Tom Riddleis an anti-social and highly territorial wizardwho loves his privacy and to visit his chamber located

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Question:

Tom Riddleis an anti-social and highly territorial wizardwho loves his privacy and to visit his

chamber located under Hogwarts that houses his favorite pet basilisk. His life is interrupted afterHarry Potter enters the chamber and battles the basilisk.

Angered by Harry Potter outsmarting him again, Tom Riddle decides to regroup his Death Eaters and go after Harry Potter. He reluctantly allows untrustworthyWormtail, to tag along and help come up with a plan to get rid of Harry Potter and take over the wizarding world.

Riddle had stolen the Mirror of Erised from Mr. Filtch one day as he was sneaking through

the halls of Hogwarts. He tripped Filtch, grabbed the cart Filtch was pulling and had run away with it. The cart contained the Mirror that had just showed him that in order to become all powerful, he must retrieve his faithful Death Eaters from Azkaban. Riddle decides to first break out Bellatrix Lestrange who had been locked in Azkaban guarded by the Dementors.

Question 1: Analyze Riddle's liability for taking the mirror of Erised both at common law

and under modern statutes. (15 points)

Assume that when Riddle stole the mirror from Mr. Filtch that he pulled out his wand and threated to curse Filtch if he did not give him the mirror. Because Filtch is a squib, and has no magic, he had no way to defend himself and gave up the mirror.

Question 2: Analyze Riddle's liability for taking the mirror under these circumstances. Would it change anything? (10 points)

While Harry Potter was in the chamber of secrets fighting the basilisk, he overheard Riddle mention that Filtch was a squib. The next time that Filtch catches him out of bed at night, Harry casually says, "If you don't let me go, I will let the whole school know that "scary Filtch" is a squib."

Question 3: Analyze what could Harry be charged with? (10 points)

The story continues:

Riddle forces Draco Malfoy and Wormtail go to Azkaban and free Bellatrix. Draco and Wormtail travel to Azkaban and are attacked by a Dementor. In the course of the attack the Dementor actually incinerates Wormtail, thus killing him.

Question 4: Analyze (and discuss using the IRAC method) whether the Dementor has

committed criminal homicide against Wormtail under common law and under

modern statutes. (30 points)

On the way back to Riddle from Azkaban, Malfoy and Bellatrix decide to apparate (transport themselves from one place to another) and in the process, Malfoy, who has very little practice, gets splinched (part of his body is left behind when he transports from one place to another). Because of this, they are forced to stop and hideout in a muggle's (non-magic person) house. They see a house that looks empty but well and comfortably furnished, and Bellatrix uses Malfoys wand to unlock the door and walk straight in. Malfoy lays in the biggest bed he can find while Bellatrix rummages the cupboards and eats all the food, she can manage. Muggle food is at least better than Azkaban's.

Questions 5: Analyze what Bellatrix and Malfoy can be charged with? (10 points)

Sometime later, Bellatrix and Malfoy decide to leave the home. Malfoy decides he wants to try a new spell. He tells Bellatrix he is going to wipe their presence from the home and while waiving his wand, he yells, "Pestis Incendium!" Instead of cleaning their presence, the whole house is engulfed in flames and burns to the ground.

Question 6: Please analyze (using the IRAC method) whether Malfoy will be liable for arson? (15 points)

Extra Credit:

Harry Potter is in the middle of a quidditch (wizard game played on broomstick) match against Slytherin. While diving for the snitch, Draco Malfoy side swipes Harry, knocking him into a goal post and causing such a bad brain injury that Harry is put into a coma. What justification(s) can Malfoy claim if he is charged in criminal court? (5 points)