SlideShare a Scribd company logo
1 of 77
Download to read offline
Court Trial Essay
The criminal trials I attended at the Boone County Courthouse where very interesting because it was
not the first time ever being in a courthouse and courtroom. I have seen some courtrooms through
videos of trials or pictures from high profile cases such as the shooter in Colorado who opened fire
in a movie theater during Batman in 2012 and I have been to a small courthouse in Calvert County
Maryland. The difference between these two courtrooms was the size and number of people present.
At the Boone County Courthouse the room was small and had a large amount of people ready to see
the Judge. Some of the people present included: the Bailiff, who did his job by making sure
everyone had a seat, was situated and quiet during the court ... Show more content on
Helpwriting.net ...
This sentencing was in response to the multiple times this gentleman was charged with the same
crime.
The difference between the Bonne County court and the Calvert County court is the size and how
quickly cases where moved through the system. In the Calvert County courtroom I sat and watched
the cases where processed slow and meticulous even the requests for a change of date moved
slowly. While in attendance in Calvert County I heard the judge ask how defendants mothers or
families where and even postpone court dates or sentencing so farmers could bring crops in or so
people could attend family functions. Even the sentencing was odd back home people could get
sentenced to just weekends or even just nights in jail I heard one sentence where someone had to
spend every weekend in jail for the next year, which I thought was strange but the judge said after
the sentence that it was to keep the farms working. In Boone County the courtroom seemed more
formal and less personal than a small town. The judge only cared for the rule of law and not about
family matters or the occupation of the defendant and this is the way a judge should act in my
opinion. The personal approach that judges take in Calvert County compared to Boone County is
more influential than an impersonal approach because people do not want to be seen as just a
number. A friend of mine who saw his day in court in Calvert County said that the judge was very
friendly and
... Get more on HelpWriting.net ...
The Court Of A Bench Trial Essay
Our judicial system works hard every day to uphold the rule of law. Whether you are sitting in on a
case, watching Court TV, watching legal based movies, or whatever it may be, you notice that there
are different parties and people involved in the whole charade. There are different jobs within our
court system that coincide with each other to keep our courts strong and orderly. These jobs include:
judge, bailiff, stenographer, jury, clerk, and prosecuting attorney. These different jobs have specific
duties that help the court system thrive. Judges decide on the verdict if there is a bench trial. A bench
trial is a trial by a judge as opposed to a trial by jury (Reuter, 2016). In a bench trial, the judge is an
unbiased third–party advocate for justice. He or she determines the appropriate punishment and
sentence those convicted of crimes (Reuter, 2016). A judge takes on a couple of roles in a bench trial
such as, that of the referee who rules on the admissibility of evidence and decides questions of law,
and that of the finder of fact which ultimately determines how much weight to give the testimony of
different witnesses and the credibility of the evidence (American Bar Association, n.d.). Some cases
must be handled by a judge in a bench trial. A federal judge who presides may be an Article III,
Judge or a Magistrate Judge (Gray,Ritter, & Graham, P.C., 2015). An Article III, Judge is a judge of
the United States Supreme Court, the federal court of appeals and district
... Get more on HelpWriting.net ...
Analysis Of Devin Copeland V. Justin Bieber
"Somebody to Love": Devin Copeland v. Justin Bieber
As an artist, the protection of all intellectual property created for distribution should be a priority.
The type of protection this case focuses on is the protection granted by copyright. When a piece of
work is copyrighted, the copyright grants the creator the exclusive right to use and distribute the
piece for the duration of their life plus 70 years. As a creator, copyrighting completed art before
disclosing the art with any other interests is very beneficial when proving ownership in a federal
court proceeding. Devin Copeland v. Justin Bieber is a case that is based around the copyrights to a
song entitled "Somebody to Love". The facts will be introduced, followed by the issues that arose in
court, then the courts analysis of those issues, closing with the lessons learned to be applied to the
future of Planet Florida Artist Managements business ventures.
Devin Copeland was an aspiring artist who had a dream of getting a record deal. In 2008, Copeland
finished work on an album, which he registered for copyright later the same year. "The next year,
Copeland says he met with representatives from Sangreel Media and they were interested in
promoting some of the songs from the album which included 'Somebody to Love'" (Mackinley,
2015). Sangreel Media then sent a promotional copy of the CD to several artists in their network,
including Usher Raymond. Usher's manager contacted Copeland about going on tour with Usher.
The
... Get more on HelpWriting.net ...
Old Chief V. US Supreme Court Case Study
In the case of Old Chief v. United States, 519 U.S. 172 this report found that the Appellate Court
error in his judgment and vacated its judgment and gave a judgement of summary the future
proceedings. According to the rule of evidence According to the rule of Federal evidence 403 on the
theory that the unfair prejudice to him would substantially outweigh the evidence's probative value.
The under Rule 403 of the Federal Rules of Evidence, by allowing the government, in order to prove
the prior–conviction element of the 922(g)(1) charge, to introduce a record of a prior conviction for
assault resulting in serious bodily injury, for which conviction the accused was sentenced to 5 years'
imprisonment, because the risk of unfair prejudice to ... Show more content on Helpwriting.net ...
Collins, 68 Cal. 2d 319 the Federal rulesWere not applied. The rul 401 test of relevant evidence Was
not applied to the case at all. The rule of evidence that they applied was California rule 211 which
does not equal under the rule 401 of federal law. The rule 211Ca is based on The rule of
mathematics EvidenceWhich was an unfair advantage to the defense team. The rule of 402 of
General assembly of relevant evidence To provide Subsequential Standing of what the evidence
Picture should be was not Presented In this case. Instead The court applied CA rule 211(a) Which
also is based on mathematical deduction Which gives unfair advantage of due process to the
defendant And subsequently establishing links to the evidence. The rule 403 Excluding Relevant for
Prejudice, Confusion, Waste of Time, or other reasonsUsher is where the judge May exclude
Evidence Projecte most unfair evidence and prejudicial and prejudicial evidence of the sequential
prohibits value streamline and waste of time that should not be entered into the court directed so that
the defendant may have a fair trial.Applebee's Rule of evidence 403 has been applied To the court
records. The trial can proceed in a very timely manner Based on the evidence picture To the jury To
make a decision on the persons in the scent of guilt based on persuasion argument That both
attorneys will provide at trial And a fair Even playing field. Where in these case Evidence of which
presented
... Get more on HelpWriting.net ...
National Business Forms And Printing Essay
Statement of Facts:
National Business Forms & Printing, INC. located in Navasota, Texas; is a printing commercial
business that sells signs, stickers, banners, and other printing goods. NBFP's main services are
offered through two online websites. National Business Forms & Printing sold to affiliated and
nonaffiliated customers, using several logos of known car dealerships. One of those dealerships was
Ford Motor Company (Ford). Ford was not complied with NBFP doing business with its logo, and
as a result sent NBFP a "cease–and desist letter." In such letter, Ford demanded NBFP to pay $5000
for damages and to stop commercializing with the Fords Logo. Instead of abiding to Ford's demand,
NBFP decided to sue Ford in a Texas State Court looking for a "declaration". Ford, on the other
hand, countersued NBFP in the U.S. District Court of Southern District of Texas. Ford alleged that
NBFP committed trademark infringement, counterfeit of Ford's product (logo), and "false
designation". The U.S District Court of Texas separated Ford's claims into four categories. First,
NBFP's advertising material for Ford's associated dealers. Second, advertising material for
"independent dealers;" third, a custom logo made by NBFP using an oval similar that stated "NO
BIG 3 BAILOUT;" fourth, remaining products that NBFP sold that could be connected to Ford. The
District court denied judgment as a matter of law on the first three categories. On the other hand, it
allowed judgment on the fourth
... Get more on HelpWriting.net ...
The Court Of The Trial
Chapter One
The judge looked over the jury, then back at the defendant, a young man of about 20 years of age,
and then at the prosecutor, a woman with spiky brown hair and black glasses. The trial had started
two hours ago, with a recess one hour after it started. The recess lasted 10 minutes, and then started
back up after people could gather their pieces of evidence. There had been so much evidence
defending the young man, but in the end, the prosecution had enough to prove their point. The judge
declared the young man guilty, and he was taken away. He screamed and struggled, but the guards
removed him from the courtroom and delivered him to the prison.
Only two weeks ago, a young woman was murdered at her apartment. The woman's name was ...
Show more content on Helpwriting.net ...
"Hi, is there something I can help you with?" The man asked, quite obviously scared out of his
mind.
"Yes, in fact, there is something you can help us with." The woman said. The woman pulled out a
notebook with samples of hair, fingerprints, and multiple other pieces of evidence. "Sir, you've been
suspected to be the murderer of Christine O'Donovan. I'm afraid you're going to have to come with
us."
The man whispered something, looking upset. He walked out of his apartment, standing next to the
police before all but one of the cops filed into different police cars and drove away. The man stood
there with the woman and the last cop, looking terrified.
The man occasionally glanced over at the police officer, freaked out, before attempting to start a
conversation. "So, I'm supposed to be leaving the very place I live, and I don't even know your
name."
The woman adjusted her glasses, tapping something on the side and staring, before answering him.
"They call me Agent Waters." She said, annoyed that she was wasting her time coming here. Small
puffs of smoke were coming from the tips of her hair.
The man stood there, confused about how her hair seemed to be igniting in flames. "A–Are you ok?
Your hair is kind of... burning."
"Yes, I'm fine." Waters
... Get more on HelpWriting.net ...
Trial Court Case Summary
I. Did the trial court err when it did not deem as admitted facts the allegations made by the
Defendant in his Seconded Amended Complaint in accordance with MD Rule 2–323(e), which
caused a violation of the Defendant's fourteenth amendment rights? II. Did the trial court err in its
determination that, under the Child Support Guidelines, as provided in § 12–204(i)(1), that the
Defendant should contribute to private school via his child support payment when it failed to
perform any factor in enumerated in Witt v. Ristaino, 118 Md. App. 155? III. Did the trial court err
in its determination that, under the Child Support Guidelines, as provided in § 12–204(i)(1), that the
Defendant should contribute to private school via his child support payment
... Get more on HelpWriting.net ...
The Action For Declaratory Relief
One such instance where a declaratory judgment does not generally serve a useful purpose or
terminate controversy is where there is another action pending in a different courts involving the
same issues. Indeed, generally "courts will not entertain a declaratory judgment action if there is
pending, at the time of the commencement of the action for declaratory relief, another action or
proceeding involving the same parties and in which the identical issues that are involved in the
declaratory action may be adjudicated." Waicker v. Colbert, 347 Md. 108, 113 (1997). This rule rests
on the principle that, "[w]ere an action or proceeding is already pending in another forum involving
the same issues, it is manifestly unwise and unnecessary to ... Show more content on
Helpwriting.net ...
Denmead, 22 Md. 135, 145 (1864) (quoting Brooks, supra, 1 Md. Ch. 351). This rule survives in the
context of a declaratory judgment action out of recognition that the declaratory judgment is
distinguishable from other judgments because "courts are empowered to adjudicate upon disputed
legal rights whether or not further relief is or could be claimed." Edwin M. Borchard, The Uniform
Declaratory Judgments Act, 18 Minn. L. Rev. 239 (1934). In order for declaratory judgments to
retain the procedural requisites of justiciability: two principal criteria guid[e] the policy of rendering
declaratory judgments . . . (1) when the judgement will serve a useful purpose in clarifying and
settling the legal relations in issue, and (2) when it will terminate and afford relief from the
uncertainty, insecurity, and controversy giving rise to the proceeding. It follows that when neither of
these results can be accomplished, the court should decline to render the declaration prayed.
Id. at 265. Pursuant to these principles, Maryland Courts have generally held that the practical
purposes of the declaratory judgment are ill–served when a court makes a declaration while an
action involving similar issues are pending before another court.
In A. S. Abell Co. v. Sweeney, 274 Md. 715 (1975), the Court of Appeals quoted Professor Borchard
in
... Get more on HelpWriting.net ...
Complex Court System
There are two court systems that make up a complex judicial system in the United States of
America; these are the States courts and Federal courts. The system is designed to interpret the US
constitution to the citizens. The outcomes of the Federal and the States courts' cases vary depending
on the type of the case. To understand how the court system works and the outcome of court cases, it
is important to focus on a court case sample. The felonies case of Illinois versus Wardlow filed in
2000 describes the case of Chicago police officers who arrested Wardlow after they find him with a
gun in a crime–prone area. In their course of routine patrols of the said high–crime area, the police
converge on Wardlow who was carrying an opaque bag. On ... Show more content on
Helpwriting.net ...
The FOID Act works in that state alone and would not hold in a federal court because no one is
prohibited from owning a gun except as restricted by the 1968 Gun Control Act under Federal laws
(Scheb, 2015).
Trial Courts are allowed to handle a number of cases in which a judge or the jury listens to
testimonies and evidence, and passes a verdict in relation to the facts provided. It is within the
jurisdiction of the court to handle all civil cases pertaining to probate, family, juvenile, among
others, criminal cases including infractions, misdemeanors, and felonies, appeals of civil cases
dealing with less than $25000, infraction appeals, and misdemeanor cases (Smith, 2003). Focusing
on the case of Illinois versus Wardlow, it was a case of a felony which is within the Chicago's Trial
Court
... Get more on HelpWriting.net ...
The Court System Of The Criminal Trial
This report is on the account of a trial heard in Swansea Crown Court on 8 March 2016. The
purpose of the report is to show significant knowledge in the application of relevant areas of law to
its involvement in the criminal trial. In accordance, the concept of criminal law, English legal
system, function and structure of the court system, roles of court personnel, the procedure of the
criminal trial, strength and weakness of the court system, and proposed reform of the courts have
been put into consideration.
The court system of the United Kingdom is considered in hierarchical levels from the Supreme
Court to the Court of Appeal to High Court, Crown and County Courts to the Magistrate Court. The
courts have their jurisdictions of ... Show more content on Helpwriting.net ...
On arrival, the security ensured that all belongings are checked in order to properly safeguard the
court environment. Also, I was given the list of cases to be heard and attended the case of Evans
Ashley J. who was up for trial.
The trial was a private hearing. This means that members of the public, press or unrelated audience
were not allowed to sit for the hearing of the trial. This system is advantageous as to ensure that
publicity of the case would not, in turn, defeat the object of the hearing and so the courts considered
it essential for the jury to be uninfluenced by the public to avoid any form of bias in the interest of
the justice system. Also, due to our academic involvement in the trial, the ushers, as well as the
judge, explained that the case is neither to be disclosed nor discussed to anyone external but only
within the sphere of academic purposes. Accordingly, the only people present were; the judge, the
jury, 2 clerks, the defendant, his advocate, a member of the Youth Defending Team, the prosecutor,
the prosecutor's solicitor and the dock officer.
The trial involved a defendant who is a minor and was charged with assault of grievous bodily harm
under section 18 of the Offences Against the Person Act 1861. He was duly released from the dock;
an enclosed space at the far end of the court where the accused sits or may stand during the trial,
because of his age
... Get more on HelpWriting.net ...
Formal Court Trial
Opening Thank you, your honor. Ladies and gentlemen of the jury, my client, the emperor, was
stripped of his pride. He was degraded in front of his empire. One afternoon in the town, my client
was approached by a swindler who gave him an offer she knew he could not refuse. She offered to
weave him the most beautiful outfit that could only be seen by people who were intelligent and fit
for their positions. He then hired them, as anyone else would do, and paid her and gave her beautiful
cloth that was never used for intended purpose . My client was concerned about where all the cloth
was going. Lets remember one thing, one of my client's biggest reasons for purchasing this swindler
was because she could supposably weave fabric that only could be ... Show more content on
Helpwriting.net ...
In my opening statement I mentioned that I would call three witnesses to show the swindler's guilt.
Each witness explained this fact without a shadow of a doubt: 1) The emperor did not have clothes
on. So try to explain one thing, where were the clothes? They were most definitely not on him and
nobody saw him wearing his "magnificent" clothes. This Is why the swindler deserves to be charged
with fraud. They did not hold there end of the bargain. There is nothing the defending side can say
because he did not have clothes on. Yes the officials lied but truth be told, wouldn't you? That is the
only thing they can prove, which does not devalue the fact that they committed a crime of fraud. To
determine guilt in this case, the members of this jury only have to ask themselves two questions: 1)
Did my client pay for and provide materials for clothing to be made and 2) Did the swindler produce
the clothing. Not only did the swindler manipulate, lie, and humiliate my client but I believe the
swindler should be rightly and justly charged for the crime of fraud against my client. I appreciate
the time given, wisdom, and consideration of the facts of every member of this jury. Thank
... Get more on HelpWriting.net ...
Role and Functions of Law Paper
Role and Functions of Law Paper
Jaclyn Wheatley
LAW/421
June 25, 2012
Kathryn Harris
Abstract
This paper addresses the functions and role of law in business and society. This paper covers
different types of laws including statutes, common laws, treaties, ordinances, and executive orders.
As the paper continues it will discuss who creates and enforces these laws. This paper also discusses
the classification of those laws into criminal and civil law, substantive and procedural law, and
public and private laws. As these subjects are discussed the paper will discuss what individuals or
entities are responsible for using these different types of laws. The paper also discusses the different
types of courts where these laws are enforced ... Show more content on Helpwriting.net ...
Some of the punishments associated with criminal law include incarceration and possibly the
payment of fines.
Civil Law This type of law happens between private parties, organizations, or governmental bodies.
If a person or other entity breaks a civil law, they would be required to compensate the party that
was wronged in some form. Usually this is done through some sort of financial trade.
Substantive Law
According to S.P. Melvin (2011), substantive laws "provide individuals with rights and create
certain duties" (p. 18, par. 3). According to the dictionary, substantive law is "law that creates or
defines rights, duties, obligations, and causes of action that can be enforced by law."
Procedural Law
Procedural laws provide the means for government entities to make and reinforce the substantive
laws. Many of these government entities include the courts. These procedural laws also regulate
how these entities act throughout the process.
Public Law Public laws are tied in with how the government interacts and deals with individuals.
Constitutional law and criminal law are both examples of public laws. Private Laws
Private laws are, as its name suggests, the opposite of public law. Public laws are tied in with how
individuals interact and deal with other individuals. An example of private law could be a contract.
Court Types
The legal system of the United States also has different types of courts in addition to different types
and classifications of
... Get more on HelpWriting.net ...
Case Brief
Moore v. Midwest Distribution, Inc., 76 Ark. App. 397, 65 S.W. 3d 490 (Ark. Ct. App. 2002)
FACTS: Appellee (Midwest Distribution, Inc.), who is in the business of setting up cigarette product
displays, contracted to hire appellant (Moore) in 2001 to work at its Fort Smith office. Upon
accepting employment, appellant signed an employment contract, a "Service work for Hire
Agreement" with appellee that contained a non–compete agreement – in which appellant agreed that
for one year following the termination of employment, he would not compete or provide services in
substantially similar areas. The crux of this non–compete is that it specifically delineates the scope
of the non–compete to Arkansas, Illinois, Iowa, Kansas, Missouri, ... Show more content on
Helpwriting.net ...
Other then fair consideration, there are also other specifications required in order for the covenant to
be enforced. (1) The employer must prove there is a legitimate business interest at risk by the
employee; (2) Public policy must remain unaffected by the covenant; (3) The restrictions of the
