1.Bernard Flinn operated a business known as Harvey Investment Co., Inc./High Risk Loans.

Flinn worked as a loan broker, matching those who came to him with lenders willing to loan

them money given the amount and credit history. From 1982 through 1985, Flinn found loans for

five people. Indiana requires that persons engaged in the business of brokering loans obtain a

license from the state. Flinn was prosecuted for brokering loans without having a license. He

raised the defense that he did not know that a license was required and that, accordingly, he

lacked the criminal intent to broker loans without having a license. Does Flinn have a good

defense? [Flinn v. Indiana, 563 N.E.2d 536 (Ind.)]

Being ignorant about the law does not give anyone a right to break the law. Bernard could get

away with any crime just by claiming he is ignorant about it. However, Finn’s business idea had

no physical harm or noticeable implication to anyone. In his right mind, he couldn’t tell that he

was operating outside any law. He was simply oblivious of a code stating he should be licensed

to broker loans. Finn stands a chance of defending himself since in this situation, he ought to

have understood the law in order to act according to the law (Olson, 2018).

3.Baker and others entered a Wal-Mart store shortly after 3:00 A.M. by cutting through the metal

door with an acetylene torch. They had moved some of the merchandise in the store to the rear

door, but the police arrived before the merchandise could be taken from the store. Baker was

prosecuted for larceny. He raised the defense that he was not guilty of larceny; there had not

been any taking of merchandise because it had never left the store. Is there enough intent and

action for a crime? [Tennessee v. Baker, 751 S.W.2d 154 (Tenn. App.)]

Baker’s conviction is justified according to me. There is enough intent and action. Baker is guilty

of trespassing in the store and moving the merchandise that doesn’t belong to him. He did not

rightfully access the store instead chose to vandalize the property by using an acetylene torch.
Baker hasn’t put forth his reasons for entering the store illegally and moving property. It can be

concluded that his intention for moving the merchandise before being apprehended was to steal.

The goods could have been moved outside the store if the police didn’t show up.

4.Gail drove her automobile after having had dinner and several drinks. She fell asleep at the

wheel and ran over and killed a pedestrian. Prosecuted for manslaughter, she raised the defense

that she did not intend to hurt anyone and because of the drinks did not know what she was

doing. Was this a valid defense

Gail’s defense doesn’t hold in any court. She admits having been driving under the influence of

the drinks she took. The law is very clear about driving while under influence. She only

complicates her defense by admitting she had impaired judgement and did not know what she

was doing. Gail voluntarily took the drinks and went ahead to drive knowing clearly, she was

under influence. That act is the one that led to the death of a pedestrian. This overrules her

defense of not having bad intentions. She shouldn’t have taken the driver’s seat when she knew

she was intoxicated (Rapson, 1975).

10. Jennings operated a courier service to collect and deliver money. The contract with his

customers allowed him a day or so to deliver the money that had been collected. Instead of

holding collections until delivered, Jennings made short-term investments with the money. He

always made deliveries to the customers on time, but because he kept the profit from the

investments for himself, Jennings was prosecuted for embezzlement. Was he guilty? [New York

v. Jennings, 504 N.E.2d 1079 (N.Y.)]

The jury’s decision of guilty is justified. He benefitted off his customers by using their money

without them being aware. He only operated a courier service that entails delivering money to his
clients not investing the same money. He was not given the fiduciary mandate by his clients.

The fact that he delivered the money on time doesn’t justify the reason he had to profit off his

client’s money without their consent. In any case, He was not licensed to invest the money on

behalf of his clients. He was therefore fraudulently profiting by tricking his clients.

1.List the steps in a lawsuit. Begin with the filing of the complaint and explain the points at

which there can be a final determination of the parties’ rights in the case

Step 1 – Filing a complaint by the plaintiff.

Step 2 – Notice to the defendant through summons. The defendant can choose to respond with a

motion to dismiss the case, countersuing the plaintiff or by denying the allegations.

