Video instructions and help with filling out and completing Are Form 5495 Attorneys

Instructions and Help about Are Form 5495 Attorneys

Tell me Tommy why are you so sure there's a Santa Claus because my daddy told me so here say hey legal eagles it's time to think like a lawyer and it's time to save Santa Claus today we are covering the Christmas classic Miracle on 34th Street now I may be a jaded cynical lawyer but I love a good holiday movie especially one that involves lawyers saving the day because who else is going to save Santa Claus if not for the lawyers if you disagree with me be sure to comment in the form of an objection which are either sustain or overrule and I will pin the best comment that most thinks like a lawyer of course stay until the end when I give Miracle on 34th Street a grade for legal realism and we settle once and for all the question of whether there really is a Santa Claus or not so without further ado let's dig in to the original Miracle on 34th Street Music terrible Santa Claus Oh could be public intoxication big trouble she's a little confused and I thought maybe you could help to straightener I'd be glad to would you please tell her that you're not really Santa Claus but there actually is no such person oh no no no you misunderstand I want you to tell her the truth what's your name's Kris Kringle I'll bet you're in the first grade second I mean your real name that is my real name so there is a philosophical discussion here that this movie sort of skirts which is what does it actually mean to be someone what if your particular subjective belief about your own identity doesn't comport with what everybody else thinks is there such a thing as a Platonic ideal of someone's identity these are some heady philosophical questions that I'm not even going to try to answer but I think we should probably keep that in mind as we delve into a trial over one's own personal identity now I want you to stand with your feet together and your arms extended you know sometimes the cause of nervous habits like yours is not obvious no often they're the result of an insecurity are you happy at home mr. Sawyer that will be all mr. pickle the examination is over you may go I have to believe that having an on staff psychologist or therapist was pretty unusual in a department store even in the 1940s it seems kind of weird to have someone permanently on staff who does nothing but psychologically evaluate your employees you're probably doing something wrong creating a dangerous workplace if you have to have a psychologist on hand in your department store it seems a little weird I thank you your job here I understand is to give intelligence tests pressing yourself psychologist you ought to be horsewhipped taking a normal impressionable boy like Alfred and filling him up with complexes phobias think I'm better equipped to judge that than you are just because the boy wants to be good in kind to children you tell him he has a good compelling the same delusion you couldn't possibly understand the boy is definitely maladjusted and I'm not Justin you talk about managers seems to me that the patient is running the clinic I won't step leave this office immediately thurr you stop oh he might be trespassing at this point mr. Macy and tell him what a malicious contemptible from what you are get out before I have you thrown out there's only one way to handle a man like you you won't listen to reason your hotness you have no humanity are you going to leave yes oh boy I thought if you're naughty got a lump of coal in your stocking not bashed in the head with a cudgel I think Santa might be in some trouble here because he has committed a clear-cut case of battery battery is a simple tort that only has two elements number one you have to have intentional contact with a plaintiff's body and number two that intentional contact must produce some sort of injury but in New York where this movie takes place there are several different kinds of battery including aggravated battery so to figure out which particular variety of battery Kris Kringle has committed here we need to think like a lawyer New York has several different varieties of assault and battery the first of which is the least severe which is assault in the third degree or commonly called simple assault which is causing someone harm with the intent to do so it doesn't matter how severe the injury is so long as you have caused pain you have made physical contact with another person without consent that is a misdemeanor charge which is punishable by up to a year in jail now the next type of assault is assault in the second degree which generally you do by again making physical contact with someone but with the intent to do serious bodily harm and actually committing serious bodily harm causing serious bodily harm in the victim not surprisingly if you commit second-degree assault because it is so much more severe carries with it a much more severe penalty assault in the second degree is a class D felony and carries with it a mandatory jail sentence and then finally there is assault in the first degree which is the most severe form of assault which is committed with the intent to disfigure or amputate the victim here so it's a very very serious penalty that carries with it a mandatory multi year sentence so it is a big deal but let's put that aside for the moment and just focus on the simple assault and potential second-degree assault charges against Santa Claus Kris Kringle Kris Kringle got into a heated argument with the fake psychiatrist after basically yelling