Plea Bargains Essay

Plea Bargains Essay
A plea bargain ("offer") is an agreement in a criminal case whereby the prosecuting agency may offer the defendant the opportunity to plead guilty,
usually to a lesser charge or to the original criminal charge with a proposal of a lighter than the maximum sentence. This opportunity allows
defendants to avoid the risk of a conviction at trial on a more serious charge. This also allows all involved parties to keep the court's calendars light
without exhausting resources of a court, potential public defenders, and prosecutors who are all salaried for by the expense of tax payers. If every
case in the criminal justice system went to trial, the courts would be so overloaded that they would effectively be shut down. An offer can occur at any...
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Prosecutors may only "recommend" to the court the acceptance of a plea arrangement. The court will usually take proofs to ensure that the above
three components are satisfied and will then generally accept the recommendation of the prosecution. The court uses the plea bargaining process
as a way to alleviate the need to schedule and hold a trial on an already congested court calendar. Judges are also aware of jail/prison overcrowding
and may be receptive to the "processing out" of offenders who are not likely to do much jail time anyway. For prosecutors, a lightened caseload is
equally attractive. Most importantly, an offer assures a conviction, even if it is for a lesser charge or crime. This ensures that the prosecuting agency
keeps its statistics looking good, and keeps the confidence alive inside the community. No matter how strong the evidence may be, no case is a
predetermined conclusion. Prosecutors are often at risk of waging a long and expensive trial with a chance of losing, similar to that of the O.J
Simpson murder trial. Prosecutors may use plea bargaining as means to advance their case against a co–defendant. They may accept a plea bargain
arrangement from one defendant in return for damaging testimony against another. This way, they are assured of at least one conviction even if it's a
lesser charge with the enhanced chances of captivating a conviction against the second defendant. A
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Amendment Iv, 8
Amendment IV (1791)– 8.) Government must have a search warrant based on probable cause
Courts Divided Over Searches of Cellphones
Source: The NY Times November 25, 2012 http://www.nytimes.com/2012/11/26/technology
/legality–of–warrantless–cellphone–searches–goes–to–courts–and–legislatures.html?ref=searchandseizure&_r=0 This right states that government
make the search and seizure warrant based on the cause. For example, if a person was accused for some crime and that person already have record of
the crime before then the court will make the warrant based on that record. Sometime policies don't need warrant such as bounty hunters, because the
court already took the rights of the person who is being accused away. This right ... Show more content on Helpwriting.net ...
An Ohio court ruled that the police needed a warrant to search a cellphone because, unlike a piece of paper that might be stuffed inside a suspect's
pocket and can be confiscated during an arrest, a cellphone may hold "large amounts of private data."
But California's highest court said the police could look through a cellphone without a warrant so long as the phone was with the suspect at the time of
arrest.
Judges across the nation have written tomes about whether a cellphone is akin to a "container" – like a suitcase stuffed with marijuana that the police
might find in the trunk of a car – or whether, as the judge in the Rhode Island murder case suggested, it is more comparable to a face–to–face
conversation. That judge, Judith C. Savage, described text messages as "raw, unvarnished and immediate, revealing the most intimate of thoughts and
emotions." That is why, she said, citizens can reasonably expect them to be private.
There is little disagreement about the value of cellphone data to the police. In response to a Congressional inquiry, cellphone carriers said they
responded in 2011 to 1.3 million demands from law enforcement agencies for text messages and other information about subscribers.
Among the most precious information in criminal inquiries is the location of suspects, and when it comes to location records captured by smartphones,
court rulings have also been inconsistent. Privacy advocates

Few Good Men : Movie Review : A Few Good Men
The movie titled "A Few Good Men," starring Tom Cruise as Lt. Daniel Kaffee, Demi Moore as Lt. Cdr. JoAnne Galloway, Jack Nicholson as Col.
Nathan R. Jessep, and Kevin Bacon as Captain Jack Ross, is a riveting American legal drama that shows the ins and outs of courts and the criminal
justice system. I obtained this movie on the On Demand section of my television. There are many themes in the movie relating to the courts
section of our criminal justice class but I would like to discuss plea bargaining, preparing a witness, major trial courts, Defense attorney
/government prosecutor, and the expert witness that they put on the stand. The defense attorney in the movie for the Dawson and Downey case
was Daniel Kaffee, and he was known for his success rate in plea bargaining. We discussed in class that 93% of cases were plea bargained and
approximately 7% of these cases went to trial. This related to the movie, since Daniel had only ever plea bargained all of his cases, and has never
been on trial. These plea bargaining techniques happened with the prosecutor outside of court. This is identical to what we learned in class which was
that plea bargaining can occur anywhere. The trial in the movie takes place in a major trial court, where everyone there is full time staff. There is a
court recorder that they mention many times. At one point Daniel asks the witness if they would like the court reporter to read back what they said
earlier. This goes to show that the court reporter

Essay On Expungement
Expungement is a process that allows the erasure, destruction or sealing of a criminal conviction or juvenile adjudication after the time has ended
(Alarid & Del Carmen, 2012). In the United States, forty sates allow individuals to expunge their arrest records and criminal records (Alarid & Del
Carmen, 2012). Even if an expungement is granted, the information can still be accessed by law enforcement, courts, and other government agencies
(Alarid & Del Carmen, 2012). The expunging of a person's criminal records and arrest records allows him or her to seek housing, employment, financial
aid and etc. without stigmatism (McKnight, 2005). Statutes or inherent judicial authority allow criminal records to be expunged (McKnight, 2005).
According... Show more content on Helpwriting.net ...
The steps in the statutory expungement process includes: filing a petition, serve notice to prosecutor and victim, hearing, expungement order and
burden of proof, expungement of specific conviction records, appeal of expungement order, and distribution of orders (McKnight, 2005). Criminal
records that are not expunged by statute may qualify for expungement under the court's inherent authority (McKnight, 2005). The inherent authority's
remedy to expunge criminal records is broader than the statutory expungement remedy (McKnight,

Dr. Joseph Lifschutz 's Case Essay
I. Facts of the Case: Dr. Joseph Lifschutz was a practicing psychiatrist in California and sought a "writ of habeas corpus" to be released from custody
in the county of San Mateo California. Dr. Lifschutz was found in contempt of court and was arrested for refusing to obey an order of the San Mateo
court ordering his release of records relating to him and one of his patients. Dr. Lifscutz did not follow the order because he believed the order from the
court was unconstitutional, violating his constitutional right to privacy. Joseph Housek had been a patient of Dr. Lifscutz for around six months. As a
result of being assaulted, he sued his assailant. In an attempt to discredit the case, the defense wanted information to try to prove the plaintiff was not
competent. Lifschutz refused to give up client records. According to Stanford Law, "He also attacks the order, or more specifically, the statutory
provisions which authorize the compulsion of his testimony in these circumstances, as unconstitutionally denying him the equal protection of the laws
since, under California law, clergymen could not be compelled to reveal certain confidential communications under these circumstances. Defendant
Arabian deposed the plaintiff and during the course of that deposition Housek stated that he had received psychiatric treatment from Dr. Lifschutz over
a six–month period approximately 10 years earlier. Nothing in the record indicates that the plaintiff revealed the nature or

