This document provides a summary of a law student's journal entries for their trial advocacy course. It describes the various trial assignments conducted over the semester, including direct examinations, cross examinations, voir dire, and a final mock trial. The student reflects on lessons learned from each assignment, such as improving public speaking skills, handling witnesses, using exhibits, and anticipating opposing arguments. They found the experience of preparing and conducting a full mock trial to be personally rewarding and felt it helped address weaknesses through taking on challenging roles.
This document provides an overview of evidence topics including relevance, witnesses, hearsay, privileges, writings, cross-examination, impeachment, and prior inconsistent statements. It discusses the major areas of relevance, witnesses including different forms of examination and credibility/impeachment, and hearsay exceptions. It also covers the scope of cross-examination, methods of impeachment including bias, sensory defects, character, and prior inconsistent statements. Key rules and examples are provided regarding when prior statements and extrinsic evidence can be used to impeach witnesses.
The document provides guidance on taking effective witness statements in a legal context. It discusses important considerations like putting the witness at ease, asking open-ended questions, avoiding leading questions, getting specific details, and addressing any inconsistencies in the witness's account. It emphasizes getting a clear and concise statement with relevant details while excluding irrelevant information. The goal is to obtain an accurate record of events from the witness's perspective.
Angelina discusses how learning from those with differing views has helped her grow. She provides examples of how disagreeing with a friend on abortion initially caused stress but later led to understanding each other's perspectives better. She also discusses how social movements like civil rights and gay rights advanced because some challenged prevailing norms through open discussion of new ideas, not just accepting the status quo. Overall, she argues that experiencing different opinions helps open one's mind and that disagreement does not inherently inhibit learning if one remains open-minded.
This document provides guidance on impeaching a witness through inconsistent statements or omissions. It discusses preparing for cross-examination by generating prior statements from the witness to use for impeachment. It recommends constructing a chart comparing points made on direct examination to the witness's earlier statements. The document then outlines a three-step process for impeachment: 1) recommitting the witness to their direct testimony; 2) accrediting the earlier statement; and 3) confronting the witness with the inconsistent statement. It cautions against inviting explanations and clarifications that could open the door to re-direct.
This document provides tips and strategies for effective cross-examination of witnesses. Some key points include:
1) You should only cross-examine a witness if you have a clear goal and know the answers to your questions. Cross-examination is meant to help your case and hurt the opponent's case, not to impress others.
2) During cross-examination, you are not looking for new information from the witness but rather to challenge their testimony from direct examination.
3) Thorough preparation and planning is essential, including reviewing all prior statements and testimony of the witness. Cross-examination should have a structure and focus on establishing key points.
4) The goal is not to destroy the witness
The document discusses Diana Carrington's personal statement reflecting on her education journey from high school through community college to obtaining an Associate's degree and later a position managing a senior housing complex where she gained valuable skills in accounting, office management, and working with vendors before pursuing a career in the brokerage industry and overcoming health challenges to finally return to college in her 60s to obtain a BA in Psychology.
Brandon James Robinson reflects on his childhood and experiences that helped shape his path to becoming a lawyer. He grew up in a troubled home and spent time in foster care. As a teenager, he was shot and later in a serious car accident, experiences that made him realize he needed to make the most of his life. Throughout college, he struggled one semester but was able to improve his grades with the support of family and friends. He has since been accepted to law school at Texas Tech University and plans to have a career as a healthcare or litigation attorney.
This document provides an overview of evidence topics including relevance, witnesses, hearsay, privileges, writings, cross-examination, impeachment, and prior inconsistent statements. It discusses the major areas of relevance, witnesses including different forms of examination and credibility/impeachment, and hearsay exceptions. It also covers the scope of cross-examination, methods of impeachment including bias, sensory defects, character, and prior inconsistent statements. Key rules and examples are provided regarding when prior statements and extrinsic evidence can be used to impeach witnesses.
The document provides guidance on taking effective witness statements in a legal context. It discusses important considerations like putting the witness at ease, asking open-ended questions, avoiding leading questions, getting specific details, and addressing any inconsistencies in the witness's account. It emphasizes getting a clear and concise statement with relevant details while excluding irrelevant information. The goal is to obtain an accurate record of events from the witness's perspective.
Angelina discusses how learning from those with differing views has helped her grow. She provides examples of how disagreeing with a friend on abortion initially caused stress but later led to understanding each other's perspectives better. She also discusses how social movements like civil rights and gay rights advanced because some challenged prevailing norms through open discussion of new ideas, not just accepting the status quo. Overall, she argues that experiencing different opinions helps open one's mind and that disagreement does not inherently inhibit learning if one remains open-minded.
