Essays on Defendant

1. Identify each cause of action that is pursued and the plaintiff and defendant to the lawsuit The general procedure of the case will involve investigating the concepts of the case and applying the legal scholarship to the facts that are demonstrated. The specified facts that will allow the families in the case to bring a case against the hospital include a major lack of consideration regarding the potential hazards that were made evident in the report filed by the Joint Commission. The failure of the hospital to develop solutions to these problems resulted in various medical issues This ...

The various legal procedures which are associated with today’s criminal trials have developed over the centuries. The state and the federal government should follow a uniform set of procedures. This criminal justice process will vary from one state to another. Also the federal criminal justice has its rules, the procedures and also the terms describing the stages of the proceedings. Delays can be there from one stage to the other. When these cases go quickly, the process can accurately be described as the assembly line. The trial comes after the arrest and it is an amazing process. A ...

(Professor/Instructor) (Course/Major)

Source: Law Office of Shawn M. George <http://www.smgapc.com/practice-areas/california-three-strikes-law/ Every generation in the United States has seen new tactics designed to continue the oppression of racial minorities, abjuring the rights the Founding Fathers deemed necessary and irrevocable for all people in the nation. Many African Americans were denied their right to participate in the growth of the new nation. Centuries later, the United States is still far from being called a true “egalitarian society.” Racial segregation and bigotry have been evinced in a number of forms; over the years, these forms have changed and evolved but the ...

Criminal Law

Introduction The term community corrections refers to the supervision and management of offenders within a community settings. It serves a pivotal role in ascertaining the safety and peace and order in the community. The discussion highlights the manner in which the community addresses factors such as arraignment, parole and probation, community and drug courts, pretrial release, sentencing alternatives and treatment, and community service as a sentencing function. Furthermore, the City of Fayetteville in North Carolina was chosen as the subject of the discussion in which the aforementioned factors in community corrections was examined.

Community Overview

The City of Fayetteville is located ...

A defendant is innocent until proven guilty. The structure of the legal system and process in the United States is to place the burden of proof on the government. The government carries this burden of proof as to every element of the crime the defendant is charged with. In order for a criminal defendant to be found guilty, the prosecution must establish guilt beyond a reasonable doubt (In re Winship, 1970, p. 361). The reason for this high burden of proof is to guard against government abuse. Were the government not bound by any constraints, the respective positions of ...

Business Torts & Ethics

Standing alone, the intruder is liable for his or her actions. The intruder is liable for a number of crimes independent of the landowner’s liability. While the landowner may be held liable as well, the intruder is most definitely liable for his intentional torts committed against Darryl and Sharon. Simply because the intruder committed the torts on the landowner’s property does not excuse the intruder from personal liability. The intruder is potentially liable for a number of different torts. The intruder can be charged with burglary. While burglary is a tort, not a crime, the intruder has ...

Part 1

Court Southern District of Florida Wikie D. Ferguson, Jr. United States

11-CV-22122 Lawrence V. MS & RE Kesef Corporation

Defendant MS & RE Kesef Corp. Plaintiff Duke Lawrence Mediator Martin A. Soll Judge Patricia Seitz Charges Violation of Fair Labor Standards Non-payment of minimum wage to the employee Refusal to pay overtime payment Retaliation against plaintiff Forced to avoid legal proceedings Brief Overview of case Part 2 Trial Project I have chosen the trial of Lawrence v. MS & RE Kesef Corp. for observation. The case was brought for trial on July 9, 2012. The case was presented in the court of Wilkie D. Ferguson, Jr. United States Courthouse. ...

Introduction

In a criminal trial, a defense team will introduce evidence and theories on the turn of events. The concept is to sell a reasonable story to the jury and save the client from conviction. This approach known as case defense strategies have two classifications. They are defense against an innocent person, and defense for a guilty client. The most popular of these strategies are sleepwalking and amnesia. Juries derive the verdict from expressed emotions and elements of evidence. Hence, defense attorneys often appeal to the emotional aspect of the jury. This paper will analyze two popular criminal cases involving ...

