Do you believe that these two standards are a proper “test” for the Court’s to use when determining if a rape occurred?

A thorough discussion of the use of force to accomplish the criminal act of rape may be found in Commonwealth v. Berkowitz, 641 A.2d 1161 (Pa. 1994).

Defendant was convicted of rape after being involved in an alleged acquaintance rape situation in a college dorm room. Defendant appealed his conviction. The appellate court reversed the defendant’s conviction and the Pennsylvania Supreme Court affirmed the reversal of defendant’s conviction. Jurisdictions require one of two standards in showing a use of force:

1. Force requiring some act in addition to the physical effort required to accomplish the sexual penetration; or

2. Simply that amount of effort required to accomplish the nonconsensual sexual penetration.

Defendant was convicted using the latter standard, but the appellate courts believed that the Pennsylvania statute required the former standard.

Please discuss the following:

1. Do you believe that these two standards are a proper “test” for the Court’s to use when determining if a rape occurred?

2. Do you agree with the Court in this case made the proper determination and why?

The case may be found at this link: scholar.google.com/scholar_case

500 Words
2 references.
NO intext citations.


 

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Should plaintiff be able to sue for punitive damages?

Question
Objectives
You will be placed in the position to influence and/or implement a Product Liability position paper which will have an impact on all relevant stakeholders in your entity and/or society. You will have to consider legal and practical factors in the implementation of your plan. Your plan will be in a written format to the BOD or CEO.

Instructions

In your leadership position to influence and create a viable Product Liability standard operating procedure your consideration should include, but may not be limited to, the following;

• Should a company be liable to consumer? If not, what do we do with the people injured by products?

• If one can Sue over a defective product, should there be a statute of limitation?

• Should plaintiff be able to sue for punitive damages?

• Should all persons be able to claim punitive damages once one person has been awarded punitive damages?

• Is the free market, i.e. leaving the regulation of products to the consumer and the courtroom, preferable to governmental regulation?

These are but a few of the issues you should consider. Your paper should be three (3) to four (4) pages long, 12 point Arial, with footnotes, and a complete Bibliography. It should be written with the same level of excellence you would use for a paper you would give to your employer, your supervisor, or anyone who can seriously affect your career or life.


 

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Explain the public’s right to know versus personal privacy.

Explain the public’s right to know versus personal privacy. What ethical questions emerge when considering organizational truth and public communication?


 

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Is climate change a real threat to the global economy? If so, what can realistically be done?

Consider the potential future of the energy economy on a global scale. Describe the future path of the economics of oil, gas and energy as you see it, by addressing the following points:

1. Is climate change a real threat to the global economy? If so, what can realistically be done?

2. Is “peak oil” a real threat to the global economy?

3. Can countries increase their “energy security”? If so, how?

4. Will developing economies be winners or losers in the new global energy economy?


 

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