Three elements intentional action resulting in contact that is harmful or offensive. So, you go through the list of factors, and you apply each one as heavily yes, mildly yes, heavily no, mildly no, and neutral. Then you add up all the yes 039 s and all the no 039 s and figure out which way the scale tips. The difference between factors and elements is that factors are not all or nothing. But you can have a lot of factors that are missing don 039 t apply and that doesn 039 t automatically make the rule fail.

Narrative Essay Embarrassing Moment

State the rule that you are going to apply that answers that question, and if necessary explain why that rule gets used. Then finally sum up whether the rule was met or failed, which is your conclusion. For example, take a case where one person dave, the defendant punches another vic, the victim. The question is whether one person punching another constitutes the common law crime of battery.

Cause And Effect Essay on Dropping Out of School

At common law, battery is defined as the intentional harmful or offensive touching of another. As will be shown, dave 039 s actions meet all elements of the crime of common law burglary. Battery is a general intent crime, meaning that the defendant only need intend to perform the action, not necessarily to achieve the specific results. The facts show that dave was aware that he was punching at the time, and aware that vic was within arm 039 s reach.

International Library of Essays In Law And Legal Theory

The fact that vic suffered physical injury also meets the harmful or offensive element, since a physical injury constitutes harm. Because dave acted intentionally, and because his actions resulted in contact/touching that was harmful to vic, dave would be found guilty of common law battery. We started with the premise or question, stated the rule, analyzed each element using the facts from the question, and then summarized those findings to support our conclusion. As far as the other common practice for legal writing, it 039 s called the triplet rule. The first two parts stating the issue and the broad general rule are your introduction. Then you do the analysis, which is where you actually make your argument based on the elements or factors and the facts. Source s: graduated jd in 2006, waiting on bar results coragryph 9 years ago noah is hands down the best writing teacher i have had.

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