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Week one assignment

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Levi Downing

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Michael Cutchen
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BUSI 2001: BUSINESS LAW

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5/30/2019
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Week one assignment

According to the Gill encyclopedia of American law, it describes a felony as “A serious

crime, characterized under federal law and many state statutes as any offense punishable by

death or imprisonment in excess of one year” (Felony 406). Some crimes that explained what a

felony is would be murder, which is the taking of any human life without any valid excuse or a

just reason why, such as self-defense. For example, someone is road raging and gets out of the

car and shoots and kills another motorist that is an example of murder. Another example would

be robbery; robbery is the taking of property from an individual by force or threatening them

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with force. An example of robbery would be two armed men Enter a financial institution and

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demand $100,000 from the establishment, or they will kill everyone, that is a form of a robbery.

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A 3rd example of a felony would be rape; Rape is the penetration of the mouth, anus, or vagina
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with any object or sex organ without consent. A simple example of rape would be to have sexual

intercourse with a drugged or incapacitated person.

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According to the Gill encyclopedia of American law, it describes a misdemeanor as

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“Offenses lower than felonies and generally those punishable by fine, penalty, FORFEITURE, or

imprisonment other than in a penitentiary” (Misdemeanor 92). A few basic examples of

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misdemeanors would be petty theft, trespassing, and vandalism. An excellent example of petty

theft would be going into a store and taking something off the premises without paying for it
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(shoplifting). A good example of trespassing is going on to anybody's land or property without

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the permission of the owner. A basic example of vandalism is something that is seen all of the

time, and that is graffiti.

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The short and simple answer is yes in Dewhurst and Miller can bring a civil action

against Jason Chapman for all the damages he caused to their property. The more accurate

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answer would be it depends on the state and the jurisdiction that it occurred In. in a legal journal

by Andrei-Viorel IUGAN it says “Article 1357 para. (1) Civil Code stipulates that one that

causes harm to another by an unlawful act committed with guilt is obliged to repair it” (IUGAN,

2017). Therefore, when a wrongful act is committed, it is not just a civil problem but also a crime

Allowing the victim to seek compensation for damages done by the criminal act (IUGAN, 2017)

— knowing that it is both a criminal in a civil crime that means that Chapman will more than

likely have civil in criminal charges brought up against him.

The state can take action in this case; They most likely will take action through the

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general jurisdiction courts. The general jurisdiction court addresses Cases that involve

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Individuals seeking compensation from automobile accidents and injuries ("The Relationship

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between State and Federal Court Systems in the United States | Business and the Legal
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Environment", 2019).

These courts also persecute those accused of more serious crimes such as murder or car
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theft. The primary function the law serves, in this case, would be maintaining order and
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establishing standards. Since this is both a criminal and a civil case, it would be maintaining

order because it clearly falls under establishing standards, not protecting liberties and rights Or
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resolving disputes.

Maintaining law also falls under law enforcement to ensure that society stays in order. A
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good example of established standards would be someone attacks another person and causes
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physical injury, that would be considered assault which under established standards carries

certain penalties that can be both criminal and civil.

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References

"Felony." Gale Encyclopedia of American Law, edited by Donna Batten, 3rd ed., vol. 4,

Gale, 2010, p. 406. Gale Virtual Reference Library,

http://link.galegroup.com.ezp.waldenulibrary.org/apps/doc/CX1337701782/GVRL?

u=minn4020&sid=GVRL&xid=c6a07e67. Accessed 31 May 2019.

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"Misdemeanor." Gale Encyclopedia of American Law, edited by Donna Batten, 3rd ed.,

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vol. 7, Gale, 2010, p. 92. Gale Virtual Reference Library,

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http://link.galegroup.com.ezp.waldenulibrary.org/apps/doc/CX1337702926/GVRL?
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u=minn4020&sid=GVRL&xid=dcbd70bd. Accessed 31 May 2019
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IUGAN, A. (2017). CIVIL ACTION SETTLEMENT IN CRIMINAL PROCEEDINGS

THE DANGER RELATED CRIMES. Retrieved from

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https://doaj.org/article/4dc5aaf9d68d4226ae220a84270aff98

The Relationship between State and Federal Court Systems in the United States |
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Business and the Legal Environment. (2019). Retrieved from

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https://courses.lumenlearning.com/buslegalenv/chapter/3-1-the-relationship-between-state-and-

federal-court-systems-in-the-united-states/
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