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Recently Asked Legal Writing Questions

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Q1: Administrative Law and Regulatory Policy Assignment: Select any Federal government administrative or regulatory agency. It can be a cabinet level department (i.e. Department of Justice) or an independent agency (i.e. Securities Exchange Commission). If you select a cabinet level Department, I recommend selecting a smaller agency or bureau within the department (i.e. the Federal Bureau of Investigations within the Department of Justice). Write a paper examining the authorities, history, structure, and functions of this agency. The body of the paper should be 5-7 pages long and should cover the following topics and/or consider the following concepts: Structure, size, and function of the agency: • . • What is the agency? Is it independent or cabinet Department? Is it part of a larger agency or Department? If so, which one? How big is the agency and what sort of employees does it have? Give a general description of its intended function and area of administration or regulation. Who runs the agency? Is it a single person or a board? How are those people elected or appointed? How long is there term. Authority and History • • What statute established the agency or was it contained in the Constitution? In what year was it established? • Are there subsequent laws that have given it additional responsibilities and authorities? What is the historical context of the statutes that established and/or granted powers to the agency? Was there a historical event or trend that gave rise to the agency? Describe why the agency was created. Describe the Agency Functions in Detail What does the agency actually do? • Does it have regulatory/rule making power? What do those rules cover? • Does it administer services? What are they? • Does the agency have an adjudicative powers? What sort of disputes does it adjudicate and what is the process for adjudication (Is there a separate body? Is the process formal or informal?) Legal Challenges or Political Controversies • Has there been significant court cases regarding the powers or limits of this agency? If so, give a brief description of the case. Has the agency been at the center of - or involved in - a political controversy? For example, has it been targeted by politicians or have its policies been publicly protested? Any other important facts/functions/features history of the agency Not every agency will have a lot of information for each one of these bullet points and some bullets may not apply. If there is not information or it does not apply, simply state something like "Agency XXX has not been subject to any significant Supreme Court decisions." Conversely, some agencies will have many, many answers to certain bullets. You do not need to address every single one. Address one or two of the most important relevant answers and acknowledge that others exist. For example, "Agency XXX is also granted additional regulatory powers by additional statutes not listed here." Specifics and Format: Length: 5-7 pages body (not including title page and reference page) Formatting: 12-point Calibri or Times New Roman; 1-inch margins; Double-spaced; Use Bluebook citation format for reference and case. Must add reference where from take information. Submit in word or .doc form.See Answer
Q2:/n HEINONLINE DATE DOWNLOADED: Fri Mar 3 13:41:55 2023 SOURCE: Content Downloaded from HeinOnline Citations: Bluebook 21st ed. Larry O. Natt II Gantt, Charles H. Oates & Samuel Pyeatt Menefee, Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues, 19 REGENT U. L. REV. 1 (2006). ALWD 7th ed. Larry O. Natt II Gantt, Charles H. Oates & Samuel Pyeatt Menefee, Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues, 19 Regent U. L. Rev. 1 (2006). APA 7th ed. Gantt, L., Oates, C. H., & Menefee, S. (2006). Professional responsibility and the christian attorney: comparing the aba model rules of professional conduct and biblical virtues. Regent University Law Review, 19(1), 1-94. Chicago 17th ed. Larry O. Natt II Gantt; Charles H. Oates; Samuel Pyeatt Menefee, "Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues," Regent