covenant must remain reasonable in territory limitations as well as the duration of time the covenant
has an effect on the employee, as long as he or she is able to still make a living. Employers have
taken favor to these provided addendums in employment contracts and given all the requirements
met have seen to be commonly enforced in the court of law. They are often popular in the market of
media–related jobs, or any profession related to exposed entertainment personnel, like radio and
media broadcasting. However, court systems and many states are not in total favor of this anti–
competition covenant, some states have placed their own statutory restrictions on the covenant (ex:
Florida). The state of California has actually ban these restrictive agreements when applied to
employment contracts, unless the contract is under the sell of a business. When presented in court
these covenants not to compete are handled on a case–by–case basis under each states specified
circumstances. In
... Get more on HelpWriting.net ...
Case Analysis : Taser International, Inc. V. Ward Essay
I. Taser International, Inc. v. Ward, Court of Appeals of Arizona, Division 1, May 13, 2010 II. Facts:
The plaintiff Taser International, Inc is a company that produced electronic devices such as stun
guns, and even accessories that are needed with control devices. In addition, the company also
manufactured TASER CAM which is an audio and video recording device that is mostly sold for
military, security and public purposes. The defendant Steve Ward was a vice president of marketing
in the Taser International Inc., who worked full time from January 1, 2004 to July 24, 2007 until the
day he resigned. However, even though he was a full time employee, he was not part of any
employment contract. The defendant Ward was aware of many confidential information and even
trade secrets since he was the vice president of the company which is a very important aspect of the
company. In 2006 Ward thought of getting legal advice on whether he could create an eyeglass–
mounted camera by searching to see if this type of idea was patented already or not. The patent
counsel found an eyeglass–mounted camera already to be patented and then the defendant Ward,
thought about modifying his camera to a clip–on camera. On August 23, 2007 Ward formed his
company known as Vievu LLC in order to get his product of a clip–on camera on to the market. But
before his resignation he investigated more about developing a business plan, and about camera
devices. As a result, Taser Company sued Ward for violating
... Get more on HelpWriting.net ...
The Poor Little Rich Girl Court Trial
Gloria has always been famous since the day she born and she was always in the paper . Her whole
family tree is pretty well known and mostly because of her money. When she was one year old her
dad passed away and her mom and Gloria went away to Paris, France to get away and they stayed
there for a few years. Her mother spent a lot of her money that Gloria's dad left for her, he left me
54,687,861 dollars when he died. That was the start of the "Poor Little Rich Girl'' court trial. Gloria's
aunt wanted to take care of her and to have a better life and her aunt did win custody. Gloria's aunt
her self was an artist. That is when I started to get into art. When Gloria was 17 years old she
married her first husband and dropped out of high school.
... Get more on HelpWriting.net ...
Trial Court Case Study
The trial court erred and abused its discretion in granting the State's motion to admit evidence of
prior uncharged incidents of domestic violence, because the evidence denied Mr. Davis of his rights
to due process of law as guaranteed by the Fifth and Fourteenth Amendments of the United States
Constitution, and Article I, Section 10 of the Missouri Constitution, in that the evidence was more
prejudicial than probative because it was too remote in time to be relevant to the charged crimes and
had a prejudicial effect.
A. Standard of Review
A trial court has broad discretion over questions of relevancy and the admissibility of evidence.
State v. Dunn, 817 S.W.2d 241, 245 (Mo. Banc. 1991). An appellate court cannot reverse unless
abuse is ... Show more content on Helpwriting.net ...
Id.
But such evidence is only relevant if its probative value outweighs its prejudicial effect. Id.
Generally, the "remoteness in time of the other bad acts is ordinarily a factor affecting the weight of
the evidence." State v. Shaw, 847 S.W.2d 768, 778 (Mo. Banc 1993). But when "remoteness is so
great that it erodes the probative value of the evidence, the prejudicial effect outweighs its probative
value and the evidence is not admissible." Id.
For example, in State v. Chiles, the State attempted to put on evidence of a prior crime that occurred
nearly seven years before the crime that the defendant was on trial for. 847 S.W.2d 807, 809 (Mo.
App. W.D. 1992). The Missouri Court of Appeals found that the past crime was too remote to be
relevant to the crime that the defendant was on trial for. Id. Similarly, in Lewis v. State, the Missouri
Court of Appeals found that a ten–year old crime was too remote to be relevant. 806 S.W.2d 89, 93
(Mo. App. W.D. 1991). And in State v. Culter, the Missouri Supreme Court found that a prior crime
that occurred seven to eight years prior to the offense charge was too remote to be relevant. 499
S.W.2d 387, 388 (Mo. Banc 1973).
Here, the trial court allowed multiple witnesses to testify to multiple incidents of past conduct that
were decades old. Amber Casada testified that Mr. Davis abused her mother was she was growing
up, which makes those incidents between twenty to thirty–seven years old (Tr. 497, 509). Cierra
... Get more on HelpWriting.net ...
Intentional Infliction of Emotional Distress
MEMORANDUM
RE: Intentional Infliction of emotional distress Relevant Facts
George worked for the Charlotte Bobcats based in Charlotte, NC. George has a contract that
guarantees his employment with the Bobcats for a period of 5 years. Jerry, who is George's boss,
wants to get rid of him NOW. Jerry resolves to using tactics to make conditions with the Bobcats
uncomfortable for George to entice him to quit. George eventually quits after Jerry turned off his air
conditioner in mid–July and convinced others to not speak to George. Jerry also tapped George's
phone and played his personal conversations over the loud speaker. George sues Jerry for Intentional
infliction of emotional distress.
Issue Presented
Under North ... Show more content on Helpwriting.net ...
In our case, the plaintiff wouldn't be granted compensation for the intentional infliction of emotional
distress because he didn't prove that the behavior of the defendant caused him severe emotional
distress.
Conclusion
In conclusion, under NC law, George is not entitled to compensation for intentional infliction of
emotional
... Get more on HelpWriting.net ...
The System Of Court Trials
"...they are one people, and they have all one language...7Come, let us go down, and confuse their
language there, so they will not understand one another's speech." Genesis: (Chapter 11, Verse 6–7).
The trial of Orestes is used as the explanation for the formation for the court system. "I establish this
tribunal. It shall be untouched by money making, grave but quick to wrath, watchful to protect those
who sleep a sentry on the land." Oresteia: (Eumenides, 704–706). Athena establishes the system of
court trials after its success in resolving Orestes case.
Just as the religion brings the rise of civilisations, so has it brought the fall of many. By introducing
a new religion in to the land of Thebes, Dionysus brings about the destruction of the system of
society present there. "I happened to be away... I've heard of some strange mischief in the town,
stories of women leaning home to frisk in mock ecstasies..." Euripides: (Bacchae, 215–32) Pentheus
returns home to find his world upside down as the women are behaving in a way totally new to him
and disruptive to the set order of things. The bible tells of the fall of Sodom and Gomorrah by God
for their evil deeds. "24Then the LORD rained on Sodom and Gomorrah sulphur and fire from the
Lord out of heaven" Genesis (Chapter 19, Verse 24). An entire city and civilization was destroyed on
the basis of religion and this is a shadow of the purging during Noah's flood as shown earlier. Leads
up to show how religion cannot always be viewed as
... Get more on HelpWriting.net ...
Gm 520 Week 3
Page 1
The problem is found on page 313 of your textbook. Here is it, recapped:
2. Douglas Margreiter was severely injured in New Orleans on the night of April 6, 1976. He was
the chief of the pharmacy section of the Colorado Department of Social Services and was in New
Orleans to attend the annual meeting of the American Pharmaceutical Association. On Tuesday
evening, April 6, Mr. Margreiter had dinner at the Royal Sonesta Hotel with two associates from
Colorado who were attending the meeting and were staying in rooms adjacent to Mr. Margreiter 's in
the New Hotel Monteleone. Mr. Margreiter returned to his room between 10:30 p.m. and 11:00 p.m.;
one of his friends returned to his adjoining room at the same time. Another friend was ... Show more
content on Helpwriting.net ...
M. without any attention or alarm resulting. This is therefore a very fertile ground for the hotels
attorneys to use as a defense. During Mr. M 's treatment, if a blood alchohol was taken and it proved
to be high, this would add to the questionable nature of his story and refute the causation element.
Given, success with the above argument Proximate cause would also not exist.
4. Proximate Cause – for the same reasons as stated above, I dont think proximate cause is
established. However, if Mr. M. was attacked in his room and the attackers did gain access as a
result of the breach then proximate cause would undoubtably exist.
5. Damages – In this case damages unquestionably exist. Mr. M had significant injuries and has
apparently suffered some permanent impacts on his capacity as a result of the episode so the
damages element is satisfied.
2. Applying the facts you have from the case problem above only, lay out a case for negligence
against the hotel. Use the elements to outline the case. Start with the first element, explain what facts
you have for or against that element, and then continue through the five elements of negligence. If
you do not have enough facts to make your case, explain what facts you would need to have in order
to support a case of negligence. (Points : 10)
3. What defense(s) does the hotel have on its side? List (and define) those here. Very briefly state
... Get more on HelpWriting.net ...
Case Study: Nathan Moss V.
I. FACTS The Commonwealth of Massachusetts has charged Nathan Moss (Mr. Moss) with 1 count
of violating a no contact order that Claire Cohen (Ms. Cohen) put out against him. Nathan Moss and
Claire Cohen are both seniors at Plymouth South High School and dated for about 10 months prior
to Ms. Cohen placing a protective order against Mr. Moss. According to Ms. Cohen, during their
time dating Mr. Moss had displayed a few signs of aggressive and jealous behavior. In January of
2016, Mr. Moss kicked a hole through Ms. Cohen's bedroom wall after hearing a few male
acquaintances talking about Ms. Cohen. About a month later, Mr. Moss threw a Kindle Tablet across
Ms. Cohen's bedroom when after seeing pictures of her on Facebook with other male friends. ...
Show more content on Helpwriting.net ...
Kendrick, 841 N.E.2d at 1239. For example, in the Raymond case, the defendant entered upon a
home that he co–owned with his mother while not knowing his ex–wife, the protected party, was
present. Raymond, 766 N.E.2d at 114. The defendant attempted to leave but his sons held him down.
Id. The appeals court had reversed the conviction of violating the no contact order because the jury
was not instructed on the voluntariness of the defendant's act. Id. at 116. The court reasoned that a
person could not be convicted of violating a no contact order if they did not foresee coming into
contact with the protected party and attempted to leave after learning of the protected party's
presence. Id. Contrasting, in the Kendrick case, the defendant had a history of using his dog and car
to lure children into sexual assault. Kendrick, 841 N.E.2d at 1237. Although he conducted himself in
a manner similar to his past offenses of sexual assault on children, he claimed that his close
proximity and contact with children at a car show was merely incidental. Id. at 1239. The court
reasoned that although accidentally coming across the protected party does not constitute a
violation, the defendant failed to remove himself from the situation. Id. In both of these cases, the
court's based their decisions on the conduct of the defendant and what they did once they learned of
the protected party's
... Get more on HelpWriting.net ...
The Case Involving Medical Negligence
1. Introduction
In the case of Gregg v Scott, The House of Lords confronted the issue of financial recovery for the
loss of chance in a case involving medical negligence. By a majority of 3–2, their Lordships refused
to recognize loss of chance as leading to a recovery of damages.
This paper will examine the judgments of Lord Nicholls and Lord Hoffmann. Representing the
dissenting and majority judgment respectively, they have presented a set of arguments that were
most compelling for cases of medical negligence dealing with a loss of chance. This paper will
distinguish the judgments of both Lordships and will examine the reasoning behind their arguments
while finally touching upon criticisms of their respective positions.
2. The ... Show more content on Helpwriting.net ...
In order to have a successful claim for compensation, the claimant had to demonstrate that the
defendant was the factual cause of the loss suffered.
Therefore, the claimant had to argue that, on the balance of probabilities, the negligence of the
defendant was a result of the injury to establish causation. In this case, the injury is the loss of
chance of recovery. The claimant argued inter alia, that even though he was deprived of his recovery
and could not recover damages, he ought to recover for the loss of chance of recovery due to the
negligence on the part of the defendant.
3. History of Litigation
3.1 Trial Court Judgment
The trail court judge explained that Dr. Scott was negligent for failing to show that the growth might
not have been benign. However, the judge ruled that the defendant had breached his duty of care.
On the question of whether the negligence of the defendant was a contributing factor to the claimant
being unlikely to survive ten years, the court held that the claimant would have had no chance to
survive the ten year period, even with treatment.
The trial judge, Judge Inglis, relied on expert evidence at the time of the misdiagnosis that Mr.
Gregg had a 42 per cent chance of survival in a period of 10 years, with 10–year survival being the
'cure'. However, because of the delay in diagnosis, it had reduced Mr. Gregg's prospects to a 25 per
cent. Mr. Gregg argued a 'loss of chance' in court.
... Get more on HelpWriting.net ...
Special Education Case Review : Review
Special education case review Author's name Institutional affiliation In K.M v. Tustin Unified
School District (2013), the plaintiffs were high school students with hearing disabilities and received
services associated with special education under the Individuals with Disabilities Education Act
(IDEA). This eligibility implied that they were eligible for free appropriate public education
(FAPE). The plaintiffs alleged that they were entitled to a word for word transcription service by
their school districts under Title II of the Americans with Disabilities Act (ADA). The plaintiffs had
requested their schools to provide communication access real–time translation to enable them
understand their teachers and fellow students without undue strain. Their requests were denied by
school districts but they were offered alternative accommodations. The plaintiffs had unsuccessfully
challenged the decision to deny the service in state administrative proceedings. Their claims were
that the denial violated IDEA and title II of the ADA. The issues in this case was whether
compliance with obligations to deaf or children with hearing disabilities under the IDEA also
establishes compliance with obligations for effective communications under title II of the ADA. The
IDEA provides that schools must provide children with disabilities free appropriate public education
designed to the individual needs of the child. Title II of the ADA on the other hand provides that no
individual
... Get more on HelpWriting.net ...
Court Cases: The Scottsboro Trial
The Scottsboro Boys were nine African American teenagers accused of raping two White American
women on a train in Alabama in 1931. These were landmark legal cases due to this incident dealing
with racism and the right to a fair trial. The cases included a lynch mob before suspects had even
been indicted, all–white juries, rushed trials, and hostile disruptive mobs. It is often regarded as a
grave example of a miscarriage of justice in the U.S. legal system. The boys were all promptly
arrested and urged into speedy rushed trials. The case was originally heard in Scottsboro, Alabama
with no arraignment or pretrial motions filed due to their trials being rushed as quickly as possible
with very poor legal representation. All the boys excluding, ... Show more content on
Helpwriting.net ...
Maybe I feel that way because of the case I chose due to the time period and the way the law was
imposed differently in the time period for blacks. It didn't really showcase the operation of the court
system when they had rushed trials that at one point lasted only 3 days. This didn't give me the full
body of work of the court system due to the prejudice that not only tainted, but in my mind impeded
justice from fully being served. And lastly, even if it was more to the operation of the supreme court
you wouldn't even know where to start since in this instance laws and trials weren't as thorough in
the defense of black people. You wouldn't even be able to get a full feel of the court systems
operation due to the fact most trials wouldn't get to the point where certain operations or parts of the
court system would need to come into play due to the nature of the rushed
... Get more on HelpWriting.net ...
Court Trials Of Crime: The Judicial System
Unquestionably, televising court trials of crime has become an emerging trend among Western
countries, for acquainting the public with the effectiveness of judiciary system.Although this system
has a plethora of benefits ,its aftermath cannot be denied However, I firmly believe that the benefits
of this system supersede its drawback. To commence on,one of the major advantages of opening
court room to the public is to allow the rights of public information. Clearly, it is the need of the
public to identify and supervise the entire judiciary system .As a result ,of this people can
understood that the legal system is free from corruption or not.An ideal example is the judiciary in
Scotland where,the court trials are broad casting through
... Get more on HelpWriting.net ...
The Trial Of Lizzie Borden : Complex Court Case
The legal system works well even if people criticize it and say that it is flawed and invalid. Some
cases might be hard to understand and hard to solve at first, but in the end, most cases get solved.
People claim that the wrong people get arrested because the legal system does not correctly do its
job. Most cases are actually solved with the correct verdict. The Trial of Lizzie Borden was a
confusing court case with many factors that did not add up at first, but eventually, everything did.
Lizzie Borden was guilty. In Fall River, Massachusetts on August 4 , 1892, the Borden family's
maid, Maggie Sullivan discovered the bodies of Andrew and Abby Borden. The maid was resting in
her bed upstairs after cleaning and heard Lizzie Borden, the ... Show more content on
Helpwriting.net ...
A clerk at the local drug store, Eli Bence stated that Lizzie came into the store and tried to purchase
Prussic Acid, better known as Hydrogen Cyanide, the day before the murder occurred. People do not
usually try to buy Cyanide for common purposes, usually people buy it for murder. The reason she
tried to purchase Cyanide was probably to kill her stepmother, who she did not have the best
relationship with, according to people in the town. She ended up not being able to purchase the
poison, so she probably decided just to use a weapon. She most likely chose an axe, because it was
around the house and she was mad at the fact that she could not buy the poison. The reason she
chopped up her suspects, has direct correlation to all of her built up anger.
The final nail in the coffin for Lizzie Borden was that she was seen burning a blue dress the days
following the murder. Alice Russell, a family friend who stayed at the Borden house after the
murder occurred, stated in court that she saw Lizzie Borden burning a blue dress after the murder
occurred. Lizzie claimed that it had old paint on it and that's why she burned it. A statement that
backed up Alice Russell's statement was that Maggie Sullivan claimed that Lizzie was wearing a
blue dress the morning of the murders. If she murdered her parents in that blue dress that would
explain why she was burning the dress and why the police couldn't find any blood on
... Get more on HelpWriting.net ...
The Court Of Appeals Affirmed The Dismissal
The Court of Appeals affirmed the dismissal. The court concluded that even though there were
"identical floor areas, number of parking spaces, the provision of a public plaza, the use of public
art, and the orientation of the buildings to ensure water views," many of these were standard features
for high–rise developments and could not be protected because they were simply abstract ideas.
Furthermore, there were differences between the two designs including the dimensions of a glass
roof on the building, the absence of ornamental ribbons in the defendant's design, and additional
balconies that were not present in the plaintiff's designs. The court viewed these differences as
substantial enough so that no reasonable person would view the structures as being substantially
similar. As such, the court concluded that even in the pleading stages of litigation (before discovery),
the trial court did not err in dismissing the claim.
Peter highlights the courts' general unwillingness to recognize infringement of architectural works.
There was no doubt that the defendant in Peter had access to the plaintiff's plans (they worked
together previously), and there were certainly some overt similarities in the two developments.
However, the court would not even allow the plaintiff the benefit of discovery because, in its view,
the differences were too substantial. While making such a fact intensive determination at the
pleading stage may be somewhat brash, the nature of "thin"
... Get more on HelpWriting.net ...
Apple vs Samsung
Apple Inc. v. Samsung Electronics Co., Ltd.
From Wikipedia, the free encyclopedia
Apple Inc. v. Samsung Electronics Co., Ltd. was the first of a series of ongoing lawsuits between
Apple Inc. and Samsung Electronics regarding the design of smartphones and tablet computers;
between them, the companies made more than half of smartphones sold worldwide as of July 2012.
[1] In the spring of 2011, Apple began litigating against Samsung in patent infringement suits, while
Apple and Motorola Mobility were already engaged in a patent war on several fronts.[2] Apple's
