made by ®rst- and second-year undergraduates. Study 1 examined the assessments made by 90 students of the new, actual programme of their studies, as well as an ideal one, on 21 bipolar criteria re¯ecting the developing changes in health care practices and higher educational processes in western society. The results of study 1 indicated that students perceived the actual programme as compatible with health care changes, but lacking in terms of the learning process. Study 2 investigated the same assessments among 105 registered nurses who evaluated the traditional nursing programme under which they were trained as well as an ideal one. The results of study 2 showed that registered...

Words: 6505 - Pages: 27

Premium Essay

Economics

...Commanding the Heights: the Battle of Ideas This essay starts with an introduction of the documentary Commanding the Heights: the Battle of Ideas made by PBS, then conducts the analysis on the two competing economic ideas of Keyes vs. Hayek, and finally presents a detailed illustration of their impacts on the America’s economic policies since 1980. Introduction The PBS-made documentary ‘Commanding the Heights’ is to promote better understanding of globalization, economic development and world trade, featured with specific examples of different countries and interviews with related parties. Episode One "The Battle of Ideas," gives an overview of the battle between two major competing ideas about the world economy over the course of last century. On the one hand, the English economist Keynes believes in the ‘planned economy’ and advocates the government intervention to mitigate the risk during economic recession or depression; On the other hand, the Australian economist Hayek favors the free market mechanism and believes in minimum government intervention as market will eventually take care of itself and the prices system is at the heart of what makes a functioning economy work. The episode tracks the root of these ideas and explains how the world moved toward the government controlled economy during the 20th century in a chronological order summarized as below. The Russian Revolution in 1917 marked the beginning of communism economy, in which government is very important...

Words: 1913 - Pages: 8

Premium Essay

Adult Learning Theory: Andragogy

...Running head: ADULT LEARNING THEORY: ANDRAGOGY1 Adult Learning Theory: Andragogy Jonathan S. Ponce American Public University System Author Note Jonathan Ponce for COLL 100, American Public University System, taught by Instructor Anthony Underhill ADULT LEARNING THEORY: ANDRAGOGY2 Abstract The andragogy theory can best be defined as the art and science of helping adults learn. This paper will explore exactly what the andragogy theory is and how it differs from pedagogy. A few examples of earlier andragogy strategies used in adult education were group discussions, interviews, and joint problem solving sessions. Now a days we see online tools such as discussion forums and blogs being used online to promote learning among adult learners. Simply put, andragogy is an organized and sustained effort to assist adults to learn in a way that enhances their capacity to function as self directed learners. ( Mezirow 1981) But does this method really only apply to adults? Could it be used by the younger learners before they reach adulthood? Is either method greater or more efficient than the other? Though mostly seen as a useful tool in adult education, studies into andragogy have shown that there are flaws within the core principles that conflict with its purpose of being a more...

Words: 1656 - Pages: 7

Free Essay

Cultural

...Allen Ivey, EdD. These guidelines build on work related to multicultural counseling competencies by Division 17 (Sue et al., 1982) and the Association of Multicultural Counseling and Development (Arredondo et al., 1996; Sue, Arredondo, & McDavis, 1992). The Task Force acknowledges Allen Ivey, EdD, Thomas Parham, PhD, and Derald Wing Sue, PhD for their leadership related to the work on competencies. The Divisions 17/45 writing team for these guidelines was assisted in reviewing the relevant literature by Rod Goodyear, PhD, Jeffrey S. Mio, PhD, Ruperto (Toti) Perez, PhD, William Parham, PhD, and Derald Wing Sue, PhD. Additional writing contributions came from Gail Hackett, PhD, Jeanne Manese, PhD, Louise Douce, PhD, James Croteau, PhD, Janet Helms, PhD, Sally Horwatt, PhD, Kathleen Boggs, PhD, Gerald Stone, PhD, and Kathleen Bieschke, PhD. Editorial contributions were provided by Nancy Downing Hansen, PhD, Patricia Perez, Tiffany Rice, and Dan Rosen. The Task Force is grateful for the active support...

Words: 24938 - Pages: 100

Free Essay

Hello

...Athletes have special requirement to be physically and mentally fit and ready for their games. A. Right diet and weight for right muscle mass. B. Quality sleep. C. No pain, no gain. DRAFT ARTICLE HOW TO KEEP A HEALTHY LIFESTYLE WHEN YOU’RE AN ATHLETE (Special Feature) It’s no wonder when you hear UAAP what immediately comes to mind of most sports enthusiasts is the basketball league in men’s division. It’s a known fact that basketball is still the most popular sports here in the Philippines so its no surprise that among the sports competition in the UAAP, basketball gained a great deal of popularity in the nation a bit comparable I believe to Philippine Basketball Association at its helm during the era of Crispa Redmanizers versus Toyota Tamaraw to Ginebra San Miguel vs Tanduay Rhum Masters rivalries. In this year’s 76 season of UAAP, the basketball competition in men’s division is highly anticipated by sports enthusiasts and loyalists as the university teams’ race to the final four and battle for the final two is on. News and updates about the games are very visible in television, broadsheets and online. In other words, they are being talked about everywhere. To cite a few, there’s the latest brouhaha embroiled in by Coach Perasol of the ADMU Blue Eagles against some hecklers in their recent game, and there’s also the latest article of Ricky Lo in his column in Philippine Star entitled “The 2013...