What Is Expunction?
A person who has been arrested can feel the impact over many situations. It might not matter if the charges were dropped if anyone can view the arrest
record. It can influence decisions from third parties like whether you get hired for certain jobs. It can come up during background checks for housing
or loan applications too.
What is Expunction?
An expunction will remove an arrest from your record completely. When a potential employer does a background check, that arrest will not appear on
the record when there's been an expunction. The police and other law enforcement agencies will not be able to see an arrest with this procedure either.
This differs from sealing a record. When a record is sealed, there's still a record to be seen. Law

Superior Court Case Study
Throughout the course of this investigation, the following courthouse was researched to locate any all court documentation for Dennis Baker and
Charlotte Baker, as the search was expanded to include Shawna Thornton's affiliation with the Bakers'. The investigator located the results for each of
the dates: On 7/7/2016, the files for Shawnya E. Thorton was found to be an Unlawful Detainer for Madison Park vs. Thorton court case, dated 1/8
/2015. Case Status Records were pulled for this matter at the Superior Court of California, San Bernardino, Rancho Cucamonga Courthouse. On 7/8/16,
at the Pasadena, Superior of California Courthouse's City Clerk's Office, the investigator conducted research with the Courts computer and located a
case number 07C01773 referencing Dennis Baker.... Show more content on Helpwriting.net ...
First Interstate Bank of California. Upon further checking the Clerk's Office claimed the documents for the case were transferred to the Superior Court
Archives Department. Upon further investigation with the Clerk at the Superior Court Archives Department, the case was redacted due to the
shelf–life of the documentations. On 7/13/16, at the Alhambra Superior of California Courthouse's City Clerk's Office, the investigator discovered
Dennis Baker's name associated with a criminal courts records that originated at Chatsworth's Superior of California Courthouse. These said records
were sent to the Alhambra's Superior Courthouse, as the case file was ultimately transferred to the West Covina Superior of California Courthouse. No
records provided. On 7/14/16, at the West Covina Superior of California Courthouse's City Clerk's Criminal Office, the investigator discovered court
case summaries under Dennis Lamarce Baker. The records were destroyed, but the summaries for each of the criminal matters for Mr. Baker were
summarised for the following offences

Juvenile Court Research Paper
Juvenile court is a type of specific court that functions within the judicial system. Every state has this special courts that transact with juveniles,
individuals between the ages of 10 and 18 in most states, who have been suspected of violating an unlawful act. Adults are accused of crimes and
juveniles are commonly accused of delinquent acts. Subsequently, children have a lesser understanding of the regulations, so they receive or are
awarded special protections. They do not have all the constitutional rights that adults have because they are minors. A minor could be tried as an adult
and will not receive special protections, if they have violated certain atrocious crimes. Although juvenile courts are for minor, they still operate a lot

Ripeness Case Study
I.The current issue is whether Maurice has standing to bring his suit to district court. Standing ensures that individuals meet certain qualifications to
permit the court to hear their case. Under Article III, there must be a case or controversy present before an individual possesses standing. This requires
an injury in fact, a causal connection between the injury in fact and the defendant's actions, and there must be a way to redress the harm done. The
ripeness doctrine ensures that only injury in facts that have already occurred may be heard. In his claim, Maurice produced three pieces of evidence,
retaining to: his employment record, his need to obtain a job and an affidavit stating that the company stores employment records and has sent

The Role Of The Foreign Intelligence Surveillance Court
The Foreign Intelligence Surveillance Court (FISC) was created by Congress in the Foreign Intelligence Surveillance Act (FISA) of 1978. The role of
the Foreign Intelligence Surveillance Court is to provide judicial oversight of Intelligence Community activities in a classified setting. It is composed
of federal judges appointed by the Chief Justice of the United States Supreme Court. The decisions of the court can be reviewed by the Foreign
Intelligence Surveillance Court of Review (FISCR) and the Supreme Court. After the Foreign Intelligence Surveillance Act Amendments Act of 2008,
the Foreign Intelligence Surveillance Court has to rule on important and novel Fourth Amendment issues raised by the government 's proposed
targeting and minimization procedures (EPIC, 2015). The Foreign Intelligence Surveillance Court was originally composed of seven district judges
appointed by the Chief Justice of the United States to serve for a maximum of seven years. Amendments in the USA Patriot Actincreased the number of
judges on the Court to eleven, with three required to live within twenty miles of the District of Columbia in 2001. The Chief Justice appoints a Presiding
Judge for the court from amongst these eleven judges. The Foreign Intelligence Surveillance Court operates out of a secure location in the federal
courthouse in Washington, D.C., but can authorize searches or surveillance "anywhere within the United States" (EPIC, 2015). The Foreign
Intelligence Surveillance Court

Contract Law and Music Copyright Essay
COURSEWORK FOR CONTRACT LAW (MUSIC*) *On what basis does the inclusion of samples of a recording made by *Pink Floyd constitute an
infringement of copyright? In civil law regarding copyright, there are two types of infringement; primary and secondary. Primary is concerned with the
unauthorised use of copyrighted works and secondary would involve the dealing or making commercial use of such infringing copies. In the music
industry, an infringement of copyright often consists of an existing piece of music being used by an artist without permission from the person or
company who own the rights to the original music or recorded sound. This is exactly what has happened with Alexei Duff. He has used two samples
from two Pink Floyd tracks ... Show more content on Helpwriting.net ...
Alexie Duff could argue that the sample does not play a substantial part in the piece however he still sampled a sound recording without acquiring
permission from the copyright owners. If legal action was to be carried out and the judge decided against Alexie Duff, overall it would stand that the
samples used were taken from original sound recordings by Pink Floyd so therefore an infringement of the sound recording copyright would have
occurred. If Alexie Duff was to re–create the drum beat rather than use the existing recorded sound then this would still be sampling though it would
only be an infringement of the musical copyright. In spite of this, Pink Floyd's record label may have less of a case in court as the sample was so short.
However this is not the case. An example of where a record company has decided to take legal action against an artist for the use of sampling is the
case of Hyperion Records Limited v. Warner Music (UK) Limited. A band called "The Beloved" used an eight second sample of a song called "O
Euchari". The sound was recorded by a singer named Emily Van Evera. Hyperion Records owned the rights to the sound recording and decided to sue.
At the preliminary hearing, the judge decided that that the eight seconds of sampled music constituted as a substantial part. In the end, an out of court
agreement was made between the two parties. Another example would be the case of