University Law Review 19, no. 1 (2006-2007): 1-94 McGill Guide 9th ed. Larry O. Natt II Gantt, Charles H. Oates & Samuel Pyeatt Menefee, "Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues" (2006) 19:1 Regent U L Rev 1. AGLC 4th ed. Larry O. Natt II Gantt, Charles H. Oates and Samuel Pyeatt Menefee, 'Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues' (2006) 19(1) Regent University Law Review 1 MLA 9th ed. Gantt, Larry O. Natt II, et al. "Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues." Regent University Law Review, vol. 19, no. 1, 2006-2007, pp. 1-94. HeinOnline. OSCOLA 4th ed. Larry O. Natt II Gantt, Charles H. Oates & Samuel Pyeatt Menefee, 'Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues' (2006) 19 Regent U L Rev 1 -- -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at https://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. REGENT UNIVERSITY LAW REVIEW Volume 19 2006-2007 Number 1 PROFESSIONAL RESPONSIBILITY AND THE CHRISTIAN ATTORNEY: COMPARING THE ABA MODEL RULES OF PROFESSIONAL CONDUCT AND BIBLICAL VIRTUES Larry O. Natt Gantt, II,* Charles H. Oates,** and Samuel Pyeatt Menefee*** I. INTRODUCTION II. CLIENT-LAWYER RELATIONSHIP. 3 6 Larry O. Natt Gantt, II is Associate Professor and Director of Academic Success at Regent University School of Law, where he teaches courses in Professional Responsibility. He is a graduate of Duke University (A.B. 1991), Harvard (J.D. 1994), and Gordon-Conwell Theological Seminary (M. Div. 2000). Gantt is author of Integration as Integrity: Postmodernism, Psychology, and Religion on the Role of Moral Counseling in the Attorney-Client Relationship, 16 REGENT U. L. REV. 233 (2003-2004), and More Than Lawyers: The Legal and Ethical Implications of Counseling Clients on Nonlegal Considerations, 18 GEO. J. LEGAL ETHICS 365 (2005). Professor Gantt would like to thank Andrew Ashby and Mike Parsons for their valuable assistance in researching and editing this article. ** Charles Harmon Oates is Professor of Law and Director of the Law Library at Regent University School of Law, where he teaches courses in Professional Responsibility. He is a graduate of the University of Florida (B.A. 1963), Stetson University (J.D. 1967), and Catholic University of America (MLS 1997). Oates is co-author (with Marie Summerlin Hamm) of A New Twist for an Olde Code: Examining Virginia's New Rules of Professional Conduct, 13 REGENT U. L. REV. 651 (2000-2001), and author of A New Twist for an Olde Code: Examining Virginia's New Rules of Professional Conduct Part II, 14 REGENT U. L. REV. 97 (2001-2002). Professor Oates would like to express special thanks to graduate assistants Deborah Dolenti, Krista DeLeon, Oswaldo Estrada, Elizabeth Richter, and Monique Miles for their valuable research and organizational assistance. *** Samuel Pyeatt Menefee is Senior Associate, Center for National Security Law and Maury Fellow, Center for Oceans Law and Policy, University of Virginia School of Law and formerly taught Professional Responsibility as a Professor at Regent University School of Law. He is a graduate of Yale University (B.A. 1972), Oxford (Dip. Soc. Anth. and B.Litt., 1973 and 1975), Harvard (J.D. 1981), Virginia (LL.M. and S.J.D., 1982 and 1993), and Cambridge (M. Phil, 1995). Menefee is co-author (with J. Nelson Happy) of Genesis!: Scriptural Citation and the Lawyer's Bible Project, 9 REGENT U. L. REV. 89 (1997), and “In the Beginning Was the Word": Planning for a Lawyer's Bible Project, 2 FOUNDATIONS, no. 1, at 4 (Fall 1999). 2 REGENT UNIVERSITY LAW REVIEW [Vol. 19:1 A. RULE 1.1: COMPETENCE RULE 1.3: DILIGENCE ... B. RULE 1.2: SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER.. C. RULE 1.4: COMMUNICATION D. RULE 1.5: FEES E. RULE 1.6: CONFIDENTIALITY OF INFORMATION . F. RULE 1.7: CONFLICT OF INTEREST: CURRENT CLIENTS RULE 1.8: CONFLICT OF INTEREST: CURRENT CLIENTS: SPECIFIC RULES RULE 1.9: DUTIES TO FORMER CLIENTS.. 6 .9 13 15 18 .21 G. RULE 1.10: IMPUTATION OF CONFLICTS OF INTEREST: GENERAL RULE ………………………. 