This document provides guidance on impeaching a witness through inconsistent statements or omissions. It discusses preparing for cross-examination by generating prior statements from the witness to use for impeachment. It recommends constructing a chart comparing points made on direct examination to the witness's earlier statements. The document then outlines a three-step process for impeachment: 1) recommitting the witness to their direct testimony; 2) accrediting the earlier statement; and 3) confronting the witness with the inconsistent statement. It cautions against inviting explanations and clarifications that could open the door to re-direct.
This document provides tips and strategies for effective cross-examination of witnesses. Some key points include:
1) You should only cross-examine a witness if you have a clear goal and know the answers to your questions. Cross-examination is meant to help your case and hurt the opponent's case, not to impress others.
2) During cross-examination, you are not looking for new information from the witness but rather to challenge their testimony from direct examination.
3) Thorough preparation and planning is essential, including reviewing all prior statements and testimony of the witness. Cross-examination should have a structure and focus on establishing key points.
4) The goal is not to destroy the witness
The document discusses Diana Carrington's personal statement reflecting on her education journey from high school through community college to obtaining an Associate's degree and later a position managing a senior housing complex where she gained valuable skills in accounting, office management, and working with vendors before pursuing a career in the brokerage industry and overcoming health challenges to finally return to college in her 60s to obtain a BA in Psychology.
Brandon James Robinson reflects on his childhood and experiences that helped shape his path to becoming a lawyer. He grew up in a troubled home and spent time in foster care. As a teenager, he was shot and later in a serious car accident, experiences that made him realize he needed to make the most of his life. Throughout college, he struggled one semester but was able to improve his grades with the support of family and friends. He has since been accepted to law school at Texas Tech University and plans to have a career as a healthcare or litigation attorney.
This document outlines the key points from a math lesson on equations of graphs of proportional relationships. It includes the homework assigned, which was to complete problems sets and submit an assignment. The bulk of the document provides worked out solutions to problems from the lesson, with graphs and equations displayed. It closes by asking students why it is useful to know the equation of a relationship displayed on a graph.
Family Law Practice : Malaysia Holistic ApproachTong Tim
A non-traditional approach to Family Law practice is sorely needed in Malaysia. A lawyer can find much real satisfaction in rendering holistic service to their divorcing client.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms for those who already suffer from conditions like anxiety and depression.
This document provides information about exporting Turkish sucuk sausage to Qatar. It summarizes Qatar's geography, demographics, economy, and eating habits. It then analyzes a specific Turkish sucuk product called Ahmet Ipek Sucuk, including its packaging, competitors in Qatar, and developing a new organic and light sucuk. A SWOT analysis is included. The document also discusses placement, promotion, and pricing strategies for marketing this sucuk product in Qatar.
The document appears to be notes from a math class covering lessons 1-4 as reinforcement. It includes the aims of the lesson, notes on homework solutions, examples of simplifying expressions using distribution and combining like terms, factoring expressions, and plans for a numbered heads activity.
La persona expresa gratitud a Dios por sus dos hijos, Esteban y Salomé, a quienes considera una bendición divina. Los niños son la fuente de alegría en su vida.
ExperOPS5: A Rule-based, Data-driven Production System Language Puts a Mind b...Jim Salmons
I wrote this article and its embedded program in 1985. Dennis Bollay, President of ExperTelligence, presented the 'MOE The Bartender' program in a new product demo of ExperOPS5 at the Apple Developer Conference, Artificial Intelligence Session on January 15, 1986, in San Francisco, CA USA. :-)
The "WOW STFU!" feature of the demo was MOE's vocalizing his activity -- including belting out verses to '99 Bottles of Beer on the Wall' -- by exercising the new Macintosh MacinTalk feature.
This document provides instructions for a legal research and writing assignment requiring the student to locate and summarize various legal authorities, including federal and state statutes and case law. It includes directions to find and summarize the content of 28 U.S.C. §§ 1331, 1332, and 1333, and to locate two federal cases and two state cases, summarizing the main issue in each case. The document also provides partial citations and requires the student to complete them. Finally, it instructs the student to locate Miranda v. Arizona in an unofficial reporter and quote portions of the opinion.
This document discusses how CA DevOps solutions can help create high-performing IT organizations. It outlines challenges that DevOps can solve such as improving time-to-market and revenue. CA's strategic approach to DevOps focuses on people, processes, performance, and profit. It promotes collaboration between development and operations teams. CA offers various DevOps solutions to support agile parallel development and agile operations. Adopting DevOps using CA technologies can provide benefits like reducing costs and time to market while increasing revenue and deployments.
