Your client,in a fit rage and while carrying a frozen fish,hit someone with the fish,which killed the?

Question

individual.As a paralegal,you would want to consider all but one of the following in terms of helping your client.Which one would you not consider?

A-whether the fish be considered a ''deadly weapon''
B-if the act was premeditated
C-the age of your client
D-whether there was strict liability involved

Answer 1

D....

A - you'd consider that in either a civil or criminal complaint against your client because it is relevant to the harm caused to the decedent.

B - relevant to both civil or criminal to determine your client's state of mind, which is important in proving intent, etc.

C - relevant to an extent in both civil or criminal because there may not be liability if the client is below a certain age or the client may only face a lesser punishment as a minor, etc.

D - irrelevant because strict liability is unrelated to the action your client took. Strict liability generally only applies to ultrahazardous activities, product liability, and for lesser crimes, such as speeding, etc. It wouldn't apply for this battery / murder.

Answer 2

As a paralegal you may evaluate turning this subject over to an criminal expert, preferrably one that the court docket approves as your consumers public defender. yet for now... follow b) - if the act grew to become into premeditated. a) the fish grew to become right into a perilous weapon... and an extremely useful one. b) - does not in high-quality condition via fact your customer grew to become into in a in high-quality condition of rage... and consequently it grew to become into no longer premeditated. (you basically do no longer positioned your self into that temper given which you intend on killing somebody with a frozen fish). c) for what that's well worth.... age does matter d) he's to blame ok... the two in criminal and civil court docket P.S. next time positioned this in "regulation and criminal" the fish area does not generally take care of "deadly weapons of the frozen, fishy style".

Answer 3

D- Strict Liability. That is a matter for civil cases, it would not have a bearing on a criminal one.

Answer 4

D -- Strict liability is an issue in civil matters, not criminal.

Answer 5

C

Answer 6

C

Answer 7

b...... then d.......