A Case Summary Of A & M Records Vs. Napster, Inc.
This case with the A & M Records vs. Napster, Inc. stated that record companies and music producers are filing a lawsuit against Napster. Napster is
an online media source that serves the consumers for downloading music to their tablets, I phone's, MP3 players, to where the consumers must have
access to the Napster system to receive files and data. The A & M records are suing for the copyrights that the Napster is taking advantage from the
music industry that the company had no rights to give permission over to Napster to transfer through servers. The A & M Records must have evidence
that shows the ownership of the material and the copyright.
The conclusion of this case study of the A & M records over the Napster server is that the plaintiff

The Napster and Grokster Cases: Differences and Similarities
Along with the development of a file format (MP3) to store digital audio recordings, came one of the new millennium's most continuous debates –
peer–to–peer piracy – file sharing. Internet companies such as Napster and Grokster became involved in notable legal cases in regards to copyright
laws in cyberspace. These two cases are similar in nature, yet decidedly different. In order to understand the differences and similarities, one should
have an understanding of each case as well as the court's ruling.
According to the text A Gift of Fire, Napster "opened on the Web in 1999 as a service that allowed its users to copy songs in MP3 files from the hard
disks of other users" (Baase, 2013, p. 192, Section 4.1.6 Sharing Music: The ... Show more content on Helpwriting.net ...
Louis School of Law, "Washington Law Blog", Case Study: A & M Records v. Napster, Inc., para. 1). Napster did not stay in business long after the
higher courts ruling.
This case was quickly followed by another well–know copyright infringement through free software situation. As John Zelezny's text, Communications
Law: Liberties, Restraints, and the Modern Media, notes, "two companies, Grokster and StreamCast Networks, distributed free software that allowed
users to share digital files through peer–to–peer networks where personal computers communicated directly with each other and not through a central
service" (Communications Law: Liberties, Restraints and the Modern Media, 2011, p. 360).
The entertainment industry expressed its displeasure when Metro–Goldwyn Mayer (MGM) and "other film studios, songwriters, music publishers and
recording companies filed suit against both Grokster and the StreamCast Network" (Communications Law: Liberties, Restraints and the Modern
Media, 2011, p. 360). This landmark case made its way to the hallowed halls of the United States Supreme Court after the higher court granted review
of the lower federal courts decision to side with the defendants (Grokster and StreamCast). Thus was born the case MGM v. Grokster, 545 U.S. 913
(2005). The Supreme Court under began hearing arguments in this case in

Jennifer Eagan's Deliberative Democracy?
The branches of government were created to form a well–functioning government that will not oppress its people; instead they are all working
diligently for the public good of the nation. Deliberation, according to "Deliberative Democracy" by Jennifer Eagan, is the process that results into the
public or common good through reason rather than through political power. Deliberative democracy is not based on a competition between conflicting
interests but on an exchange of information and justifications supporting varying perspectives on the public good. The judicial branch of the federal
government is the most deliberative today because they record their thought process when a decision in court has been made, the process when the
Supreme Court ... Show more content on Helpwriting.net ...
When the Court agrees to hear an appeal; this sends request to lower courts to send them records. They typically take cases to decide constitutional
impact, that answer important legal questions that affect the whole nation and writ of certiorari is " a request by the losing side in a case decided by
a federal appeals court or state supreme court to have the U.S. Supreme Court review and overturn the decision" (Bessette 495–6). This acts as a
deliberative action because of the records sent to them they are reviewing information and gathering new information during the case; information that
help make decisions and different perspectives that come together to form the decision for the case who has a full constitutional impact. They typically
take cases to decide constitutional impact, that answer important legal questions that affect the whole nation. In addition, it does not only affect the
people involved in the case but the whole nation since it is a decree and therefore cannot happen again if the Court ruled the offense to be
unconstitutional. It is working for the public good of the

The Threat Of The Patriot Act
I Spy After the terrorist attacks of September 11th 2001, an American public was shocked, flabbergasted, and lost for words for the first time since
Pearl Harbor. Out of these fears the PATRIOT act was conceived; promising to help stop future terrorist plots the bill was initially met with high praise
from the public and media. It was not for another decade that the side–effects of the patriot act were revealed to the world. The American public was
appalled at the circumvention of their fourth Amendment rights. Still there is a clear divide between those who believe that the National Security
Agency Is not violating the constitution and what they are doing is good for the betterment of the country and those who believe that their privacy
and undeniable American freedoms were violated in part of the NSA spying with both parties bringing their own views and ideals to the field. The
September eleventh attacks were the beginning of the end of privacy for American citizens the PATRIOT act which was signed a month later granted
full access to the phones and computers of the people. It took over a decade for the public to become aware of the illegal spying that the NSA had
conducted. The NSA spying is a complicated and controversial matter while there have been several judicial courts that have ruled against the spying
there has also been just as many cases of the court 's finding the spying constitutional. The fourth amendment was put into place as a way for Americans
to have

Osorio V. Baxter Int, Inc.: Case Study
C.Records Second, Pfizer may be able to argue that it has better records than Rector. Courts have not consistently dealt with records as evidence of
product identification. Courts are currently divided about whether plaintiffs must provide records to satisfy their product identification burden. Many
courts have implied that a plaintiff must provide more than just their testimony to establish product identification. Mississippi Valley Silica Co. v.
Reeves, 141 So. 3d 377, 383 (Miss. 2014); Osorio v. Baxter Int'l, Inc., 2011 U.S. Dist. LEXIS 48820, *2 (N.D. Ohio May 6, 2011). For example, in
Reeves, the Court found that the plaintiff did not meet his burden on product identification because there were no records that the plaintiff ever
interacted... Show more content on Helpwriting.net ...
One court found that New York's mandatory generic drug law was conclusive proof that the plaintiff received a generic drug because the pharmacist
had no choice, but to fill the prescription with generic drugs. Zandi v. Wyeth, No. A08
–1455, 2009 WL 2151141, at *3 (Minn. Ct. App. July 21, 2009).
In contrast, a different court found that West Virginia's generic drug law was not conclusive evidence because it merely allowed a pharmacist to fill a
prescription with a generic version of a drug. Keffer v. Wyeth, No. CIV.A. 2:04
–0692, 2011 WL 1838966, at *3–4 (S.D.W. Va. May 13, 2011). Pfizer
may be able to use Missouri's generic drug statute as evidence against product identification. Unfortunately, Missouri's statute is closer to West
Virginia's than it is New York's because it is not mandatory. MO. ANN. STAT. В§ 338.056 (West 1996). Therefore, we likely cannot argue it is
conclusive evidence that generic drugs were given to Rector. However, we can likely still use it as evidence as the statute does suggest a normal
operating procedure of prescribing generic drugs. E.

