1. During the morning rush hour, David Green threw bottles and plates from a twe
ID: 390164 • Letter: 1
Question
1. During the morning rush hour, David Green threw bottles and plates from a twenty-sixth- floor hotel balcony overlooking Seventh Avenue in New York City. A video of the incident also showed him doing cartwheels while holding a beer bottle and sprinting toward the balcony while holding a glass steadily in his hand. When he saw police on the street below and on the roof of the building across the street, he suspended his antics but resumed tossing objects off the balcony after the police left. He later admitted that he could recall what he had done, but claimed to have been intoxicated and said his only purpose was to amuse himself and his friends. Did Green have the mental state required to establish criminal liability? Discuss.
2. Nuclear power plants use low-enriched uranium (LEU) as a fuel. LEU consists of feed uranium enriched by energy to a certain assay—the percentage of the isotope necessary for a nuclear reaction. The amount of energy required is described by an industry standard as a “separative work unit” (SWU). A nuclear utility may buy LEU from an enricher, or the utility may provide an enricher with feed uranium and pay for the SWUs necessary to produce LEU. Under an SWU contract, the LEU returned to the utility may not be exactly the uranium the utility provided. This is because feed uranium is fungible and trades like a commodity (such as wheat or corn), and profitable enrichment requires the constant processing of undifferentiated stock. Foreign enrichers, including Eurodif, S.A., allegedly exported LEU to the United States and sold it for “less than fair value.” Did this constitute dumping? Explain. If so, what could be done to prevent it?
Explanation / Answer
Answer 1:- To be convicted of a crime – the performance of a prohibited act needs to done. Furthermore, every criminal statute prohibits certain behavior. Most crimes require an act of commission – that is, a person must do something in order to be accused of a crime. A wrongful mental state, or men's rea, also is typically required to establish criminal liability. The required mental state, or intent, is indicated in the applicable statute or law. Murder, for example, involves the guilty act of killing another human being, and the guilty mental state is the desire, or intent, to take another's life. For theft, the guilty act is the taking of another person's property. The mental state involves both the awareness that the property belongs to another and the desire to deprive the owner of it.
Answer 2:- Yes, this would constitute to dumping. Dumping is where a foreign nation sells a product for less than the fair market value in the United States. Fair market value is determined by how much the foreign nation sells the product for in its home country and compares it to the price abroad. In this problem, it is clearly asserted that the product is sold for less than fair market value and would be considered dumping
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