Nobody downloaded yet

Legal Case Study - Research Paper Example

Comments (0) Cite this document
[Lambert v. State] [Your Name] [Institutional Affiliation] Lambert v. State 1. What is the government’s point of view? The prosecution represents the state as a whole and as such it is also the view point of the government. 2. What is the prosecutors point of view?…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.7% of users find it useful
Legal Case Study
Read TextPreview

Extract of sample "Legal Case Study"

Download file to see previous pages The prosecution stated regarding one year statute of limitation and requirement of affirmative proof argument of the defense that sec.939.74 shall apply for criminal proceedings and that enough corroborative evidence was established by the testimony of the defrauded women. The argument that the brief failed to allege the elements of the crime and that the trial court did not have subject matter was also refuted by the prosecution on the basis of the argument that failure to provide information about the crime does not make the information void as per Schleiss v. State. As regards the restriction on cross examination, the prosecution proved that the exclusion of the witness from being cross-examined was absolutely correct. As regards to sufficiency of evidence the prosecution stated in its answer to the argument of the defense that Lambert’s promises could not have been fraudulent as the women to whom he promised to marry were already married that the question in a criminal fraud action is whether the victim relied on the offender, which in this case the victim did and as such Lambert is liable. 3. What is the element of crime? The element of the crime in the present case is theft by fraud contrary to sec. 943.20 (1)(d),(3)(b), and (3)(c), Stats. 1 by the plaintiff on record of the present case. The offence of theft by fraud arises from a relationship of Lambert and a different woman, during which Lambert obtained money from each woman on the basis of a promise to marry her. The same offence was committed with six different women and an additional woman serially during the period of August 1971 to May 1974. What is the issue inference, actus reus, mens rea, presumptuous? The issue inference was whether the action was barred by ch.248, whether the trial court had subject-matter jurisdiction, whether proper offences were properly joined, whether restricting cross-examination of complaining witnesses was an abuse of the trial court, whether evidence was sufficient to support the verdict guilty and whether the sentencing of 24 was an abuse of power (Lambert v. State). The mens rea or wrongful intention in the present case was to have a wrongful gain through a promise to marry. The actus reus or the wrongful act itself in the present case was to take the money by creating deception, which amounted to fraud, and never giving it back to the women he took it from. 4. What is the previous law? The previous law on the same issue was that if there was breach of contract through refusal to marry, a cause of action to file a suit for the same arises. But the same was abolished by secs. 248.01, 248.02, Stats. 3. 5. What is the current law? The present law on the same issue is that civil suits for the recovery of the property which is taken on the strength of a fraudulent promise to marry can be initiated under sec. 248.06,4. The relief in the form of suit for damages for emotional harm caused by the breach of promise to marry isn’t available. But this doesn’t take away the remedy to file a suit for criminal fraud or civil fraud, when property was taken away from the victim. 6. What is your opinion? The Supreme Court of Wisconsin was correct in its decision. Lambert did commit the crime of theft by fraud, when he promised to marry them and used this promise to have unlawful gain in terms of money from the innocent women. This makes him liable to be punished according to law. Moreover, he committed the same crime consequently ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Legal Case Study Research Paper Example | Topics and Well Written Essays - 1000 words”, n.d.)
Legal Case Study Research Paper Example | Topics and Well Written Essays - 1000 words. Retrieved from
(Legal Case Study Research Paper Example | Topics and Well Written Essays - 1000 Words)
Legal Case Study Research Paper Example | Topics and Well Written Essays - 1000 Words.
“Legal Case Study Research Paper Example | Topics and Well Written Essays - 1000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Legal Scenarios

...? Legal Scenarios By 6, June Glenn’s of action depends on whether he is an independent contractor or an employee. Whether one is an employee or an independent contractor is a question of fact and not of law. The courts have established several tests over time to distinguish an employee from an independent contractor. In Abdalla, Abraham v. Viewdaze Pty Ltd (2003)122 IR 215, the court adopted a totality approach, also called the multi factor test. In this test, the court must consider the totality of the relationship between the firm and the worker. A court must weigh the various ‘indicia’ established. Parties to a contract of employment cannot alter the nature of the contract by simply putting a label on it. In this...
3 Pages(750 words)Case Study

Legal Advice

...Legal Advice for the Woodland Wanderers Football Club Word Count: 2,500 The Woodland Wanderers Football Club have had a very good few years progressing up the football leagues to their current position in the top tier of national football known as Division One. Their success has been helped by substantial financial contributions from Harvey Carpets Ltd and their Managing Director Mr Harvey. Mr Harvey is also the Chairman of the Board of Directors of the Football Club. The authorities have let it be known that the Football Club stadium is not suitable for teams in Division One and that there is a risk of expulsion if suitable facilities are not provided within a three year period. Harvey Carpets Ltd has agreed to...
6 Pages(1500 words)Case Study

