Question

In: Accounting

1.Smitty and Bubba were out on the town and noticed a man harassing a lady for...

1.Smitty and Bubba were out on the town and noticed a man harassing a lady for a kiss. When they approach him, he retreats. Not satisfied, Smitty pulls out a gun and shoots the stranger. Can Smitty use defense of others as a defense against this intentional tort?

a)No, deadly force cannot be used in a situation where imminent danger did not exist.

b)Yes, the man should not have tried to kiss the girl and Smitty's actions were justified.

c)No, one cannot defend legally another person using deadly force, only him or herself.

d)Yes, Smitty can use deadly force if he believed that that man's actions were reason enough to kill him.

2)In order for a crime to be committed there must be these two things must simultaneously co-exist,______ and _________

3)Stewart is the top manager at,the Milkybay, Inc. factory. He sets strict ethical standards for all employees. Stewart, however, often takes some of the company’s best milkybays and sells them from his house. The ethical tone at Milkybay, Inc. is

a)

not likely to be good because although Stewart sets strict ethical standards for the other employees, he does not follow them.

not related to either Stewart’s ethical standards or his own unethical behavior.

not likely to be good because employees tend to resent strict ethical standards.

likely to be good because Stewart has set such strict standards for his employees.

Solutions

Expert Solution

1.

In the U.S., the general decide is that "[a] individual is advantaged to utilize such power as sensibly seems important to guard him or herself against an obvious risk of unlawful and quick viciousness from another."[2] In cases including non-savage power, this implies the individual should sensibly trust that their utilization of power was important to counteract up and coming, unlawful physical harm.[3] When the utilization of destructive power is engaged with a self-preservation guarantee, the individual should likewise sensibly trust that their utilization of dangerous power is instantly important to keep the other's punishment of incredible substantial mischief or death.[4] Most expresses never again require a man to withdraw before utilizing fatal power. In the minority of locales which do require withdraw, there is no commitment to withdraw when it is risky to do as such or when one is inside one's very own home.

Based on the above discussion, it is clear that option a. is the correct option.

2.

As per US criminal law, the two things which are to exist simultaneously are actus reus or in other words guilty act and mens rea i.e. guilty mind.

3.

Ethical standards set in an organization is to be followed by all employees regardless of their hierarchy. In the given case, regardless of setting strict standards, if a manager doesn't follow them, then the other employees will follow the footsteps of their manager.

Hence option a. is correct.


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