Essential Criminal Law 3rd Edition Matthew Lippman - Solutions

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List the devices which are available to a court which wishes to avoid the conclusion that an agreement is too uncertain to be enforced.
Compare and contrast the decisions of the House of Lords in May and Butcher v.Rand Hillas v. Arcos.
Billy wishes to know whether or not he can refuse to carry out the following arrangements without finding himself in breach of contract. Advise him.(a) Billy offered to sell his car to Jimmy for £5000 and stated that he would assume that Jimmy had accepted his offer unless he informed Billy to the
Do you think Article 19 of the United Nations Convention on Contracts for the International Sale of Goods is an improvement upon the principles established in Butlerv. Ex-Cell-O Corp? How would Article 19 apply to the facts of Butler?
What is the 'postal rule'? Do you think it is a good rule?
In offer and acceptance cases do the courts 'reason forwards' or 'reason backwards'?
Do you think that Lefkowitz v. Great Minneapolis Surplus Stores would be followed in this country? Give reasons for your answer.
Distinguish between an offer and an invitation to treat. Give examples to illustrate the distinction.
Compare and contrast the reasoning of the majority and the minority in Butler v.Ex-Cell-O Corporation. Which approach do you prefer and why?
Andrew, an old man aged 80, agreed to sell his house to David for £6800.Andrew in fact meant to sell it for £68 000. David is now seeking to enforce the agreement. Advise Andrew.
Do you think that Centrovincial Estates pic v. Merchant Investors Assurance Company was correctly decided?
When may an individual be charged with legislative contempt?
Discuss the factors a court considers in sentencing an individual for criminal contempt.
What is the difference between direct and indirect criminal contempt?
Distinguish criminal from civil contempt.
Discuss the crime of escape. What must an inmate charged with escape demonstrate in order to rely on the duress defense?
Define the elements of the criminal offense of compounding a crime.
Discuss the types of acts that constitute the crime of resisting arrest.
What is required of citizens under statutes that impose a duty to assist law enforcement?
What types of acts are involved in the crime of obstruction of justice?
List the elements of the crime of perjury and of the crime of subornation of perjury.
How does bribery differ from extortion?
What is the purpose of the Foreign Corrupt Practices Act?
Discuss commercial bribery and sports bribery.
What are the elements of the crime of bribery of a public official and of the crime of a public official’s soliciting of a bribe?
Define official misconduct. What types of acts constitute official misconduct?
What is the role of the Office of National Drug Control Policy and the Drug Enforcement Administration in the War on Drugs?
How do drug courts differ from regular criminal courts?
What is the purpose of assets forfeiture? Distinguish between criminal and civil assets forfeiture.
Outline the law on drug paraphernalia. Should the possession of drug paraphernalia be a crime?
How has the approach to the criminal regulation of marijuana changed over time?
Why is there disagreement over whether there should be mandatory minimum sentences for drug crimes?
How does the crime of drug possession differ from the crime of possession with the intent to distribute narcotics?
List the types of acts involving controlled substances that are punished under state statutes.
What is the significance of the schedules of controlled substances under the Controlled Substances Act?
What type of evidence is relied on to convict an individual of operating a motor vehicle while intoxicated?
Under what circumstances may a police officer arrest an individual for public intoxication?
Are juveniles treated differently than adults in terms of alcohol?
Define the legal standard for obscenity and child pornography
Are prostitution and soliciting for prostitution victimless crimes?
Why do some commentators argue that the criminal law is overreaching?
Considering the descriptions of cases you read about on homelessness and gangs, does the broken windows theory pose a threat to civil liberties? Support your answer with examples from the textbook.
How does the U.S. Supreme Court define obscenity?
What are the elements of the crime of prostitution?
What was the constitutional basis for the Supreme Court’s holding Chicago’s Gang Congregation Ordinance unconstitutional? Explain the reasoning of the Supreme Court.
What constitutional objections have been raised to vagrancy and loitering statutes?
Distinguish between vagrancy and loitering.
What is the difference between disorderly conduct and riot?