multinational litigation over technology patents became known as part of the mobile device patent
wars: extensive litigation in fierce competition in the global market for consumer ... Show more
content on Helpwriting.net ...
Samsung has also sued Apple, claiming the iPhone and iPad infringe on Samsung patents.
On Friday, August 31, 2012, The Tokyo District Court ruled that Samsung's Galaxy smartphones
and tablets did not violate an Apple patent on technology that synchronizes music and videos
between devices and servers.[21] The three–judge panel in Japan also awarded legal costs to be
reimbursed to Samsung. Presiding Judge Tamotsu Shoji said: "The defendant's products do not seem
like they used the same technology as the plaintiff's products so we turn down the complaints made
by [Apple]." An unnamed spokesperson for Samsung said: "[We will] continue to offer highly
innovative products to consumers, and continue our contributions toward the mobile industry's
development."[22]
Ronald A. Cass, a legal consultant and former vice chairman of the International Trade Commission,
commented: "I wouldn't expect there to be a lot of judgments like this one." – Quote regards to the
verdict from the American courts not the Japanese courts in reference to how patent disputes are
heard by juries.[21]
[edit]German courts
In August
... Get more on HelpWriting.net ...
Criminal Court Trial Research Paper
When watching crime shows such as Law and Order, individuals are given insight into how criminal
court trials work. However, there are specific details that these shows usually skip because there
boring, but these proceedings tend to be complicated. There are three branches of government that
include: legislative, executive and the judicial branches. The Judicial Branch is the sector of
government that presides over criminal cases and interprets the law. Within the system there are
various courts a person can be tried such as: Criminal Court, Family Court, Civil Court and Supreme
Court. This enables individuals the power to check the judicial system by brining their case to
different courts. Furthermore, each state has their own regulations that must be followed by the
citizens. In New York City Criminal and Supreme court begin to consider children adults when he or
she turns sixteen. Therefore, ... Show more content on Helpwriting.net ...
Thus, family court takes precautions with cases concerning the youth. Once the child turns eighteen
their criminal record is sealed as opposed to when an adult commits a crime (Reuters 1). The
supreme court case of Schall v. Martin established the policy known as prevention detention, which
would safeguard juveniles from future violence (Fagan 419). When a person is tried in family court
there are different regulations the defendant must follow. As opposed to criminal court the main
objection in Family Court is to rehabilitate the youth (Emery 500). Many of the legal cases
presented in Family Court, often motivated by the principle of maintaining the best interest of the
child. However, in the 1960's it became more common to use punishment for children in family
court because they were not learning from their mistakes (Emery 501). Furthermore, when
comparing adults and juveniles, juveniles are not bestowed the same right's as adults in criminal
... Get more on HelpWriting.net ...
Case Study : Foster V. Houston General Ins
Wetig SPED801 Case Briefing 14
1. Name & citation of case:
FOSTER v. HOUSTON GENERAL INS. CO.
NO. 14664.
407 So.2d 759 (1981)
Helen Ann FOSTER, Plaintiff–Appellant–Appellee,
v.
HOUSTON GENERAL INSURANCE COMPANY; Inez Grant; Morehouse Parish School Board;
Horace Mann Insurance Company and Lloyd Gray, Defendants–Appellants–Appellees.
Court of Appeal of Louisiana, Second Circuit.
Writ Denied January 18, 1982.
2. Facts: Explain the essential facts of the case. Tell the story of the case. Robert Foster, age 17, was
a student at the Morehouse Educational Development Center (MEDC), a school for the mentally
retarded. He was chosen a member of MEDC 's Special Olympics basketball team. This was a
school sanctioned activity, with practice sessions ... Show more content on Helpwriting.net ...
In this case, plaintiff Helen Foster brought a wrongful death action after her mentally retarded son
was killed while under the supervision of two teachers, defendants Inez Grant and Lloyd Gray.
3. Decision in administrative hearings and the lower courts: State the decision in administrative
hearings and in the lower court(s). The trial court judge found that "Grant was negligent because of
her failure to provide other transportation, her failure to supervise, her negligent choice of route to
the park and her failure to adequately instruct the students."
In addition, the trial judge found that "Gray was negligent by virtue of his failure to provide
alternate transportation, his failure to wait for Grant before undertaking the trip, his failure to
adequately instruct or supervise his students, and his failure to maintain control over the students."
The trial judge, therefore, entered judgment for plaintiff Foster against defendants Grant and Gray.
Grant and Gray appealed.
4. Rationale: This is a very important part of the case brief. You must explain the gist of the court
ruling, (i.e., why the court arrived at its holding). The appeals court found Grant and Gray owed the
following legal duty of care, including:
 First, the group was not accompanied by a sufficient number of supervisory personnel. This was
evidenced by the precipitating event in this tragic drama – Gray 's loss of control of the group and
the headlong dash of several students on across West
... Get more on HelpWriting.net ...
Civil Litigation In Atlant Case Study
Keywords: Civil litigation in Atlanta, GA, appeals attorney in Atlanta, GA, mediation in Atlanta, GA
A Timeline of Civil Litigation in Atlanta, Georgia Civil litigation in Atlanta, Georgia is often a
lengthy, complex process. For many individuals, civil litigation in Atlanta, Georgia is also confusing
and frustrating. If you are involved in civil litigation, taking the mystery out of the process will
reduce your stress and allow you to focus on the progression of your case. After all, the unknowns of
the legal process are what make it so exasperating to most individuals. The plaintiff is the individual
that files a lawsuit, which is also called a complaint. First, the plaintiff will meet with an attorney to
discuss the facts of the case and why the plaintiff may have the right to sue. The case may be
discussed for several months before ever filing a suit. Attorneys must make sure that claims are
meritorious before a suit is filed. ... Show more content on Helpwriting.net ...
Usually, a process server delivers a copy of the lawsuit in person to the defendants. The defendants
will have a certain period of time in which to respond to the lawsuit, called filing an answer. If the
defendants never respond to the lawsuit, they may be held in default, which means that the plaintiff
may receive the relief requested in the complaint, such as money damages. After an answer has been
filed, the parties engage in discovery, which is the exchange of documents and other evidence that
may be necessary for trial. This process may take months or a year or longer to complete.
Depositions and expert witness reports may also be necessary during discovery. After evidence has
been exchanged, the parties will either attempt to settle or head to trial for a judge and jury to decide
the fate of the case. Why Hire an Appeals Attorney in Atlanta,
... Get more on HelpWriting.net ...
Juvenile Offenders And The Adult Courts For Trial
Tennessee, like many other states, has provisions, provided for in the state laws, for the transfer of
juvenile offenders to the adult courts for trial. The youth court has to follow the procedures, which
are outlined in the statute, to include the minimum age of a juvenile, who is to be transferred to the
adult courts, and the specific crimes for which such a transfer may take place. While I recognize, as
the United States Supreme Court did in Roper v. Simmons, (2005), that children are immature, and
easily led astray, there are times when the protection of the community mandates that certain
juveniles be treated as adults. This should be done on a case by case basis, and only for the most
heinous and violent crimes. In the state ... Show more content on Helpwriting.net ...
This statute also provides for the juvenile having reached their sixteenth birthday, at the time the
crime was committed, except in the cases of first and second degree murder, aggravated rape,
kidnapping, aggravated kidnapping, rape of a child, or an attempt to commit such crimes (Tenn.
Code, 2010). In cases of this nature, Tennessee law does not provide for a minimum age for the
juvenile to be transferred to the adult courts. What this means is that technically, a child of any age,
who commits such violent crimes, can be tried as an adult if the youth court decides to transfer the
case. Consequently, this statute also provides provisions for the housing of such juvenile offenders
in the adult correctional facilities. In subsections 2(h) through 2(j) of Tenn. Code, section 37–1–134,
(2010), mandates that if juveniles have been transferred to the adult courts, and is between 16 and
18 years of age, they are to be detained in an adult correctional facility, but kept separate from adult
offenders, if possible. Upon their conviction, and sentencing, juveniles between 16 and 18 years of
age can be sent to adult prisons, and kept separate from adult offenders, at the discretion of the
corrections commissioner. All juveniles, under the age of 16, who have been transferred to the adult
courts, and subsequently convicted, are to be housed in a juvenile detention facility until their
sixteenth
... Get more on HelpWriting.net ...
The Trial Stage Of The Court
If a plea agreement is not reached, then the process moves to the motions phase. During this time,
the defense and prosecution can file pretrial motions to suppress evidence due to faulty police line–
ups, coerced confessions, and illegal search and seizures. Once all pretrial motions are filed, the
process moves to the trial stage. The trial stage is where the case, from the prosecution and defense,
is presented to the jury for their deliberation of the verdict.
During the motions stage of the process, discussed about, Mr. Blackbeard's defense will submit
motions regarding the clothing found in the alcove, the rifle, the handbag, canister containing the
quarters, and the bloody towel. The defense will argue that the police did not have a warrant to
search Mr. Blackbeard's sleeping quarters and that he has the right to expect privacy in the area
where he was sleep and kept his belongings. This would be a violation of the Fourth Amendment,
which is "the right of the people to be secure in their persons, houses, paper, and effects, against
unreasonable search and seizures, shall not be violated...". The defense will argue that the police did
not have consent, nor probable cause to search the vehicle which resulted in the discovery of Ms.
Lovely's purse, canister containing quarters, and the bloody towel. In response to the rifle, the
defense will argue that the police had no warrant or probable cause to collect the rifle. While the
police were at the scene where Mr.
... Get more on HelpWriting.net ...
Jdt1 Task 1
Lester Smith (Smith) has owned a 20–acre parcel of land in the City of Lilliput, Minnesota since
1980. Seven acres consist of wetland, and on the remaining 13, Mr. Smith has built a large house, a
barn, and an outdoor horse–riding arena that he operates as a business. In 2005, Smith decided to
build a second barn including an indoor riding arena.
While reviewing the site plan, city staff noticed that the proposed barn was within 75 feet of Smith's
7–acre wetland. A State of Minnesota statute, adopted in 1985, required government municipalities
to establish "a minimum 50 foot buffer as the standard for protecting water quality" in state
wetlands. Lilliput enacted this policy, but in 1990 the city increased the size of the buffer to 150 feet
from a surface wetland. This was based upon City Council concerns that Lilliput's heavy farming
and cattle ranching could pose a threat to the preservation of the wetlands. During the review
process, Smith claimed that a city staff member informed him that the new barn did not qualify as
"structure" (under the state and city statute, the buffer zone only applied to structures). However, in
final review, the City Council denied Smith's ... Show more content on Helpwriting.net ...
Based on research completed by University of Minnesota soil scientists, the state mandates that
every wetland should be protected by a 50–foot buffer zone. The City of Lilliput, a rural town
located 30 miles north of St. Cloud, Minnesota, increased the buffer zone to150 feet in1990 within
their municipality. The rationale behind Lilliput's increase was because the town is zoned for
predominantly rural uses, i.e. farming and cattle ranching. Due to the animal wasted and farmers'
use of pesticides on their crops, the Town Council felt that increasing the buffer around surrounding
wetlands would better protect it from these sources of contamination than would the state minimum
of 50
... Get more on HelpWriting.net ...
The Marriage Of Dougall, The Trial Court's Court
In regarding the Marriage of Dougall, appellant Richard Dougall appeals the trial court's denial of
his motion for reconsideration challenging their post–dissolution–decree order of spousal
maintenance arrearages to appellee Myrna Dougall. He argues that Arizona Revised Statute 25–530
prevents the court from considering Veterans Administration (VA) disability benefits as income
when calculating and determining the payment of arrearages of an award of spousal maintenance. A
Brief History of the Case: In Re the Marriage of Richard S. Dougall, Petitioner/Appellant, and
Myrna R. Dougall, Respondent/Appellee The marriage between the two parties involved (Richard S.
Dougall and Myrna R. Dougall) was dissolved in 2008 with the dissolution decree ordering Richard
to pay Myrna $750 per month in spousal maintenance. Each of the two parties was also awarded one
half interest in two parcels of property. Richard was ordered by the court to obtain appraisals and
pay a fair share of the equity (as designated by the court's property division assessment) to Myrna.
In 2011, the court entered two judgments against Richard for failing to comply with obligations set
down in the court order. A $5,000 judgment represented Myrna's interest in one of the properties.
The second judgment for $4,745 represented spousal maintenance arrearages. The court also
reduced Richard's spousal maintenance obligation to $500 per month effective August 2011. In
August 2012, Myrna filed a petition to enforce the
... Get more on HelpWriting.net ...
Cja/224 Court History and Purpose Paper
Court History and Purpose. The courts are a critical component of American criminal justice
because they determine what should happen to people charged with violating the law. Courts are
important beyond criminal justice, too. Disputes that arise between private parties, businesses,
government officials, and the like are brought to court in order to ensure that they are heard, ideally,
in a neutral forum (Siegel, Schmalleger, & Worrall, 2011). Succeeding in liberation and
independence is difficult within the world and as simple as legally right and legally wrong. Courts
emphasize on the power of the state and the legitimate use of force and protect people against the
random use of legislative authority. The tension among the general ... Show more content on
Helpwriting.net ...
The dual court system permits the federal administration restricted access into each jurisdiction
problems and state law is not allowed to be involved in the federal judicial system, without there
being some type of encounter at the state or federal stages. Federal courts have the authority to
resolve only the cases in which the Constitution allows them to have power over. These types of
courts are to be found in the bigger only; specific cases are allowed to be received within the federal
courts. For instances, the cases that are allowed to be viewed in the federal courts are cases that
include the United States government and other officers that are being sued. The dual court system
is not the only part of the story, each level there is a different court chain of command. States often
have limited jurisdiction courts, such as traffic courts, trial courts and appellate courts, and supreme
courts (Siegel, Schmalleger, & Worrall, 2011). Each trial court adjudicates different offenses.
Appellate courts consider different matters depending on where they lie in the court hierarchy.
Appeals from state courts can sometimes be heard in the federal courts. Higher–level courts can
control the actions and decisions of lower courts, but not the other way around. Despite the apparent
complexity, each court has its place. The main focus of the court system is to uphold the law, protect
citizens and their rights and resolving
... Get more on HelpWriting.net ...
Case Study: Civil Court Trial
Most legal claims that stem from injuries or accidents don't rise to the level of a civil court trial. In
fact, they are usually resolved at an earlier stage during the litigation process through settlement
negotiations that occur among the parties involved in the case. At times, an informal settlement can
occur prior to any lawsuit even being filed. The person who plans to file a lawsuit, "the plaintiff",
agrees to waive their right to seek any further legal action pertaining to the injury or the accident in
exchange for an agreed upon payment of a financial amount to be paid by the defendant or an
insurance company once an agreement has finally been reached though a settlement that is desirable
to all the negotiating parties. However, ... Show more content on Helpwriting.net ...
Typical Concerns
Undesirable Scrutiny to Either Party
Typically, civil court trials are publicly accessible, which permits scrutiny and media coverage.
Undesirable personal information could come to light at trial or during the discovery process.
Confidential information or trade secrets can be disclosed during a trail.
Consider when your case will likely be called to trial and the approximate trial length.
The Opposing Lawyer's Negotiation Technique
Your lawyer might have negotiated with the opposing lawyer previously, or has consulted other
lawyers to gauge what he or she should expect in a case, and the zealousness of your opposing party
to gain a desirable negotiation on their own part.
Have You Been Offered a Settlement? Secure Legal Assistance!
As a lawsuit party, you exclusively, are the party to make the final decision about accepting and
agreeing to the final settlement terms, but be mindful that he counsel on the other side holds an
obligation to act in the best interest of his or her client(s), which very likely means you'll be offered
the lowest amount possible. If this isn't in your best interest, it's smart to seek legal advice from an
experienced civil attorney. If you require legal assistance regarding a settlement offer, don't hesitate
to contact a personal injury lawyer for a complementary
... Get more on HelpWriting.net ...
Essay on A Hoax in Court: The Trial of Socrates
Albert Einstein quoted, "In matters of truth and justice, there is no difference between large and
small problems, for issues concerning the treatment of people are all the same" (Brainy Quote).
Were justice and truth a part of Socrates' trial? The primary question is: what is justice? According
to Merriam–Webster dictionary, the definition of justice is: "the administration of law, especially the
establishment or determination of rights according to the rules of law or equity." Meletus brought an
elder man to court for corrupting the youth and for refusing to believe in the gods of the city. 501
Athenian male residents observed as the jury to magistrate and center their decisions off Meletus's
accusations and Socrates' defense to ... Show more content on Helpwriting.net ...
– The Councillors, also. But, Meletus, what about the assembly? Do members of the assembly
corrupt the young, or do they all improve them? – They improve them. All the Athenians, it seems,
make the young into fine good men, except me, and I alone corrupt them" (Apology 28). It should
take the child's peers, friends, and parents, as well as their teachers to transform their impression of a
certain issue or idea of the gods. Young children are first introduced to religion by their parents, and
next begin school transferring the greater influence to the teachers and friends of the student. No one
person can essentially "corrupt" the youth, but instead, there must be supplementary sources at fault.
Likewise, how can one elder man harm adolescents for several years, and just now endure
conviction a few years before his own death? Generally, when a person commits a crime, the
prosecutor representing society would bring the charge against the defendant immediately following
the offense. Socrates had been preaching his knowledge and insight of the gods for many years at
this point.
Later in his defense Socrates states, "If I corrupt some young men and have corrupted others, then
surely some of them who have grown older and realized that I gave them bad advice when they were
young should now themselves come up here to accuse me and avenge themselves" (Apology 36).
However, at this moment in
... Get more on HelpWriting.net ...
Court/Trial Advocacy Proposal (LSBA)
Based on the polish's 2013 ABA–required disclosures, 65. 1% involving the standard of 2013
received full–time, long–term, pub passage–required brand ennead many weeks immediately after
college, not including unaccompanied practitioners. In 1904, LSU built–in regulation tutor Persona
T. Village, exactly who previous were being the foundation leader involving Louisiana
Technological Lincoln subsequently, grew to be the particular excellent to own organization of any
regulation improve from LSU. Legislation constructing found fruition inside 1906, low LSU leader
Poet Duckett Boyd, using cardinal development learners. Since 1924, the particular LSU Law
Position has become a person in the particular Tie up involving Soil Law Educational institutions ...
Show more content on Helpwriting.net ...
In addition, it stratified yesteryear LSU Law Depository physique 5 reinforced in measures
reportable towards the ABA by simply all ABA–approved regulation colleges. In 2011, the law
Bring up obtained 1, 437 apps for that T. Deb. /C. T. offer on an enrollment accumulating involving
239. The particular on–going first–year persons includes graduates through 70 universites and
colleges through the entire persons. Women wide variety upwards 49% of the year, 51% are men.
Concerning 35% of the type of 2014 came from unlikely Louisiana representing 21 other folks
declares, Unpartitioned Declares Virgin Islands, Creator, and Dishware. Based on the Law Center's
authorized 2013 ABA–required disclosures, 65. 1% of the Piling up involving 2013 received full–
time, long–term, pub passage–required state cardinal many weeks immediately after quantification,
not including solo–practitioners. The particular civilize's Law Polish Ikon under–employment assess
will be 10. 6%, indicating the particular proportion of the Kind of 2013 terminated, chasing a
different honour, or perhaps in the non–professional, short–term, or perhaps part–time career digit
many weeks immediately after
... Get more on HelpWriting.net ...