Words: 1027 - Pages: 5

Premium Essay

Robotic Warfare

...lives. Robotic warfare needs to be supported because it helps prevent the loss of human life, it has the ability to rapidly reproduce robotic soldiers, and it can reduce the possibility of human error. Many articles state that robots have the downsides like most everything does but robots can provide upsides that can't be done by any other solution. Robotic warfare is a positive for both sides of the spectrum due to niether side losing any men at all. When a soldier goes out on to a battle field they have a chance to die because of many various dangers and they are unable to identify and counteract all of the dangers they will face. The amount of dangers are too immense for one human to handle and key in on the human aspect. If and when the robotic soldier enter the battlefield soldier will be virtually untouchable and incredibly safe compared to war in this era. This still doesn't keep humans completely out of harm's way from the dangers of the battlefield. The humans have to be within a certain range to operate the drones or robots that are being controlled in the battlefield so they are still be in range of the enemy forces and can be killed if spotted or traced by the enemy. Also when you put robots into combat they don't have the ability to discern an enemy vs an innocent person. The robots could end up killing innocent women and children when they don't need to be killed. Generally people are operating these robots from a secure location on a base or they have a large...

Words: 1035 - Pages: 5

Premium Essay

Dana Hall Case Study

...MGMT 701 Case Study: Dana Hall: Funding a Mission (A) Henry Durant, founder of Wellesley College in 1870 believed “young girls were ill prepared to take advantage of the academic experiences offered”1. An all-girls preparatory, Dana Hall, was born out of a vision and generosity2. Dana Hall developmental timeline1: * 1881: Opened under the leadership of the Eastman sisters who retired in 1899. * 1899 -1951: The school was bought and was under the directorship of Helen Temple Cooke; she shaped * Dana Hall into a well-known and widely respected academic institution firmly committed to its mission as a girls’ boarding school. * 1955: Cooke died; However she had owned an association of four schools: Tenarce (Coed K-6), Pine Manor Junior College ( 2 year post-secondary), Dana Hall (Boarding School for girls 10-12 and Dana Junior (Boarders 8-9) * 1971: Dana Hall was restructured and now served both the boarders and day students 9-12 Founded on vision and generosity the school did not seek contributions and by the mid-eighties started having financial difficulties and more or less was just managing its operational budget1. Along with the financial challenges the school had both internal and external challenges: there was the issue of leadership retention: three headmistress in four years which resulted in de-stabilization and created rifts among faculty, administration and the board of trustees1. There was also substantial shrinkage in the applicant pool;...

Words: 1090 - Pages: 5

Premium Essay

Unit 5031v1 - Leadership Practice

...2015 Stephen Richard Ashmore Premier Foods 22/10/2015 Unit 5013V1 - Leadership practice Table of Contents Introduction 2 Scenario 2 Task 1 3 Task 2 7 Task 3 9 Task 4 11 Referencing 14 Bibliography 15 Introduction This unit is about being able to define and show an appreciation for key leadership principles in setting and communicating organisational direction, and the application of leadership styles in the achievement of organisational objectives. It is also about being able to differentiate between the leadership and management aspects of a job role and show an understanding of how these are integrated to enable effective performance Scenario Learners may use their own employment context, or that of another organisation with which they are very familiar, to base their assignment. However, in the case that they are not able to do so, please use the below scenario:- You are a manager, leading a department in a medium sized company. You have responsibility for setting direction, motivating and inspiring the team and individuals, and for co-ordinating workload and outputs. For this assignment I will predominantly be using examples and methods from my organisation unless otherwise asked by the assignment brief. Task 1 The Function of a Management Role The function of a management role is to complete set tasks and goals so as to make the best use of all use all the resources available in the most efficient way. The general five functions of...

