The court will decide if a defendant is entitled to a lesser included offense instruction and if it  determines it is necessary, it will do so during jury instructions.  What two things will the court consider when making this decision?

What will be an ideal response?


The court's determination of whether the defendant is entitled to a lesser included offense instruction is based on facts indicating that
1. the offense qualifies as a lesser included offense, and
2. there is a rational basis on which the jury could conclude the defendant was guilty of the lesser but not greater offense.

Legal Studies & Paralegal

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Fraud is best defined as 

A. the tortfeasor knowingly making false statements, or purposefully behaving, so as to deceive the victim.  B. the tortfeasor pretending to sell the victim one product when, in fact, he or she is selling another, lower-quality product.  C. the tortfeasor taking another person’s personal property and using it for the tortfeasor’s own benefit.  D. All of these choices. 

Legal Studies & Paralegal

The debtor in a ____ bankruptcy turns all assets over to a bankruptcy trustee.

A. Chapter 7 B. Chapter 9 C. Chapter 11 D. Chapter 12 E. ?Chapter 13

Legal Studies & Paralegal

"Title" to property indicates:

a. The name of the property. b. The kind of property it is. c. The party's ownership interest in the property. d. How the property is zoned.

Legal Studies & Paralegal

________ is information that has been created, manipulated, communicated, stored and utilized in digital form that requires the use of a computer hardware and software

Fill in the blank(s) with correct word

Legal Studies & Paralegal