More Related Content

More from Erica Baldwin

Example Of An Introduction For A Research Paper 4 S
Example Of An Introduction For A Research Paper 4 SExample Of An Introduction For A Research Paper 4 S
Example Of An Introduction For A Research Paper 4 SErica Baldwin
 
Commentary Essay Examples Telegraph
Commentary Essay Examples TelegraphCommentary Essay Examples Telegraph
Commentary Essay Examples TelegraphErica Baldwin
 
How To Make A Scientific Report. How Do You Write A
How To Make A Scientific Report. How Do You Write AHow To Make A Scientific Report. How Do You Write A
How To Make A Scientific Report. How Do You Write AErica Baldwin
 
Writing Stationary Paper Set Letter Writing Paper Letter
Writing Stationary Paper Set Letter Writing Paper LetterWriting Stationary Paper Set Letter Writing Paper Letter
Writing Stationary Paper Set Letter Writing Paper LetterErica Baldwin
 
How To Write A Conclusion Paragraph E
How To Write A Conclusion Paragraph EHow To Write A Conclusion Paragraph E
How To Write A Conclusion Paragraph EErica Baldwin
 
College Essay Essay Generator
College Essay Essay GeneratorCollege Essay Essay Generator
College Essay Essay GeneratorErica Baldwin
 
Position Essay. WHO Position Papers On Vaccin
Position Essay. WHO Position Papers On VaccinPosition Essay. WHO Position Papers On Vaccin
Position Essay. WHO Position Papers On VaccinErica Baldwin
 
How To Write A Hook Essay
How To Write A Hook EssayHow To Write A Hook Essay
How To Write A Hook EssayErica Baldwin
 
Decorative Writing Paper Lined Stationery Printable
Decorative Writing Paper Lined Stationery PrintableDecorative Writing Paper Lined Stationery Printable
Decorative Writing Paper Lined Stationery PrintableErica Baldwin
 
Semi-Structured Interview Analysis
Semi-Structured Interview AnalysisSemi-Structured Interview Analysis
Semi-Structured Interview AnalysisErica Baldwin
 
Religious Religion Essay
Religious Religion EssayReligious Religion Essay
Religious Religion EssayErica Baldwin
 
Organizational Change Plan
Organizational Change PlanOrganizational Change Plan
Organizational Change PlanErica Baldwin
 
Builders In The Eighteenth-Century America
Builders In The Eighteenth-Century AmericaBuilders In The Eighteenth-Century America
Builders In The Eighteenth-Century AmericaErica Baldwin
 
Diseases Caused By The Protozoan Parasites Cryptosporidium...
Diseases Caused By The Protozoan Parasites Cryptosporidium...Diseases Caused By The Protozoan Parasites Cryptosporidium...
Diseases Caused By The Protozoan Parasites Cryptosporidium...Erica Baldwin
 

More from Erica Baldwin (20)

Example Of An Introduction For A Research Paper 4 S
Example Of An Introduction For A Research Paper 4 SExample Of An Introduction For A Research Paper 4 S
Example Of An Introduction For A Research Paper 4 S
 
Commentary Essay Examples Telegraph
Commentary Essay Examples TelegraphCommentary Essay Examples Telegraph
Commentary Essay Examples Telegraph
 
How To Make A Scientific Report. How Do You Write A
How To Make A Scientific Report. How Do You Write AHow To Make A Scientific Report. How Do You Write A
How To Make A Scientific Report. How Do You Write A
 
Writing Stationary Paper Set Letter Writing Paper Letter
Writing Stationary Paper Set Letter Writing Paper LetterWriting Stationary Paper Set Letter Writing Paper Letter
Writing Stationary Paper Set Letter Writing Paper Letter
 
How To Write A Conclusion Paragraph E
How To Write A Conclusion Paragraph EHow To Write A Conclusion Paragraph E
How To Write A Conclusion Paragraph E
 
College Essay Essay Generator
College Essay Essay GeneratorCollege Essay Essay Generator
College Essay Essay Generator
 
Position Essay. WHO Position Papers On Vaccin
Position Essay. WHO Position Papers On VaccinPosition Essay. WHO Position Papers On Vaccin
Position Essay. WHO Position Papers On Vaccin
 
How To Write A Hook Essay
How To Write A Hook EssayHow To Write A Hook Essay
How To Write A Hook Essay
 
Decorative Writing Paper Lined Stationery Printable
Decorative Writing Paper Lined Stationery PrintableDecorative Writing Paper Lined Stationery Printable
Decorative Writing Paper Lined Stationery Printable
 
Hi Dona Case Study
Hi Dona Case StudyHi Dona Case Study
Hi Dona Case Study
 
Semi-Structured Interview Analysis
Semi-Structured Interview AnalysisSemi-Structured Interview Analysis
Semi-Structured Interview Analysis
 
Igbo Culture
Igbo CultureIgbo Culture
Igbo Culture
 
Religious Religion Essay
Religious Religion EssayReligious Religion Essay
Religious Religion Essay
 
Organizational Change Plan
Organizational Change PlanOrganizational Change Plan
Organizational Change Plan
 
Context Of Family
Context Of FamilyContext Of Family
Context Of Family
 
Wingtip Toys Essay
Wingtip Toys EssayWingtip Toys Essay
Wingtip Toys Essay
 
Builders In The Eighteenth-Century America
Builders In The Eighteenth-Century AmericaBuilders In The Eighteenth-Century America
Builders In The Eighteenth-Century America
 
Diseases Caused By The Protozoan Parasites Cryptosporidium...
Diseases Caused By The Protozoan Parasites Cryptosporidium...Diseases Caused By The Protozoan Parasites Cryptosporidium...
Diseases Caused By The Protozoan Parasites Cryptosporidium...
 
