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May 12, 2023

INSTRUCTIONS
Your answer should demonstrate your ability to analyze the facts in the question, to tell the difference between material facts and immaterial facts, and to discern the points of law and fact upon which the case turns. Your answer should show that you know and understand the pertinent principles and theories of law, their qualifications and limitations, and their relationships to each other. Your answer should evidence your ability to apply the law to the given facts and to reason in a logical, lawyer-like manner. Do not merely show that you remember legal principles. Instead, try to demonstrate your proficiency in using and applying them. If your answer contains only a statement of your conclusions, you will receive little credit. State fully the reasons that support your conclusions, and discuss all points thoroughly.
You should answer the questions according to legal theories and principles of general application.

 

QUESTION 1

Debbie and Jon met in college and dated each other for two years. Debbie loved Jon very much and wanted to marry him. Jon always told her that he loved only her, but he told her he thought they were too young and should not rush into marriage. One day as Debbie was putting gasoline into her car at the gasoline station, she looked into the car parked next to hers. She was enraged to see her best friend. Vickie passionately kissing Jon. Debbie walked over to the car, with the fuel dispenser in her hand, and started yelling at Vickie and Jon. Vickie said, “I’m sorry you had to find out this way. Jon and I love each other and are going to get married.” Debbie was enraged and shouted, “You’re not going to marry anyone, you slime!” She then pointed the gasoline dispenser at Vickie and sprayed her with gasoline, soaking her hair and clothes. Jon reached over to try to help Vickie. Unfortunately, he was smoking a cigarette. The cigarette ignited the gasoline and Vickie burned to death.

A. What offense or offenses has Debbie committed? Explain in detail: in other words, what offenses can the state charge Debbie with and why? Hint: The offenses are GIVEN below.

A. STATE v. DEBBIE

1. An assault is an act which causes an immediate apprehension of a harmful or offensive contact.

In this case, the state may argue that when Debbie pointed the gasoline dispenser at Vickie, while shouting at her, Vickie could have reasonably apprehended an unlawful and offensive contact, i.e., being sprayed with gasoline. Debbie has committed an assault.

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