Words: 4065 - Pages: 17

Premium Essay

Management Skills

...Course: Foundation Degree in Business Management Module title: Management Skills Module Number: Title of Assignment: Written Assignment Assignment number: One Tutor: Student No: Date: The author’s objective of this paper is to investigate the difference between a manager and a leader. There are numerous discussions around whether a manager is a leader and are leaders born or made. This paper will discuss various theories relating to managers and leaders and their differences. In order to complete the research there are different ways of interpreting the data. The author will be completing an inductive research assignment with an interpretivism approach. When undertaking and presenting research, it is done with the objective of accumulating knowledge. The author will be using this approach as, although there are a number of management and leadership models and theories a number of conclusions drawn in the journals and books are the thoughts and opinions of the individual authors not necessarily facts. In research there are two methods of reasoning; deductive and inductive. There are also two approaches that can be used positivism and interpretivism the author will briefly summarize these methods. Ehow (2011) sums up inductive and deductive reasoning - ‘Inductive reasoning moves from the specific to the general. Deductive reasoning moves from the general to the specific Deductive reasoning arrives at a conclusion based on generalizations. The basis of the argument...

Words: 1781 - Pages: 8

Premium Essay

Coriolanus and Donne

...and the body. His behavior toward the plebeians contrasts starkly with Martius's--the common people like him, calling him "one that hath always loved the people"; they say of him, "...he's one honest enough! Would all the rest were so!"(I.i.49-52). Although he does not genuinely care for them any more than Martius does (he never actually takes their side in any of the play's political disputes), the people nevertheless favor him because he possesses a gift the play's hero lacks--the gift of public relations. – Compared to Menenius. * The play shows us a city suffering from a power vacuum; wily patricians like Menenius and crafty demagogues like the tribunes now struggle to fill this vacuum, Menenius with his organic conception of the state and the tribunes with their notion of popular rule. Moreover, this political situation can be traced back to Martius; we learn that as a youth he had a hand in King Tarquin's overthrow. One can, thus, see the play's initial situation as an Oedipal moment: The young Martius has overthrown the royal father-figure and is poised to take his place--except that in republican Rome, the kingly Martius cannot take Tarquin's place without becoming himself a tyrant. Act 1.2-5 * We find Coriolanus's wife and mother in a domestic scene, sitting and sewing, and then gossiping with one of their friends who pays a visit. But the domestic setting sharply contrasts with the words and character of...

Words: 1939 - Pages: 8

Premium Essay

Sa Cio’s Landscape, Including Legal and Regulatory Issues

...Table of Contents 1. Abstract…..……………………………………………....………………..…...…. 4 2. Introduction……………………………………………....………………..…...…. 4 3. Analysis…………………………………………………....…………………...…. 5 4.1 Research and innovation in the ICT environment ……………....………. 5 4.2 Human capital development in the ICT environment.……..…....……….. 7 4.3 Level of advancement of ICT networks and services.…………………… 8 4.4 Level of advancement of the IT and software industry sectors……….… 11 3.5 The role of CIOs in promoting digital economy evolution……………….. 14 4. Conclusion………………………………………………...…………………...…. 17 5. References……………………………………………....…..………………...…. 19 1. 1. Abstract This report is an analysis of digital economy evolution and the role of the CIO in the South African ICT sector, looking at the following five points: (i) Research and innovation in the ICT environment. (ii) Human capital development in the ICT environment. (iii) The level of advancement of ICT networks and services. (iv) The level of advancement of the IT and software industry sectors. (v) The role of CIOs in promoting digital economy evolution. 2. Introduction This report is an analysis of the digital economy evolution and the CIO’s in the South African ICT sector. The CIO does not have much influence in the areas of ICT such as, the ICT sector itself, research, ICT sector innovation, human capital development, ICT networks, services and software...

Words: 4549 - Pages: 19

Free Essay

Case Study: Epic of Survival

...had set out – in the face of the many dangers they faced during the failed expedition – Shackleton mustered together the courage, willpower, wit, & leadership and brought each and every member back home alive. b. Shackleton assembled a group of men that were willing to go with him on a hazardous journey. They were paid little, there were long months of complete darkness, and constant danger. Safe return was doubtful. The only thing they would have gotten out of it was honor and recognition. Other people would have thought them desperate or crazy. Yet it’s most likely the allure of being in a Shackleton expedition that made them go anyway. Such was the power that Shackleton wielded over them. c. Ernest Shackleton provides a very good contrast vs. Rob Hall and Steve Fischer – group leaders of the 1996 Mt. Everest tragedy. While all 3 can be said to have both formal and personal power, Shackleton was able to harness his power effectively to rally the crew to survival. His crew had well-defined roles and responsibilities. They were a team with a common overriding goal – that of survival. d. Shackleton put his people first. Yes, he was after fame & fortune but his sense of responsibility for his men was stronger. Shackleton knew that the expedition will be fraught with danger, but he also acknowledged that how the crew would behave could prove to be the most unpredictable element in the situation. His people-centered approach allowed him to know and acknowledged the abilities and personality...

Words: 1464 - Pages: 6