Essay on Law 101

Submitted By aprilpent
Words: 383
Pages: 2

The issue is whether Heather committed a common-law burglary.
The first element is breaking. This means breakings is applying force, no matter how slight, to create or enlarge an opening. Here, Heather turned the doorknob and pushed open the door. Because closed doors do not generally open by themselves, Heather must have exerted energy and used muscles to turn the knob and push the door ajar. The door which was blocking her entrance was opened enough to allow her entrance into her mother’s home. Therefore, this element is met.
The next element is entering. This means the person, part of the person, or an extension of the person intrudes into the interior. Here, Heather walked inside her mother’s home. Because she was outside and is now inside, she must have entered. Therefore, the element is met.
The next element is Dwelling house. This means currently used for human habitation; however; no one needs to be physically present. Here, Heather’s mom currently lives in the house. Because Heather’s mom leaves Roxie her dog home all day, she must reside in this home. Therefore, the element is met.
The next element is Of another. This means the defendant is not the owner, the defendant does not have the right to possess the property; and the defendant does not have permission to enter. Here, this is Heather’s mother’s home not Heathers home. When Heather’s mom came home later, they went out to dinner. Since Heathers mom didn’t seem concerned with Heather being inside the…