The case involved Fremont Weeks and the police on December 21st of 1911. In what seems to have set the stage for future legal battles, the police officers had invaded the house of the suspect over an alleged sale of lottery tickets. In doing so, the police had acted without the search warrant but went ahead to take several materials from Weeks’ house which they presented to the District Attorney. In their illegal searches, the officers seized anything considered a paper material including letters, books, money, and any other property considered Weeks’. In addition to the unwarranted searches, they ...

In a criminal case, a defendant will often seek to plead the insanity defense. An insanity defense may be a particularly attractive option if the murder was especially egregious or heinous. But while pleading insanity can be a viable defense for certain defendants, courts of law do not accept insanity pleas from every defendant. In order for a defendant to pleas insanity successfully, the defendant must show that 1) the defendant did not know that what he did was wrong, and 2) that the defendant failed to act with the necessary mens rea requirement (Fradella, 2007, p. 9). These ...

Extradition of Drug Traffickers for Trial in the United Justice System to Replace the Mexican Justice System in the Trial of Drug Traffickers

Abstract

The study examines the benefits of extradition of drug traffickers in the United States. According to the assessment, the United States justice system has been proposed as a viable replacement of the less evolved Mexican justice system. Despite the existence of laws that inhibit drug dealing in Mexico, there has been a steady increase in the levels of drug dealing in the nation, particularly over the United States-Mexico border, which serves as an integral trading market ...

The area covered by the lecture is Trots in Aviation Law. The various topics covered in the lecture for include Strict Liability in consideration with Civil Aviation regulations, duties of a pilot in flight and pre-flight, duties of the air traffic controller, duties of the maintenance engineer, the three categories of trespass, and nuisance. The elements of the lecture cover the duties of the pilot including responsibilities of a pilot in command of an aircraft, responsibilities before the actual commencement of the flight, analysis of pre-flight data, safety of passengers, safety of cargo, safety of crewmembers, keeping information on ...

The areas covered by the lecture contractual agreements under common law. The various topics covered in the lecture for contracts include the purpose of contracts, elements of contract law, terms of legality of a contract, how to identify a legally binding contract, the factors that make a contract valid, factors that render a contract invalid, who are eligible to enter into a contract, who cannot enter into a contract, and the damages involved in violating the terms of a contract. The lecture also covers the tort law. This part of the lecture constitutes to the identification and successful litigation ...

Introduction

Criminal justice administration is a challenging role since it determines the outcomes of operations conducted by any law enforcement agency. The decisions made by individuals in this role provide the infrastructure to prevent crime, uphold the law, serve and protect the people, and maintain the peace. The professional conduct of such administrators is often under threat due to undue pressure from local politicians, organized crime leadership, and even a Federal or State law enforcement agency. The chances for succumbing to pressure are high when ethics are lacking. Ethics influence the moral decisions that administrators make. Ethical behavior constitutes to ...

Victims and Crime Evaluation

Victims and Crime Evaluation

Introduction

The criminal justice system is used as a guide to maintain law and justice in the world. The criminal justice system ensures that all the branches of the government are used to maintain law and order by controlling and deterring crime, upholding social control, and sanctioning the people who have violated the law with criminal punishments/penalties, and rehabilitation efforts. The criminal justice system comprises of three primary elements that are, the courts, the legislative, and corrections (Siegel & Senna, 2005). In the central bodies of the criminal justice system, each one of them has individuals that ...

No legal topic remains as controversial as the death penalty. The continued use of the death penalty divides the nation on some of the most fundamental moral and political debates. While the death penalty is a form of punishment that has been around since he dawn of time, many people question whether the use of the death penalty is compatible with modern society. The death penalty also raises some interesting constitutional concerns. There is widespread belief that the death penalty is not administered in a fair and impartial manner, which would mean that some groups of people are disproportionately ...

Identification Procedures Line Ups and Show Ups

Identification Procedures Line Ups and

Police lineups have been used for decades in criminal cases. The witnesses who seen the criminal can look at a line up and pick out the person he had seen when a crime was committed. This process has been used to help identify and charge an individual with a crime. A police lineup may involve real people or may be photographs of individuals. Usually, the lineups will have the person who committed the crime, and approximately five fill in people to choose from. There is a process that needs to be followed when police ...

