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Instructions. With the exception of the last hypothetic
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Added on 2019-09-16
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Instructions With the exception of the last hypothetical, provide at least one relevant statute and case from New York State to answer the following situations. The relevant law should be highlighted in each document. Provide documentation that the case provided is still good law. You can providethe authority as an attachment to an email or as a PDF document. There is no need to draft a memorandum. A short, one or two sentence, answer can be provided in the email accompanying the authorities. The case reference should be accompanied by a pinpoint citation. All authority should come from New York state except for the military law issue.Ensure citations and pinpoint citations are in accordance with Bluebook 18th edition. (Quick Reference Guide provided).1. A client consults your supervising attorney. The client is charged with burglary. The client is accused of going into a house that was vacant and listed for sale to get out of a severe snowstorm. He entered through a rear door that was closed but left unlocked. While in the house he ate a bag of potato chips he found on a table.The attorney would like to know whether the client has committed the crime of burglary.2. You are a Legalman in a defense office. Commander Jones asks you to perform research in thecase of Petty Officer Smith.Petty Officer Second Class Smith is part of a SEAL team. Last year he converted to Islam. After his conversion, he was informed his team was going to deploy to Afghanistan. Petty Officer Smith did not want to participate in a war against Muslims. He sought religious guidance from his Imam. As a result of this counsel he informed his Lead Petty Officer that he could not deploy.His beliefs appear to be heart felt. He missed the scheduled movement and subsequently filed a conscientious objector package.His Commanding Officer has initiated a court-martial proceeding.Commander Jones would like you to provide relevant statutory and case law regarding Petty Officer Smith's situation.3. You are asked to attend a consultation with a new client. The client relates the following:The client has recently moved into your state. He is a single parent of a twelve year old boy.Recently, the child has begun to “act out.” He loves his child and desires to keep him from “getting off track.” In this effort, he believes he will have to spank the child. Corporal punishment by a parent is allowed in the state in which he previously lived. However, he has been told that it is not allowed in his new state. He would like to find out if he will be subject to criminal sanctions if he should spank his child.
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