1. Examples Of Emotional Appeals
Context
Every message an audience receives is composed of information which appeals to them on both rational an emotional levels. Assistant Professor of
Political Science at the University of Michigan, Ted Brader, states in his article published in Journal of Political Science that while rational appeals
rely on the relay of information so the audience can make utilitarian decisions, emotional appeals motivate responses by making the audience feel a
certain way. This paper sets out to establish what has been understood regarding emotional appeals, and to critically evaluate what has been proposed
surrounding their use. Understanding emotional appeals is relevant, especially in a post–truth society, because these appeals have the power to influence
... Show more content on Helpwriting.net ...
There is something else to consider when examining emotional appeals, regardless of its association, which is the rationality of the appeal itself.
National Research Council in Italy member, Miceli, and university professors Rosis and Poggi, argue in their paper for Applied Artificial Intelligence
that messages which appeal to emotions are not always irrational, while Panda, Mishra, and Brader propose that irrational behaviour is best encouraged
through emotional appeals.
Panda, Professor of Marketing, and Mishra, Doctoral Scholar at Ravenshaw University, find in their contribution to The IUP Journal of Brand
Management that companies whose advertisements created emotional links with their audience through colour, music, and tonalities were far more
successful in garnering an audience willing to pay high premiums than those whose advertisements focused on information, formatting rational appeals.
Their research also shows that affective buying behaviour (behavioural response to an affective advertising appeal) is not only less stressful for
consumers, but also that consumers required less information about their product before they buy it. Panda and Mishra's work demonstrates that emotion
has the potential to override the need for information and rational decision making because "when exposed to an affect–laden advertising appeal,
... Get more on HelpWriting.net ...
2. California 's Court Of Appeal
California's Court of Appeal Clarifies Application of anti–SLAPP Statutes to Attorney Malpractice Actions California's "anti–SLAPP" statute (codified
in Code of Civil Procedure section 425.16) protects the Constitutional rights to freedom of speech and right of petition by subjecting any cause of
action that chills these rights to be subject to a special motion to strike. In the context of a complaint against an attorney for malpractice, the California
Court of Appeal recently clarified its application under existing precedent and held the anti–SLAPP statute did not apply to claims against attorneys by
former clients. In Loanvest I, LLC v. Utrecht et al (2015) 235 Cal.App.4th 496, the plaintiff brought an action against its attorneys for malpractice for
failing to put its interests before a former client, resulting in damage. At the trial level, the court granted the defendant law firm's special motion to
strike under the anti–SLAPP statute, finding that the malpractice claim was based upon an act in furtherance of the protected right of petition. The
plaintiff thereafter appealed. In making its decision, the trial court relied heavily upon Peregrine Funding, Inc. v. Sheppard Muillin Richter & Hampton
(2005) 133 Cal.App.4th 658 where the Court of Appeal previously held that claims based upon allegations made by attorneys in judicial filings were
within the scope of the anti–SLAPP statute and protected. For a claim to fall within the anti–SLAPP statute and result in
... Get more on HelpWriting.net ...
3. Court Of Appeal, Civil Division Essay
Grant v Bragg
[2009] EWCA Civ 1228
COURT OF APPEAL, CIVIL DIVISION
LORD NEUBERGER, SMITH LJ AND SULLIVAN LJ
20 OCTOBER 2009
A CASE NOTE
FACTS:
In this case, Grant v Bragg & Anor [2009] , one of the parties, Bragg, made an appeal concerning an earlier decision made in the Chancery Court by
Mr. Edward Bartley Jones QC. The two parties were business partners who held equal shares in a company. With the aid of a third party, a contractual
agreement had been propounded entailing that the claimant sold his shares worth ВЈ346,760 to the defendant. Correspondence concerning the contract
was done mostly via email and it involved a series of e–mails between the third party and the respondent. The first e–mail contained a formal proposal
of the agreement to Mr. Grant. Subsequent e–mails were debates concerning the terms of agreement and in the final e–mail sent by the claimant, he had
consented to selling his shares to the other party "... in the interests only of clearing any impediments apart, I confirm that I am prepared to enter into
that agreement in its original form"
Problems arose when Mr. Grant had begun a new company with the belief that he was no longer had shares in the first but Mr. Bragg opposed the
existence of the contract between them. While the Chancery court upheld the claim that both parties had entered a contract through the other party's
positive response to the initial mail sent, the appellant opposed the judge's decision and made an appeal in the higher court
... Get more on HelpWriting.net ...
4. Advertising Appeal Of Sex Is Victoria's Secret
Every commercial appeals to something; whether its nature, guidance or even attention. People have almost never notice this except when they are
browsing through a magazine and notice a Calvin Klein add. When a commercial is showing bras, panties, and underwear most of the time the
company is using the appeals to sex. This is completely obvious just by looking at Calvin Klein ads. Some commercials sell products that look too
sexual that it makes the general public uncomfortable. the ads from Dolce & Gabbana sometimes can come to people's mind. Most of these ads have
been so sexualized it makes family time awkward. Most common commercial that uses the appeal of sex is Victoria's Secret.
Advertising appeals try to use people's emotions to attract a certain type of audience, whether it is children, young adults, and sometimes even
parent. Big companies try to lure people in be using the general public's emotions to the company's advantage. Advertising comes up all the time
from the time a person wakes up to the time they go to sleep. Obviously the media has come up with good ideas to pop up commercial into everyday
life like the internet, television, billboards, and newspapers. Many companies have found ways to sell their products these ways are called appeals.
For example, the appeal of achievement is used in companies like Adidas and Under Armour. Some other companies try to sell escape like the
companies that make 5 gum and York Peppermint Patty. there are companies that
... Get more on HelpWriting.net ...
5. The Court Of Appeals Of Maryland
I: Case
The Court of Appeals of Maryland Number 69 September Term, 2012.
Glenn Joseph Raynor v. State of Maryland. Case number 12–K–08–001527. Argued: April 8, 2014. Decided: August 27, 2014
II. Case Summary This appeal evolved out of a 2006 rape case that occurred in Harford county Maryland. More than two years after the incident the
victim identified Glenn Joseph Raynor, hereby known as petitioner, as a possible suspect. After departing a voluntary police interview in which
petitioner ultimately declined a request for his DNA to be collected for comparison. Investigators collected DNA on swabs from the armrest of his
chair. DNA analysis revealed a match from samples collected at the crime scene. After further investigation petitioner was charged and convicted of
first–degree rape and related offenses. Petitioner challenged his conviction based on Fourth Amendment grounds contending that the collection and
analysis of his DNA from the chair constituted an unlawful search as it violated his expectation of privacy (Sternstein, 2014). According to Raynor v.
State 2014 to ascertain whether this conduct is a search under the Fourth Amendment two conditions must be satisfied:
1) a defendant must demonstrate an actual subjective expectation of privacy in the item or place searched and
2) Prove that the expectation is one that society is prepared to recognize as objectively reasonable.