Faceoff Case Study
Faceoff Case StudyFaceoff Case Study
Faceoff Case Study
 
Danshui
DanshuiDanshui
Danshui
 

Recently uploaded

Crayon Activity Handout For the Crayon A
Crayon Activity Handout For the Crayon ACrayon Activity Handout For the Crayon A
Crayon Activity Handout For the Crayon AUnboundStockton
 
AmericanHighSchoolsprezentacijaoskolama.
AmericanHighSchoolsprezentacijaoskolama.AmericanHighSchoolsprezentacijaoskolama.
AmericanHighSchoolsprezentacijaoskolama.arsicmarija21
 
What is Model Inheritance in Odoo 17 ERP
What is Model Inheritance in Odoo 17 ERPWhat is Model Inheritance in Odoo 17 ERP
What is Model Inheritance in Odoo 17 ERPCeline George
 
Hierarchy of management that covers different levels of management
Hierarchy of management that covers different levels of managementHierarchy of management that covers different levels of management
Hierarchy of management that covers different levels of managementmkooblal
 
Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdf
Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdfLike-prefer-love -hate+verb+ing & silent letters & citizenship text.pdf
Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdfMr Bounab Samir
 
Proudly South Africa powerpoint Thorisha.pptx
Proudly South Africa powerpoint Thorisha.pptxProudly South Africa powerpoint Thorisha.pptx
Proudly South Africa powerpoint Thorisha.pptxthorishapillay1
 
Procuring digital preservation CAN be quick and painless with our new dynamic...
Procuring digital preservation CAN be quick and painless with our new dynamic...Procuring digital preservation CAN be quick and painless with our new dynamic...
Procuring digital preservation CAN be quick and painless with our new dynamic...Jisc
 
Introduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptxIntroduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptxpboyjonauth
 
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPTECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPTiammrhaywood
 
Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17Celine George
 
Roles & Responsibilities in Pharmacovigilance
Roles & Responsibilities in PharmacovigilanceRoles & Responsibilities in Pharmacovigilance
Roles & Responsibilities in PharmacovigilanceSamikshaHamane
 
Capitol Tech U Doctoral Presentation - April 2024.pptx
Capitol Tech U Doctoral Presentation - April 2024.pptxCapitol Tech U Doctoral Presentation - April 2024.pptx
Capitol Tech U Doctoral Presentation - April 2024.pptxCapitolTechU
 
DATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersDATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersSabitha Banu
 
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdfssuser54595a
 
Historical philosophical, theoretical, and legal foundations of special and i...
Historical philosophical, theoretical, and legal foundations of special and i...Historical philosophical, theoretical, and legal foundations of special and i...
Historical philosophical, theoretical, and legal foundations of special and i...jaredbarbolino94
 
Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Educationpboyjonauth
 
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdfFraming an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdfUjwalaBharambe
 
Full Stack Web Development Course for Beginners
Full Stack Web Development Course  for BeginnersFull Stack Web Development Course  for Beginners
Full Stack Web Development Course for BeginnersSabitha Banu
 

Recently uploaded (20)

Crayon Activity Handout For the Crayon A
Crayon Activity Handout For the Crayon ACrayon Activity Handout For the Crayon A
Crayon Activity Handout For the Crayon A
 
AmericanHighSchoolsprezentacijaoskolama.
AmericanHighSchoolsprezentacijaoskolama.AmericanHighSchoolsprezentacijaoskolama.
AmericanHighSchoolsprezentacijaoskolama.
 
What is Model Inheritance in Odoo 17 ERP
What is Model Inheritance in Odoo 17 ERPWhat is Model Inheritance in Odoo 17 ERP
What is Model Inheritance in Odoo 17 ERP
 
Hierarchy of management that covers different levels of management
Hierarchy of management that covers different levels of managementHierarchy of management that covers different levels of management
Hierarchy of management that covers different levels of management
 
Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdf
Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdfLike-prefer-love -hate+verb+ing & silent letters & citizenship text.pdf
Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdf
 
Proudly South Africa powerpoint Thorisha.pptx
Proudly South Africa powerpoint Thorisha.pptxProudly South Africa powerpoint Thorisha.pptx
Proudly South Africa powerpoint Thorisha.pptx
 
Procuring digital preservation CAN be quick and painless with our new dynamic...
Procuring digital preservation CAN be quick and painless with our new dynamic...Procuring digital preservation CAN be quick and painless with our new dynamic...
Procuring digital preservation CAN be quick and painless with our new dynamic...
 
Introduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptxIntroduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptx
 
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPTECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
 
Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17
 
Roles & Responsibilities in Pharmacovigilance
Roles & Responsibilities in PharmacovigilanceRoles & Responsibilities in Pharmacovigilance
Roles & Responsibilities in Pharmacovigilance
 
Capitol Tech U Doctoral Presentation - April 2024.pptx
Capitol Tech U Doctoral Presentation - April 2024.pptxCapitol Tech U Doctoral Presentation - April 2024.pptx
Capitol Tech U Doctoral Presentation - April 2024.pptx
 
DATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersDATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginners
 
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
 
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
 
Historical philosophical, theoretical, and legal foundations of special and i...
Historical philosophical, theoretical, and legal foundations of special and i...Historical philosophical, theoretical, and legal foundations of special and i...
Historical philosophical, theoretical, and legal foundations of special and i...
 
Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Education
 
OS-operating systems- ch04 (Threads) ...
OS-operating systems- ch04 (Threads) ...OS-operating systems- ch04 (Threads) ...
OS-operating systems- ch04 (Threads) ...
 
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdfFraming an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
 
Full Stack Web Development Course for Beginners
Full Stack Web Development Course  for BeginnersFull Stack Web Development Course  for Beginners
Full Stack Web Development Course for Beginners
 