The next level of timeshare sales - 'Financial Logic of the Future'Katrina Willis
Timeshare presentations have remained largely unchanged for 40 years. The customer and the product has evolved, but the sales process is lost back in the stone age. Generator Presenter enhances the customer experience and delivers a clear and consistent message every time.
Clarity. Consistency. Compliance. Control. The 4C’s of Generator.
It's time to take the paper t-pitch and RVO into the 21st century, so jump aboard this time travel capsule and see the financial logic of the future...
The document discusses various non-conventional and renewable sources of energy such as solar energy, wind energy, bioenergy, hydro energy, and geothermal energy. It provides details on solar energy sources like solar cookers, solar water heaters, and solar photovoltaic cells. These convert sunlight directly into other uses like heat and electricity. Other non-conventional sources discussed include tidal energy, which uses tidal patterns to power turbines and generators, producing clean electricity. The document emphasizes that non-conventional sources are important to meet energy demands as they are continuously replenished and can provide steady energy over the long term.
The document summarizes an experiment that tested the effectiveness of different common materials for sound insulation. The materials tested included expanded polystyrene foam, stainless steel, wood, and paper. The experiment measured the sound reduction index and transmitted coefficient of each material at different frequencies. The results showed that stainless steel was the most effective at sound insulation, while expanded polystyrene foam and paper were the least effective. Common soundproofing techniques for homes using different materials were also discussed.
This document provides a 14-step guide for configuring Android for Work using Centrify as the mobile device management system. It describes setting up an account with Google for Work, installing the Google Apps for Work application in Centrify, configuring single sign-on between Centrify and Google, provisioning users, and testing the setup by enrolling an Android device managed by Centrify policies for Android for Work.
Discussion Board Unit4 Proof Requirements and Sentencing Due.docxelinoraudley582231
Discussion Board Unit4 Proof Requirements and Sentencing Due Date: Initial post- Wed, Reply post -Sun, Points Possible: 75
The discussion assignment for this week includes a review of the Key Assignment Outline completed by one of your classmates, as well as a substantial response to at least one other student.
Primary Task Response: Your first task is to post your own Key Assignment Outline to the discussion area so that other students are able to review your plan. Attach your document to the main discussion post, and include any notes you feel are appropriate. The purpose of this assignment is to help improve the quality of the Key Assignment Draft you will complete next week.
Respond to Another Student: Review at least 1 other student's Key Assignment Outline and provide meaningful feedback. Refrain from general feedback, such as simply stating "good job." Your feedback to other students is most helpful if you not only point out weak areas but also offer suggestions for improvement. The best feedback takes a three-stage approach to identify what was done well, weaknesses, and areas for improvement.
Discussion Board Unit 4 Proof Requirements and Sentencing Due Date: Initial-Wed, Reply- Sun, Points Possible: 75
post an outline of their Key Assignment to the Discussion Board as part of your main post. The main post should include any necessary notes regarding the outline. You should complete at least 1 quality response to a classmate during the week using the three-stage approach to identify the following:
what was done well
weaknesses
areas for improvement
There is an expectation that grammar, spelling, punctuation, and format are correct and professional.
Individual Project Unit 4: Proof Requirements and Sentencing Due: Mon, see class Grading 150 Length: 1,250–1,500 words
Key Assignment
While working an undercover detail in a neighborhood known for drug activity, you notice a vehicle stopped at the intersection waiting for the light to change. The man in the vehicle makes eye contact with you. You approach his vehicle and begin carrying on a conversation with him. You ask him if he needs anything, and he responds by asking you, “What do you have?” You ask him what he is looking for, and he tells you he is looking to score. You show him a small bag containing a white powdery substance; he asks how much, and you respond, "20 dollars." He hands you a $20 bill, and you give him the bag and tip your hat to signal that the transaction was completed. At this time, the man drives off and is stopped a block away by a marked unit. The individual is placed under arrest for drug possession and purchasing drugs, and he is taken to jail.
The individual is charged with possession of a controlled substance. At his trial, he claimed that he was a victim of entrapment by the police. He was found guilty and sentenced to serve 5 years in jail and given credit for the 3 months he already had served in jail.
Assignment Guidelines
Address.