27 H. RULE 1.11: SPECIAL CONFLICTS OF INTEREST FOR FORMER AND CURRENT GOVERNMENT OFFICERS AND EMPLOYERS RULE 1.12: FORMER JUDGE, ARBITRATOR, MEDIATOR OR OTHER THIRD-PARTY NEUTRAL RULE 1.18: DUTIES TO PROSPECTIVE CLIENT... I. RULE 1.13: ORGANIZATION AS CLIENT J. RULE 1.14: CLIENT WITH DIMINISHED CAPACITY. K. RULE 1.15: SAFEKEEPING PROPERTY....... L. RULE 1.16: DECLINING OR TERMINATING REPRESENTATION. M. RULE 1.17: SALE OF LAW PRACTICE.. II. COUNSELOR A. RULE 2.1: ADVISOR... B. RULE 2.3: EVALUATION FOR USE BY THIRD PERSONS... C. RULE 2.4: LAWYER SERVING AS THIRD-PARTY NEUTRAL.. III. ADVOCATE ... A. RULE 3.1: MERITORIOUS CLAIMS AND CONTENTIONS. B. RULE 3.2: EXPEDITING LITIGATION C. RULE 3.3: CANDOR TOWARD THE TRIBUNAL D. RULE 3.4: FAIRNESS TO OPPOSING PARTY AND COUNSEL. ...32 .34 .35 ..36 37 39 .40 .40 .41 42 43 43 46 .47 50 E. RULE 3.5: ÎMPARTIALITY AND DECORUM OF THE TRIBUNAL........... 51 F. RULE 3.6: TRIAL PUBLICITY…..... 53 G. RULE 3.7: LAWYER AS WITNESS. 54 H. RULE 3.8: SPECIAL RESPONSIBILITIES OF A PROSECUTOR ......... 55 I. RULE 3.9: ADVOCATE IN NONADJUDICATIVE PROCEEDINGS IV. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS…. .57 57 A. RULE 4.1: TRUTHFULNESS IN STATEMENTS TO OTHERS B. RULE 4.2: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL.... C. RULE 4.3: DEALING WITH UNREPRESENTED PERSON D. RULE 4.4: RESPECT FOR RIGHTS OF THIRD PERSONS V. LAW FIRMS AND ASSOCIATIONS.... .57 61 .62 .63 64 2006] COMPARING THE ABA MODEL RULES A. RULE 5.1: RESPONSIBILITIES OF PARTNERS, MANAGERS, AND SUPERVISORY LAWYERS RULE 5.3: RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS.... B. RULE 5.2: RESPONSIBILITIES OF A SUBORDINATE LAWYER. C. RULE 5.4: PROFESSIONAL INDEPENDENCE OF A LAWYER RULE 5.7: RESPONSIBILITIES REGARDING LAW-RELATED SERVICES D. RULE 5.5: UNAUTHORIZED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW... E. RULE 5.6: RESTRICTIONS ON RIGHT TO PRACTICE VI. PUBLIC SERVICE A. RULE 6.1: VOLUNTARY PRO BONO PUBLICO SERVICE….. B. RULE 6.2: ACCEPTING APPOINTMENTS... 3 .64 ...... 66 .69 71 .72 .72 .75 C. RULE 6.3: MEMBERSHIP IN LEGAL SERVICES ORGANIZATIONS RULE 6.4: LAW REFORM ACTIVITIES AFFECTING CLIENT INTERESTS RULE 6.5: NONPROFIT AND COURT-ANNEXED LIMITED LEGAL SERVICES PROGRAMS VII, INFORMATION ABOUT LEGAL SERVICES .78 .80 A. RULE 7.1: COMMUNICATION CONCERNING A LAWYER'S SERVICES RULE 7.2: ADVERTISING RULE 7.3: DIRECT CONTACT WITH PROSPECTIVE CLIENTS RULE 7.4: COMMUNICATION OF FIELDS OF PRACTICE AND SPECIALIZATION RULE 7.5: FIRM NAMES AND LETTERHEADS ....... 80 B. RULE 7.6: POLITICAL CONTRIBUTIONS TO OBTAIN LEGAL ENGAGEMENTS OR APPOINTMENTS BY JUDGES .83 VIII. MAINTAINING THE INTEGRITY OF THE PROFESSION. A. RULE 8.1: BAR ADMISSION AND DISCIPLINARY MATTERS. B. RULE 8.2: JUDICIAL AND LEGAL OFFICIALS .84 .84 .85 C. RULE 8.3: REPORTING PROFESSIONAL MISCONDUCT.. D. RULE 8.4: MISCONDUCT ...86 .89 E. RULE 8.5: DISCIPLINARY AUTHORITY; CHOICE OF LAW IX. CONCLUSION….. .91 .92 I. INTRODUCTION The purpose of this article is to consider some correlations between the ABA Model Rules of Professional Conduct (the "Model Rules" or “Rules”) and Holy Scripture.¹ Just as Christians are exhorted to pattern 1 While this topic has not been discussed extensively in this article, the connection between Scripture and legal ethics has long been recognized. "When legal scholar David Hoffman published the United States' first course on legal ethics over 160 4 REGENT UNIVERSITY LAW REVIEW [Vol. 19:1 their conduct directly on Jesus' life and teachings, and more generally on the moral guidance of the Old and New Testaments, so attorneys must conform their actions to rules of professional responsibility. These rules vary from state to state, but their best general embodiment is in the ABA Model Rules, adopted by the American Bar Association's House of Delegates on August 2, 1983, and subsequently amended.2 The Preamble to the Rules notes: Many of a lawyer's professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession's ideals of public service.