Court Trial Essay

  • 1. Court Trial Essay The criminal trials I attended at the Boone County Courthouse where very interesting because it was not the first time ever being in a courthouse and courtroom. I have seen some courtrooms through videos of trials or pictures from high profile cases such as the shooter in Colorado who opened fire in a movie theater during Batman in 2012 and I have been to a small courthouse in Calvert County Maryland. The difference between these two courtrooms was the size and number of people present. At the Boone County Courthouse the room was small and had a large amount of people ready to see the Judge. Some of the people present included: the Bailiff, who did his job by making sure everyone had a seat, was situated and quiet during the court ... Show more content on Helpwriting.net ... This sentencing was in response to the multiple times this gentleman was charged with the same crime. The difference between the Bonne County court and the Calvert County court is the size and how quickly cases where moved through the system. In the Calvert County courtroom I sat and watched the cases where processed slow and meticulous even the requests for a change of date moved slowly. While in attendance in Calvert County I heard the judge ask how defendants mothers or families where and even postpone court dates or sentencing so farmers could bring crops in or so people could attend family functions. Even the sentencing was odd back home people could get sentenced to just weekends or even just nights in jail I heard one sentence where someone had to spend every weekend in jail for the next year, which I thought was strange but the judge said after the sentence that it was to keep the farms working. In Boone County the courtroom seemed more formal and less personal than a small town. The judge only cared for the rule of law and not about family matters or the occupation of the defendant and this is the way a judge should act in my opinion. The personal approach that judges take in Calvert County compared to Boone County is more influential than an impersonal approach because people do not want to be seen as just a number. A friend of mine who saw his day in court in Calvert County said that the judge was very friendly and ... Get more on HelpWriting.net ...
  • 2.
  • 3. The Court Of A Bench Trial Essay Our judicial system works hard every day to uphold the rule of law. Whether you are sitting in on a case, watching Court TV, watching legal based movies, or whatever it may be, you notice that there are different parties and people involved in the whole charade. There are different jobs within our court system that coincide with each other to keep our courts strong and orderly. These jobs include: judge, bailiff, stenographer, jury, clerk, and prosecuting attorney. These different jobs have specific duties that help the court system thrive. Judges decide on the verdict if there is a bench trial. A bench trial is a trial by a judge as opposed to a trial by jury (Reuter, 2016). In a bench trial, the judge is an unbiased third–party advocate for justice. He or she determines the appropriate punishment and sentence those convicted of crimes (Reuter, 2016). A judge takes on a couple of roles in a bench trial such as, that of the referee who rules on the admissibility of evidence and decides questions of law, and that of the finder of fact which ultimately determines how much weight to give the testimony of different witnesses and the credibility of the evidence (American Bar Association, n.d.). Some cases must be handled by a judge in a bench trial. A federal judge who presides may be an Article III, Judge or a Magistrate Judge (Gray,Ritter, & Graham, P.C., 2015). An Article III, Judge is a judge of the United States Supreme Court, the federal court of appeals and district ... Get more on HelpWriting.net ...
  • 4.
  • 5. Analysis Of Devin Copeland V. Justin Bieber "Somebody to Love": Devin Copeland v. Justin Bieber As an artist, the protection of all intellectual property created for distribution should be a priority. The type of protection this case focuses on is the protection granted by copyright. When a piece of work is copyrighted, the copyright grants the creator the exclusive right to use and distribute the piece for the duration of their life plus 70 years. As a creator, copyrighting completed art before disclosing the art with any other interests is very beneficial when proving ownership in a federal court proceeding. Devin Copeland v. Justin Bieber is a case that is based around the copyrights to a song entitled "Somebody to Love". The facts will be introduced, followed by the issues that arose in court, then the courts analysis of those issues, closing with the lessons learned to be applied to the future of Planet Florida Artist Managements business ventures. Devin Copeland was an aspiring artist who had a dream of getting a record deal. In 2008, Copeland finished work on an album, which he registered for copyright later the same year. "The next year, Copeland says he met with representatives from Sangreel Media and they were interested in promoting some of the songs from the album which included 'Somebody to Love'" (Mackinley, 2015). Sangreel Media then sent a promotional copy of the CD to several artists in their network, including Usher Raymond. Usher's manager contacted Copeland about going on tour with Usher. The ... Get more on HelpWriting.net ...
  • 6.
  • 7. Old Chief V. US Supreme Court Case Study In the case of Old Chief v. United States, 519 U.S. 172 this report found that the Appellate Court error in his judgment and vacated its judgment and gave a judgement of summary the future proceedings. According to the rule of evidence According to the rule of Federal evidence 403 on the theory that the unfair prejudice to him would substantially outweigh the evidence's probative value. The under Rule 403 of the Federal Rules of Evidence, by allowing the government, in order to prove the prior–conviction element of the 922(g)(1) charge, to introduce a record of a prior conviction for assault resulting in serious bodily injury, for which conviction the accused was sentenced to 5 years' imprisonment, because the risk of unfair prejudice to ... Show more content on Helpwriting.net ... Collins, 68 Cal. 2d 319 the Federal rulesWere not applied. The rul 401 test of relevant evidence Was not applied to the case at all. The rule of evidence that they applied was California rule 211 which does not equal under the rule 401 of federal law. The rule 211Ca is based on The rule of mathematics EvidenceWhich was an unfair advantage to the defense team. The rule of 402 of General assembly of relevant evidence To provide Subsequential Standing of what the evidence Picture should be was not Presented In this case. Instead The court applied CA rule 211(a) Which also is based on mathematical deduction Which gives unfair advantage of due process to the defendant And subsequently establishing links to the evidence. The rule 403 Excluding Relevant for Prejudice, Confusion, Waste of Time, or other reasonsUsher is where the judge May exclude Evidence Projecte most unfair evidence and prejudicial and prejudicial evidence of the sequential prohibits value streamline and waste of time that should not be entered into the court directed so that the defendant may have a fair trial.Applebee's Rule of evidence 403 has been applied To the court records. The trial can proceed in a very timely manner Based on the evidence picture To the jury To make a decision on the persons in the scent of guilt based on persuasion argument That both attorneys will provide at trial And a fair Even playing field. Where in these case Evidence of which presented ... Get more on HelpWriting.net ...
  • 8.
  • 9. National Business Forms And Printing Essay Statement of Facts: National Business Forms & Printing, INC. located in Navasota, Texas; is a printing commercial business that sells signs, stickers, banners, and other printing goods. NBFP's main services are offered through two online websites. National Business Forms & Printing sold to affiliated and nonaffiliated customers, using several logos of known car dealerships. One of those dealerships was Ford Motor Company (Ford). Ford was not complied with NBFP doing business with its logo, and as a result sent NBFP a "cease–and desist letter." In such letter, Ford demanded NBFP to pay $5000 for damages and to stop commercializing with the Fords Logo. Instead of abiding to Ford's demand, NBFP decided to sue Ford in a Texas State Court looking for a "declaration". Ford, on the other hand, countersued NBFP in the U.S. District Court of Southern District of Texas. Ford alleged that NBFP committed trademark infringement, counterfeit of Ford's product (logo), and "false designation". The U.S District Court of Texas separated Ford's claims into four categories. First, NBFP's advertising material for Ford's associated dealers. Second, advertising material for "independent dealers;" third, a custom logo made by NBFP using an oval similar that stated "NO BIG 3 BAILOUT;" fourth, remaining products that NBFP sold that could be connected to Ford. The District court denied judgment as a matter of law on the first three categories. On the other hand, it allowed judgment on the fourth ... Get more on HelpWriting.net ...
  • 10.
  • 11. The Court Of The Trial Chapter One The judge looked over the jury, then back at the defendant, a young man of about 20 years of age, and then at the prosecutor, a woman with spiky brown hair and black glasses. The trial had started two hours ago, with a recess one hour after it started. The recess lasted 10 minutes, and then started back up after people could gather their pieces of evidence. There had been so much evidence defending the young man, but in the end, the prosecution had enough to prove their point. The judge declared the young man guilty, and he was taken away. He screamed and struggled, but the guards removed him from the courtroom and delivered him to the prison. Only two weeks ago, a young woman was murdered at her apartment. The woman's name was ... Show more content on Helpwriting.net ... "Hi, is there something I can help you with?" The man asked, quite obviously scared out of his mind. "Yes, in fact, there is something you can help us with." The woman said. The woman pulled out a notebook with samples of hair, fingerprints, and multiple other pieces of evidence. "Sir, you've been suspected to be the murderer of Christine O'Donovan. I'm afraid you're going to have to come with us." The man whispered something, looking upset. He walked out of his apartment, standing next to the police before all but one of the cops filed into different police cars and drove away. The man stood there with the woman and the last cop, looking terrified. The man occasionally glanced over at the police officer, freaked out, before attempting to start a conversation. "So, I'm supposed to be leaving the very place I live, and I don't even know your name." The woman adjusted her glasses, tapping something on the side and staring, before answering him. "They call me Agent Waters." She said, annoyed that she was wasting her time coming here. Small puffs of smoke were coming from the tips of her hair. The man stood there, confused about how her hair seemed to be igniting in flames. "A–Are you ok? Your hair is kind of... burning." "Yes, I'm fine." Waters ... Get more on HelpWriting.net ...
  • 12.
  • 13. Trial Court Case Summary I. Did the trial court err when it did not deem as admitted facts the allegations made by the Defendant in his Seconded Amended Complaint in accordance with MD Rule 2–323(e), which caused a violation of the Defendant's fourteenth amendment rights? II. Did the trial court err in its determination that, under the Child Support Guidelines, as provided in § 12–204(i)(1), that the Defendant should contribute to private school via his child support payment when it failed to perform any factor in enumerated in Witt v. Ristaino, 118 Md. App. 155? III. Did the trial court err in its determination that, under the Child Support Guidelines, as provided in § 12–204(i)(1), that the Defendant should contribute to private school via his child support payment ... Get more on HelpWriting.net ...
  • 14.
  • 15. The Action For Declaratory Relief One such instance where a declaratory judgment does not generally serve a useful purpose or terminate controversy is where there is another action pending in a different courts involving the same issues. Indeed, generally "courts will not entertain a declaratory judgment action if there is pending, at the time of the commencement of the action for declaratory relief, another action or proceeding involving the same parties and in which the identical issues that are involved in the declaratory action may be adjudicated." Waicker v. Colbert, 347 Md. 108, 113 (1997). This rule rests on the principle that, "[w]ere an action or proceeding is already pending in another forum involving the same issues, it is manifestly unwise and unnecessary to ... Show more content on Helpwriting.net ... Denmead, 22 Md. 135, 145 (1864) (quoting Brooks, supra, 1 Md. Ch. 351). This rule survives in the context of a declaratory judgment action out of recognition that the declaratory judgment is distinguishable from other judgments because "courts are empowered to adjudicate upon disputed legal rights whether or not further relief is or could be claimed." Edwin M. Borchard, The Uniform Declaratory Judgments Act, 18 Minn. L. Rev. 239 (1934). In order for declaratory judgments to retain the procedural requisites of justiciability: two principal criteria guid[e] the policy of rendering declaratory judgments . . . (1) when the judgement will serve a useful purpose in clarifying and settling the legal relations in issue, and (2) when it will terminate and afford relief from the uncertainty, insecurity, and controversy giving rise to the proceeding. It follows that when neither of these results can be accomplished, the court should decline to render the declaration prayed. Id. at 265. Pursuant to these principles, Maryland Courts have generally held that the practical purposes of the declaratory judgment are ill–served when a court makes a declaration while an action involving similar issues are pending before another court. In A. S. Abell Co. v. Sweeney, 274 Md. 715 (1975), the Court of Appeals quoted Professor Borchard in ... Get more on HelpWriting.net ...
  • 16.
  • 17. Complex Court System There are two court systems that make up a complex judicial system in the United States of America; these are the States courts and Federal courts. The system is designed to interpret the US constitution to the citizens. The outcomes of the Federal and the States courts' cases vary depending on the type of the case. To understand how the court system works and the outcome of court cases, it is important to focus on a court case sample. The felonies case of Illinois versus Wardlow filed in 2000 describes the case of Chicago police officers who arrested Wardlow after they find him with a gun in a crime–prone area. In their course of routine patrols of the said high–crime area, the police converge on Wardlow who was carrying an opaque bag. On ... Show more content on Helpwriting.net ... The FOID Act works in that state alone and would not hold in a federal court because no one is prohibited from owning a gun except as restricted by the 1968 Gun Control Act under Federal laws (Scheb, 2015). Trial Courts are allowed to handle a number of cases in which a judge or the jury listens to testimonies and evidence, and passes a verdict in relation to the facts provided. It is within the jurisdiction of the court to handle all civil cases pertaining to probate, family, juvenile, among others, criminal cases including infractions, misdemeanors, and felonies, appeals of civil cases dealing with less than $25000, infraction appeals, and misdemeanor cases (Smith, 2003). Focusing on the case of Illinois versus Wardlow, it was a case of a felony which is within the Chicago's Trial Court ... Get more on HelpWriting.net ...
  • 18.
  • 19. The Court System Of The Criminal Trial This report is on the account of a trial heard in Swansea Crown Court on 8 March 2016. The purpose of the report is to show significant knowledge in the application of relevant areas of law to its involvement in the criminal trial. In accordance, the concept of criminal law, English legal system, function and structure of the court system, roles of court personnel, the procedure of the criminal trial, strength and weakness of the court system, and proposed reform of the courts have been put into consideration. The court system of the United Kingdom is considered in hierarchical levels from the Supreme Court to the Court of Appeal to High Court, Crown and County Courts to the Magistrate Court. The courts have their jurisdictions of ... Show more content on Helpwriting.net ... On arrival, the security ensured that all belongings are checked in order to properly safeguard the court environment. Also, I was given the list of cases to be heard and attended the case of Evans Ashley J. who was up for trial. The trial was a private hearing. This means that members of the public, press or unrelated audience were not allowed to sit for the hearing of the trial. This system is advantageous as to ensure that publicity of the case would not, in turn, defeat the object of the hearing and so the courts considered it essential for the jury to be uninfluenced by the public to avoid any form of bias in the interest of the justice system. Also, due to our academic involvement in the trial, the ushers, as well as the judge, explained that the case is neither to be disclosed nor discussed to anyone external but only within the sphere of academic purposes. Accordingly, the only people present were; the judge, the jury, 2 clerks, the defendant, his advocate, a member of the Youth Defending Team, the prosecutor, the prosecutor's solicitor and the dock officer. The trial involved a defendant who is a minor and was charged with assault of grievous bodily harm under section 18 of the Offences Against the Person Act 1861. He was duly released from the dock; an enclosed space at the far end of the court where the accused sits or may stand during the trial, because of his age ... Get more on HelpWriting.net ...
  • 20.
  • 21. Formal Court Trial Opening Thank you, your honor. Ladies and gentlemen of the jury, my client, the emperor, was stripped of his pride. He was degraded in front of his empire. One afternoon in the town, my client was approached by a swindler who gave him an offer she knew he could not refuse. She offered to weave him the most beautiful outfit that could only be seen by people who were intelligent and fit for their positions. He then hired them, as anyone else would do, and paid her and gave her beautiful cloth that was never used for intended purpose . My client was concerned about where all the cloth was going. Lets remember one thing, one of my client's biggest reasons for purchasing this swindler was because she could supposably weave fabric that only could be ... Show more content on Helpwriting.net ... In my opening statement I mentioned that I would call three witnesses to show the swindler's guilt. Each witness explained this fact without a shadow of a doubt: 1) The emperor did not have clothes on. So try to explain one thing, where were the clothes? They were most definitely not on him and nobody saw him wearing his "magnificent" clothes. This Is why the swindler deserves to be charged with fraud. They did not hold there end of the bargain. There is nothing the defending side can say because he did not have clothes on. Yes the officials lied but truth be told, wouldn't you? That is the only thing they can prove, which does not devalue the fact that they committed a crime of fraud. To determine guilt in this case, the members of this jury only have to ask themselves two questions: 1) Did my client pay for and provide materials for clothing to be made and 2) Did the swindler produce the clothing. Not only did the swindler manipulate, lie, and humiliate my client but I believe the swindler should be rightly and justly charged for the crime of fraud against my client. I appreciate the time given, wisdom, and consideration of the facts of every member of this jury. Thank ... Get more on HelpWriting.net ...
  • 22.
  • 23. Role and Functions of Law Paper Role and Functions of Law Paper Jaclyn Wheatley LAW/421 June 25, 2012 Kathryn Harris Abstract This paper addresses the functions and role of law in business and society. This paper covers different types of laws including statutes, common laws, treaties, ordinances, and executive orders. As the paper continues it will discuss who creates and enforces these laws. This paper also discusses the classification of those laws into criminal and civil law, substantive and procedural law, and public and private laws. As these subjects are discussed the paper will discuss what individuals or entities are responsible for using these different types of laws. The paper also discusses the different types of courts where these laws are enforced ... Show more content on Helpwriting.net ... Some of the punishments associated with criminal law include incarceration and possibly the payment of fines. Civil Law This type of law happens between private parties, organizations, or governmental bodies. If a person or other entity breaks a civil law, they would be required to compensate the party that was wronged in some form. Usually this is done through some sort of financial trade. Substantive Law According to S.P. Melvin (2011), substantive laws "provide individuals with rights and create certain duties" (p. 18, par. 3). According to the dictionary, substantive law is "law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law." Procedural Law Procedural laws provide the means for government entities to make and reinforce the substantive laws. Many of these government entities include the courts. These procedural laws also regulate how these entities act throughout the process. Public Law Public laws are tied in with how the government interacts and deals with individuals. Constitutional law and criminal law are both examples of public laws. Private Laws Private laws are, as its name suggests, the opposite of public law. Public laws are tied in with how individuals interact and deal with other individuals. An example of private law could be a contract. Court Types The legal system of the United States also has different types of courts in addition to different types and classifications of
  • 24. ... Get more on HelpWriting.net ...
  • 25.
  • 26. Case Brief Moore v. Midwest Distribution, Inc., 76 Ark. App. 397, 65 S.W. 3d 490 (Ark. Ct. App. 2002) FACTS: Appellee (Midwest Distribution, Inc.), who is in the business of setting up cigarette product displays, contracted to hire appellant (Moore) in 2001 to work at its Fort Smith office. Upon accepting employment, appellant signed an employment contract, a "Service work for Hire Agreement" with appellee that contained a non–compete agreement – in which appellant agreed that for one year following the termination of employment, he would not compete or provide services in substantially similar areas. The crux of this non–compete is that it specifically delineates the scope of the non–compete to Arkansas, Illinois, Iowa, Kansas, Missouri, ... Show more content on Helpwriting.net ... Other then fair consideration, there are also other specifications required in order for the covenant to be enforced. (1) The employer must prove there is a legitimate business interest at risk by the employee; (2) Public policy must remain unaffected by the covenant; (3) The restrictions of the covenant must remain reasonable in territory limitations as well as the duration of time the covenant has an effect on the employee, as long as he or she is able to still make a living. Employers have taken favor to these provided addendums in employment contracts and given all the requirements met have seen to be commonly enforced in the court of law. They are often popular in the market of media–related jobs, or any profession related to exposed entertainment personnel, like radio and media broadcasting. However, court systems and many states are not in total favor of this anti– competition covenant, some states have placed their own statutory restrictions on the covenant (ex: Florida). The state of California has actually ban these restrictive agreements when applied to employment contracts, unless the contract is under the sell of a business. When presented in court these covenants not to compete are handled on a case–by–case basis under each states specified circumstances. In ... Get more on HelpWriting.net ...