Tenth Circuit Case Analysis
Federal courts generally reference what the Kansas courts describe as a "cognizable legal prejudice" as the loss of a "substantial right" due to the
dismissal. Pontenberg v. Boston Scientific Corp., 252 F.3d 1253, 1255 (11th Cir. 2001). The Tenth Circuit has recognized four main factors when
determining whether a legal prejudice exists: "the opposing party's effort and expense in preparing for trial; excessive delay and lack of diligence on
the part of the movant; insufficient explanation of the need for a dismissal; and the present stage of litigation." Brown v. Baeke, 413 F.3d 1121, 1124
(10th Cir. 2005). Defendants' Response claims the Defendants will be "substantially prejudiced" by an or–der of dismissal, but do not provide any
identification of what that prejudice would be or how the prejudice would rise to the level of the loss of any substantial right. Since the Defendants
have not identified any "legal prejudice," or met their burden of showing any "plain legal prejudice" resulting from the requested dismissal, the Court is
without grounds to deny the... Show more content on Helpwriting.net ...
This argu–ment is also foreclosed by the procedure set forth in the Protective Order because it leaves to the discretion of a party the designation of
documents as confidential and subject to the order, see Order, at В¶ 3(7), and which also provides the means by which a party could seek review of a
des–ignation of confidentiality, Order, at В¶ 8. No such motion was ever timely filed by the Defend–ants. Any motion hereafter filed by the Defendants
for such a purpose, after a dismissal, would come at a time when the Court was without jurisdiction and would be moot (not to mention futile for
reasons stated above). See Ireland v. Byrne,

Florida Vs Harris Case Study
Florida v. Harris 568 U.S. 2012 (2013) Procedural History: The trial court denied Harris's motion to suppress evidence that was found when Officer
Wheetley performed a search, and the court found that Wheetley had probable cause to search Harris's vehicle. The defendant entered a not guilty plea
and appealed to the intermediate state court. The intermediate state court affirmed the trial court's ruling. The Florida Supreme Court reversed the
decision stating that Wheetley lacked probable cause. When the case was brought before the U.S. Supreme Court, they rejected and reversed the
decision that the Florida Supreme court made, and they upheld the decision of the trial court. Facts of the Case: In the first incident, Clayton Harris's
truck was pulled over by Officer Wheetley because it had an expired license plate. When Wheetley approached the vehicle the suspect... Show more
content on Helpwriting.net ...
Wheetley also noticed that a can of beer was sitting in the vehicle's cup holder. Wheetley asked Harris for consent to search his vehicle. When Harris
denied contest, Wheetley retrieved his drug–detection dog Aldo from his patrol car. Wheetley walked Aldo around Harris's truck for a "free air sniff",
and Aldo alerted on the vehicle's driver–side door handle. From the demeanor of Aldo's behavior, Wheetley believed that he had probable cause to
search the vehicle. Wheatley's search did not result in any drugs that Aldo was trained in detecting, but the search did result in the finding of materials
used to make methamphetamine. These materials included two hundred pseudoephedrine pills, eight thousand matches, a

Juvenile Law Breakers In The Court Of Law Essay
There exist composite and acute issues that are experienced by the American Jurisprudence in the magnitude to which youthful records are used to pass
verdict upon grown up lawbreakers. There exists considerations which defends the crimes by youths which states that the crimes are neither committed
are not with satisfactory capability, hence no adequate justice to judge them with the transgressions during adulthood (Sanborn 1997).
Submitting juvenile files into Federal Court sentencing can result to either an extended sentence or death penalty judgment increased. The policy was
assed to ensure that juvenile criminal records are not used as part and parcel of adult's sentence in court. This is justified by the fact that juvenile
courts were aimed to deal with crooks with compassion and are also less significance ... Show more content on Helpwriting.net ...
There exist conditions set by the U.S ultimate court to govern on the policy. For almost seven decades now, trials in juvenile courts only gratify basic
essential fairness. The arbitrated law–breakers are not judged according to the constitution. The 14th Alteration clause necessitates much less in the way
human rights than is assured under the bill of rights in the criminal law court. (Sanborn 1997). Allowing use of juvenile records in the court of law is
not justified and should not be used to judge adult criminals. Detecting behavioral shifts from juvenile to adult's court system is complicated due to the
following reasons:
i.It is evident that violent behaviors varies over the age distribution (Handler, Joel 1965). Crime rates classically upsurge during the teenage years, with
tailing of property crime at the late teens and then the violent crimes subsides somewhat later. Hence, it's really unfair to arbitrate an adult criminal due
to how they behaved during their teenage

Court, All Parties And Their Counsel Of Record
NOTICE OF MOTION
TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:
NOTICE IS HEREBY GIVEN THAT on February 24, 2016, at 1:00 P.M., or as soon thereafter as this matter may be heard, at the Courtroom of the
Thomas Jefferson School of Law, located at 1155 Island Avenue, San Diego, California, 9210, Defendant Hipster Airlines Co., ("HIPSTER"), by and
through its counsel of record, will and hereby move the Court pursuant to Fed. R. Civ. P. 12(b)(6) for an Order dismissing Plaintiff Trini Tang's
("TANG") Complaint against Hipster, for failure to state a claim upon which relief can be granted. This Motion is based on the Memorandum of Points
and Authorities herein, the pleadings and papers on file in this action, such matters at the Court may take judicial notice, and argument and evidence to
be presented at the hearing on this Motion.
MEMORANDUM OF POINTS AND AUTHORITIES
I.INTRODUCTION
Tang filed a two–count complaint for negligence and vicarious liability against Hipster, for injuries sustained during the evacuation of Airline Boeing
737 aircraft on February 1, 2015, in San Diego, California. Tang's Complaint is deficient on its face and presents no potentially viable claims for relief
against Hipster; nor does the complaint meet the pleading requirements under Fed. R. Civ. P. 8(a)(2). This Court should dismiss Tang's complaint with
prejudice.
II.STATEMENT OF FACTS
Tang boarded a Hipster, Boeing 737 aircraft, flight from San Diego, California, to Chicago, Illinois, on

Expunge In Criminal Justice
"To "expunge" is to "erase or remove completely." In law, "expungement" is the process by which a record of criminal conviction is destroyed or
sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially
removing it from a defendant's criminal record as well as, ideally, the public record" (What is Expungement (n.d.). Expungements are very important
to a young person, that made a bad decision, that leads to an arrest, a juvenile record can follow a person for their entire lifetime, affecting their ability
to find a employment, go to college, or even sign a contract. Even though you were not convected, a record of their arrest and prosecution will remain,