List specific acts constituting disorderly conduct.
Should the government place a greater emphasis on prosecuting white-collar crime? Do you believe that white-collar criminals should receive harsh prison sentences?
Describe the purpose of criminal laws against the theft of intellectual property, trademarks, and trade secrets.
What acts constitute tax crimes?
Outline currency violations.
Discuss the purpose of laws against money laundering and explain what is involved in money laundering.
Describe access device fraud.
What are the elements of identity theft?
Discuss the purpose of the Sherman Antitrust Act. Give an example of an antitrust violation.
What areas are covered under the 1996 federal health care fraud act?
Discuss the purpose of the Travel Act.
What are the elements of mail and wire fraud? How do they differ from one another?
Define insider trading. Why is insider trading considered a crime?
What is the purpose of criminal prosecutions under OSHA?
List some of the acts that are considered environmental crimes.
Should corporations be held criminally liable for white-collar crime?
What are the various approaches to defining white-collar crime?
Distinguish between false imprisonment and kidnapping.
What is the definition of kidnapping? What are the various approaches to the asportation requirement?
What is the purpose of rape shield laws? Are there exceptions to rape shield laws?
May an individual who withdraws consent claim to be the victim of rape?
Is a defendant’s belief that another individual is above the age of lawful consent a defense to statutory rape? What of the female’s past sexual experience?
What are the three approaches to the defense of mistake of fact in the mens rea of rape?
In addition to force, what other means might a perpetrator employ to satisfy the actus reus requirement in the law of rape?
Distinguish the standard of extrinsic force from the intrinsic force standard in the law of rape.
What elements distinguish a simple or second-degree rape from aggravated or first-degree rape?
Describe the changes in the law of rape introduced by the reform statutes of the 1970s and 1980s.
How did the common law define rape? List some of the barriers to establishing rape under the common law.
Why does “date rape” present a challenge to prosecutors?
What was the original justification for the crime of rape?
What is the relationship between the crime of stalking and a criminal assault?
Discuss the two ways to commit an assault.
What are the requirements of a battery? Describe the difference between a simple battery and an aggravated battery.
Distinguish an assault from a battery.
Discuss the purpose of the various grades of murder and dividing homicide into murder and
Discuss the difference between negligent homicide and misdemeanor manslaughter. Why is misdemeanor manslaughter termed unlawful-act manslaughter in some states?
Should the law recognize the offense of voluntary manslaughter? Why not?
What acts constitute adequate provocation? What must the defendant prove to establish heat of passion? At what point does a defendant’s blood “cool”?
Define voluntary manslaughter.
Why does the law provide for the offense of felony murder? What are the arguments for and against the felony murder rule?
Define depraved heart murder.
What is the difference between first- and second-degree murder?
Differentiate first-degree murder from first-degree capital or aggravated homicide.
Discuss the historical origins and development of criminal homicide into murder and manslaughter. Can you distinguish between murder and manslaughter?
Write a brief essay outlining justification defenses?
Provide some examples of the “new defenses.” How do these differ from established criminal law defenses? Do you agree that some of these defenses deserve to be criticized as “abuse excuses”?
What are the two tests of entrapment? How do these two tests differ from one another?Explain the relationship between these two tests for entrapment and the due process approach.
Discuss the difference between the mistake of law and mistake of fact defenses.
Why have the overwhelming majority of states abandoned the defense of resistance to an illegal arrest? Distinguish this from the right to resist excessive force.
How does the rule regulating police use of deadly force illustrate the defense of execution of public duties? Does this legal standard “handcuff” the police?
Discuss the importance of the Florida Castle Doctrine law.
What is the law pertaining to the defense of the home? Discuss the policy behind this defense. Compare the laws pertaining to defense of habitation and self-defense.

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Essential Criminal Law 3rd Edition Matthew Lippman - Solutions

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