  • 27.
  • 28. Case Analysis : Taser International, Inc. V. Ward Essay I. Taser International, Inc. v. Ward, Court of Appeals of Arizona, Division 1, May 13, 2010 II. Facts: The plaintiff Taser International, Inc is a company that produced electronic devices such as stun guns, and even accessories that are needed with control devices. In addition, the company also manufactured TASER CAM which is an audio and video recording device that is mostly sold for military, security and public purposes. The defendant Steve Ward was a vice president of marketing in the Taser International Inc., who worked full time from January 1, 2004 to July 24, 2007 until the day he resigned. However, even though he was a full time employee, he was not part of any employment contract. The defendant Ward was aware of many confidential information and even trade secrets since he was the vice president of the company which is a very important aspect of the company. In 2006 Ward thought of getting legal advice on whether he could create an eyeglass– mounted camera by searching to see if this type of idea was patented already or not. The patent counsel found an eyeglass–mounted camera already to be patented and then the defendant Ward, thought about modifying his camera to a clip–on camera. On August 23, 2007 Ward formed his company known as Vievu LLC in order to get his product of a clip–on camera on to the market. But before his resignation he investigated more about developing a business plan, and about camera devices. As a result, Taser Company sued Ward for violating ... Get more on HelpWriting.net ...
  • 29.
  • 30. The Poor Little Rich Girl Court Trial Gloria has always been famous since the day she born and she was always in the paper . Her whole family tree is pretty well known and mostly because of her money. When she was one year old her dad passed away and her mom and Gloria went away to Paris, France to get away and they stayed there for a few years. Her mother spent a lot of her money that Gloria's dad left for her, he left me 54,687,861 dollars when he died. That was the start of the "Poor Little Rich Girl'' court trial. Gloria's aunt wanted to take care of her and to have a better life and her aunt did win custody. Gloria's aunt her self was an artist. That is when I started to get into art. When Gloria was 17 years old she married her first husband and dropped out of high school. ... Get more on HelpWriting.net ...
  • 31.
  • 32. Trial Court Case Study The trial court erred and abused its discretion in granting the State's motion to admit evidence of prior uncharged incidents of domestic violence, because the evidence denied Mr. Davis of his rights to due process of law as guaranteed by the Fifth and Fourteenth Amendments of the United States Constitution, and Article I, Section 10 of the Missouri Constitution, in that the evidence was more prejudicial than probative because it was too remote in time to be relevant to the charged crimes and had a prejudicial effect. A. Standard of Review A trial court has broad discretion over questions of relevancy and the admissibility of evidence. State v. Dunn, 817 S.W.2d 241, 245 (Mo. Banc. 1991). An appellate court cannot reverse unless abuse is ... Show more content on Helpwriting.net ... Id. But such evidence is only relevant if its probative value outweighs its prejudicial effect. Id. Generally, the "remoteness in time of the other bad acts is ordinarily a factor affecting the weight of the evidence." State v. Shaw, 847 S.W.2d 768, 778 (Mo. Banc 1993). But when "remoteness is so great that it erodes the probative value of the evidence, the prejudicial effect outweighs its probative value and the evidence is not admissible." Id. For example, in State v. Chiles, the State attempted to put on evidence of a prior crime that occurred nearly seven years before the crime that the defendant was on trial for. 847 S.W.2d 807, 809 (Mo. App. W.D. 1992). The Missouri Court of Appeals found that the past crime was too remote to be relevant to the crime that the defendant was on trial for. Id. Similarly, in Lewis v. State, the Missouri Court of Appeals found that a ten–year old crime was too remote to be relevant. 806 S.W.2d 89, 93 (Mo. App. W.D. 1991). And in State v. Culter, the Missouri Supreme Court found that a prior crime that occurred seven to eight years prior to the offense charge was too remote to be relevant. 499 S.W.2d 387, 388 (Mo. Banc 1973). Here, the trial court allowed multiple witnesses to testify to multiple incidents of past conduct that were decades old. Amber Casada testified that Mr. Davis abused her mother was she was growing up, which makes those incidents between twenty to thirty–seven years old (Tr. 497, 509). Cierra ... Get more on HelpWriting.net ...
  • 33.
  • 34. Intentional Infliction of Emotional Distress MEMORANDUM RE: Intentional Infliction of emotional distress Relevant Facts George worked for the Charlotte Bobcats based in Charlotte, NC. George has a contract that guarantees his employment with the Bobcats for a period of 5 years. Jerry, who is George's boss, wants to get rid of him NOW. Jerry resolves to using tactics to make conditions with the Bobcats uncomfortable for George to entice him to quit. George eventually quits after Jerry turned off his air conditioner in mid–July and convinced others to not speak to George. Jerry also tapped George's phone and played his personal conversations over the loud speaker. George sues Jerry for Intentional infliction of emotional distress. Issue Presented Under North ... Show more content on Helpwriting.net ... In our case, the plaintiff wouldn't be granted compensation for the intentional infliction of emotional distress because he didn't prove that the behavior of the defendant caused him severe emotional distress. Conclusion In conclusion, under NC law, George is not entitled to compensation for intentional infliction of emotional ... Get more on HelpWriting.net ...
  • 35.
  • 36. The System Of Court Trials "...they are one people, and they have all one language...7Come, let us go down, and confuse their language there, so they will not understand one another's speech." Genesis: (Chapter 11, Verse 6–7). The trial of Orestes is used as the explanation for the formation for the court system. "I establish this tribunal. It shall be untouched by money making, grave but quick to wrath, watchful to protect those who sleep a sentry on the land." Oresteia: (Eumenides, 704–706). Athena establishes the system of court trials after its success in resolving Orestes case. Just as the religion brings the rise of civilisations, so has it brought the fall of many. By introducing a new religion in to the land of Thebes, Dionysus brings about the destruction of the system of society present there. "I happened to be away... I've heard of some strange mischief in the town, stories of women leaning home to frisk in mock ecstasies..." Euripides: (Bacchae, 215–32) Pentheus returns home to find his world upside down as the women are behaving in a way totally new to him and disruptive to the set order of things. The bible tells of the fall of Sodom and Gomorrah by God for their evil deeds. "24Then the LORD rained on Sodom and Gomorrah sulphur and fire from the Lord out of heaven" Genesis (Chapter 19, Verse 24). An entire city and civilization was destroyed on the basis of religion and this is a shadow of the purging during Noah's flood as shown earlier. Leads up to show how religion cannot always be viewed as ... Get more on HelpWriting.net ...
  • 37.
  • 38. Gm 520 Week 3 Page 1 The problem is found on page 313 of your textbook. Here is it, recapped: 2. Douglas Margreiter was severely injured in New Orleans on the night of April 6, 1976. He was the chief of the pharmacy section of the Colorado Department of Social Services and was in New Orleans to attend the annual meeting of the American Pharmaceutical Association. On Tuesday evening, April 6, Mr. Margreiter had dinner at the Royal Sonesta Hotel with two associates from Colorado who were attending the meeting and were staying in rooms adjacent to Mr. Margreiter 's in the New Hotel Monteleone. Mr. Margreiter returned to his room between 10:30 p.m. and 11:00 p.m.; one of his friends returned to his adjoining room at the same time. Another friend was ... Show more content on Helpwriting.net ... M. without any attention or alarm resulting. This is therefore a very fertile ground for the hotels attorneys to use as a defense. During Mr. M 's treatment, if a blood alchohol was taken and it proved to be high, this would add to the questionable nature of his story and refute the causation element. Given, success with the above argument Proximate cause would also not exist. 4. Proximate Cause – for the same reasons as stated above, I dont think proximate cause is established. However, if Mr. M. was attacked in his room and the attackers did gain access as a result of the breach then proximate cause would undoubtably exist. 5. Damages – In this case damages unquestionably exist. Mr. M had significant injuries and has apparently suffered some permanent impacts on his capacity as a result of the episode so the damages element is satisfied. 2. Applying the facts you have from the case problem above only, lay out a case for negligence against the hotel. Use the elements to outline the case. Start with the first element, explain what facts you have for or against that element, and then continue through the five elements of negligence. If you do not have enough facts to make your case, explain what facts you would need to have in order to support a case of negligence. (Points : 10) 3. What defense(s) does the hotel have on its side? List (and define) those here. Very briefly state ... Get more on HelpWriting.net ...
  • 39.
  • 40. Case Study: Nathan Moss V. I. FACTS The Commonwealth of Massachusetts has charged Nathan Moss (Mr. Moss) with 1 count of violating a no contact order that Claire Cohen (Ms. Cohen) put out against him. Nathan Moss and Claire Cohen are both seniors at Plymouth South High School and dated for about 10 months prior to Ms. Cohen placing a protective order against Mr. Moss. According to Ms. Cohen, during their time dating Mr. Moss had displayed a few signs of aggressive and jealous behavior. In January of 2016, Mr. Moss kicked a hole through Ms. Cohen's bedroom wall after hearing a few male acquaintances talking about Ms. Cohen. About a month later, Mr. Moss threw a Kindle Tablet across Ms. Cohen's bedroom when after seeing pictures of her on Facebook with other male friends. ... Show more content on Helpwriting.net ... Kendrick, 841 N.E.2d at 1239. For example, in the Raymond case, the defendant entered upon a home that he co–owned with his mother while not knowing his ex–wife, the protected party, was present. Raymond, 766 N.E.2d at 114. The defendant attempted to leave but his sons held him down. Id. The appeals court had reversed the conviction of violating the no contact order because the jury was not instructed on the voluntariness of the defendant's act. Id. at 116. The court reasoned that a person could not be convicted of violating a no contact order if they did not foresee coming into contact with the protected party and attempted to leave after learning of the protected party's presence. Id. Contrasting, in the Kendrick case, the defendant had a history of using his dog and car to lure children into sexual assault. Kendrick, 841 N.E.2d at 1237. Although he conducted himself in a manner similar to his past offenses of sexual assault on children, he claimed that his close proximity and contact with children at a car show was merely incidental. Id. at 1239. The court reasoned that although accidentally coming across the protected party does not constitute a violation, the defendant failed to remove himself from the situation. Id. In both of these cases, the court's based their decisions on the conduct of the defendant and what they did once they learned of the protected party's ... Get more on HelpWriting.net ...
  • 41.
  • 42. The Case Involving Medical Negligence 1. Introduction In the case of Gregg v Scott, The House of Lords confronted the issue of financial recovery for the loss of chance in a case involving medical negligence. By a majority of 3–2, their Lordships refused to recognize loss of chance as leading to a recovery of damages. This paper will examine the judgments of Lord Nicholls and Lord Hoffmann. Representing the dissenting and majority judgment respectively, they have presented a set of arguments that were most compelling for cases of medical negligence dealing with a loss of chance. This paper will distinguish the judgments of both Lordships and will examine the reasoning behind their arguments while finally touching upon criticisms of their respective positions. 2. The ... Show more content on Helpwriting.net ... In order to have a successful claim for compensation, the claimant had to demonstrate that the defendant was the factual cause of the loss suffered. Therefore, the claimant had to argue that, on the balance of probabilities, the negligence of the defendant was a result of the injury to establish causation. In this case, the injury is the loss of chance of recovery. The claimant argued inter alia, that even though he was deprived of his recovery and could not recover damages, he ought to recover for the loss of chance of recovery due to the negligence on the part of the defendant. 3. History of Litigation 3.1 Trial Court Judgment The trail court judge explained that Dr. Scott was negligent for failing to show that the growth might not have been benign. However, the judge ruled that the defendant had breached his duty of care. On the question of whether the negligence of the defendant was a contributing factor to the claimant being unlikely to survive ten years, the court held that the claimant would have had no chance to survive the ten year period, even with treatment. The trial judge, Judge Inglis, relied on expert evidence at the time of the misdiagnosis that Mr. Gregg had a 42 per cent chance of survival in a period of 10 years, with 10–year survival being the
  • 43. 'cure'. However, because of the delay in diagnosis, it had reduced Mr. Gregg's prospects to a 25 per cent. Mr. Gregg argued a 'loss of chance' in court. ... Get more on HelpWriting.net ...
  • 44.
  • 45. Special Education Case Review : Review Special education case review Author's name Institutional affiliation In K.M v. Tustin Unified School District (2013), the plaintiffs were high school students with hearing disabilities and received services associated with special education under the Individuals with Disabilities Education Act (IDEA). This eligibility implied that they were eligible for free appropriate public education (FAPE). The plaintiffs alleged that they were entitled to a word for word transcription service by their school districts under Title II of the Americans with Disabilities Act (ADA). The plaintiffs had requested their schools to provide communication access real–time translation to enable them understand their teachers and fellow students without undue strain. Their requests were denied by school districts but they were offered alternative accommodations. The plaintiffs had unsuccessfully challenged the decision to deny the service in state administrative proceedings. Their claims were that the denial violated IDEA and title II of the ADA. The issues in this case was whether compliance with obligations to deaf or children with hearing disabilities under the IDEA also establishes compliance with obligations for effective communications under title II of the ADA. The IDEA provides that schools must provide children with disabilities free appropriate public education designed to the individual needs of the child. Title II of the ADA on the other hand provides that no individual ... Get more on HelpWriting.net ...
  • 46.
  • 47. Court Cases: The Scottsboro Trial The Scottsboro Boys were nine African American teenagers accused of raping two White American women on a train in Alabama in 1931. These were landmark legal cases due to this incident dealing with racism and the right to a fair trial. The cases included a lynch mob before suspects had even been indicted, all–white juries, rushed trials, and hostile disruptive mobs. It is often regarded as a grave example of a miscarriage of justice in the U.S. legal system. The boys were all promptly arrested and urged into speedy rushed trials. The case was originally heard in Scottsboro, Alabama with no arraignment or pretrial motions filed due to their trials being rushed as quickly as possible with very poor legal representation. All the boys excluding, ... Show more content on Helpwriting.net ... Maybe I feel that way because of the case I chose due to the time period and the way the law was imposed differently in the time period for blacks. It didn't really showcase the operation of the court system when they had rushed trials that at one point lasted only 3 days. This didn't give me the full body of work of the court system due to the prejudice that not only tainted, but in my mind impeded justice from fully being served. And lastly, even if it was more to the operation of the supreme court you wouldn't even know where to start since in this instance laws and trials weren't as thorough in the defense of black people. You wouldn't even be able to get a full feel of the court systems operation due to the fact most trials wouldn't get to the point where certain operations or parts of the court system would need to come into play due to the nature of the rushed ... Get more on HelpWriting.net ...
  • 48.
  • 49. Court Trials Of Crime: The Judicial System Unquestionably, televising court trials of crime has become an emerging trend among Western countries, for acquainting the public with the effectiveness of judiciary system.Although this system has a plethora of benefits ,its aftermath cannot be denied However, I firmly believe that the benefits of this system supersede its drawback. To commence on,one of the major advantages of opening court room to the public is to allow the rights of public information. Clearly, it is the need of the public to identify and supervise the entire judiciary system .As a result ,of this people can understood that the legal system is free from corruption or not.An ideal example is the judiciary in Scotland where,the court trials are broad casting through ... Get more on HelpWriting.net ...
  • 50.
  • 51. The Trial Of Lizzie Borden : Complex Court Case The legal system works well even if people criticize it and say that it is flawed and invalid. Some cases might be hard to understand and hard to solve at first, but in the end, most cases get solved. People claim that the wrong people get arrested because the legal system does not correctly do its job. Most cases are actually solved with the correct verdict. The Trial of Lizzie Borden was a confusing court case with many factors that did not add up at first, but eventually, everything did. Lizzie Borden was guilty. In Fall River, Massachusetts on August 4 , 1892, the Borden family's maid, Maggie Sullivan discovered the bodies of Andrew and Abby Borden. The maid was resting in her bed upstairs after cleaning and heard Lizzie Borden, the ... Show more content on Helpwriting.net ... A clerk at the local drug store, Eli Bence stated that Lizzie came into the store and tried to purchase Prussic Acid, better known as Hydrogen Cyanide, the day before the murder occurred. People do not usually try to buy Cyanide for common purposes, usually people buy it for murder. The reason she tried to purchase Cyanide was probably to kill her stepmother, who she did not have the best relationship with, according to people in the town. She ended up not being able to purchase the poison, so she probably decided just to use a weapon. She most likely chose an axe, because it was around the house and she was mad at the fact that she could not buy the poison. The reason she chopped up her suspects, has direct correlation to all of her built up anger. The final nail in the coffin for Lizzie Borden was that she was seen burning a blue dress the days following the murder. Alice Russell, a family friend who stayed at the Borden house after the murder occurred, stated in court that she saw Lizzie Borden burning a blue dress after the murder occurred. Lizzie claimed that it had old paint on it and that's why she burned it. A statement that backed up Alice Russell's statement was that Maggie Sullivan claimed that Lizzie was wearing a blue dress the morning of the murders. If she murdered her parents in that blue dress that would explain why she was burning the dress and why the police couldn't find any blood on ... Get more on HelpWriting.net ...
  • 52.
  • 53. The Court Of Appeals Affirmed The Dismissal The Court of Appeals affirmed the dismissal. The court concluded that even though there were "identical floor areas, number of parking spaces, the provision of a public plaza, the use of public art, and the orientation of the buildings to ensure water views," many of these were standard features for high–rise developments and could not be protected because they were simply abstract ideas. Furthermore, there were differences between the two designs including the dimensions of a glass roof on the building, the absence of ornamental ribbons in the defendant's design, and additional balconies that were not present in the plaintiff's designs. The court viewed these differences as substantial enough so that no reasonable person would view the structures as being substantially similar. As such, the court concluded that even in the pleading stages of litigation (before discovery), the trial court did not err in dismissing the claim. Peter highlights the courts' general unwillingness to recognize infringement of architectural works. There was no doubt that the defendant in Peter had access to the plaintiff's plans (they worked together previously), and there were certainly some overt similarities in the two developments. However, the court would not even allow the plaintiff the benefit of discovery because, in its view, the differences were too substantial. While making such a fact intensive determination at the pleading stage may be somewhat brash, the nature of "thin" ... Get more on HelpWriting.net ...
  • 54.