Upon appeal during oral arguments petitioner further specified it was not the
... Get more on HelpWriting.net ...
6. 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), thetrial 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 ...
7. Personal Narrative: J Board Appeal
J Board Appeal Since I am unable to make judicial board tonight I would like to state my appeal. In terms of "bumping" the kid who threw the
punch I do plead guilty to that charge. However, leading up to this incident I was trying to play peacemaker, as Tim and the others trying to keep this
kid out were unable to control the situation appropriately due to this kids hostile mentality. Leading up to this event I had been watching the door all
night and just minutes before I had broken up a potential fight between a non Sigma Chi and two other non Sigma Chis who were upset about not
being able to enter the party. After I peacefully got those kids to leave I went back up to the steps and calmly told the others who were loitering around
the party
... Get more on HelpWriting.net ...
8. Compare And Contrast A Flapper's Appeal To Parents
Both "A Flapper's Appeal to Parents" by Ellen Welles Page and "Thunder" by Imagine Dragons, express and embody a specific generation and address
their elders, which are the parents and grandparents of these individuals. Although, the two pieces use a different variety of appeals and rhetorical
strategies in order to achieve their purpose. These items both have their common similarities, they also contain aspects that set them apart. In Ellen
Welles Page's, "A Flapper'sAppeal to Parents", she defends her own generation to the ones that came before her and asks for their help and
understanding by using many appeals to do so. Page self–identifies as a flapper herself, so this makes her a fairly reliable source to be able to speak
about this topic and educate the reader about the flapper lifestyle and the responses this group received from their elders. Page uses a broad selection
of appeals to captivate her audience and achieve her purpose. For example, Page applies an appeal to commonality to paragraph ... Show more content
on Helpwriting.net ...
They are both appealing to generations that have come before them to develop an understanding for their lifestyles. They also use some of the same
appeals. For example, the both use an appeal to commonality to coax their audience into feeling as if they shared some of the same feelings, actions,
and values as the newer generations which is made up of their children and even grandchildren. In Page's article she remarks "Remember how
spontaneous and deep were the joys, how serious and penetrating the sorrows," and in Imagine Dragons' song, they use the same appeal to
commonality when they sing "Just a young gun with a quick fuse I was uptight, wanna let loose," this is just another example of the shared traits
between these two
... Get more on HelpWriting.net ...
9. Grievance Appeal Essay
In your grievance filed at Rast Unit, you claim your visitor, Brittany Rojero visitation privileges' are suspended indefinitely. You are requesting that
your visitor be allowed to reapply for visits. Your grievance appeal has been reviewed at Central Office and the Warden's response is modified.
Pursuant to DEPARTMENT ORDER 911 INMATE VISITATION 1.1.4 Former Department employees: 1.1.4.1 Shall be prohibited visitation with an
inmate for a period of two years from the date of separation of employment, except when the inmate is an immediate family member or relative. 1.5
Denial or Removal of Visitors from Visitation List– The Warden, unit Deputy Warden, unit Associate Deputy Warden, or for Contract Beds, the
Deputy Warden for Contract Beds,
... Get more on HelpWriting.net ...
10. Rhetorical Appeal Used In Bernie Sanders's Speech
The second rhetorical appeal used in the speech is the practice of ethos, or character appeal. It is important, especially when it comes to politics and
political candidates, to establish a sense of character and credibility to attract voters, as well as for those voters to believe in what they have to say. In
other words, Bernie Sanders uses ethos to be directly honest with his motives and intentions to his audience in order to stabilize a foundation of trust
with who he is and what he is saying. One of the first examples given towards the beginning of the speech says, "2.7 million people made over 8
million individual contributions to our campaign – more contributions at this point than any campaign in American history... let me give a special
thanks to the financial support we received from students struggling to repay their college loans, from seniors and disabled vets on Social Security,
from workers earning starvation wages and even from people who were unemployed... Show more content on Helpwriting.net ...
"I recently had the opportunity to meet with Secretary Clinton and discuss some of the very important issues facing our country...It is no secret that
Secretary Clinton and I have strong disagreements on some very important issues. It is also true that our views are quite close on others. I look
forward...to continued discussions between the two campaigns to make certain that your voices are heard and that the Democratic Party passes the
most progressive platform in its history and that Democrats actually fight for that agenda (Sanders)." In the previous blurb from Bernie's speech, he
takes on a respecting, professional tone when speaking about his opponent. He doesn't ridicule her or slander her in her speech, which might have been
a tactic for other candidates in the
... Get more on HelpWriting.net ...
11. On Petition For Appeal To The United States Court Of Appeals
IN THE
Supreme Court of United States
______________________________
Douglas WEBER, Warden of The South Dakota State Penitentiary; Dennis Kaemingk, Secretary Of The Department Of Corrections,
Petitioners,
V.
NATIVE AMERICAN COUNCIL OF TRIBES; Blaine Brings Plenty; Clayton Sheldon Creek,
Respondents.
_______________________
On Petition For Appeal To The United States Court Of Appeals For The Eighth Circuits
____________
Law firm ****
1401 61 st., south,
Gulfport, Fl. 33707Native American Council of Tribes
1254 Lux St.,
St. Luis, SD. 52365
Conclusion
The Eighth Circuit of United States Court of Appeals did not apply the law correctly and the honorable Supreme Court shall rule in favor of the
appellants .
Rules:
Religious Land Use ... Show more content on Helpwriting.net ...
Those two requirements to legitimate forbidding usage of Tobacco are met here; first, the government is aware of the bad effects of tobacco,
especially in the prisons, as the inmates use it inside the prisons by extracting the tobacco from the mixture and using it for non–religious purposes and
that leads to security and order issues for inmates inside prisons, "a prison's interest in order and security is always compelling." Fowler v. Crawford,
534 F.3d 931, 939 (8th Cir.2008). In addition, tobacco causes harm for both, smokers inside the prisons and for those who are being effected by second
12. hand smoking. Therefore the government has a huge interest to forbid using of tobacco inside the prisons.
Second, in pursuing this governmental interest, the South Dakota Department of Correction (SDDOC) took several measures to prevent such security
and order issues and to eliminate the negative effects of using tobacco inside the facilities, but each time, the inmates still extract the tobacco from the
mixture and using it for non–religious purposes, therefore, there was no choice but to prevent any percentage of tobacco in the mixture as the least and
last measure to compel with the governmental interest. In Cutter v. Wilkinson the court stated "Lawmakers supporting RLUIPA . . . and anticipated
that courts would apply the Act's standard
... Get more on HelpWriting.net ...
13. Hr Appeal Process
It is necessary to have an appeal process in place. This process provides an avenue for employee's who feel grieved or unfairly reviewed. The appeal
process allows an employee the opportunity to disagree with a rating regarding performance or a decision given by a supervisor. An appeal allows
another party other than the immediate supervisor to examine all pertinent documents. The appeal process provides employees with their due process
regarding the policies and procedures. Employees are able to questions management judgement and administrative actions. "When a conflict has been
adjudicated through a formal process (appeal to an internal review committee, grievance filed, Equal Employment Opportunity complaint,
whistle–blower report filed, lawsuit initiated, etc.), the outcome may be resolved quickly and fairly easily, or, depending on the seriousness, it may
take weeks or months of complex processes to resolve (Hale, K., & Keen, J., 2013)." ... Show more content on Helpwriting.net ...
