Massachusetts Jury Instruction - Counterfeiting
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FAQ
In Massachusetts a person who has suffered emotional harm as a result of the negligence of another may be able to recover damages under the theory of negligent infliction of emotional distress. Usually the claim is made in addition to other related claims.
Mens rea refers to criminal intent. The literal translation from Latin is "guilty mind." The plural of mens rea is mentes reae. Mens rea? is the state of mind statutorily required in order to convict a particular defendant of a particular crime.
(a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and ...
Under Massachusetts law, a plaintiff may recover for unjust enrichment upon a showing that 1) she conferred a benefit upon the defendant, 2) the defendant accepted that benefit and 3) the defendant's retention of the benefit would be inequitable without payment for its value.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
Individuals cannot be charged with attempt for accidentally committing a crime. Rather, a prosecutor must show that the defendant specifically intended to commit the crime that he attempted, and he simply fell short. Attempt is therefore categorized as a ?specific intent? crime.
A specific intent crime is a criminal act that is carried out with the intent to achieve an additional result. Burglary is a classic example of a specific intent crime. Burglary is the act of entering a structure with the intent of committing a theft or any felony.
In Massachusetts, punishment for counterfeiting goods are as follows: 100 or fewer items, total retail value is $1000 or less - imprisonment of not more 2.5 years. More 100 but less than 1000 items, total retail value of more than $1000 but less than $10000, second offense - imprisonment of not more than 5 years.
To recover upon a claim of intentional infliction of emotional distress, a plaintiff must prove that: (1) the defendant intended to inflict emotional distress or knew or should have known that emotional distress would likely result from his conduct; (2) the defendant's conduct was extreme and outrageous, was beyond all ...
In California, it is generally presumed that the defendant intended to perform an act which he or she has done. However, for crimes that require specific intent, that intent must be proven beyond a reasonable doubt.