³ While the ABA, for whatever reason, has eschewed making reference to an attorney's religious beliefs, it is clear that these are closely intertwined with the phrase "personal conscience." The Preamble goes on to note: In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system and to the lawyer's own interest in remaining an ethical person while earning a satisfactory living. The Rules of Professional Conduct often prescribe terms for resolving such conflicts. Within the framework of these Rules, however, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules.4 These "basic principles" are nowhere defined or listed, but most Christian attorneys will have no trouble in identifying them with truths in the Bible.5 years ago, his reading list began with the book of Proverbs from the Old Testament." Larry O. Natt Gantt, II, Discovering the Biblical Principles in the Model Rules of Professional Conduct 1 (Aug. 2004) (unpublished discussion paper at the 2004 Summer Program in Christian Jurisprudence, Regent University School of Law) (on file with author) (citing Gordon J. Beggs, Proverbial Practice: Legal Ethics from Old Testament Wisdom, 30 WAKE FOREST L. REV. 831, 831-32 (1995)). Prof. Oates co-led this discussion with Prof. Gantt in 2004 and, for several years prior to that time, had been working on confirming this connection. 2 3 See THOMAS D. MORGAN & RONALD D. ROTUNDA, 2006 SELECTED STANDARDS ON PROFESSIONAL RESPONSIBILITY 1 (2006) (describing the history of the Model Rules). MODEL RULES OF PROFL CONDUCT pmbl. para. 7 (2003) (emphasis added); see also id. R. 2.1 (allowing attorneys to counsel clients on nonlegal, including moral, considerations). 4 5 Id. pmbl. para. 8 (2003). Jewish practitioners will find the following discussion of use insofar as it relates to the books of the Torah. Muslims may find it less relevant, while Hindus, Jains, and many other religious adherents can at least appreciate the textual procedures hereinSee Answer
Q3:Fall 2023 FINAL EXAM: TAKE-HOME PORTION Instructions: The take-home portion of the exam. The remainder of the questions will be provided to you during the sitting for the final examination. Specific instructions on how to submit the exam appear on the last page. You must submit the exam using MS Word (i.e. a file with .doc or .rtf.) You are an associate at the law firm of Engle, Paterno, O'Brien & Franklin. Please prepare a draft letter in response to the following letter received by counsel for a vendor who sells to your firm's client, Kulal Fruit Company. Your draft response should respond to the letter's claim that your client is in breach of contract. Do NOT discuss possible remedies. A few writing tips: Be sure to proofread and copy edit. Pretend you are editing someone else's writing because your English-language skills are superior to theirs. Use Word to make sure that words are not misspelled. Use topic sentences effectively: the first sentence of every paragraph should say what you intend to say in that paragraph. Avoid the passive voice ("the court decided" not "it was decided"). Do not include unnecessary facts or legal analysis (do not be tricked by facts that are inserted in the problem but not relevant to your answer) Try to finish the paper no later than Sunday night 3 December, so you can get a good night's sleep and do a final edit of the paper on Monday morning. There is no rigid word limit. I shall read any essay that has less than 575 words with extra care to find issues you have missed, and I shall read any essay that is longer than 900 words with extra care to find ways in which your writing could be more concise.See Answer
Q4:Instructions Write a claim letter that takes the direct approach in stating the action you want taken and documents the problem. Add any information you feel is necessary. Organize your message into an opening, body, and closing following standard claim letter conventions. 1. Opening: take the direct approach by stating in a single sentence exactly what you want the recipient to do; include only necessary details. 2. Body: in a proper three-part paragraph, summarize (i.e., selectively paraphrase) the details given in the Scenario description on p. 1 above to justify your claim and use a bulleted list to document the purchased items. 3. Closing: in a couple of sentences, reiterate your request along with a deadline for compliance and confirmation, as well as end pleasantly to keep the door open for future business with the supplier. 4. End with a closing salutation,See Answer