Juvenile Court Case Study
In the Juvenile Case #1, the client suspected of burglarizing and murdering the elderly lady should be tried in a Juvenile Court rather Adult court
which would be in the best interest of the child. To begin with, the client has no juvenile delinquent record and had minimal behavioral issues in the
Juvenile Hall, which aids to their side since they have a clean history and this is the first record of criminal behavior. With this in mind, it is plausible
for the minor to change to become a better civilian through rehabilitation which is made possible by the Juvenile court. The client has proved their
ability to improve themselves by earning a high school diploma and attending voluntary treatment programs which shows the success of the juvenile...
The suspect was only 14 years old when placed into custody, where they are young enough to still be considered an adolescent and don't know right
from wrong. For a young client that was born addicted to meth and abandoned at birth, they must have a poor mental and emotional state that exists
within them. Without having a biological mother or father figure in their life, they lack guidance in identifying what is wrong and what is right and
what the consequences of their actions are due to the poor parental supervision they were exposed to while growing up. Alongside, the lack of parental
support and supervision while growing up the minor is proven to suffer from psychological disorders such as ADHD, insomnia, and anti–social
tendencies which affects their mental and emotional health. With the client having no gang ties or association, this greatly increases the likelihood that
they will rehabilitate since they carry no ties with other gang members or criminals. Next, the minor did not originally have the intent to stab and
murder the elderly lady before entering the home. As the client retrieved a deadly kitchen knife from inside the house, rather than bringing their own
weapon shows how this was not a planned premeditated murder. This proves that a rather spontaneous and unpredicted action was committed by the
juvenile that could have been triggered by their poor mental and emotional state. In the end, due to the minimal degree of criminal sophistication that
exists in the minor they should be initiated under the juvenile court

United States Court Of Appeals Essay
Mark J. Mcburney (Respondent) V. Nathaniel L Young, 569 US, 12
–17. (2013) Argued February 20, 2013–Decided April 29, 2013 in United States
Court of Appeals for the Fourth Circuit Facts: A former resident of Virginia is denied access to public information needed for filing a petition for
child support. The Virginia Freedom of Information Act ("VFOIA") reads, "all public records shall be open to inspection and copying by any citizen
of the Commonwealth " Va.Code Ann. В§ 2.2–3704(A). In question is the violation of, The Commerce Clause and the Privileges and Immunities
Clause in the process. Article I's, Commerce Clause gives Congress power to "regulate commerce ... among the several states (Szypszack, 2011, p.
13). The Privileges and Immunities Clause of Article IV guarantees uniformity of rights across the state borders (Harvard Law Review, 2013).
McBurney was denied information needed to resolve a nine–month delay in child support. The Respondent, Mr. McBurney filed a complaint in the
Eastern District of Virginia's District Court (Cornell University Law School). The Eastern District of Virginia's District Court ruled against
McBurney. McBurney appealed to the Fourth Circuit Court of Appeals (Cornell University Law School) only to be affirmed The Supreme Court
granted a writ of certiorari (Cornell University Law School)or review of the McBurney's case. Issues: Did The State of Virginia violate the Privilege &
Immunities Clause or Commerce Clause when applying its

Judge Pauline Hankins 's Court Record
The prosecution works to get their guilty verdict while the defense tries to help their clients with their verdicts. In court I listen to both sides argue the
Innocence/Guilt of the young woman in question wanted on DWI charges. The honorable judge Pauline Hankins presides over the court and waits
patiently for all the evidence to be presented. The prosecution and the defense are set on opposite sides of the courtroom while the jury box and the
belief are set next to the judge. Judge Pauline Hankins is in the middle of the courtroom in front of the North Carolina State seal with an office on the
right next to the witness stand. Everything that has been said in the court is added to the court record. The court record is a detailed document ... Show
more content on Helpwriting.net ...
For starters let's begin with a criminal court which is a court that has jurisdiction to try and punish offenders against the law. The Federal Rules of
Criminal Procedure are criminal proceedings in U.S. district courts, the courts of appeals, and the Supreme Court. Their purpose is to provide a
simple and fair court proceeding. The original rules were observed by the Supreme Court in 1944, and then later on in 1954 congress took over the
rules of criminal procedures and it has been edited multiple times most recently in 2014. However, a civil court is another type of civil process and it
is very different from criminal court.
A Civil court is as the name implies a court system based on disputes between average citizens which are far different from a criminal court where
you are dealing with convicts. Just like a criminal court, a civil court also has a set of procedures listed by the judicial system in 1937 with over 86
different rules. Civil cases usually involve disputes between people or organizations. The court case Fenton v. Dudley in 2014. Fenton V. Dudley is
"A lawsuit against lawyers who had filed a Fair Housing Act lawsuit against the plaintiff, which is the person who filed the lawsuit, and it later made
its way from federal court to state court" ("Civil Rights –– federal court jurisdiction"). Both Civil and Criminal court both have the privilege of a trial
by jury, depending on the circumstance.
The right to have a trial

Crime Statistics : Police Crime Records And Court And...
CRIME STATISTICS IN THE UK
OFFICIAL CRIME STATISTICS
Official crime statistics are obtained from 'the records kept by the police and other official agencies' (Moore, Aiken, Chapman 2006, p. 267). These
records are gathered and published by the Home Office. According to Moore and Sinclair (1995) for an action to be officially categorised as acrime it
should be considered as deviant and reported to the police. Then, the police should respond in the way which will start the legal process.
There are two main types of official crime statistics: police crime records and court and prison figures. The police systemising records of the crimes
into different categories, for example: burglary, child abuse, domestic violence etc. The courts register convictions for criminal offences. The prisons
record how many convicts are in and which offences they committed. The official statistics are useful from historical point of view as they have been
kept since 1857. They are providing valid perspective on crime tendencies in the society, geographical crime rates, police workload and changes in the
criminal justice system over the time.
However, the official crime statistics as any other kind of statistics are part of social processes, influenced by many factors and cannot show the whole
picture of the extend of crime. The police records in general tend to underestimate the crime rate.
On many occasions people do not report crimes as they regard them as too trivial (such as vandalism, for

Favor Of Abolishing Juvenile Court
Proponents of abolishing juvenile court claim that all crimes should be treated the same and children are no exception. They also claim that because a
punishment is supposed to fit the crime teenagers who have committed high–level crimes deserve to be tried as adults. Another popular claim is that
the adult court system lowers juvenile recidivism. What these individuals fail to see is the psychological trauma that adult courts have on adolescents.
Instead of being tried as adults, children should be tried in juvenile because children's brains are not fully developed, there are flexible sentences, and
juvenile courts allow for more rehabilitation. First, children do not have the necessary brain development to comprehend the court ... Show more content
on Helpwriting.net ...
Proponents of the abolition of juvenile court fail to realize that even teenagers do not have the emotional development to fully understand what is
happening. According to Robin Nixon, adolescents have an entirely new set of intense emotions which makes rational decision harder. She reported, "
Part of the limbic system, the amygdala is thought to connect sensory information to emotional responses. Its development, along with hormonal
changes, may give rise to newly intense experiences of rage, fear, aggression (including toward oneself), excitement and sexual attraction" (Nixon).
These intense emotions cause adolescents to act irrationally. To say that teenagers have the emotional stability and maturity to be tried as an adult is
preposterous. There are many problems that arise when a child is tried in adult court. These issues surface as emotional breakdowns, a lack of
remorse, and even aggression. The harsh environment of an adult court does not mix with a child's emotional needs. Emotional breakdowns stem from
nervousness and guilt while a lack of remorse stems from younger children failing to understand what they did and aggression is an automatic response
to what is happening around these children. Instead of treating them as adults, the justice system needs to keep the juvenile justice court in order to
give these children a fair trial and rehabilitation. Second, children should be tried in juvenile court because of the flexible