One of the hallmarks of the US criminal law is the extent of protections afforded to criminal defendants. While a large body of criminal procedure has been developed and refined through case law, the US Constitution lays the foundation for procedural protections that are guaranteed to a criminal defendant. Law enforcement at all levels are required to adhere to such protections and guarantees. The reason that such projections and safeguards are so important for a criminal defendant is to prevent the government from abusing its power. In most cases, a criminal defendant will have considerably fewer resources and means ...

Integrated Perspective Studies

The case study of Merck/Vioxx case is highly significant in explaining in a practical view how causation and correlation arguments can affect and give impacts in legal claims. It is an indication of how ability or failure to understand the causality and correlation in an event or a case can impact defining a case (Pearl, 2010). This case can, therefore, be argued at different dimensions to define it in favour of or against the defendant. In this case study and as pleaded guilty for, it is quite clear that Merck had committed an offense which is probably civil offense ...

Abstract

This paper will discuss the emergence of national security policies and laws in the aftermath of the 9/11 terrorist attacks. Prior to these attacks, there was relatively little coordination between different government agencies and branches with regards to counterterrorism. But the 9/11 attacks led to significant changes. All three government branches are highly involved in national security measures and interests. Congress responded by passing very important statutes to augment the government’s authority to conduct and investigate terrorist threats and apprehend suspects. These statutes reflect the practical difficulties of apprehending and prosecuting terrorists. Terrorism is unique in that if ...

U.S. Supreme Court McKeiver v. Pennsylvania, 403 U.S. 528 (1971)

Argued December 10, 1970; Decided June 21, 1971

Joseph Mc Keiver, 16 years old at the time of the incident, was accused of robbery and receiving stolen things. Edward Terry, 15 years old, was also charged with assault and conspiracy. Both of the requests for the jury trial were denied. After the appeal was filed, the Supreme Court of Pennsylvania consolidated the cases.

Issues

The issue for the consolidated cases was whether the persons in a juvenile court have the constitutional right to a jury trial.

Decisions

The Supreme Court found that the Sixth Amendment does not apply to ...

Abstract

The legal business environment, including laws and regulations formulated to control the conduct of business activities is one of the most important external factors that affect major commercial decisions by business organizations (Pathak, 2013, p. 96). This legal framework influences decision making by businesses right from registration, workplace safety of employees, decisions on employment or dismissals, product safety, business agreements, to financing and marketing decisions (Campbell, 2009, p. 154). Businesses enterprises, according to Miller and Jentz (2011) must always operate within the purview of this legal framework as they make decisions on the various commercial activities, processes and operations ...

United States Constitution is the fundamental law of the United States having the highest legal force. The American Constitution was adopted in September 17, 1787 at the Constitutional Convention in Philadelphia and subsequently ratified by all then existing thirteen American states. It is considered the world's first constitution in the modern sense. It consists of seven articles, for the duration of the Constitution there have been adopted twenty-seven amendments, which are its integral part. The Fourth, Fifth and Sixth Amendments are considered as important amendments for people, as they protect them from different kinds of discrimination. The Fourth Amendment ...

(Professor/Instructor) (Course/Major)

The regulation of “underground storage tanks,” or USTs, is regulated under Subtitle I of the CERCLA, or the 1980 “Comprehensive Environmental Response, Compensation and Liability Act,” 42 U.S. Code § 9601. Nevertheless, the subtitle is restricted by two factors; one, the definition of the type of the tanks that can be monitored, and two, the type of substances that are stored in these tanks. To be able to fall under the ambit of Subtitle I, the tank must be “underground with connecting pipes, with the bulk of the tank buried at least 10 percent of the same buried ...

Marketing

Hoover’s Market Position (PESTLE) Political – The company can expect a long-term advantage in terms of political stability in its major markets in the US and UK. Both major markets for the brand is far from facing political conflicts that might impact Hoover’s business continuity. Economic – The leading markets for Hoover’s line of vacuum cleaners are in stable condition, which poses no apparent effect on the consumers’ buying power in the US and UK market. On the other hand, the rest of the European markets for the brand are facing economic uncertainty given the perceived negative implications ...