Q5:It is a Closed Legal Memo Assignment. Do in 6-7 pages, single spaced. Citations using Bluebook. All the files to be used for research are attached. Judges' instructions for Closed Legal Memo are provided as well.See Answer
Q6:In the textbook on pages 195-199, an imaginary panel discussion takes place on the Exclusionary Rule. Please review the discussion and indicate whose position(s), i.e., Average Urban Citizen, Prosecutor, Public Defender, etc., you agree with and why. If you do not agree with any of the positions, discuss why.See Answer
Q7:Complete the table below by filling in the three blank columns for each law. Briefly describe the law. Law Red Flags Rule Payment Card Industry Standards Children's Online Privacy Protection Act (COPPA) Children's Internet Protection Act (CIPA) Federal Information Security Management Act (FISMA) Southern New Hampshire University CYB 260 Module Three Worksheet State Data Breach Notification Laws U.S. Constitution Whose rights are covered by the law? Who in an organization is responsible for ensuring compliance with the law?See Answer
Q8:Preparation By this week, you should have a grant selected as a potential funding source for the criminal justice initiative that you selected for this course's grant proposal. Download and review the Grant Components Guide. This guide has been customized to reflect your summative assessment outline components and will help you get a better idea of how to organize your outline so that you can focus on the content required for the grant. Identify the components of the grant proposal that would be required for its submission to the selected funding organization. At a minimum, you should include the components required in the Wk 5 Summative Assessment: Grant Proposal. Locate the answers to the questions in each section of the guide to prepare to write an outline of the information about the grant. Assessment Deliverable Compile information about the components of the grant that you selected in an 875- to 1,400-word outline as if you were a grant writer seeking approval from your agency's Chief to write a grant proposal. Include the following in your outline in complete sentences: Briefly describe the criminal justice initiative that you selected in Week 1 as your focus for the grant proposal you are writing throughout this course. Identify the funding source you selected in Week 1 and provide a link to the grant. Write a 175-to 350-word needs statement for the grant. Describe the following in your statement of need: What is the current situation and one of the main concerns about the problem? Who is affected by the problem? Who would benefit from this grant? How does the initiative support the funder's goals? What will be the positive outcome of the project if the grant is issued to your agency? Are there potential challenges to the successful completion of this project? Why should the funder make this project a priority and take urgent action? Explain the key information for each grant component listed in the Grant Components Guide. In your explanation, include answers to the questions in the guide. You may input your content into the Grant Components Guide to help you organize your ideas and information, hut do not submit the completed quide Create a conante nullineSee Answer
Q9:Assignment -Research Paper: Homeland Security Partnership Engagement Assignment: Traditional and non-traditional partnerships have become the norm in the private and public sectors. Intelligence is only as good as its sources, and sources are only as good as their access. Discuss the value of DHS in working with high-valued partnerships and the risk of poorly aligned partnerships. Include: Describe how collaboration and strategic partnerships are fundamental to benefiting homeland security such as information access, improved collection, innovative technology, greater regional and cultural knowledge, etc. Support with real-world examples. Discuss the risks such as security, insider threats, inequities in exchange, loss of operational control, legal implications, etc. Make recommendations on improving and expanding partnerships that can lead to bigger and more innovative opportunities.See Answer