Appeals have several levels in the process. First level is filing an appeal to HR. At this level the HR will do a thorough investigation, gathering
information (data), and comparing the policies and procedure toward the allege allegation. HR will ensure if the rules and regulations were
implemented correctly. The first level is called Level 1 or Level A. HR is a non–partial party settled the issue at the lowest possible level. If HR
believes no violation occurred HR will informed the aggrieved party no breach of polices occurred. "In a string of recent opinions, the Supreme Court
has made it harder for consumers to avoid arbitration clauses, even when businesses strategically insert provisions in them that effectively prevent
consumers from being able to bring any claim in any forum. Arbitration differs from litigation in ways that harm the interests of consumer antitrust
plaintiffs (Lemly, M., & Keen, J.,
... Get more on HelpWriting.net ...
14. The Anders Brief : Appeals From Civil Commitment
The Anders brief in appeals from civil commitment in brief summary I enjoyed reading "The Anders brief in appeals from civil commitment" by
Frueh and was captivated by the idea that many legal representatives are unsure of how to understand their clients who have mental issues and are
unable to have them tested properly as well as how they struggle to give them proper legal representation. My initial surprise concerning the
representation of individuals with mental issues centers on our understanding as a society of mental issues in children yet we seem incapable of
that same understanding or compassion when these children become adults. This idea that you are an adult therefore you can just turn off your
mental defects is ludicrous because as a person grows older they typically stay the same or become more difficult to control as the stressors in a
person 's life become more extreme. However I am the first to state that these mental issues are not enough to keep a person from being held
accountable for their actions, rather I feel they deserve a proper evaluation in order to understand their legal representation and court proceedings.
This is merely one of the reasons why the Anders brief is so important in how a defendant is represented before, during, and after a trial, which ensures
that they receive appropriate representation. I believe this article gave a great understanding of the Anders brief, how it works for the defendant and the
positives and negatives
... Get more on HelpWriting.net ...
15. What Is The Appeal Of Pathos In The American Sniper
The American Sniper movie trailer has many appeals during all of the scene but the appeal of pathos has to be the strongest. Pathos is an appeal that
is in the text. The movie trailer jumps around to a lot of different scenes, which intrigues the audience. It shows parts of big moments throughout the
movie but leaves you hanging so you really have to watch the movie. The beginning scene, Chris is looking down the scope of his sniper, where a
voice is talking in the background that says" would you be surprised if I told you that the navy has credited you with over 160 kills." That grabbed my
attention. We americanslove to see action movies, and the trailer starting off talking about a man that has over 160 kills sweeps the audience off of their
feet. After the opening scene there is a big explosion after Chris opens fire at a car, which grabs the attention of the audience even more. We
Americans love movies that have killing in them, and when a trailer opens up with a big explosion with someone dieing.
The trailer then flashes back and forth between Chris being back home and at war. This gives the audience an idea on how hard it is for Chris to
live a normal life after being in war. It shows Chris's personality change after war, and how he is acting after the war has taken a toll on his emotional
health. One scene shows his wedding before he leaves for war. This is another way the trailer grabs your attention, by using happiness. It shows how
much his wife cares for him
... Get more on HelpWriting.net ...
16. Message Appeals Used in Advertising
What Message Appeals would you use for the following Products? Design One Liner Punch lines: 1. Study Table in Household. 2. Cosmetic Surgery.
Message Appeals:
Berknan and Gilson Defined advertising appeals as an attempt at creativity that inspires consumers motives for purchase and affects consumer's
attitude towards a specific product or service. Message appeals are used in Advertising Messages to draw the consumer's attention to his or her, own
unmet needs and desires. Appeals can be broadly classified as Rational and Emotional. Rational appeals work on the consumer's rationale i.e. the
message will focus on the features of the product, its performance, the benefits from using the product, ease or technicality involved in ... Show more
content on Helpwriting.net ...
One liner: * Wish to have straight As? Start with A1 * Want to stay ahead of the competition? Race with A1. * Why settle for second best? Always be
A1.
2. Cosmetic Surgery
Product Name: Safely Sensual
Cosmetic Surgery is a high involvement service. People are sceptic about using this product and the common man feels like it is a service to be availed
by actors, models and TV Stars. Contrary to that opinion there are other people who would go in for a cosmetic surgery to look better and feel good
about themselves. This is a service availed by the Upper Middle, Lower Upper and Upper Upper class.
Sex Appeal: Sex appeal is used by the usage of sexual themes and sexually attractive models. Since people often face mid life crisis, and are left
feeling old and bereft of sexual desire, a sexually attractive message would be ideal for a cosmetic surgery advertisement thus making the consumer
feel wanted, beautiful, young, loved and thus it helps the consumer feel like he or she is capable of making love.
Subliminal appeal: Every middle aged person at some point in time feels like he or she is no longer beautiful and the need for beauty may be
suppressed if the person is surrounded by people who adore him or her. If the message campaign focuses on the imperativeness of feeling beautiful for
one's own satisfaction may be the
... Get more on HelpWriting.net ...
17. The Criminal Appeal Process And The Adequateness
Entry 2: The Challenges, The Criminal Appeal Process and the Adequateness
Introduction
It is of great importance to discuss the challenges faced by indeterminate sentence prisoners maintaining factual innocence as it forms many questions
revolving around the criminal appeals process and the adequacy of procedures as it pertains to the prison system, the Parole Board and the Criminal
Case Review Commission (CCRC). I will discuss these issues in light of Stefan Kiszko and a comparison of both Canada 's and Australia 's appeal
system.
Challenges
The challenges faced by indeterminate sentence prisoners maintaining factual innocence is preposterous as it constitutes as a barrier rather than a
questioning of the innocence and the pursuance ... Show more content on Helpwriting.net ...
In addition, the prison system is based on a reward–system where if the prisoners act in accordance with the prisons rules and participate in programs,
then they may be offered an early release on parole as a basis for reward. However, the refusal to acknowledge guilt impacts this reward–system
because indeterminate sentence prisoners maintaining factual innocence are non–compliant with sentence programmes and lack participation. Another
challenge faced by those maintaining factual innocence is the issue of false confessions. Many prisoners who are factually innocent have become
victims of signing or agreeing to false confessions with the prospect of being released from interrogation, promises of a parole deal, or early
release. This was the case of Stefan Kiszko as he was convicted on the basis of a false confession and had been urged throughout to admit to the
guilt. In addition, in 1983 Kiszko was told that he would be eligible for parole if he admitted to the murder and sexual assault of Lesley Molseed. The
Kiszko case exemplifies the challenges that are faced among indeterminate sentence prisoners by which such challenges are not an issue of concern for
the Parole Board and therefore need to be addressed.