Introduction

Concept of Due Process and Its Protection in Pre-Trial and Trial Stages of Criminal Procedure Hence, due process may be conceptualized as a legal procedure which courts and other authorities are obliged to comply with to ensure a “fundamental fairness” to a defendant (Del Carmen, 2014; JUSTIA US Law, n.d.). Moreover, due process embodies “substantive” and “procedural” due process. The latter type pertains to both civil and criminal proceedings which virtually differ dramatically, given the rights granted to defendants in both proceedings and their actual application (Del Carmen, 2014). Extending the subject matter regarding the difference between the application ...

The Civil Procedure Rules (CPRs) are a set of guidelines by which the United Kingdom has granted more equitable and consistent access to their justice system by way of simplifying the process. They have made legal processes less expensive and easier for laymen to understand. Their primary focus was to promote the application of some particular provisions, but to also guide actions in those circumstances when the CPRs cannot be expected to offer a specific rule. The slow and expensive process of resolving cases under the English civil justice system prompted Lord Woolf to conduct a two-year inquiry into ...

Question 1

In the first instance, the case was heard in Melbourne. Regarding the nature of dispute Willet had been a Senior Detective Constable and worked at the Victorian Police Force. She suffered from a depressive disorder that was depressive because she had been subjected to harassment and bullying when working at the police force. She was awarded damages amounting to $106,000 by the jury to compensate have for losing the enjoyment of life and suffering. After appealing to the Supreme Court, the damages were increased to $250,000.Medical evidence showed that the harassment and bullying contributed to Willet's mental ...

One should never commit perjury when testifying. Perjury is knowingly telling a lie when one is under oath about something that is important to the case. If a PLEO commits perjury when testifying, the officer may lose his or her job, he or she may face imprisonment or a fine, the defendant may be acquitted, and it reflects negatively on the professionalism and integrity of law enforcement. When being called to the stand, never walk in front of the judge’s bench, between the attorney’s tables and the judge; called “the well” (p.464)

This area is considered off-limits and could be construed as disrespectful (p. 464)

One should not look at ...

Sources of Law and areas of Law in Common Law Countries

Notion of common law and its features Common law has its origin in XI century and now exists in the USA, Canada, UK, Australia, New Zealand. This system law is regarded uncodified and is based on the case law as the main source of the interpretation of the rules. This statement implies that cases considered by the courts in the previous years should be respected and taken by the followers as the examples of notorious behavior accepted by the society. Therefore, the system of common law accepts the pivotal role of the precedent in the society. Besides, the common ...

Capital punishment has always been a controversial issue. In 1791, before the French Revolution. Maximillian Robespierre delivered a speech arguing against the death penalty. A few years later he led the Reign of Terror, and organized mass executions, which exemplifies the way capital punishment is often politicized and used for specific agendas, rather than as a form of rational punishment. Today, in the U.S., recent technological advancements, including DNA testing, has exonerated inmates on death row. There is a racial and socioeconomic element to the debate, because more inmates on Death Row are poor minorities. Some highly publicized cases ...

Dr. Bruce Frumkin presents a comprehensive overview of the strengths and weaknesses of intellectual assessment tools and offers a practical guide for forensic clinicians and attorneys faced with criminal cases involving mental retardation claims. Such a defense has implications for rulings regarding competency to stand trial and the extent to which a defendant can be found criminally responsible for an offense.

For starters, it is important to understand the meaning of “intelligence” and the way many assessment tools, such as IQ tests (i.e., WAIS-III, WIAS-III, MMPI-2, etc.) or adaptive behavior testing, can impact the findings of a clinician. Frumkin explores the definition of ...

The internet search giant Google was involved in a five-year court battle with Louis Vuitton. The case was based on a determination regarding trademarks of original companies that were used by counterfeit dealers. Google is a world leader in the search industry sector and uses this unique feature as a marketing vehicle. However, the use of AdWords as used by Google has recently come to sharp criticism from within the European Union and in the United States of America. It is argued that the use of AdWords promotes trademark Infringement. Therefore, the courts of law had been called in to determine this fundamental ...

One of the key essentials of a fair trial is availing legal representation to a defendant. This is embodied in the right to counsel. Basically, this right enables a defendant during proceedings to be aided by a lawyer at their own expense, or if unable to pay for one, at the state’s expense. The basis for this right is that a defendant may be greatly disadvantaged, especially in criminal proceedings, if they are deprived of legal representation. This right enables the defendant, through counsel, to take part actively in the pre-trial process and also the trial itself.

