Legal Research Assignment: Burglary, Military, and Family Law Problems

This document presents solutions to a legal research assignment, addressing various legal issues. The assignment requires research on burglary, including relevant statutes and case law within New York State, focusing on the elements of the crime and potential defenses. It also includes a military law problem concerning a service member's conscientious objector claim, requiring an understanding of military regulations and relevant case precedents. Lastly, the assignment covers family law topics, such as corporal punishment of a child and the cause of action for alienation of affection, requiring research into New York State statutes, relevant case law, and secondary sources. The document provides an overview of the legal principles applicable to each scenario, along with citations to relevant authorities.

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 provide
the 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 the
case 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.

Your attorney asks you to provide the relevant statutory and case law.
4. A client consults your office and relates the following information.
The client has been married for ten years. The client did not believe there were any problems in
the marriage. However, last week, the client’s spouse informed the client that the spouse was
leaving the client and marrying a close friend of the client. Apparently the client’s spouse and
the friend have been involved for more than one year. The client was informed of a cause of
action for “alienation of affection” or an action pursuant to the “heart balm” statute.
The attorney is unaware of this type of action. The attorney asks you to review the secondary
sources and provide an article regarding this possible cause of action. The attorney would like
you to focus on the law of your state. However, if there is not article from your state, you should
an article from one of the national publications.