Facts The defendant ordered child pornography in February of 1984 At the time

Facts the defendant ordered child pornography in

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Facts: The defendant ordered child pornography in February of 1984. At the time of the order, the transaction was legal and the defendant claims he was unaware that the material depicted minors. Government agents received the defendant’s name as a potential target for mailings that would eventually lead to the defendant’s purchase of additional child pornography. The mailings came over a period of at least twenty six months, and they included questionnaires and literature advocating the legalization of the child pornography. Eventually, the defendant purchased material because, he argue, they piqued his interest over time.
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Issue: Whether the government proved beyond a reasonable doubt that the defendant was predisposed to the crime before they solicited him with the mailings? Held: The government did not meet their burden because there was no proof, other than the then legal purchase of pornographic materials by the defendant that would indicate a predisposition to commit a crime. The Supreme Court of the United States (“Supreme Court”) reasoned that conduct that was legal at the time could not be used to prove the predisposition. Further, the time it took the government (twenty six months) to get a purchase from the defendant demonstrated that, but for the constant mailings from the government, the defendant would not have made the illegal purchases. The defendant was not found with any other illegal materials. State v. Joy Pg.182-187 Otis Engineering Corp. v. Clark {company/employer liability} Matheson, employee of Otis, was drunk on the job. His boss asked him to leave and escorted him to the parking lot. Matheson drove home and got into a wreck, killing the wives of Larry and Clifford Clark. The Clarks sued for wrongful death, but were dismissed because Matheson wasn't acting within the scope of his job. Court of appeals reversed. Generally, one person is under no duty to control the conduct of another even if he has the practical ability to do so. Yet, certain relationships do impose, as a matter of law, certain duties upon parties. When, because of an employee's incapacity, an employer exercises control over the employee, the employer has a duty to take such action to prevent the employee from causing an unreasonable risk of harm to others. Remanded. Brown v. P.C.O.M {negligence, foreseeability, proximity} PCOM said that Brown's baby had been born with syphilis and contracted it from Mrs. Brown. It was then revealed that Mr. Brown had been cheating. The baby was then found to not have had syphilis, but the couple had become abusive and distrustful of one another. They sued PCOM for negligence. Brown lost due to it being not foreseeable or proximate. Smith v. Gross (just establishes that securities are broad. I.e. worms) Brief Fact Summary: Gerald and Mary Smith, (Appellants), brought suit against Gross, Gaddie, and two corporate defendants, (Appellees), for violation of the federal securities laws. Appellants appeal the district court decision to dismiss the
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