Criminal Appeal Process
As of 1 January 1997, the Criminal Cases Review Commission (CCRC) was enacted as established by the
... Get more on HelpWriting.net ...
18. The Appeal
Politics has always been a dirty game. Now justice is, too." Although "The Appeal" by John Grisham is a fictional book, the author himself claims that
there is a certain truth behind the storyline, as he explains in the author's note. "I must say that there is a lot of truth in this story." This quote especially
shocks one when reconsidering the story and the criminal energy involved. The book impresses the reader with a story based on corruption and money.
Mary Grace and Wes Payton are, married and both work as lawyers on the verdict against Krane Chemicals, on the edge of financial ruin they barely
manage to finance the last trial against Krane Chemicals. Although they win the verdict and with that earn an immense amount of money ... Show more
content on Helpwriting.net ...
This is then the point when a mysterious organization comes into the story changing Carl's chances by buying a seat in the court deciding on the case,
by recruiting and financing a unsuspecting candidate.
One may argue that this book was too long and partly too descriptive in both the storyline and the characters, which made it hard to follow the storyline
throughout the book.
Grisham's intend is clearly to sensitize and focus his readers on corruption in the sections companies, politics and justice. "As long as private money is
allowed in judicial elections we will see competing interests fight for seats on the bench." Grisham highlights this point so often throughout the book
that one clearly notices his concern of corruption in the judicial system because of money.The book changes its pace very rapidly from chapter to
chapter therefor the narrative style reminds one of an appeal in a court with constantly changing perceptions and argumentations. John Grisham wrote
the book in a way that the reader constantly switches between the parallel stories of the two lawyers and Carl Trudeau and his company.
The way in which john Grisham writes, lures the reader into a feeling that the actual story is true and happening while one is reading. The book brings
both the interesting parts of a trial into one's understanding as well as the boring paperwork making the book different as its pace and tension switch
constantly and are not
... Get more on HelpWriting.net ...
19. Lyle Corrigan's Appeal For Partial Forfeiture Case
Client file
MEMORANDUM
To : Jamie Arthur
From : Articling student
Date : September 26, 2017
Re : Lyle Corrigan's appeal for partial forfeiture of real property
Facts.
I've been asked to provide legal research for our client Mr. Corrigan who wants to raise an appeal of the forfeiture order. Mr. Corrigan is a 36 year old
and first time offender, He has been charged for the production of crystalmethamphetamine and pleaded guilty for the production. He is sentenced to a
conditional sentence order of two years less a day to be observed in the community and fine of 10,000.00. In pronouncing the sentence the judge
specifically indicated the "the value of the real property being forfeited, the length of the sentence and the ... Show more content on Helpwriting.net ...
Non–forfeiture of real property
(3) Subject to an order made under subsection 19(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 16(1) or
17(2) in respect of real property would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of
the offence and the criminal record, if any, of the person charged with or convicted of the offence, as the case may be, it may decide not to order the
forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.
Notice
19 (1) Before making an order under subsection 16(1) or 17(2) in relation to any property, a court shall require notice in accordance with subsection
(2) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.
Notice
19.1 (1) Where all or part of offence–related property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling–house, before
making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who resides in
the dwelling–house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act in
... Get more on HelpWriting.net ...
20. The Appeals Court Judges Violated Ethics Laws
It is sad when the Appeals Court Judges Violated Ethics Laws, Report Says according to Sam Hananel in the Huffington Post on April 28,2014. The
Center for Public Integrity released a report Monday that found twenty–four cases in which judges ruled on the case despite owning stock in the
company appearing before them. Also in another two cases the judges where financially tied to the law firms representing the parties. When the judges
found out sixteen of them sent out letters to the parties involved to disclose the violations. The judges said that their "failure to withdraw from the
cases was an oversight." (Hananel) In a 2011 case the 11th United States Circuit Court of Appeals judge in Atlanta, Judge James Hill, ruled in favor of
the health care giant Johnson & Johnson while in a lawsuit over a malfunctioning medication pump. Judge James Hill apparently owned $100,000 in
Johnson & Johnson stock during this verdict. According to a new policy adopted by the Judicial Conference in the United States back in 2006, all
federal courts are required to conduct automated screenings to help avoid possible conflicts of interest in court cases. The database sadly is only as
good as the information provided by the judges. Also according to federal law, judges who own even one share in a company must disqualify
themselves from the case. An investigation of the three most recent years of financial disclosure reports that 255 out of the 258 judges who sit in the
13 federal appeals
... Get more on HelpWriting.net ...
21. Hutchinson Vs. R : Court Of Criminal Appeal
Hutchinson vs R
Introduction_____________________________________________________
Case Title: Hutchinson vs R
Court: Court of Criminal Appeal
Location: New South Wales
Hearing Date: 19/09/2014
Decision Date: 19/12/2014
Particulars of the Case______________________________________________
On the 17th of October, 2011, at around 5:10pm, police were informed about a black BMW sedan that was travelling towards Dubbo. The police
broadcast was put out as the occupants were suspected to be possession of illicit substances. The vehicle was pulled over by the police and in the
back seat, officers found 3 boxes, two of which were unopened and one opened. Within these boxes were plastic resealabe bags.
Police officers searched the applicant, who was in the front passenger seat, and removed blue pills in a resealable plastic bag from the front of his
pants. A small plastic container, holding white pills and $4200 in various denominations was produced by the applicant. The applicant was cautioned
and arrested by police before being taken to Dubbo police station and placed in custody, along with the driver of the BMW. The black BMW sedan was
towed to the police holding yard.
The driver was the owner of the car and was interviewed. He was released from custody as he denied any knowledge of the drugs or cash that was
found in the vechicle.
The applicant was then interviewed. When questioned, the applicant revealed to the police that there was MDMA (
3,4–methylenedioxymethylamphetamine )
... Get more on HelpWriting.net ...
22. Fear Appeal Essay
An introduction to fear appeal and levels of fear:
An appeal is nothing more than a motive to which an advertisement is directed. The intention of an appeal is to persuade and try to change the
audience concepts or ideas regarding a goal settled by the advertiser. Fear appeals are commonly used in many types of marketing communications
such as marketing of products or services, social causes and ideas. Fear appeal can be considered the psychology of persuasion; messages that arouse
fear and are effective in producing attitude change (Rogers, 1983; Shelton & Rogers, 1981)
Over the years a number of different theories and models have been constructed by various experts in the area of marketing and psychology to try to
put together the process. Many reviews of the literature have been carried out over the last fifty five years emphasizing the different stages of growth
there has been in the subject (Boster & Mongeau, 1984; Witte & Allen, 2000).
Fear appeals' effectiveness in health promotion campaigns is looked at due to the wealth of fear appeal literature relating to this area of study, there
are different views and conflicting ideas which can be explored. A number of health promotion topics have been looked at in the literature from
automobile safety to cigarette smoking and HIV/AIDS. However with the broad scope of different areas, subjects researched and different time periods
the literature has become fragmented with lots of different views of the effectiveness of the
... Get more on HelpWriting.net ...
