Former Supreme Court Justice Potter

¶ … former Supreme Court Justice Potter Stewart, while defining criminally punishable obscenity. Yet the first amendment of the constitution states that, 'Congress shall make no law abridging the freedom of speech' (Personal Responsibility and Work Opportunity Act of 1996, 912, 42 U.S. Code 710; see Not in Front of the Children, pp. 145-48), giving broad meaning to obscenity.

In 1957, the American Supreme Court confronted an issue with reference to obscenity. In Roth v. United States, Justice William Brennan remarked that, 'even though sex is a great and mysterious motive force in human life, and a subject of absorbing interest to mankind through the ages, sexual materials that have a predominantly prurient appeal to the average adult, and that utterly lack redeeming social importance, are not protected by the First Amendment'.

Brennan's 'utterly without redeeming social importance', was referenced by the American courts, and its application was sought. After Roth's decision, Henry Miller's Tropic of Cancer and DH Lawrence's unexpurgated Lady Chatterley's Lover were withdrawn from official censorship.

Obscenity has been interpreted and defined occasionally, and its legal significance is out relevance. According to U.S. Supreme Court, Obscenity was defined in Miller v. California in 1973 as,

The term of legal significance is "obscenity," which, after many years of struggle and cases, defined by the U.S. Supreme Court in Miller v. California in 1973. It is a three-part definition, as follows,

Whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest, Kois v. Wisconsin, supra, at 230, quoting Roth v. United States, supra, at 489;

Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value."

QUESTION # 2

False Pretense is common crime law; the law crime was applied to handle such crimes where the criminal can not be implicated under definition of larceny. False Pretense is a deception offense. The deception offense includes adoption of treacherous means to obtain or achieve,

Personal property of another

Making intentional false statement of past or existing fact

Intention to defraud the other

The law declares any false representation of present or past fact which the culprit knows is false, and which the culprit intends to apply or use for causing harm to the victim to pass title of his property. The acquisition of title from a victim by fraud or misrepresentation of documented present or past fact is false pretense.

The misrepresentation of the facts and figures is confirmatory. If the fact is not revealed, the application of the law with reference to false pretense is not valid, unless there is a fiduciary duty between the thief and victim. The Court has restricted itself within the domain of representation of present and past fact, the future facts are ignored because of their unpredictable nature.

During the trail, the prosecution is liable to produce sufficient evidence against the culprit, and it has to be proven that misrepresentation was false, but that the thief knew of the falsity. The opinions and puffing are not included in false pretense. False Pretense also includes the shift of title. In the case of larceny by trick, the culprit deceives to deprive the owner of possession, not title. Therefore false pretense is taken much different from larceny by trick, and the implication is taken separately.

False Pretense is basically treated as an act of Theft. The act of false pretense is applied to the defendant, who obtained any chattel, money or valuable security from any other person with intent to defraud.

QUESTION # 3

The act of trespass is legal offence with an intention to spy, rob or cause damage. Trespass is going beyond the limit of what is considered right or moral. The act of entering other's land or property, without the permission or right. The encroachment of property is considered as an act of trespass. According to U.S. law, an illegal act done forcefully against another's person rights, or property. The law supports and encourages the adoption of strict measures against trespass, performed with intentions to cause damage to the property.

The act of trespass has different interpretation. One interpretation is with reference to entering secret or restricted area with the intentions of trying to seek that what is going inside. The civil laws discourage such intentions and practices, because such act of trespass violates the privacy of the prosecutor.