This right is so fundamental ...

Discussion 1

Judicial review of competency or reasonability in regard to defendant mens rea (mental state) at issue in case involves four general rule elements where 1) waiver of rights is determined accord to the 2) capacity of a party to plea and 2) stand trial, the criteria to 4) defense. Defendants “pleading not guilty by reason of insanity” forsake criminal responsibility in exchange for state mental health incarceration (Meyer & Weaver, 2006).

In the cases State v. Bates and State v. Stiller no assignment of incompetency should occur. If temporary insanity is determined to be in question, hospital ...

The prosecutors and police have the common interest cut down crime, arrest criminals and offer fast, sure and particular punishment. Therefore, prosecutors and police are expected to have open communication to facilitate their functions. The two organizations have different responsibilities, but exhibit conflicting views over certain case dispositions. However, their conflicts are considered as evidence for the effective functioning of checks and balances mechanism of the criminal justice system. Therefore, the police should accommodate such checks from prosecutors while prosecutors are expected to provide supervisory functions together with vivid and reasonable explanations. The police are held responsible for their ...

The rapid technological change, shifting priorities and the need to have equal societies have led to sectorial and process reforms. Processes like voting are becoming simpler and simple day by day. Previous methods of carrying out things are being done away with and people are constantly embracing modern technologies. However, on given occasions, the use of these technologies might be against what the constitution demands. Crazytown city in Texas has proposed two radical reforms which are aimed at improving the processes of its council elections. The first reform, which is the accepting of votes to be cast via smart ...

This report is about a case study of Sunil v Xerox, in this case the plaintiff was injured in a supermarket after he slipped and fell. This was because water had been brought into the supermarket by other customers since it had been raining.

The paper focusses on the tort of negligence and the occupier’s liability. The three elements of the tort of negligence are discussed in detail. The elements are that the defendant owes a duty of care to the plaintiff, there is a breach of that duty and that the breach of that duty resulted in the injury of ...

Phone

Dear editor, I would like to address a problem with a case involving domestic abuse. This can be concerning when the party was married to a police officer who is directly responsible for the abuse and harassment. In specific there is a law in Cullman County here in Alabama that requires at least one of the parties involved in a domestic violence call to be detained and this means they will be arrested. This leaves the victim defenseless even in their own home, and with nobody to call for help for fear of retaliation from the police who are partners with the ex-spouse. ...

1. Discuss the movie, Eyes on the Prize. What does segregation say about a community’s values? How does living in a segregated society shape the way people think about themselves and about members of other ethnic or racial groups?

Eyes on the Prize is a film that provides a reflection of the issues, tactics, and sacrifices of the people during the Civil War years. The movie reveals the ferocity of racism and the underlying power of popular democracy. Segregation is the ugly face of a community that promotes violence. Living in a segregated society makes people develop fear and hatred that ultimately cause ...

There are two types of offenses that an individual (i.e. a defendant) may be charged with. The first one is a civil case and the other one is a criminal case. Civil cases are charges that are based on allegations that an individual or an organization (i.e. corporation or a government-related entity) has failed to fulfill his legal duty leading to damages or lost opportunities. Criminal cases, on the other hand, are where an individual is charged with an indictment for serious forms ...

Citation: State of Arizona v. ASARCO, No. 11 – 17484, (December 10, 2014), United States Court for Appeals for the Ninth Circuit.

Facts: The Plaintiff Angela Aguilar was employed at a mill facility of the defendant ASARCO, a huge copper mining company, located in Sauharita, Arizona, on December 2005. In the course of the eleven months she worked at the mill factory, Aguilera contended she suffered multiple instances of sexual harassment by supervisors and co-workers regardless of her complaints to the Human Resources Department of ASARCO and at least one manager in the factory. Angela Aguilar filed claims for sexual harassment ...

As a general rule, top-level answers should be a minimum of one paragraph of moderate length. Expect this to be a minimum of 150 words, usually requiring 10 or more sentences. Top-level posts less than 150 words will not be considered for full credit. Opinions are great and should be included! However, when possible, please support any opinion in the discussion with factual information or theory of substantial weight taken from some quality source or sources. For these top-posts you should avoid more than two sentences of direct quotes from any source. For the remainder of the post you should include a combination ...