23. Accounting for Pending Litigation and a Verdict Overturned...
Accounting for Pending Litigation and a Verdict Overturned on Appeal Our team is given the task to account for a pending litigation. We are to
determine how pending litigation should be reported on the current and future financial statements. M Corporation was sued for patent infringement
and we will present whether M Corporation should accrue a liability, disclose a liability, do both, or do nothing. The case accounting for the litigation
and the subsequent overturned verdict was ongoing for four years between M Corporation and W Corporation and, as litigation is unpredictable,
changes will have to be made accordingly. We will present how M Corporation should a) account for the pending litigation in 2007– the year the claim
was... Show more content on Helpwriting.net ...
Based on this information, only an immaterial amount of companies actually accrue a liability in their financial statement. Therefore, M Corporation
will simply provide disclosure of the contingency and an estimate of the possible loss or range of loss for the future pending litigation in its 2007
financial statement under Note: Contingencies and Commitments. If M Corporation accrued a liability on its 2007 financial statements, then the
company becomes too transparent to opposing counsel and it could have serious adverse effects on M's operations. Considering real world practices,
as well as in accordance with the conceptual framework from the textbook, accrual of a loss from ongoing litigation is rare. Companies usually do not
record a loss until after the ultimate settlement has been reached. For example, the Las Vegas Sands Corporation, in a recent quarterly report, disclosed
but did not accrue damages from a lawsuit it lost, even after the award was affirmed by the trial court, because the company believe that it has valid
bases in law and fact to overturn or appeal the verdict. Consequently, M corporation should not accrue the contingency loss but continually disclose the
matter even when a judgment was reached against the corporation to pay $18.5 million in 2009, given that the
... Get more on HelpWriting.net ...
24. Grievance Appeal Case Study
In your grievance filed at Central Unit, you claim ADC is denying you access to the courts by refusing to provide you with case law. Your
resolution is to be provided with case law. Your grievance appeal has been reviewed at Central Office and the Warden's response is affirmed. Pursuant
to DEPARTMENT ORDER 902 INMATE LEGAL ACCESS TO THE COURTS ATTACHMENT A LEGAL TEXTS AND RESOURCE MATERIAL
The following legal texts and legal resource material may remain for use by inmates and shall be placed in the Reserve/Reference section of the
General Library of each unit: 1. A complete set of Arizona Revised Statutes (non–annotated) 2. Arizona Revised Statutes (annotated), Volumes 5, 5A,
5B and 5C 3. Arizona Rules of Court – State 4. Arizona Rules
... Get more on HelpWriting.net ...
25. The Problem Within Fice Of Appeals Essay
Describe the Problem: Describe the situation surrounding your problem/project in detail and include the stakeholders, their expectations, and the
impact of the project on them.
The situation surrounding the problem within the Office of Appeals is adapting from seeing things as they are to seeing things as they could be. It is
time to move into the fast pace and changing technology world. The Office of Appeals must be equipped with today's technology to ensure that our
beneficiaries and stakeholders receive information and assistance as quickly and efficiently as possible. By instituting a new tracking system, the
Division of Medicaid could greatly improve the quality or services it provides to its beneficiaries and stakeholders.
In my opinion, it is the desire of the beneficiary to receive the results of their application in a timely manner. A newappeal tracking system would
minimize the time in providing hearing notification to the beneficiaries we serve. By utilizing the most recent program software, it will allow the
Office of Appeals to thoroughly track an appeal from the beginning to the final administrative decision.
Identify Major Issues: Describe the major issues, both current and historical that may or have impacted the need for the project.
The Agency must take final administrative action on a hearing within 90 days of the date of the initial request. Although, the 90 day timeframe allowed
pursuant to regulations, the Agency makes every effort to conduct
... Get more on HelpWriting.net ...
26. Case Assignment : Court Of Appeal
1000 words
TABL ASSIGNMENT 1
CASE ASSIGNMENT
(A)The Parties: (1.5 marks)
(i)What are the names of the parties?
The names of the parties involved are Mileva Novakovic, Michael Stekovic and Snezana Stekovic
(ii)Who is the 'appellant'? Who is the 'respondent'?
Mileva Novakovic is the appellant for this case as the court was not in her favour in the original case, making Michael Stekovic the first respondent and
Snezana Stekovic the second respondent.
(B)The Court (1.5 marks)
(i)What is the name of the court?
New South Wales Court of Appeal
(ii)In which jurisdiction does the court operate?
The Court of Appeal is part of the Supreme Court of New South Wales, which holds unlimited original jurisdiction and appellate jurisdiction. The...
Show more content on Helpwriting.net ...
As the appellant saw the dog raised by the respondents, she retreated hastily and in the process slipped and fell. She believes that the respondents
failed to take precautions to mitigate the risk of harm. The means for this case is dependant on whether or not the risk of injury was foreseeable and
not significant. It also depends on whether or not the respondents have taken reasonable precaution to keep the dog away from the appellant if the two
criteria are met.
2.KEY RELEVANT STATUTORY PROVISIONS AND CASE LAW PRINCIPLES
–Does a statutory provision apply? Is there a specific answer?
This case is based on the tort of negligence as the appellant feels that the respondent has not fulfilled the criteria for duty of care. As stated in the
Civil Liability Act 2002(Cth) to determine if a person is not negligent it must be known if the risk was foreseeable and if the risk was not insignificant.
If those two conditions were met in those circumstances, what precautions a reasonable person would have taken need to be considered and whether or
not the respondent failed to do so.
27. –Are there any similar cases/ interpreted any relevant statutory provisions (provide name/section of any relevant legislation and cases)
Firstly, to determine whether or not the respondents are liable for the appellant's
... Get more on HelpWriting.net ...
28. Appeal and Appellate Court Decision Essay
Capstone Case Briefs
U. S. v. Thomas
Citation: United States v. Thomas, 34 F.3d 44 (2nd Cir. 1994)
Summary of Facts: Wallie Howard was a Syracuse police officer who was shot and killed during a cocaine bust. Luther Gregory was Wallie
Howard's confidential informant. Davidson was the head supplier of the cocaine conspiracy. Parke was the chief lieutenant of Wallie Howard also
the deliveryman for Davidson. Parke and Morales (Davidson's deliverymen) frequently delivered cocaine to customers. Lawrence was a cocaine seller
in one of the conspiracy drug apartments and was the muscles in the operation. Stewart had dealt cocaine in the past and he owed the group some
money and needed to pay off his debt.
Case History: On ... Show more content on Helpwriting.net ...
The jury found the respondent guilty on both counts, and the
respondent was sentenced to eighty four years in prison.
