ADMIN1360558887_Class_exercise_January_2 x
Physical Characteristics (First factor, threat presented)
– Each factor should get its own paragraph
The first factor to be considered is the relative physical characteristics of the attacker and the defendant. In People v. S.M., the defendant was attacked by four boys, all of whom were older, larger, and more athletic. In People v. Shipp, there was only one attacker, but he was much larger and stronger than the defendant, and had a long history of violence. In People v. Moore, the attacker was also larger than the defendant. Like the attackers in all of these cases, Matt Clark was much larger and more athletic than Tom Williams, the defendant. However, the physical difference in our case was less than in S.M. and Shipp, which are the two cases in which the defendant successfully used the self-defense claim.
Therefore, in our case, the physical difference was about the same as in most of the other self-defense cases.
Overall Structure of Paper
· Question Presented
· Short Answer
· Statement of Facts
· Discussion
· Overview Paragraph
· Threat Presented
· Thesis Paragraph
· Physical Characteristics
· S.M., Shipp, Moore
· Williams and how our case compares
· Weapon
· History of Violence
· Etc.
· Necessity of Using Deadly Force
· Thesis Paragraph
· factors
· Conclusion
ADMIN1360558887_Facts_of_the_Williams_Ca x
The Williams’ Case
Tom Williams has been charged with the murder of the alleged victim, Mark Clark who was his co-worker. Both of them were teachers at the same High School.
Tom shot and killed Clark following an argument. The incident happened after school at the Faculty’s parking lot at about 4.30pm on January 8, 2013. Students had left school and there were just a few cars left in the parking lot. However, there was a worker who was working about 10-20 meters away.
Williams and Clark have been co-workers for eight (8) years. Williams was getting ready to leave school and was headed towards the parking lot and he sees Clark there. Some years ago, Clark’s wife used to teach in the same school and Williams had dated her before she got married to Clark. At the lot, Williams joked about Clark’s wife liking him better than Clark and Clark got very angry. Williams immediately apologized but Clark was furious. Unknown to Williams, Clark’s wife had left him on December 25, 2012.
At some point, Clark rushed at Williams saying “I have had it with you” and he started to punch Williams and pinned him to the ground. Clark was bigger and more athletic than Williams. The worker named Al Brown tried to intervene and pulled Clark off William but Clark took out a knife and slashed Brown forcing him to pull off yelling “you are crazy” and he ran towards the school office. The cut was deep and required stitches.
Meanwhile, Williams had a gun in his car which he claimed wasn’t working properly and he was meant to take for repairs. Following all the threats from Clark, Williams wriggled away and was trying to hide behind the cars in the lot and then he remembered he had a gun in his car and grabbed same from the car. He waved the gun in the air and maintained about 10 meters distance from Clark with the car in between. He said to Clark “relax, everything is okay” but Clark kept saying “it’s all over” and he charged towards Williams with the knife and it was at this point Williams shot at him twice. At the time he shot the gun, they were about two (2) meters apart. He claimed he had no intention to shoot but was scared that Clark would cause him grievous bodily harm with the knife.
Brown never came back with help of any sort. However, a security guard, the police and an ambulance arrived about five (5) minutes later and saw Williams standing and looking confused over the shooting incident.
Williams later mentioned that he and Clark had never had violent encounters. They had only previously had two (2) or three (3) verbal arguments when Williams had also hitherto joked about Clark’s wife liking him more. He also mentioned that Clark had sometime been involved in fist fights and was once arrested but charges against him were dropped.
COF1BLAW3526_1 x
I would like to help me about my assignment with class “LEGAL WRITING SKILLS”.So, my Pro need to write ‘Memo’ for some case. the Memo means the summarize of case. You can see in the below the structure of the assignment, (I will send the fact of case after ur respond me)
Overall Structure of Paper
Question Presented
Short Answer
Statement of Facts
Discussion
o Overview Paragraph
o Threat Presented
§ Thesis Paragraph
§ Physical Characteristics
• S.M., Shipp, Moore
• Williams and how our case compares
§ Weapon
§ History of Violence
§ Etc.
o Necessity of Using Deadly Force
§ Thesis Paragraph
§ factors
Conclusion
Word limit : 13 Pages.
please make sure u have to comparing between Williams’s case with another case (S.M., Shipp, and Moore) in the discussion part,
COF1BLAW3526_Business_Law
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