Facts: Rajesh, who is a student in the university, works part-time as a delivery man for Yum Yum Pizzas. He is working in shift with strict start but the finish times are unspecified. While working he wears the uniform of Yum Yum Pizzas – a T-shirt and a cap. He was provided with special heat keeping panniers for the pizzas to stay hot. He used them on his own bicycle with the help of which he delivered the pizzas. Rajesh was paid a flat fee for every delivery. One evening, caring out his subsequent delivery, Rajesh performs a detour to the nearest LiquorMart store to buy ...

Judicial Process: Describe the advantages and disadvantages of a 6 person jury. Would you prefer to have 6 or 12 juries if you were the defendant in a criminal trial? Why?

Various studies have shown that jury size can significantly impact the quality and speed of verdict-reaching. Studies have shown that a jury size of 6 has advantages, but it also has critical disadvantages. As in other matters, an involvement of lesser number of people imply quicker decision-making because there are less voices to be heard and is easier to coordinate. The same is true in jury size, according to studies. ...

Have you ever asked yourself what chapter or topics in psychology you will remember forever after your undergraduate degree! If not, I advice you to take my choice. Chapter 1 on the topic “The Six Scientific Thinking Principles,” the six scientific thinking principles are correlation vs. causation, falsifiability, Replicability, extraordinary claims, ruling out rival hypotheses and Occam’s razor. I think these principles can be applied in many different situations in life because it goes beyond psychology.

Correlation verses Causation, this is an error of ignorance or assuming that because something is associated with another, then it automatically ...

Identification of Crimes and Defenses

Fact Summary: After taking cocaine, Nino and Bill decide they want more. Nino comes up with an idea to “scam” some more from Thomas, the boyfriend of Bill’s sister. On the way to Thomas’ house, Nino explains the details of the scam to Bill. Before arriving however, Nino drops will off and gives him a steak knife and tells him, “I may need protection.” After waiting 45 minutes, Bill walks to Thomas’ house and knocks on the door. Nino rushes out and begins beating him and cursing him for not keeping to the plan. In the process of beating ...

Policy and procedure directives are meant to ensure that all actions taken in every institution of the criminal justice system abides not only to the federal constitution, but also to ethics and human rights. Therefore, when policies and procedures are being drafted, their main foundation is the constitution. However, as history has shown, things are not always direct in the criminal justice system. An action taken in criminal justice system such a jail and that seemingly abides by the constitution may later be interpreted as an infringement on the constitutional right of the defendant. Such is the case of Carter ...

Introduction

With respect to law of torts, any action carried out intentionally and that results in causing either physical or emotional injury to another person qualifies as an intentional tort. On the other hand, negligence tort entails causing harm or injury to a third party as a result of personal carelessness. According to Arthur and Barner (2007), civil law requires that every individual conduct his or her activities in a manner that induces no harm to surrounding persons. In this context, the need to conduct one’s affairs in a safe manner constitutes the element of duty. Failure to act safely and within expected ...

Rob and Bunny Sherman want to file a suit against the Church of the Divine Light. They allege that one year ago, their 15 year old son called Rob Jr., was coerced into staying in the church. He was threatened by being told that if he left, he would be thrown into the eternal fires of hell. He was brainwashed and began believing that the church was his new family. He was also told to demand money from his parents to cater for his upkeep. Rob Jr. stayed in the church for a period of approximately six months. Rob Sr. and ...

Introduction

The arrest of the three teenage young men over the murder of the three year old boys in West Memphis Arkansas took place in 1994. The three young men named Jessie MisKelley Jr, Damien Echols, and Jason Baldwin were found guilty and convicted for the killings. Both Jessie and Jason were sentenced to life and on the other hand, Baldwin who was considered as the suspected ring-leader received a death sentence. Later in 2011, the three teenagers presumed an Alford Plea which enabled them to come out of jail as time served. The Alford plea was presumed that one is ...

A contract is a binding legal agreement between two parties that is made with the intention to create a legal relationship. Contracts in the English legal tradition are made by the exchange of consideration between the parties.

Fox v. Mountain West Electric, Inc., 137 Idaho 703 (2002)

In this case, Lockheed Martin had a building project which Fox and MWE decided to do jointly as a way of winning the bid to complete it. They created a document that acted as the scope of the work they were to complete and in the process, Fox worked under the supervision of a manager of MWE. There were changes in the terms of the building contract terms ...

