Massachusetts Jury Instruction - 1.2.1 Race And Or Sex Discrimination Discharge - Failure To Promote Including - Same Decision Defense
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FAQ
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).
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 ...
All crimes have two key parts: the act by the alleged perpetrator (known as the "actus reus") and the perpetrator's state of mind when the crime was committed (known as the "mens rea"). Specific Intent refers to the perpetrator's state of mind at the time of the commission of the crime.
Massachusetts Courts: Criminl Intent. Mens rea is a legal phrase used to describe the mental state a person must be in while committing a crime for it to be intentional. It can refer to a general intent to break the law or a specific, premeditated plan to commit a particular offense.
If an employee makes a claim of disparate treatment against his employer, it means that he believes that his employer has discriminated against him based on his membership in a protected class (race, religion, gender, national origin, sexuality, disability or other ?difference?).
Specific intent crimes involve knowingly committing the criminal act as well as an intent to cause a particular result by committing the act.
In specific intent crimes, the prosecution must establish that the defendant not only engaged in the prohibited act (actus reus) but also harbored a particular mental state or purpose beyond the mere commission of the act.