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18. If the court finds both the clerk and the store owner guilty, what standard of liability must the court have interpreted the statute to impose?
Both the clerk and the store owner have been charged with violating the state statute.
A woman who was 20 years old, but who looked older and who had a very convincing fake driver's license indicating that she was 24, entered a convenience store, picked up a six-pack of beer, and placed the beer on the counter. The store clerk, after examining the driver's license, rang up the purchase.
A state statute provides: «The sale of an alcoholic beverage to any person under the age of 21 is a misdemeanor.»
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A is incorrect. The court must have applied strict liability to convict the clerk (who did not act knowingly, and arguably not even negligently), but must have applied vicarious liability to convict the store owner for the sale by the clerk.
B is incorrect. The court must have applied vicarious liability to convict the store owner for the sale by the clerk, but must have applied strict liability to convict the clerk (who did not act knowingly, and arguably not even negligently).
D is incorrect. The court must have applied strict liability to convict the clerk (who did not act knowingly, and arguably not even negligently) and vicarious liability to convict the store owner for the sale by the clerk.