Appellate Legal Case Analysis
Malcolm Gladwell once stated, "ten thousand hours of deliberate practice are needed to become world class in any field" (Gladwell). In other words,
Malcolm believed that an individual who dedicated thousands of hours to a specific occupation would manifest success. Similarly, this
ten–thousand–hour rule could apply to a certified specialist in appellate law because anyone able to meet the challenge and educational requirements
to become a certified appellate specialist would have spent at least ten thousand hours practicing in this specific field. According to John Derrick who
is a certified specialist himself stated, "Out of approximately 222,000 licensed lawyers in California, about 250 have this certification – roughly, one in
every 900"... Show more content on Helpwriting.net ...
Great writing takes years to master so one must start practicing now to hone his or her craft. To take a case in point, since college is a culture of
reading and writing, there's no better place to start than PLSI Legal Reasoning. This course like many other courses requires a lot of advanced
writing and critical thinking and it's only going to get harder unless one enjoys the art of writing. That is why I became a philosophy major to help
myself become a better writer, but more importantly to prepare for law school. Therefore, Kathy's lecture directly relates to legal reasoning because
she explained the different components of laws and cases and the role lawyers and judges play with in those cases, such as the appeals process, which
is largely fought on paper. In sum, I will continue to challenge myself to become a great writer. WORD COUNT:

Memo Essay
The purpose of this memorandum is to provide guidance to the Swiss government regarding criminal records of Canadian citizens who want to apply
for a Swiss citizenship. We will cover the following issues in the Province of Ontario only:
Criminal records from Minor Courts or from similar authorities
Criminal records based on the YouthCriminal Justice Act (YCJA)
Information on civil litigation
Criminal records for individuals from the local police departments
This memorandum is intended to provide only an overview of the main issues; we are happy to provide more detailed information on any issue or
other topic that may arise.
A.Criminal records from Minor Courts or from similar authorities
In Ontario, there is no special ... Show more content on Helpwriting.net ...
Record on civil litigation
According to sec. 137 (1) of the Courts of Justice Act (CJA), on payment of the prescribed fee, a person is entitled to see any document filed in a civil
proceeding in a court, unless a statute or an order of the court provides otherwise, e.g. in case of confidential information.
In addition to that, on payment of the prescribed fee, a person is entitled to see any list maintained by a court of civil proceedings of actions
commenced or judgments entered (sec. 137 (3) CJA).
Apart from that there is no 'civil litigation record' in relation to a person that you can request from a single authority that would cover all courts in
Ontario. Instead you have to request the information as to whether a person is or was involved in a lawsuit from every single courthouse in Ontario.
There is no established way to handle such a request. Every courthouse will handle this request the way it considers appropriate, as there is no
standard for that. This means, that a courthouse will probably refuse to 'certify' that kind of information and might only provide 'informal' reference on
ongoing or past lawsuits, as the risk of mistaken identities is too high. In Canada a person can sue another

Criminal Appeal Process
Federal Criminal Appeal Process as a Social Policy
The losing party in a judgment by a federal district court, in general has a right to appeal the judgment to the next highest court, which is usually the
United States Circuit Court of Appeals. In a federal criminal case, the government may not appeal a not guilty verdict, though they may appeal the
sentence imposed on a criminal convict. In a federal criminal case, the defendant may appeal their conviction and the sentence.
The party who files the appeal is known as the appellant. The appellant has the burden of proof. The appellant must demonstrate to the United States
Circuit Court of Appeals that the federal district made a substantial legal error, which affected the judgment in the... Show more content on
Helpwriting.net ...
Secondly, as stated above, the burden of proof is on the appellant to prove that an error occurred and that the error was substantial. Errors that do not
impinge on the substantial rights of the appellant are disregarded as harmless error. Number of Appeals Overview
As a general rule, the final judgment of a lower district may only be appealed once to the next higher court. Therefore, the total number of appeals is
dependent upon the total number of superior courts to the lower district court, which rendered the judgment. The first appeal is the "appeal as of
right"(Levenson, 2017). The "appeal as of right" entitles the appellant to the assistance of counsel (Levenson, 2017).
Steps in Filing a Timely Appeal: File the Notice of Appeal
Filing an appeal is ordinarily a two step process: firstly, file the notice of appeal. The notice of appeal is filed with the lower district court, which
simply notifies the lower district court that the defendant is appealing the case. The United States Circuit Court of Appeals may not consider an
appeal, if the lower district court has not received timely notice of appeal. In criminal appeals, notice of appeal must be filed within ten days from the
date the lower district court's judgment if filed (Levenson, 2017).
Secondly, file the appellate brief with the United States Circuit Court of Appeals. As stated above, the appellate

Case Study : The Malpractice Case
Chapter Five Case Study Essay The malpractice case that was discussed in the chapter five case study, is something that hospitals need to consider
when creating procedure for their health records because they need to ensure that their records are meeting specific standards. Accident or unexpected
outcomes in healthcare happen and the care organization needs to understand how the litigation process works and how evidence is used. In order to
fully understand the malpractice case involving General Hospital and the patient, we must first discuss what evidence is, how it is accessed, and how a
health record fits into the realm of evidence. According to the Oxford Dictionary, Evidence in law is "Information drawn from personal testimony, a
...
As the custodian of the health record, the health information professional must validate the documentary evidence and prove that it was collected,
kept, and protected in the proper way. Without this standardized procedure of keeping medical records, they could not be admissible in court to
protect the health care organization or others involved in the organization (Klaver, 2017). Typically, to gain access to a patient's health record, the
attorney or individual would need to have the patient sign an Release or Information form or have patient authorization that allows access. These steps
are used to protect the individual's private health information from being viewed by the wrong individual. In Jessica's position, she should review how
the information was obtained by the attorney because you don't want to accidentally release information that is privileged or private. This could get the
hospital into more trouble because it would be an unauthorized information breach, which could result in another type of litigation. If the information is
obtained unlawfully, it most likely won't be admissible in court and they won't be able to prove that they didn't do the plaintiff any harm (Klaver,
2017). The plaintiff's record will most likely be admitted in court due to the legal theory of waiver of privilege. This theory states that since the plaintiff
is the one who initiated the litigation, their patient health