Q10: 2. Sam was illegally growing marijuana in his home using heat lamps. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, and determined that given the amount of emissions coming from Sam's house, he must be engaged in criminal marijuana cultivation. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to stay silent and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's court-appointed lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing. 2a. Identify any issues involving the actions of the police and judge. How should these issues be addressed by Sam's lawyer and how should they be resolved by a court? (25 points) 2b. What if Sam did not own the home that he was living in, and in fact, the home had beenabandoned before Sam broke in and established his growing operation? In what way, if any,does this change your answer to 2a? (10 points)See Answer
Q11: 1. Yuna, suffered a personal injury while operating her tractor at home in California. She filed a negligence suit in federal court against the manufacturer, Jack Doe Tractor, Inc. Jack Doe Tractor is incorporated in Delaware with its principal place of business in Illinois. Yuna also sued the seller, Cali Equipment Inc, which is incorporated in California with its principal place of business in California. Yuna and Cali Equipment informally agreed to settle out of court, but the agreement was subject to approval by Cali Equipment's insurer. Before a final agreement was reached regarding settlement with Cali Equipment, Jack Doe filed a motion in federal court for dismissal for lack of subject matter jurisdiction. 1a. Should the court grant the motion for dismissal? (25 points) 1b. If Cali settles with Yuna, and Yuna dismisses the case against Cali before the court decides on the motion. Should the court grant the motion? (10 points)See Answer
Q12:germ/87711 BRAN 1 pont Following cases ilke Rv. Bree (2007) EWCA Crim 256 and Rv Kamki (2013) EWCA Crin 2335.can give consent to sexual intercourse where Vis voluntarily Intocated but not unconscious? 2100 O Always-a drunken consent is consent every time. Yes-but a drunken consent is only coment where D and Varg friends or partners Yes - but a drunken consent is only consent where V retained capacity to choose to consent, including any reduced inhibitions; and this will depend on factors like the extent of V's intoxication and degree of consciousness, along with the effect of this on V's knowledge and understanding of the act. Na-a drunken consent is never consent Yes - but a drunken consent is only consent where Vs inhibitions were merely lowered, such that voluntary intoxication made it easier for V to content. Previous NextSee Answer
Q13:2 Following R v. Dowds [2012] EWCA Crim 281, what counts as a 'recognised medical condition' (RMC) under diminished responsibility? Anything counts as an RMC provided one medical expert gives evidence as to this in a diminished responsibility case. 23 O Anything that is contained in the World Health Organization's International Classification of Diseases (ICD-11) or the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders. but not the American Psychiatric Association's Diagnostic O Anything that is contained in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, but not the World Health Organization's international Classification of Diseases (ICD-11). Anything that is contained in the World Health Organization's International Classification of Disease and Statistical Manual of Mental Disorders. Presence on the World Health Organization's International Classification of Diseases (ICD-11) or the American Psychiatric Association's Diagnostic & Statisti Manual of Mental Disorder is a necessary, but not always sufficient, requirement to raise the issue of diminished responsibility-although if a condition is not yet contained in either of these two glossaries it may still count as an RMC In a diminished responsibility case if a body of medical opinion gives evidence in urt that it should be an RMC Previous NextSee Answer
