Killing a Rival in a Dispute
Otis Olsen shoots and kills his business partner during an argument over company funds. The killing satisfies the element because the victim is a person other than Olsen himself.
Written by attorneys · grounded in primary & secondary sources — see below
A person or entity distinct from the defendant or actor. The phrase identifies the victim, owner, or possessor whose body, property, or legal interests are affected by the conduct.
Otis Olsen shoots and kills his business partner during an argument over company funds. The killing satisfies the element because the victim is a person other than Olsen himself.
State A sues citizens of another State in federal court over a contract dispute. The case falls within federal judicial power because it is between a State and citizens of another State.
A lawyer learns that a client is using the firm's services to defraud investors of substantial sums. The lawyer may reveal information to stop injury to the financial interests of those investors.
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An employee of Overland Transport holds herself out as authorized to sign contracts. A third party reasonably believes the employee speaks for the company and enters a binding agreement that affects the company's legal relations.
Odilia Okamura strikes Opal Okoro during a confrontation, causing a broken arm and lasting pain. The contact produces physical impairment to the condition of Opal's body.
Oakridge Manufacturing obtains an easement allowing trucks to drive across a strip of land owned by a neighboring farm. The easement gives a nonpossessory right to use land in the possession of the farm owner.
No. In burglary, an owner can still commit the offense against a dwelling occupied by tenants. The focus is on possession by someone other than the defendant rather than bare title.
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It requires that the property taken belong to a person other than the defendant. Taking one's own property cannot satisfy the element even if the taking is trespassory.
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Yes. The dwelling must be in the possession of someone other than the person who burns it. The rule protects inhabitants rather than bare ownership.
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Yes. It appears in agency, tort, property, and constitutional provisions to identify interests or persons distinct from the actor whose legal relations are affected.
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…and effective waiver required for any other statement. In Escobedo itself, the defendant fully intended his accusation of another as the slayer to be exculpatory as to himself. The principles announced today deal with the protection which must be given to the privilege against self-incrimination when the individual…