Case History:
The Supreme Court of Montana reversed his sentence. It reasoned: (1) that respondent
"had a due process right to present and have considered by the jury all relevant evidence to rebut
the State's evidence on all elements of the offense charged. . .," and (2) that evidence of
respondent's voluntary intoxication was clear[ly]. . . relevant to the issue of whether [respondent]
acted knowingly and purposely. . ." Sections 45–2–203 did not allow the jury to consider that
evidence with regard to the issue. The Supreme Court believed the respondent was denied due
29. process.
Legal Issue(s) on appeal: The issue before the court is whether or not the respondent should be tried even though
he was drunk the night he shot and killed two people. The respondent did not remember killing
two people on the night of July 12, because he was highly intoxicated and could not remember
anything the night he killed two people
Appellate Court Decision:
The issue before the court is whether or not the respondent should be tried even though
he was drunk the night he shot and killed two people. The respondent did not remember killing
two people on the night of July 12, because he was highly intoxicated and could not remember
anything the night he killed two
... Get more on HelpWriting.net ...
30. Accounting For A Loss Contingency For A Verdict Overturned...
Memo
Date: July 15, 2015
To: M International
From: Team 17
Re: Accounting for a Loss Contingency for a Verdict Overturned on Appeal
M International and W Inc. have been engaged in long–standing litigation over a specific patent infringement matter. Pertains to the accounting for this
contingency loss, this memo has made the following conclusions:
1. For the year–end December 31, 2007, financial statements, M should record $17 million as a liability.
2. M should adjust its liability for the year–end December 31, 2009, financial statements. $1,500,000 should be recorded. And this adjustment should be
considered a 2009 event.
3. M should record 18.5 millions of dollar as a reduction of the previously recorded loss contingency in 2010.
1. ... Show more content on Helpwriting.net ...
"FASB ASC 450–20–25 Recognition
Events After the Date of the Financial Statements
25–7 If a loss cannot be accrued in the period when ti is probable that an asset had been impaired or a liability had been incurred because the amount
of loss cannot be reasonable estimated, the loss shall be charged to the income of the period in which the loss can be reasonably estimated and shall
not be charged retroactively to an earlier period. All estimated losses for loss contingencies shall be charged to income rather than charging some to
income and others to retained earnings as prior period adjustments."
Even though the claim was first filed in 2007, the jury trial which leads to additional $1.5m contingency loss happened in 2009. Thus, the adjustment
should be recorded an event in 2009.
3. Should M record the reduction of the previously recorded loss contingency in 2010 (upon the Court of Appeals overturning the verdict of the jury)
or 2011
(once the appellate judges declined W's petition for a re–hearing)?
31. Since the Court of Appeals issued a ruling in favor of M's appeal and reversed the lower court's ruling on the matter in 2010, which means the Court of
Appeals overturned the jury verdict and the $18.5 million judgment against M.
As ASC 450–20–25–2 states, an estimated loss from a loss contingency shall be accrued by a charge to income if both of the following conditions are
met: a. Information available before the financial statements are issued or are
... Get more on HelpWriting.net ...
32. 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
... Get more on HelpWriting.net ...
33. Appeals Process
APPEALS PROCESS
KENNETH SPAULDING
CJS/220
UNIVERSITY OF PHOENIX
MAY 7 2015
APPEALS PROCESS
An appeal is a right you usually have after a final decision of a court or government agency. If you don't agree with the decision of the court or
agency, you can have the decision reviewed by a higher court or agency, and sometimes a court can review an agency's decision. Almost all appeals
have to be filed in writing. All appeals have to be filed within a certain time, called the appeal period. Sometimes you have to post an appeal bond, of
cash or property, within a certain time, to appeal from a lower court to a higher court.
A typical appeal in a criminal case is from a conviction following a trial. The defendant will allege to the... Show more content on Helpwriting.net ...
That is a powerful advantage. Whoever is expected to testify in the case should review the initial appeal letter. Use the same physician for most
appeals. This allows you to train the physician on both the regulatory framework and the art of testimony. Using a "designated" physician allows you
to build a small team of individuals who can learn and work together. Each appeal can build on lessons from past successes and failures. Having a
consistent team is probably the best tip for improving your appeals.
EXAMPLE OF REAL–WORLD CASE
(CBS/AP) SAN FRANCISCO – Convicted murderer Scott Peterson filed an automatic appeal to the California Supreme Court on Thursday, eight
years after he was sentenced to death for the murders of his wife and unborn son.
In the appeal, his lawyer argued that the overwhelming publicity the trial received, incorrect evidentiary rulings, juror misconduct and other errors
deprived Peterson of a fair trial.
A San Mateo County jury found the former fertilizer salesman guilty of suffocating Laci Peterson and dumping her in the San Francisco Bay on
Christmas Eve 2002.
Peterson was convicted in 2004, although he maintained his innocence throughout the trial. He claimed that Laci was killed sometime in the morning
of Dec. 24, 2002 after he left their Modesto home to go fishing in the San Francisco Bay. Death penalty lawyer Cliff Gardner noted that Peterson was
convicted and sentenced to death
35. Appeal In To His Coy Mistress
Andrew Marvell's "To His Coy Mistress," written in the year 1681, gives readers the implication that he was a man with progressive ideas about
sex that lack concern for the common ideals and moral standards of his lifetime. Marvell's ideas and phrases in this poem have an honest and
realistic basis. He does not sugarcoat what he is trying to say, yet he is able to poetically and coercively make his point known to his potential mate.
The speaker's opposing styles of appeal in parts one and two blossom into an eloquently convincing conclusion which will force his potential lover
into an urgent battle between her id and her superego. This analysis breaks the into thirds, the first of which (part one), the speaker progresses slowly,
as romance often does. He tries to woo the object of his affection with beautiful words and phrases that appeal to her romantic feminine interests.
Marvel's appeal to a women's innate ... Show more content on Helpwriting.net ...
It is not natural to act like something that you are not, and therefore is not truthful. He wants her to rebel against that untruth. More than likely,
throughout her life, she learned to perfect this coyness, and now the speaker is breaking apart the standard she knows is true and good. According to
Oxford Dictionary's online version, "quaint" can be taken to mean "cunningly devised" (506). Although other definitions of the word quaint exist, in
this poem, the speaker obviously puts emphasis on the "coy" aspect of his mistress, so it makes sense that he would (once again) point this out in part
three of his poem. He could be saying that her unwillingness to submit to him is a result of her cunningly devised façade, or coy attitude, not her
lack of desire to do so. "Though long–preserved virginity, And your quaint honour turn to dust"
... Get more on HelpWriting.net ...
36. The Appeal of Holiday Brochures to Customers Essay
The Appeal of Holiday Brochures to Customers For this essay I shall discuss ways that holiday brochures appeal to their customers. I will examine
three brochures and compare them to each other. The three brochures will all have different target audience, so as to show you what different
techniques are used to get a certain group of people to buy the holiday a company is selling.
The club 18–30 holiday brochure to Mallorca is very bright with colour. This could be to catch your eye as you are flicking through... Show more
content on Helpwriting.net ...