Law and Legal Obligations

...Introduction to Law and Legal Obligations Introduction: This paper is meant for introducing and discussing legal obligations and learning about the drafting and language involved in the acts and laws. The discussion and debates result in drafting and framing of an act. Different options, defences and offences will be recorded in it to enable the executive to take action according to it. The definitions and explanations of the various topics in the act will make the law reasonable and reliable to execute. The drafted law will be kept in the parliament for debate. This debate will expose various vulnerabilities and defects in the law and the administration will correct it according to the response of the people's representatives... of the...
8 Pages(2000 words)Case Study

Legal Studies well as victimization and discrimination in the course of employment under section 4 (1) (d) and section 6 (2) (b) of the SDA. By an analysis of the representations and the arguments presented by the counsels and the detailed judgments delivered by the learned judges both the cases have changed the course of legal wisdom, especially in the case of Jones v Tower Boot the decision of the Court of Appeal has given an altogether different approach to the definition of the term 'course of employment' and had given the freedom to the courts and tribunals to have their independence in deciding the cases. 2. Theory of Precedence: 3. Neutral Citations: 4.: In the case of Jones v Tower Boot Co. Ltd the appeal was made in the...
12 Pages(3000 words)Case Study

Legal Skills

...Legal Skills R. v Shivpuri is a significant case in English Legal System. In this case, the House of Lords overruled within twelve months its own earlier decision in Anderton v Ryan. Anderton v Ryan on the Criminal Attempts Act 1981, D was held to be not guilty of attempting to commit a drugs offence. Professor Williams Glanville Williams has influenced the House of Lords with his works. He argued that those who lack the requisite mens rea but cause actual 'social damage' should not be punished. Order#: 150351 Topic: LEGAL SKILLS Deadline: 2007-01-23 16:22 Style: APA Language Style: English UK Answer: 1) The fact of R. v Shivpuri 1 was that customs officials arrested the...
12 Pages(3000 words)Case Study

Legal unit2

...Legal unit 2 The unemployment benefits statute was enacted by the legislature under the Bill numbered 1280 in the Legislative House. The statutory is mandatory owing to its usage of the term “shall”. This means that there is only one interpretation of the law, and as such, only two categories of individuals are included any interpretation is strictly guided by the terms stipulated in the statute. According to the statute, a person in New Mexico is ineligible for unemployment benefits if it is established under sufficient evident that they left their employment voluntarily without coercion and without proper cause, if they displayed improper conduct violating employment etiquette, or in the event that such unemployed...
1 Pages(250 words)Case Study

Legal unit3

...Legal Unit 3 Introduction This essay will brief on three cases by following the FIRAC briefing method. FIRAC is an acronym representing five step process used to determine violation of law in legal learning (Guether, 2006, sec 1.1). Each letter represents one step and the order in which the briefing should be performed. To begin with the first step is the facts of the case; secondly, the law issue arising from the facts which is the question for the court to decide, thirdly, the rule to be applied. Fourthly is the application of the rule to the facts by identifying an element law issue and compared to the satisfaction of the issue of law gets satisfied (Turner 2004, p. 28). Lastly, the conclusion of the...
1 Pages(250 words)Case Study

Legal Brief

...Legal Brief A case between Craig E. Kleffman and Vonage holding was held on June 21, at the supreme court of California. This case was cited as Kleffman V. Vonage Holdings Corp., 232 P. 3d 625, where 232 represent the volume, 3d represent the third series and 625 represents the page number. In the case, Craig E. Kleffman was the plaintiff while Vonage holding corp., was the defendant. This case is a litigation civil case under section 17529.5, section (a) (2) of the company and Professions Code which states that, it is against the law to advertise via commercial emails, also known as spam, whose content are untrue, misrepresented, or copied header information. The verdict in this case, is to determine whether it is...
2 Pages(500 words)Case Study

Legal Aspects of Nursing

...Legal aspects of nursing Availability of sufficient evidence to form a basis for suspension of the nurse from her duties. The institution had enough proof to suspend the indicted nurse. The facility was within their legal right to suspend the nurse on the basis of the discrepancies between the records on the automated medicine cabinet and the handwritten medication administration record. The nurse herself admitted to frequently making records long after the medication had already been administered and hence making her records prone to error (Butts & Rich, 2008). It is of paramount importance that a nurse should keep accurate records of all narcotics dispensation, dosage as well as the patients’ response...
4 Pages(1000 words)Case Study

Legal Framework in Employment the business and as such she is very aware of the material business secrets, which can have a detrimental impact on Stella Diamond if the restrictive clause was, disallowed (Meermann, 2014). In Faccenda Chicken Ltd. v. Fowler [1987] IRLR 69 the defendant was an employee of the claimant, serving as the sales manager of the firm selling chickens. His contract of employment was terminated and he then established his own firm selling similar products from refrigerated trucks. He took half of the ten van salesmen of his former employer, their controller, two other office staff and majority of his former employer’s customers. As such, his actions seemed legal because none of the employer’s staffs had restrictive terms in...
9 Pages(2250 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Legal Case Study for FREE!

Contact Us