Assignment
Part 1: Duress
Johnny, the CEO of Plastic Spoon Inc., is in a bit of a bind. His daughter was kidnapped. The kidnappers are demanding a hefty ransom. Unfortunately for Johnny, he cannot afford the ransom. So, Johnny withdraws the ransom money from Plastic Spoon's account, and he pays the kidnappers. After returning with his daughter, the directors of the corporation notice the missing funds. The directors report the loss to the police. The directors suspect that Johnny misappropriated the funds, and they tell the police about their suspicions. The police search Johnny's home without a warrant. They find a letter Johnny was writing that confirms that Johnny took the money for the corporation to pay the kidnappers. The police arrest Johnny, and he is charged with theft. Johnny is charged with embezzlement.
The elements of embezzlement in this state are: The intentional taking of money or property by a CEO or other top official in a corporation without consent.
• Are the elements of embezzlement present in this fact pattern?
• What affirmative defenses can Johnny raise?
• Can Johnny get the letter seized by the police suppressed? Why?
The requirements below must be met for your paper to be accepted and graded:
• Write between 500 - 750 words (approximately 2 - 3 pages) using Microsoft Word.
• Attempt APA style, see example below.
• Use font size 12 and 1" margins.
• Include cover page and reference page.
• Use at least two references from outside the course material, preferably from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the two reference requirement.
Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must be identified in the paper and listed on a reference page. Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must come from sources such as, scholarly journals found in EBSCOhost, online newspapers such as The Wall Street Journal, government websites, etc. Sources such as Wikis, Yahoo Answers, eHow, etc. are not acceptable.
A detailed explanation of how to cite a source using APA.
Part 2: Negligence
Mark sued a bank for injuries. He was not paying attention as he entered the bank because he was looking at his phone. And he fell suffering $10,000 in injuries. Prior to the fall, the janitor had buffed the floor. The janitor had an IQ of 70. Normally, the janitor was closely supervised. However, today his manager was extremely tired, and the manager didn't notice that the janitor had carelessly used way too much floor wax that was extremely slippery. Is the bank liable for the janitor's negligence (be sure to go through all the elements.) Additionally, note that under the doctrine of respondeat superior the bank WILL be liable for any potential negligence of the janitor employee? What defenses will the bank assert? Assume that the jurisdiction does not recognize assumption of risk or contributory negligence. The jurisdiction does recognize the defense of comparative negligence.
The requirements below must be met for your paper to be accepted:
• Write between 500 - 750 words (approximately 2 - 3 pages) using Microsoft Word.
• Attempt APA style, see example below.
• Use font size 12 and 1" margins.
• Include cover page and reference page.
• Use at least two references from outside the course material, preferably from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the two reference requirement.
Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must be identified in the paper and listed on a reference page. Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must come from sources such as, scholarly journals found in EBSCOhost, online newspapers such as The Wall Street Journal, government websites, etc. Sources such as Wikis, Yahoo Answers, eHow, etc. are not acceptable.