Q14:16 What is the difference, If any, between the offences of assault and battery. Battery requires D to have made some physical contact with V; whereas assault requires Dto have caused more than transient or trifling harmo Assault requires to have made some physical contact with V: whereas battery requires D to have caused more than transient or trifling harm to V. Battery requires to have made some physical contact with V, whereas assault merely requires D to have caused V to apprehend such contact. There is no difference: the labels are interchangeable and mean the same thing Assault requires to have made some physical contact with V. whereas battery merely requires to have caused V to apprehend such contact 00000 PreviousSee Answer
Q15:The reasonable belief in consent test in the mens rea of rape allows the jury to take into account: No circumstances of Dand no steps taken to ascertain content. 00000 point Previous 50 D'sage, sexual experience, learning disability, or any other character defect (including mental disorder), along with anysteps taken by D to ascertain whether V consented. D's age and only, along with any steps taken by D to ascertain whether consented. Any circumstances or beliefs of D along with any steps taken by D to ascertain whether Vconsented. O's age, sexual experience or learning disability, along with any steps taken by D to ascertain whether V consented. NextSee Answer
Q16:13 What is the test for factual causation? But for Disconduct, the prohibited result would not have occurred in the way that it did Dis responsible for the crime. But for D's conduct the prohibited result might not have occurred in the way that it did. O completed use crime. But for D's conduct, the prohibited result probably would not have happened. 00000 Previous NASee Answer
Q17:Constructive manslaughter is a constructive ablility offence. Upon what, though. Is D'silability for this offence constructed? The fact that Dkilled with an intention to cause serious injury, but with no awareness as to caning serious injury The fact that Dkilled with an intention to cause serious injury in the awareness that there was a serious risk of causing death. The fact that Dilled with the intention to cause injury, or fear, or risk of injury. In the awareness that there was a serious risk of catoling death. The fact that caused death through a criminal act intended to cause injury, or in the awareness of a serious risk that injury may be caused. The fact that caused death through a criminal act which was dangerous. 100000 Previous NSee Answer
Q18:11 1 point Which of the following is the best description of the decision in Rv. Brown [1994] 1 AC 2127 00000 It is not for the criminal law to regulate the conduct of individuals in private. Homosexuality is wrong Branding a person's buttocks, at their request, is not an offence against the person It is not in the public interest that a person should wound or cause actual bodily harm to another for no good reason, Sexual gratification is against the criminal Law. PreviousSee Answer
Q19:10 1 point Part of the actus reus of s. 47 Offences Against the Person Act 1861 does not correspond with its mens rea. Which part? Causing a battery. Causing grievous bodily harm Cauting an assault. All the options listed. Causing actual bodily harm. 00000 Previous PSee Answer
Q20:MA gnment/87711 H 5 Which statement accurately describes the current legal test for recklessness? The test is a hybrid subjective/objective test. It asks whether D foresaw a risk of the forbidden circumstance/result, went on to take that risk and that risk was an objectively unreasonable risk to take. The test is a purely subjective test. It asks whether D foresaw the risk, went on to take that risk, and whether O honestly considered the risk an appropriate one to take. The test asks whether D foresaw a highly probable risk of the forbidden result/circumstance and nonetheless went onto take it. 000 0 2 The test is purely objective. It asks whether the risk would have been obvious to the reasonable person and whether either D gave no thought to the risk or recognised the possibility of the risk but nonetheless went on to take it. The test is a hybrid subjective/objective test. It asks whether the reasonable person would have foreseen the risk and whether D decided, nonetheless, take it Previous Next 1See Answer

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