- Identify and discuss the various functions of law. Why are these functions important from a business’s or corporate perspective? Provide examples

The law is defined as a set of rules that governs a society. The rules are in most cases enforced by threat of penalty. In essence, the law helps in regulations which help in governing the conduct handling disputes and dealing with criminal activities. The law performs numerous roles in both the society and in the business world. These roles are classified into three broad sections which include the criminal and civil law, Substantive and Procedural Law and public and private Law.

Criminal and civil law

This law enables the public, government authorities prosecute the public commitment of crimes. On the other hand, the civil ...

The ‘exclusionary rule’ is a rule based on the Fourth Amendment of the United States Constitution which prohibits unlawful search and seizure. The exclusionary rule mandates that evidence seized in violation of the terms of the Fourth Amendment is not admissible in court and should be excluded at trial; it is an attempt to deter police misconduct and prevent them from usurping the constitutional rights of citizens. It is a rule which was originally expressed in Week v. United States, 232 U.S. 383 (1914); in 1961 the Supreme Court made the exclusionary rule applicable to the states in the case ...

Introduction

Crime refers to wrong actions that cause injury to people or cause interference of their lives. However, these actions that interfere with other people lives cannot be classified only as a crime, but also as a tort. A tort is a wrongful action that causes injury or interferes with the other person life or property.

In the Pahler case, the court did not use the same reasoning used in Bailey vs. Eminem case. Pahler committed a crime by shooting and murdering actress Lana Clarkson. Crime can be defined as, wrongful act identified by a state as a crime, leading to hearing criminal case in the ...

Intention and knowledge of a crime cannot be of the same type of mens-rea. For example, murder and culpable homicide are intentional and knowledge based respectively. The intention based mens rea places mental element of murder foremost as an intention to cause death. At a lesser degree is an intention to cause a specific bodily injury which the offender knows will cause death of the victim. This is almost the same as the mental element for murder as the offender knowingly causes the bodily injury that it can cause death. As such, the offender is liable to be convicted for murder. Next ...

Brown versus Board of Education was a landmark case in the United States Supreme Court. The case had a very great impact on the personal rights of individuals as will be fructified in the evaluation.

- Basic Information

The title of the case was Oliver Brown, et al. v. Board of Education of Topeka, et al. The case number was 347 U.S. 483.

- Plaintiff

The plaintiffs in the case were Oliver Brown, et al.

- Defendant

The defendant in the case was the Board of Education of Topeka, et al.

The case Oliver Brown, et al. v. Board of Education ...

Lamson v. Crater Lake Motors 216 Or.App. 355, 173 P.3d 1242 (2007)

Summary. A car dealer’s a sales manager disapproved of the tactics used by a third-party firm in conducting sales promotion for the company. The company terminated him when he refused to cooperate. He sued for wrongful discharge, but the Oregon SC ruled against him.

Personal and Legal Analysis. Despite allegations of deceptive trade practices, the Court found for the employer because it did not compel the employee to commit any unlawful activity.

Answers to End-of-Case Questions. (1) Lamson could sue for wrongful discharge on the grounds of whistle-blowing. The person involved in the illegal practice knows more about it than ...

A pretrial motion is a meeting that occurs between the accused person, the plaintiff, the layers and the judge. The pretrial motions are conducted after the confirmation that a case has to proceed to trial (Berry, 1989) .Pre trial motions deal with issues that affect will affect the outcome of a case. Some of the issues are;

Avenue change-Parties to a criminal case can request for avenue change. Factors such as publicity and security of an accused person may influence the court to order for the change of a trial location.

Evidence exclusion-Any party to a case can request a court to exclude evidence that they ...

Malpractice actions can only proceed once basic requirements contained T.C.A. § 29-26-115 has been met. Firstly, the burden of prove is upon the claimant to provide the standard of professional practice within the community which defendant practices. As a claimant, therefore, prove that I am well vast with the standards of professional practices that should have upheld at the time when the injury was committed. I will also prove that defendant failed to act with reasonable in light of the aforementioned professional standard. It will also be important for me to prove that defendant acted with less care than what ...