People V Smith Case Summary
In People v Smith, Ricky Franklin Smith pled guilty to breaking and entering and being a fourth offense habitual offender in a Michigan Courtroom.
Smith was sentenced and he believed his sentence was harsh so he appealed his sentence to the Michigan Court of Appeals. Smith's counsel argued
Smith was "entitled to be resentenced because the presentence investigation report contained references to his juvenile criminal record which had
been automatically expunged pursuant to former MCR 5.913.[5]" (People v Smith, 1991). In two previous cases, People v Price (1988) and People v
Jones (1988), the Michigan Court of Appeals issued contradicting rulings regarding using juvenile records during sentencing. In People v Price (1988),
Price pled guilty to burglary of an unoccupied residence and theft. Price was sentenced to "eighty... Show more content on Helpwriting.net ...
Some states seal juvenile records and others have laws that leave juvenile records alone; however, some still restrict their use for court proceedings
only. Almost every state and courts are in a position where a juvenile court records may be viewed by a judge and it can affect a juvenile's sentence as
an adult. States constructed expungement statutes and rules which restricted the use of a delinquent juvenile histories, "by permitting the use of such
offense records when sentencing a juvenile offender as an adult, that the stigma of delinquency" with the statutes and rules creates a "social or civil
stigma, and economic disabilities that accompany a criminal record" (People v Smith, 1991). Ultimately, the main purpose of a court rule or similar
statutes in other states is stop the juvenile history from preventing a person from any educational, social, or employment opportunities. Nevertheless, if
a juvenile offender re–offends and end back in court as an adult, the juvenile history could be considered in the sentencing phase (People v Smith,

The Importance Of Expungement
We know, in this country, that children are inherently different from adults and studies confirm this (Shah, Fine, & Gullen, 2014). These proven
studies, have influenced the U.S. Supreme Court in making case law on treating youths in a different manner from adults. This includes the ability to
have a juvenile record expunged (Shah, Fine, & Gullen, 2014). When a juvenile commits an offense and an investigation is conducted, many pieces of
personal information are collected. Most states have realized, protecting this information of youths, should be guided under separate regulations than
adults (Shah, Fine, & Gullen, 2014). In the United States, we understand that youths are more apt to make changes in behavior, and should not have the
obstacle of transitioning into adulthood with the burden of a record (Shah, Fine, & Gullen, 2014).
Expungement basically means that a record will be destroyed and it will be as if it never happened (Shah, Fine, & Gullen, 2014). This is true to
some degree, but no record is ever truly wiped clean. Each state in America has established laws, which govern the process for expungement. For
example, some states are set up to automatically expunge juvenile records at a certain age to set them up for success, as they transfer into adult status
(Shah, Fine, & Gullen, 2014). In other states, the court has to be petitioned by the individual. Also, just because a record is expunged, some instances
still require discloser of the juvenile record

Advantages And Disadvantages Of Juvenile Being Tried As...
On May 31st, 2014 a twelve year old girl named Payton Leutner was stabbed 19 times by two of her twelve year old friends that were trying to
please a fictional character called Slender Man. Leutner's friends lured her into a Waukesha park, stabbed her and left her for dead. If the two twelve
year old girls were convicted in juvenile court, they would stay in jail until they are 18 then, when released back into their communities, they would
have intense supervision and services. However, if they got convicted as adults they would face up to 65 year in prison with a combination of prison
and extended supervision under the Department of Corrections.
The two young girls convicted of the crime were 13 at the time of the trial. Even though the two young girls were juveniles they got tried as adults
because they seemed to plan the attack months in advance, and it made them seem to dangerous and unsafe in a juvenile court. One of the girls was
diagnosed with early onset schizophrenia which led to them being tried in adult court. If juvenile is defined as someone who committed a crime under
the age of 18, who can you justify having them in a court designed for adult offenders.
Some juvenile cases get transferred to adult criminal court through a process called a waiver. A waiver is when a judge waives the protections that
juvenile court provides. Usually when cases are wavered they are more serious crimes, or they are juveniles who have perviously committed crimes.
Although being tried in adult court gives a juvenile more protection, it has distinct disadvantages too, which including the potential for a more severe
sentence and the possibility of serving time in an adult correctional facility. Some factors that might help a case get a waiver is, the juvenile is
charged with a serious offense, the juvenile has a lengthy record, or the minor is older. There are many reasons why juveniles should and should not
be tried as adults and here are some of those reasons.
Pros of Juveniles being tired as adults
Bringing justice to extreme crimes
Even though juveniles are kids, they should still be able to distinguish right from wrong. The victims and their families should still deserve justice.
Courts focus on age instead of

Case Study: Sell V. United States
ARGUMENT
At stake is Mr. Whitman's 4th Amendment liberty, which Sell was implemented to protect. In order to safeguard the liberty interests of sick defendants
in Sell, the Supreme Court implemented four factors that the government must establish before it may forcibly medicate sick defendant to render the
defendant competent to stand trial (citation needed). First, it must prove that an "important government interests are at stake." Second, it must establish
with clear and convincing evidence that the "involuntary medication will significantly further" those interests. Third, the government must demonstrate
that "the involuntary medication is necessary to those interests." Fourth, it must demonstrate that the "administration of drugs is medically appropriate."
Sell v. United States, 539 U.S. 169, 180–181 (2003). ... Show more content on Helpwriting.net ...
Id. at 180. To prove that the involuntary medication will significantly further those interests, the government must prove that the medication "is
substantially likely to render the defendant competent to stand trial", "and that the administration of drugs is substantially unlikely to have side effects
that will interfere significantly with the defendant's ability to assist counsel in conducting a trial defense." Id. at 181. In the case before us, the
government has failed to prove that its interest in trying Mr. Whitman is not mitigated by special circumstances. The government has also failed to
prove with clear and convincing evidence that the proposed treatment of Mr. Whitman is substantially likely to render him

Darvocet, Darvon And Propoxyphene Products Liability Litig
The Plaintiff (Rector) likely has a strong argument that she should survive summary judgment because there is a question of material fact on product
identification. Courts have consistently held that a brand name drug manufacturer cannot be held liable for injuries caused by a generic form of the
drug they produce. In re Darvocet, Darvon, and Propoxyphene Products Liability Litig., 756 F.3d 917, 940 (6th Cir. 2014). However, if plaintiffs claim
they took the brand name drug itself, then courts have tended to apply a low standard for product identification. Courts have been reluctant to grant
summary judgment on product identification even when the plaintiff has minimal evidence that they took the brand name drug. In several cases, just
the plaintiff's testimony about the brand of the drug she took was sufficient to create a question of material fact. Furthermore, courts have held
defendants to a high standard on counter–evidence and have generally required nearly conclusive records to discount a plaintiff's evidence. However,
Pfizer can point to several cases that favorably discuss brand names and their generic uses, so Pfizer does have arguments it can make to push for
summary judgment. This... Show more content on Helpwriting.net ...
As previously mentioned in the section about similar cases, courts have found that a brand name, by itself, can be evidence of product identification. In
Michael v. Wyeth, the defendants raised the argument that brand names are suspect because they can be used to refer to generic products. No. CIV.A.
2:04–0435, 2011 WL 2011485, at *2 (S.D.W. Va. May 23, 2011). The defendants compared the situation to generic names such as "kleenex" or "xerox"
that will often refer to a wide variety of products besides the brand products. Id. But the Court rejected this argument, finding that there was no evidence
suggesting that the plaintiff or doctors were making that mistake.