Using the fact that young people are a lot more care free than people with families are, Club 18–30 made no statistics, graphs and things such like are
shown to demonstrate how hot or what the weather is going to be like, like the Skytours holiday did, instead they used lots of bright colours which
reflect heat and summer, such as orange, red, blue and green. The other demonstration of heat is a picture, which takes up half of the brochure. It
shows two boys and girls messing around with each other (use of connotation as the image is implying sex) with only their swimming clothes on,
which is another use of connotation as it implies that it is hot, they also all have tans. The two girls have put ice creams on top of the boy's heads.
The ice creams are trickling down the heads and chests of the two men, which shows that it is hot. The position of the two ice creams makes it look
like there are horns coming out of their heads. Which implies that they are "naughty devils" which implies sex (more uses of connotation)
WOB (white on black) is used in one of the boxes to give more emphasis about one of there extra package deals. A different font is used to highlight
sub headings to draw your attention to them. The boxes used are plainly set out e.g. they are not tilted like the boxes in the skytours holiday are.
... Get more on HelpWriting.net ...
37. Appeals Process
Appeals When an offender and it's representing counsel feels that the judge made a substantial mistake in their case then the defendant through his
representing counsel has the option to appeal the decision. Both sides of the case has the opportunity to appeal (in a civil case) if both feel that the
decision made by the judge was a mistake or in most cases the loosing side and in criminal cases only the defendant may appeal the verdict ("The
Appeals Process", 2012). An appeal is a formal request that a higher court re–examine the procedure or decision of a lower court, administrative
agency, or other body ("What Is An Appeal?", 1995–2012). As I stated previously, the party that lost or feels that the decision made by the presiding ...
Show more content on Helpwriting.net ...
Conclusion The appeals process is a process that can be beneficial to all involved. It is a process set forth to provide litigants the opportunity to get
justice or get an error they feel the judge made in their case corrected. Although going through the appeals process can be a long hard road to take,
for many the outcome can be very rewarding and for some it can be their last lifeline. The important thing for anyone going through the appeals
process is to make sure there is substantial evidence to prove the error (s) made by the judge and never give up. I would suggest to keep going until
you reach the Supreme Court if justice cannot be found within the lower courts.
?
References
1. 'Candy Cane ' Case Appealed to US Supreme Court . (2012). Retrieved from http://www.cbn.com/cbnnews/us/2011/December
/Candy–Cane–Case–Appealed–to–US–Supreme–Court–/
2. What is an Appeal?. (1995–2012). Retrieved from http://law.freeadvice.com/litigation/appeals/appeal_legalese.htm
3. The Appeals Process. (2012). Retrieved from
... Get more on HelpWriting.net ...
38. The Appeal Of The Court Of Appeal
OPO v MLA and STL [2014] EWCA Civ 1277 By Klaudia Sabuda The appeal being heard by Lady Justice Arden and others in the Court of Appeal
(Civil Division) is the appeal against the decision of the Hon Mr Justice Bean in the Queen 's Bench Division of the High Court. Mr. MLA a talented
artist who had a very troubled childhood wrote a book (the Work) a semi– autobiography which is based on Mr. MLA 's difficult past. The book
includes references to the sexual abuse he was a victim of and the mental illness he suffered as a consequence as well as the thrill he experienced form
self–harming at the time. The book, in Mr. MLA 's opinion has an important message of encouragement to individuals who have been or possibly
are in a similar situation. He has dedicated the book to his son, OPO. OPO suffers from ADHD, Asperger 's, Dysgraphia and Dyspraxia, all those
disabilities are believed to have an effect on OPO 's ability to communicate and process information. A child psychologist, believes that ' 'no child
should read the graphic description of the way MLA suffered because of the sexual abuse. ' ' (1) She explains that OPO 's reaction to the book could be
negative and possibly lead to self–harming. This opinion has been backed up by another psychologist who has seen OPO recently and who has read
the Work. OPO is unaware of his father 's difficult past, it is suggested that when he finds out he will be deeply disturbed. The claim is to stop the
publication of the book which
... Get more on HelpWriting.net ...
39. Cash Assistance Appeal Case
The Appellant's cash assistance appeal request was filed untimely. The regulation at 55 Pa. Code В§ 275.3(b) provides that the time limits for filing a
cash assistance appeal is "thirty days from the date of written notice of a decision or action by a County Assistance Office, administering agency or
service provider".
In this case, the Department's Representative testified to mailing the Appellant a manual notice on June 3, 2016 advising that the household's
application for cash assistance was being denied due to failure to meet residency requirements. On August 9, 2016, The Appellant called the Department
to make an oral appeal. The Appellant's appeal was filed August 10, 2016, sixty–eight (68) days after the denial. Since the appeal was ... Show more
content on Helpwriting.net ...
The Bureau of Hearings and Appeals may allow appeals nunc pro tunc (allow a hearing on the appeal as if it had been submitted timely) only upon a
showing of fraud or the equivalent, including the wrongful or negligent act of [an] official, Wess v. Commonwealth, Department of Public Welfare, 462
A.2d 955, 957 (Pa. Cmwlth. 1983); or in non–negligent circumstances where the appeal is filed within a short time after the appellant learns of and
has an opportunity to address the untimeliness, and the elapsed time period is of very short duration, and the appellee is not prejudiced by the delay.
Cook v. Unemployment Compensation Board of Review, 671 A.2d 1130 (Pa. 1996).
In this case, the Department credibly testified to mailing the Appellant a Notice. Although the Appellant stated that she did not receive the Notice, she
provided no evidence to show that that it was caused by the Department. Furthermore she testified to her mail carrier placing her mail in the mail
receptacles of other tenants as well as other unassigned places. The ALJ finds that errors made by the Postal Service, are not caused by the Department,
and therefore finds that the Department had no fault in the non–receipt of the Appellant's
... Get more on HelpWriting.net ...
40. The Five Steps In The Appeals Process
Most legal argument between state laws is mostly decided in the trial courts or by an administrative agency. But after a decision has been made, an
individual that believe that a legal error had occurred that hindered his/her case that person may turn to the state's appeal court. The appeals process
involves five steps that often occur right after the other and depending on the prior step needed to be completed. The first step in the court of appeals
require that the individual appealing ruling to file a " notice of appeal" in a certain frame of time. This time frame rely on the type of case entail and
weather if it's a state issue, depend on which state that the trial took place. The second step required the appellant to file information. ... Show more
content on Helpwriting.net ...
The third step required both the opposite side and the appellant side to file a briefing with the appellate court. The briefing provides case lists
summarizing the case where precedence has been created. The fourth step is when both side present an oral arguments. These arguments are
generally short, " usually half an hour". The last step involve is when the appellate court gives a decision explaining how the decision was made.
The appeals system is the most important step because it allows for " Checks and Balances" inside the judicial system. They will be no guarantee of
true justice given to the people if the appeals process was not available. The court of appeals is very important because every decision given is added
to resolute legal precedence on the issue at hand. This precedent becomes crucial for all lower courts, this precedent
... Get more on HelpWriting.net ...