Step 3 – the discovery step. Here Evidence is sought from both sides. Both sides look for

witnesses to present. If there aren’t any disputes, the judge will give a verdict on a motion for

summary judgement.

Step 4 – The jury trial. The jury or a bench will hear the trial. Here, both parties will be given a

chance to present their evidence and witnesses.

Step 5 – The judge will give a verdict if it is a bench trial or direct a jury on how to determine the

verdict. This is only if there is no misconduct in the trial. The losing party can then go ahead and

appeal the verdict if they are not satisfied by the ruling.

Steps 1,2 and 3 are classified as the initial stage. Steps 4 and 5 are classified as the trial stage.

2 Distinguish between mandatory and voluntary arbitration

Arbitration can be in two forms. These forms of arbitration are classified in the way the

arbitration process is initiated. It can either be voluntary or mandatory. Voluntary arbitration as

the name suggests begins when the disputing parties voluntarily or willingly submit a case to an

arbitration board for determination. Mandatory arbitration on the other hand is when a court

procedure, a statute or a recognized legal arm of government orders the disputing parties to

submit their case to an arbitration board for settlement. Mandatory arbitration is considered

mostly due to the controversial nature of the dispute (George, 2000)

3.What is the difference between mediation and arbitration

Arbitration Mediation

An arbitrator has been given the power to A mediator lacks the powers to make a ruling.

make the final ruling that is binding Both parties come to an agreement about the

ruling.

An arbitrator acts as a judge by listening to A mediator helps to bring an understanding

both parties’ arguments and then makes a between the parties so they can dialogue and

ruling come to an understanding

Here, the parties present their evidence and There is no oath. Parties just express their

testify under oath feelings.

The final decision is based on facts and The final decision is based on the agreed upon

evidence provided needs of both parties.

5.Jerry Lewinsky was called for jury duty. When voir dire began, jerry realized that the case

involved his supervisor at work. Can Jerry remain as a juror on the case? Why or why not.

Jerry will not be a juror on the case. Bias is implied because Jerry knows a party in the case. His

relationship with his supervisor is likely to create a predisposition towards either his supervisor

or the other party. There is no justification that Jerry will apply the law impartially for him to be

part of the case. He therefore has to excuse himself if he is not stroked out otherwise there will

be a jury misconduct. This might result in an appeal by either party if the ruling is made.

8.Esmeralda sued Adolphus. She lost the lawsuit because the judge made a wrong decision.

What can Esmeralda do now? Explain her options.

If Emerald feels the judgement if wrong or is biased, she has the option of appealing the verdict

to a higher court that determines whether the trial court made the correct judgement. The appeal

court will review the trial for any errors or details that have been misunderstood or missed. The

appellate court will try to justify how the error affected the ruling. The appellate court will then

go ahead to correct the error or send the case back for retrial taking into consideration the

appellate court’s recommendations.

9.Indicate whether the following courts are courts of original, general, limited, or appellate

jurisdiction:

 Small claims court – These are courts of Original and limited jurisdiction. Here, legal

claims that fall below a set threshold are adjudicated.

 Federal bankruptcy court – These are Original and limited jurisdiction courts that deal

with bankruptcy matters.

  Federal district court – These are original and general jurisdiction; this are trial courts

with the most federal law cases.

 U.S supreme court – These court falls in the Original, general, and appellate jurisdiction.

It is the highest court in the federal judiciary of the United States.

 Municipal court - These are original and general jurisdiction courts that handle local

cases.

 Probate court – These are original and limited jurisdiction courts. These courts handle

cases that involve property of the deceased

 Federal court of appeal – These court has an Appellate jurisdiction. It also has a limited

jurisdiction in federal circuit cases.

References

George, B. C. (2000). Mandatory and Voluntary Arbitration of Workplace Disputes: A

Comparative Analysis of US & UK Systems.

Olson, E. (2018, July 16th). Ignorance of the law as a defense. Retrieved from Olson Defense

PLLC: https://www.mncrimdefense.com/ignorance-of-the-law

Rapson, W. R. (1975). Criminal Prosecutions Under the Colorado Securities Act.