  • 55. Apple vs Samsung Apple Inc. v. Samsung Electronics Co., Ltd. From Wikipedia, the free encyclopedia Apple Inc. v. Samsung Electronics Co., Ltd. was the first of a series of ongoing lawsuits between Apple Inc. and Samsung Electronics regarding the design of smartphones and tablet computers; between them, the companies made more than half of smartphones sold worldwide as of July 2012. [1] In the spring of 2011, Apple began litigating against Samsung in patent infringement suits, while Apple and Motorola Mobility were already engaged in a patent war on several fronts.[2] Apple's multinational litigation over technology patents became known as part of the mobile device patent wars: extensive litigation in fierce competition in the global market for consumer ... Show more content on Helpwriting.net ... Samsung has also sued Apple, claiming the iPhone and iPad infringe on Samsung patents. On Friday, August 31, 2012, The Tokyo District Court ruled that Samsung's Galaxy smartphones and tablets did not violate an Apple patent on technology that synchronizes music and videos between devices and servers.[21] The three–judge panel in Japan also awarded legal costs to be reimbursed to Samsung. Presiding Judge Tamotsu Shoji said: "The defendant's products do not seem like they used the same technology as the plaintiff's products so we turn down the complaints made by [Apple]." An unnamed spokesperson for Samsung said: "[We will] continue to offer highly innovative products to consumers, and continue our contributions toward the mobile industry's development."[22] Ronald A. Cass, a legal consultant and former vice chairman of the International Trade Commission, commented: "I wouldn't expect there to be a lot of judgments like this one." – Quote regards to the verdict from the American courts not the Japanese courts in reference to how patent disputes are heard by juries.[21] [edit]German courts In August ... Get more on HelpWriting.net ...
  • 56.
  • 57. Criminal Court Trial Research Paper When watching crime shows such as Law and Order, individuals are given insight into how criminal court trials work. However, there are specific details that these shows usually skip because there boring, but these proceedings tend to be complicated. There are three branches of government that include: legislative, executive and the judicial branches. The Judicial Branch is the sector of government that presides over criminal cases and interprets the law. Within the system there are various courts a person can be tried such as: Criminal Court, Family Court, Civil Court and Supreme Court. This enables individuals the power to check the judicial system by brining their case to different courts. Furthermore, each state has their own regulations that must be followed by the citizens. In New York City Criminal and Supreme court begin to consider children adults when he or she turns sixteen. Therefore, ... Show more content on Helpwriting.net ... Thus, family court takes precautions with cases concerning the youth. Once the child turns eighteen their criminal record is sealed as opposed to when an adult commits a crime (Reuters 1). The supreme court case of Schall v. Martin established the policy known as prevention detention, which would safeguard juveniles from future violence (Fagan 419). When a person is tried in family court there are different regulations the defendant must follow. As opposed to criminal court the main objection in Family Court is to rehabilitate the youth (Emery 500). Many of the legal cases presented in Family Court, often motivated by the principle of maintaining the best interest of the child. However, in the 1960's it became more common to use punishment for children in family court because they were not learning from their mistakes (Emery 501). Furthermore, when comparing adults and juveniles, juveniles are not bestowed the same right's as adults in criminal ... Get more on HelpWriting.net ...
  • 58.
  • 59. Case Study : Foster V. Houston General Ins Wetig SPED801 Case Briefing 14 1. Name & citation of case: FOSTER v. HOUSTON GENERAL INS. CO. NO. 14664. 407 So.2d 759 (1981) Helen Ann FOSTER, Plaintiff–Appellant–Appellee, v. HOUSTON GENERAL INSURANCE COMPANY; Inez Grant; Morehouse Parish School Board; Horace Mann Insurance Company and Lloyd Gray, Defendants–Appellants–Appellees. Court of Appeal of Louisiana, Second Circuit. Writ Denied January 18, 1982. 2. Facts: Explain the essential facts of the case. Tell the story of the case. Robert Foster, age 17, was a student at the Morehouse Educational Development Center (MEDC), a school for the mentally retarded. He was chosen a member of MEDC 's Special Olympics basketball team. This was a school sanctioned activity, with practice sessions ... Show more content on Helpwriting.net ... In this case, plaintiff Helen Foster brought a wrongful death action after her mentally retarded son was killed while under the supervision of two teachers, defendants Inez Grant and Lloyd Gray. 3. Decision in administrative hearings and the lower courts: State the decision in administrative hearings and in the lower court(s). The trial court judge found that "Grant was negligent because of her failure to provide other transportation, her failure to supervise, her negligent choice of route to the park and her failure to adequately instruct the students." In addition, the trial judge found that "Gray was negligent by virtue of his failure to provide alternate transportation, his failure to wait for Grant before undertaking the trip, his failure to adequately instruct or supervise his students, and his failure to maintain control over the students." The trial judge, therefore, entered judgment for plaintiff Foster against defendants Grant and Gray. Grant and Gray appealed. 4. Rationale: This is a very important part of the case brief. You must explain the gist of the court ruling, (i.e., why the court arrived at its holding). The appeals court found Grant and Gray owed the following legal duty of care, including:  First, the group was not accompanied by a sufficient number of supervisory personnel. This was evidenced by the precipitating event in this tragic drama – Gray 's loss of control of the group and the headlong dash of several students on across West ... Get more on HelpWriting.net ...
  • 60.
  • 61. Civil Litigation In Atlant Case Study Keywords: Civil litigation in Atlanta, GA, appeals attorney in Atlanta, GA, mediation in Atlanta, GA A Timeline of Civil Litigation in Atlanta, Georgia Civil litigation in Atlanta, Georgia is often a lengthy, complex process. For many individuals, civil litigation in Atlanta, Georgia is also confusing and frustrating. If you are involved in civil litigation, taking the mystery out of the process will reduce your stress and allow you to focus on the progression of your case. After all, the unknowns of the legal process are what make it so exasperating to most individuals. The plaintiff is the individual that files a lawsuit, which is also called a complaint. First, the plaintiff will meet with an attorney to discuss the facts of the case and why the plaintiff may have the right to sue. The case may be discussed for several months before ever filing a suit. Attorneys must make sure that claims are meritorious before a suit is filed. ... Show more content on Helpwriting.net ... Usually, a process server delivers a copy of the lawsuit in person to the defendants. The defendants will have a certain period of time in which to respond to the lawsuit, called filing an answer. If the defendants never respond to the lawsuit, they may be held in default, which means that the plaintiff may receive the relief requested in the complaint, such as money damages. After an answer has been filed, the parties engage in discovery, which is the exchange of documents and other evidence that may be necessary for trial. This process may take months or a year or longer to complete. Depositions and expert witness reports may also be necessary during discovery. After evidence has been exchanged, the parties will either attempt to settle or head to trial for a judge and jury to decide the fate of the case. Why Hire an Appeals Attorney in Atlanta, ... Get more on HelpWriting.net ...
  • 62.
  • 63. Juvenile Offenders And The Adult Courts For Trial Tennessee, like many other states, has provisions, provided for in the state laws, for the transfer of juvenile offenders to the adult courts for trial. The youth court has to follow the procedures, which are outlined in the statute, to include the minimum age of a juvenile, who is to be transferred to the adult courts, and the specific crimes for which such a transfer may take place. While I recognize, as the United States Supreme Court did in Roper v. Simmons, (2005), that children are immature, and easily led astray, there are times when the protection of the community mandates that certain juveniles be treated as adults. This should be done on a case by case basis, and only for the most heinous and violent crimes. In the state ... Show more content on Helpwriting.net ... This statute also provides for the juvenile having reached their sixteenth birthday, at the time the crime was committed, except in the cases of first and second degree murder, aggravated rape, kidnapping, aggravated kidnapping, rape of a child, or an attempt to commit such crimes (Tenn. Code, 2010). In cases of this nature, Tennessee law does not provide for a minimum age for the juvenile to be transferred to the adult courts. What this means is that technically, a child of any age, who commits such violent crimes, can be tried as an adult if the youth court decides to transfer the case. Consequently, this statute also provides provisions for the housing of such juvenile offenders in the adult correctional facilities. In subsections 2(h) through 2(j) of Tenn. Code, section 37–1–134, (2010), mandates that if juveniles have been transferred to the adult courts, and is between 16 and 18 years of age, they are to be detained in an adult correctional facility, but kept separate from adult offenders, if possible. Upon their conviction, and sentencing, juveniles between 16 and 18 years of age can be sent to adult prisons, and kept separate from adult offenders, at the discretion of the corrections commissioner. All juveniles, under the age of 16, who have been transferred to the adult courts, and subsequently convicted, are to be housed in a juvenile detention facility until their sixteenth ... Get more on HelpWriting.net ...
  • 64.
  • 65. The Trial Stage Of The Court If a plea agreement is not reached, then the process moves to the motions phase. During this time, the defense and prosecution can file pretrial motions to suppress evidence due to faulty police line– ups, coerced confessions, and illegal search and seizures. Once all pretrial motions are filed, the process moves to the trial stage. The trial stage is where the case, from the prosecution and defense, is presented to the jury for their deliberation of the verdict. During the motions stage of the process, discussed about, Mr. Blackbeard's defense will submit motions regarding the clothing found in the alcove, the rifle, the handbag, canister containing the quarters, and the bloody towel. The defense will argue that the police did not have a warrant to search Mr. Blackbeard's sleeping quarters and that he has the right to expect privacy in the area where he was sleep and kept his belongings. This would be a violation of the Fourth Amendment, which is "the right of the people to be secure in their persons, houses, paper, and effects, against unreasonable search and seizures, shall not be violated...". The defense will argue that the police did not have consent, nor probable cause to search the vehicle which resulted in the discovery of Ms. Lovely's purse, canister containing quarters, and the bloody towel. In response to the rifle, the defense will argue that the police had no warrant or probable cause to collect the rifle. While the police were at the scene where Mr. ... Get more on HelpWriting.net ...
  • 66.
  • 67. Jdt1 Task 1 Lester Smith (Smith) has owned a 20–acre parcel of land in the City of Lilliput, Minnesota since 1980. Seven acres consist of wetland, and on the remaining 13, Mr. Smith has built a large house, a barn, and an outdoor horse–riding arena that he operates as a business. In 2005, Smith decided to build a second barn including an indoor riding arena. While reviewing the site plan, city staff noticed that the proposed barn was within 75 feet of Smith's 7–acre wetland. A State of Minnesota statute, adopted in 1985, required government municipalities to establish "a minimum 50 foot buffer as the standard for protecting water quality" in state wetlands. Lilliput enacted this policy, but in 1990 the city increased the size of the buffer to 150 feet from a surface wetland. This was based upon City Council concerns that Lilliput's heavy farming and cattle ranching could pose a threat to the preservation of the wetlands. During the review process, Smith claimed that a city staff member informed him that the new barn did not qualify as "structure" (under the state and city statute, the buffer zone only applied to structures). However, in final review, the City Council denied Smith's ... Show more content on Helpwriting.net ... Based on research completed by University of Minnesota soil scientists, the state mandates that every wetland should be protected by a 50–foot buffer zone. The City of Lilliput, a rural town located 30 miles north of St. Cloud, Minnesota, increased the buffer zone to150 feet in1990 within their municipality. The rationale behind Lilliput's increase was because the town is zoned for predominantly rural uses, i.e. farming and cattle ranching. Due to the animal wasted and farmers' use of pesticides on their crops, the Town Council felt that increasing the buffer around surrounding wetlands would better protect it from these sources of contamination than would the state minimum of 50 ... Get more on HelpWriting.net ...
  • 68.
  • 69. The Marriage Of Dougall, The Trial Court's Court In regarding the Marriage of Dougall, appellant Richard Dougall appeals the trial court's denial of his motion for reconsideration challenging their post–dissolution–decree order of spousal maintenance arrearages to appellee Myrna Dougall. He argues that Arizona Revised Statute 25–530 prevents the court from considering Veterans Administration (VA) disability benefits as income when calculating and determining the payment of arrearages of an award of spousal maintenance. A Brief History of the Case: In Re the Marriage of Richard S. Dougall, Petitioner/Appellant, and Myrna R. Dougall, Respondent/Appellee The marriage between the two parties involved (Richard S. Dougall and Myrna R. Dougall) was dissolved in 2008 with the dissolution decree ordering Richard to pay Myrna $750 per month in spousal maintenance. Each of the two parties was also awarded one half interest in two parcels of property. Richard was ordered by the court to obtain appraisals and pay a fair share of the equity (as designated by the court's property division assessment) to Myrna. In 2011, the court entered two judgments against Richard for failing to comply with obligations set down in the court order. A $5,000 judgment represented Myrna's interest in one of the properties. The second judgment for $4,745 represented spousal maintenance arrearages. The court also reduced Richard's spousal maintenance obligation to $500 per month effective August 2011. In August 2012, Myrna filed a petition to enforce the ... Get more on HelpWriting.net ...
  • 70.
  • 71. Cja/224 Court History and Purpose Paper Court History and Purpose. The courts are a critical component of American criminal justice because they determine what should happen to people charged with violating the law. Courts are important beyond criminal justice, too. Disputes that arise between private parties, businesses, government officials, and the like are brought to court in order to ensure that they are heard, ideally, in a neutral forum (Siegel, Schmalleger, & Worrall, 2011). Succeeding in liberation and independence is difficult within the world and as simple as legally right and legally wrong. Courts emphasize on the power of the state and the legitimate use of force and protect people against the random use of legislative authority. The tension among the general ... Show more content on Helpwriting.net ... The dual court system permits the federal administration restricted access into each jurisdiction problems and state law is not allowed to be involved in the federal judicial system, without there being some type of encounter at the state or federal stages. Federal courts have the authority to resolve only the cases in which the Constitution allows them to have power over. These types of courts are to be found in the bigger only; specific cases are allowed to be received within the federal courts. For instances, the cases that are allowed to be viewed in the federal courts are cases that include the United States government and other officers that are being sued. The dual court system is not the only part of the story, each level there is a different court chain of command. States often have limited jurisdiction courts, such as traffic courts, trial courts and appellate courts, and supreme courts (Siegel, Schmalleger, & Worrall, 2011). Each trial court adjudicates different offenses. Appellate courts consider different matters depending on where they lie in the court hierarchy. Appeals from state courts can sometimes be heard in the federal courts. Higher–level courts can control the actions and decisions of lower courts, but not the other way around. Despite the apparent complexity, each court has its place. The main focus of the court system is to uphold the law, protect citizens and their rights and resolving ... Get more on HelpWriting.net ...
  • 72.
  • 73. Case Study: Civil Court Trial Most legal claims that stem from injuries or accidents don't rise to the level of a civil court trial. In fact, they are usually resolved at an earlier stage during the litigation process through settlement negotiations that occur among the parties involved in the case. At times, an informal settlement can occur prior to any lawsuit even being filed. The person who plans to file a lawsuit, "the plaintiff", agrees to waive their right to seek any further legal action pertaining to the injury or the accident in exchange for an agreed upon payment of a financial amount to be paid by the defendant or an insurance company once an agreement has finally been reached though a settlement that is desirable to all the negotiating parties. However, ... Show more content on Helpwriting.net ... Typical Concerns Undesirable Scrutiny to Either Party Typically, civil court trials are publicly accessible, which permits scrutiny and media coverage. Undesirable personal information could come to light at trial or during the discovery process. Confidential information or trade secrets can be disclosed during a trail. Consider when your case will likely be called to trial and the approximate trial length. The Opposing Lawyer's Negotiation Technique Your lawyer might have negotiated with the opposing lawyer previously, or has consulted other lawyers to gauge what he or she should expect in a case, and the zealousness of your opposing party to gain a desirable negotiation on their own part. Have You Been Offered a Settlement? Secure Legal Assistance! As a lawsuit party, you exclusively, are the party to make the final decision about accepting and agreeing to the final settlement terms, but be mindful that he counsel on the other side holds an obligation to act in the best interest of his or her client(s), which very likely means you'll be offered the lowest amount possible. If this isn't in your best interest, it's smart to seek legal advice from an experienced civil attorney. If you require legal assistance regarding a settlement offer, don't hesitate to contact a personal injury lawyer for a complementary ... Get more on HelpWriting.net ...
  • 74.
  • 75. Essay on A Hoax in Court: The Trial of Socrates Albert Einstein quoted, "In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same" (Brainy Quote). Were justice and truth a part of Socrates' trial? The primary question is: what is justice? According to Merriam–Webster dictionary, the definition of justice is: "the administration of law, especially the establishment or determination of rights according to the rules of law or equity." Meletus brought an elder man to court for corrupting the youth and for refusing to believe in the gods of the city. 501 Athenian male residents observed as the jury to magistrate and center their decisions off Meletus's accusations and Socrates' defense to ... Show more content on Helpwriting.net ... – The Councillors, also. But, Meletus, what about the assembly? Do members of the assembly corrupt the young, or do they all improve them? – They improve them. All the Athenians, it seems, make the young into fine good men, except me, and I alone corrupt them" (Apology 28). It should take the child's peers, friends, and parents, as well as their teachers to transform their impression of a certain issue or idea of the gods. Young children are first introduced to religion by their parents, and next begin school transferring the greater influence to the teachers and friends of the student. No one person can essentially "corrupt" the youth, but instead, there must be supplementary sources at fault. Likewise, how can one elder man harm adolescents for several years, and just now endure conviction a few years before his own death? Generally, when a person commits a crime, the prosecutor representing society would bring the charge against the defendant immediately following the offense. Socrates had been preaching his knowledge and insight of the gods for many years at this point. Later in his defense Socrates states, "If I corrupt some young men and have corrupted others, then surely some of them who have grown older and realized that I gave them bad advice when they were young should now themselves come up here to accuse me and avenge themselves" (Apology 36). However, at this moment in ... Get more on HelpWriting.net ...
  • 76.
  • 77. Court/Trial Advocacy Proposal (LSBA) Based on the polish's 2013 ABA–required disclosures, 65. 1% involving the standard of 2013 received full–time, long–term, pub passage–required brand ennead many weeks immediately after college, not including unaccompanied practitioners. In 1904, LSU built–in regulation tutor Persona T. Village, exactly who previous were being the foundation leader involving Louisiana Technological Lincoln subsequently, grew to be the particular excellent to own organization of any regulation improve from LSU. Legislation constructing found fruition inside 1906, low LSU leader Poet Duckett Boyd, using cardinal development learners. Since 1924, the particular LSU Law Position has become a person in the particular Tie up involving Soil Law Educational institutions ... Show more content on Helpwriting.net ... In addition, it stratified yesteryear LSU Law Depository physique 5 reinforced in measures reportable towards the ABA by simply all ABA–approved regulation colleges. In 2011, the law Bring up obtained 1, 437 apps for that T. Deb. /C. T. offer on an enrollment accumulating involving 239. The particular on–going first–year persons includes graduates through 70 universites and colleges through the entire persons. Women wide variety upwards 49% of the year, 51% are men. Concerning 35% of the type of 2014 came from unlikely Louisiana representing 21 other folks declares, Unpartitioned Declares Virgin Islands, Creator, and Dishware. Based on the Law Center's authorized 2013 ABA–required disclosures, 65. 1% of the Piling up involving 2013 received full– time, long–term, pub passage–required state cardinal many weeks immediately after quantification, not including solo–practitioners. The particular civilize's Law Polish Ikon under–employment assess will be 10. 6%, indicating the particular proportion of the Kind of 2013 terminated, chasing a different honour, or perhaps in the non–professional, short–term, or perhaps part–time career digit many weeks immediately after ... Get more on HelpWriting.net ...