41. Interlocutory Appeals Case Study
Dustin Kern
Experiential Legal Writing #3
Assignment #1
Discussion Section
DISSCUSSION
A party seeking interlocutory review has the burden of persuading the court that exceptional circumstances justify a departure from the basic policy of
postponing appellate review until after the entry of a final judgment. Fisons Limited v. United States, 458 F.2d 1241, 1248 (7th Cir. 1972). The decision
whether to allow an immediate interlocutory appeal of a non–final order under 28 U.S.C. В§ 1292(b) is within the discretion of the district court.
Swint v. Chambers County Com'n, 115 S.Ct. 1203, 1210 (1995). When the statutory criterion is met, it is the duty of the district court and the Seventh
Circuit to allow an immediate appeal to be taken. Ahrenholz v. Board of Trustees of the Univ. of Ill., 219 F.3d 674,677 (7th Cir. 2000). Section
1292(b) provides that a ... Show more content on Helpwriting.net ...
Sokaogon Gaming Enter. Corp. v. Tushie–Montgomery Assocs., Inc., 86 F.3d 656, 659 (7th Cir.1996). Further, a question is controlling if
interlocutory reversal might save time for the district court, and time and expense for the litigants. Johnson v. Burken, 930 F.2d 1202, 1206 (7th
Cir.1991). Johnson held that controlling law is to be interpreted and applied with flexibility, such that a question is controlling if it is either practically
or legally serious to the conduct of the litigation. Id.. Courts are currently divided on what exactly is or is not controlling law, and therefore it is still
ultimately the discretion of the appeals
... Get more on HelpWriting.net ...
42. The Court Of Appeal Court
The Court of Appeal
The Court of Appeal will be tasked with hearing appellate cases from the Appellate Division of the Superior Court. A view expressed by Alcohol
(2005) asserts that the Court of Appeal will have the authority to hear appeals in cases that involve criminal prosecution, extradition, juvenile
delinquency, corpus, habeas, bail, probation and parole, exclusive original proceeding writ application, interlocutory appeals in criminal and juvenile,
and sentencing.
The judges for the Puerto Rican Court of Appeal will be selected by the governor from a list qualified persons submitted to him by the Supreme Court
Nominating Commission. The justices for the Court of Appeal will serve for a period of four years. The Supreme Court will select one of the judges
of the Court of Appeal as the chief judge of the Court of Appeal. Ordinarily, the judges of the Court of Appeal do not conduct trials. They will
decide on the appealed case by reading the record of the trial and written briefs filed by the concerned parties, in addition to hearing oral arguments
from the attorneys. They would be tasked with researching and reviewing the law involved in the case and proceeds to write an opinion which will
be published in bound volumes. The members of the Court of Appeal will be sitting in panels of three at various locations throughout Puerto Rico.
Every panel will take up to 30 appeals over a two–day period each month (Florida Courts, 2016; Georgia Courts, 2016).
Appellate
... Get more on HelpWriting.net ...
43. Accounting for a Loss Contingency Verdict Overturned on...
Re: Accounting for a Loss Contingency Verdict Overturned on Appeal
Date:
Relevant Facts:
W Inc and your company have been engaged in litigation over a specific patent infringement matter.
In May 2007, W filed a claim.
On December 31 2007, your company determined that a loss in connection to the claim was probable.
The company estimated a loss between 15 and $20 million USD.
$17 million USD was named as the most likely amount of loss.
A jury trial took place on September 2009.
On September 24 2009 the jury found in favor of W.
The judgment required your company to pay W $18.5 million USD.
In November 2009, your company filed an appeal.
In December 2010, the court of appeals overturned the jury ... Show more content on Helpwriting.net ...
Options:
a.Prior period adjustment.
b.Change in estimate (2009 event).
A prior period adjustment is a correction, for an accounting error, on the financial statements of a prior year. ASC 250–10–50–7 states that "when
financial statements are restated to correct an error, the entity shall disclose that its previously issued financial statements have been restated, along
with a description of the nature of the error. The entity also shall disclose ...the cumulative effect of the change on retained earnings or other
appropriate components of equity or net assets in the statement of financial position." The adjustment to the estimate is not a correction due to an error.
Therefore, it should not affect or restate retained earnings or liabilities recorded in prior periods
The company should report the change in the contingency accrual as a 2009 event due change in estimate. ASC 250–10–45–17 specifies that "a change
in accounting estimate shall not be accounted for by restating or retrospectively adjusting amounts reported in financial statements of prior periods."
Additionally, ASC 450–20–25–7 indicates that "all estimated losses for loss contingencies shall be charged to income rather than charging some to
44. income and others to retained earnings as prior period adjustments".
Sample Journal Entry:
Loss (Expense)........................................ 1,500,000
Contingent Liability–Litigation.....................1,500,000
Specific Issue 3:
When should
... Get more on HelpWriting.net ...
45. Appeal To Pathos : Appeal To Pathos In The Play 'Don'
Appeal to pathos: appeal to emotion, an appeal to feelings rather than to strict reason.
Ex. 1 "You need to listen to your doctor. Can't you see he's trying to help you?"
Ex. 2 "I understand you're upset about the main character in the play but you'll get the part best time."
Ex. 3 "You can't resolve conflict by ignoring people. You need to learn those social skills in order to be successful in life."
Use: Pathos gives authors writing pieces emotion and has the reader appeal to feeling.
Begging the question: (meaning assuming the initial point), is a logical fallacy in which the writer or speaker assumes the statement under examination
to be true.
Ex. 1: "Smoking causes lung cancer because cigarettes contain nicotine that is very ... Show more content on Helpwriting.net ...
Conclusion: refers to the sentences or paragraphs that bring a speech, essay, report, or book to a satisfying and logical end.
Ex. 1: " The English established settlements in the colonies due to religious inequity in England and formed new religious societies, in comparison,
Spain spread religion to justify the exploitation of Natives while in search of gold. Both the English and Spanish had religious impacts on their
colonies."
Ex. 2: "Although Cassius was a great manipulator, especially towards Brutus, he dug himself too deep into the Caesar situations. There were many
moments in the play that Cassius was manipulative. He convinced Brutus to kill Caesar out of revenge, persuaded Brutus that he could be king, and
then led them to war."
Ex. 3: "Queen Elizabeth I was an exceptional ruler, who reformed the church, economy, and England itself. She brought peace in church and even
throughout England. Elizabeth I even spread literacy and arts throughout England."
Use: Conclusions are crucial when writing an essay, it summarizes the entire essay.
Connotation: refers to a meaning that is implied by a word apart from the thing which it describes explicitly.
Ex. 1: "you chicken?"
Ex. 2: "You're so retarded sometimes."
46. Ex. 3: "Come on my little munchkins."
Use: When writing an essay you require connotation to exemplify the meaning of the words written down.
Emphasis: Repetition is the simple repeating of a word, within a sentence or
... Get more on HelpWriting.net ...