Case Analysis : ' The Counsel For The Accused Was Mr....
Summary of Facts
This case's file number was VA 27088, and was taking place in Courtroom 75, at 10:00 am. The counsel for the accused was Mr. Bryan, and the Crown
lawyers were Mrs. Steele and Mrs. Kilgore. The case was about Mr. Hamdan, a thirty–three years old man lived in Fort St. John, who accused of
posting terrorist propaganda online. He also creates a website that has instructions and rewards listed for a person who carries out a terrorist activity.
The crown charged him with "counseling to commit murder for a terrorist group, counseling to commit mischief to a terrorist group and instructing a
person to carry out a terrorist activity" (Quote). However, he has not admitted all the charges and pleaded not guilty in the court. The police officer had
an interview with him in the past, and the judge is deciding to whether the record of the interview can be admitted as evidence against Mr. Hamdan at
his trial in future days. If the court had charged him with terrorist–related crime, he might be staying in jail for his whole life. Since there is a
publication ban for the proceeding, I did not get many cases of facts.
Plaintiff's/ Crown's Argument
The police officer represented as a witness in the court because he had interviews with Mr. Hamdan in the past. He wants to show the record of the
interview along with the relative transcripts as evidence of the trail. The Crowns were playing record of the interview, and they sometimes paused in
the middle of the record, and ask

Advantages And Disadvantages Of Juvenile Being Tried As...
On May 31st, 2014 a twelve–year–old girl named Payton Leutner was stabbed 19 times by two of her twelve–year–old friends that were trying to
please a fictional character called Slender Man. Leutner's friends lured her into a Waukesha park, stabbed her and left her for dead. If the two
twelve–year–old girls were convicted in juvenile court, they would stay in jail until they are 18 then, when released back into their communities, they
would have intense supervision and services. However, if they got convicted as adults they would face up to 65 years in prison with a combination of
prison and extended supervision under the Department of Corrections.
The two young girls convicted of the crime were 13 at the time of the trial. Even though the two young girls were juveniles they got tried as adults
because they seemed to plan the attack months in advance, and it made them seem too dangerous and unsafe in a juvenile court. One of the girls was
diagnosed with early–onset schizophrenia which led to them being tried in adult court. If a juvenile is defined as someone who committed a crime
under the age of 18, it is wrong to have them in a court justified for adults.
Some juvenile cases get transferred to adult criminal court through a process called a waiver. A waiver is when a judge waives the protections that
juvenile court provides. Usually, when cases waver they are more serious crimes, or they are juveniles who have previously committed crimes.
Although being tried in adult court gives a juvenile more protection, it has distinct disadvantages too, which including the potential for a more severe
sentence and the possibility of serving time in an adult correctional facility. Some factors that might help a case get a waiver is, the juvenile is
charged with a serious offense, the juvenile has a lengthy record, or the minor is older. There are many reasons why juveniles should and should not
be tried as adults and here are some of those reasons.
Pros of Juveniles being tired as adults
Bringing justice to extreme crimes
Even though juveniles are kids, they should still be able to distinguish right from wrong. The victims and their families should still deserve justice.
The courts focus on age instead of crime

Defense Enrollment Eligibility Reporting System Case Study
a) Audio recording of SSgt Holliman, USAF Hospital Medical Record Section, Robins Air Force Base. At the 4:30 point SSgt Holliman states Ms.
Jones directed her "Do not give him the records" My daughter's medical records were specifically linked to my name and Social Security Number
until Ms. Jones deliberately and fraudulently had my name removed from the DEERS system (Defense Enrollment Eligibility Reporting System).
Ms. Jones falsely stated to the DEERS officials the Court had taken away my Parental Rights. After Ms. Jones' visit to the Medical Records section
where she directed them not to provide me the records, the Medical Records section then called Ms. Jones informing her it would be illegal for them to
withhold my daughter's records

Assignment 5 Sample
Business Law & Bankruptcy
Assignment #5
When Josh was asked, during a bankruptcy proceeding, whether he had ever been sued, he responded that he had not. In fact, he had once been sued
for intentional infliction of emotional distress. That suit had been settled many years earlier and had no financial impact on Josh today. Josh's debts
were discharged in bankruptcy. Creditors want the discharge revoked because of Josh's lie.
Should a discharge be revoked because of a lie made in court by the debtor that had no impact on the case?
In Dale Alleman v. Brett J. Kitson, 341 Fed. Appx. 234 (7 Cir. 2009) Brett J. Kitson and his wife, Courtney, had filed a joint bankruptcy petition in
Bankruptcy Court for the Central District of Illinois. ... Show more content on Helpwriting.net ...
Mr. Alleman argued that Mr. Kitson failed to retain business records for Kitson Enterprises, a corporation of which Mr. Kitson was the sole shareholder
and В§727(a)(3) of the Bankruptcy Code prohibits discharge when the debtor has "concealed, destroyed, mutilated, falsified, or failed to keep or
preserve" records"from which the debtor's financial condition or business transactions might be ascertained...".The bankruptcy court found that these
records were not material to Mr. Kitson's financial condition because the corporation's tax returns showed that the business made no profit, the
bankruptcy court had determined that Kitson Enterprises had no assets, and Mr. Kitson had earned no money from the corporation. The Court of
Appeals, therefore, agreed that the bankruptcy court was correct to conclude that the records were immaterial and discharge was not barred under
В§727(a)(3).
Mr. Alleman also submitted that the bankruptcy court should not have granted Mr. Kitson a discharge because he had made a number of misstatements
and omissions on the bankruptcy statement and schedules, and В§727(a)(4) forbids discharge where the debtor "knowingly and fraudulently . . . made
a false oath or account." The bankruptcy court found that Mr. Kitson's bankruptcy filing did contain several misstatements and omissions, but
concluded that they did not run evoke В§727(a)(4) because none of them were material to the bankruptcy

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