History Essay

309 WordsApr 22, 20132 Pages
Robert Santana Dr. Garcia Take Home 22 March 2012 Midterm Handout (1)Consideration- something (such as an act, a forbearance or a return promise) bargained for and received by a promisor from a promise; that which motivates a person to do something, esp. to engage in legal act. Consideration, or a substitute such as promissory estoppel, is necessary for an agreement to be enforceable. 9th ed BLD Consideration (2009) (1)“A ‘consideration has been explained to be any act of the plaintiff from which the defendant, or a stranger, derives a benefit or advantage, or any labor, detriment, or inconvenience sustained by the plaintiff, however small the detriment or inconvenience may be, if such act is performed or inconvenience suffered by the plaintiff…”. Thomas E Holland, The Elements of Jurisprudence, 13th ed. 286 (1924) (2)The Unlawful Internet Gambling Enforcement Act2006: A parlay of Ambiguities and Uncertainties Surrounding the Laws of the Internet Gambling Industry, 7 Appalachia J.L. 305, 320 T (2008) A person can get off of murder if they were temporarily insane at the time of the crime. If a person has amnesia then there is no recollection of their state of mind at the time of the crime. Next the court must see if they can communicate with their lawyer, aid in their own defense, and understand the charges bought against them. The court needs to prove the person has reasoning capacity. Next no amnesia can not be used as a defense if you are aware at the time of your trail and do not need to be rehabilitated or can not prove insanity at the time of the crime. If the court allows you all these opportunities you have been afforded due process of law. U.S. ex rel. Parson V. Anderson 354 F Supp 1060 D.C. Del., 1972 November

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