Fight Against Gun Control Free Essay Example. Gun control : for and against Essay Example | Topics and Well Written .... Against gun control Research Paper Example | Topics and Well Written .... Why should we have gun control laws? - Free Essay Example | PapersOwl.com. Writing a pro/against gun control essay (outline and examples). College Essay: Essays against gun control. Gun Control Legislation - Free Essay Example | PapersOwl.com.
Aminah Thompson is applying for a judicial position in North Carolina. She has experience as both an attorney in private practice handling personal injury cases and currently serves as a magistrate judge. If elected, she aims to support programs that provide treatment for issues like substance abuse and mental health in an effort to rehabilitate offenders and reduce incarceration rates.
Assignment Reflection You looked quite critically at the US Co.docxfredharris32
Assignment : Reflection
You looked quite critically at the US Constitution and engaged in some controversial discussions. Be assured that you were not alone and that your classmates had a similar experience, although maybe not regarding the same issues that you found to be controversial.
In at least 250 words, post to the Discussion Area your answers to the following questions:
· Which reading assignments were the most challenging to you?
· In what way did they challenge you?
· What measures did you take to overcome the challenges?
· What is your learning from these challenges that you would like to share with your classmates?
· In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
Professor
Very informative post, fenan. For you classmates, can you elaborate on what "harmless error" means?
Thanks for the early post! Great job.
Student 1 Post
Which reading assignments were the most challenging to you?
The reading assignments that was most challenging to me was learning more about probable Cause, Stop & Frisk and Miranda Case. These assignments have challenge my mindset to understand how criminal justice and laws must be used.
In what way did they challenge you?
The way they challenge me was also giving important information that I didn’t know about how law was created. Learning new information is very knowledgeable and must be used with important needs. Many laws changes each year and all law enforcement officials should know the laws to conduct their duties to which they have taken an oath by.
What measures did you take to overcome the challenges?
Some measure that I used to overcome these challenges were learning more about how criminal procedure is conducted, understanding about what the criminal justice system is and focusing my knowledge better to use in my law enforcement career.
What is your learning from these challenges that you would like to share with your classmates?
I have learned a great deal upon how to use Criminal Procedure as a school setting to understand further what laws that are used in courtroom cases. I believe in many new learning strategies to one day may become someone important. With challenges come better learners to create any standards that are what we stand for.
In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
A Constitutional issues that I found controversial are The Charging Decision vs deciding Not to Prosecute.
The Charging Decision
The prosecutor generally has the authority to decide whether to proceed with charges. This is known as prosecutorial discretion. He or she can elect not to charge for a number of reasons, even over strenuous objection on the part of the complainant or victim. The pr ...
TO KNOW THERE IS INJUSTICE AND BE SILENT, IS INJSUTICE; PROSECUTORIAL MISCONDUCT, PROSECUTOR MISCONDUCT, WILLIE GENE WOODARD, PHOENIX, ARIZONA, KEVIN RAPP, MONICA KLAPPER, JUDGE ROSENBLATT, DAVID LOCKHART, WRONGFUL CONVICTIONS, POLICE MISCONDUCT, FBI, U.S. ASSISTANT ATTORNEY, FEDERAL JUDGE, SUPREME COURT, INJUSTICE, WILL G. WOODARD, THE STAND, REDEMPTION STAND, BOUNCING FROM THE BOTTOM TO THE TOP, IN JESUS NAME, ROBERT MARGOLIS, AMEN.
Here are the key points about why trademarks and patents are important to Apple:
- Trademarks protect Apple's brand identity and reputation. Its trademarks like "iPhone" and "iPad" are synonymous with Apple products and instantly signal quality and innovation to consumers. This brand loyalty and customer recognition have huge commercial value.
- Patents allow Apple to protect its technological innovations from being copied by competitors. Much of Apple's success stems from pioneering new product categories like the smartphone and tablet. Patents on technologies like multi-touch screens and minimalist designs give Apple exclusivity and a competitive edge.
- In patent infringement lawsuits, Apple has used its large patent portfolio aggressively to block competitors from copying its innovations. For example, high
The document summarizes a letter from a student named Ebony Yarger to her professor Jill Heney about her place study research on the Lyda Southard case. Yarger's research focused on examining the evidence used to convict Southard in light of modern scientific understanding, as poison cases from that era were not well documented. Yarger discovered flaws in the prosecution's argument and evidence against Southard through her in-depth research of scientific journals from the 1890s to present. Her rhetorical choice was to argue for Southard's innocence based on inconsistencies in the evidence and a lack of understanding about toxicology at the time of the trial.
The document is the final jury instructions from a criminal trial of Michelle Liard and Rafal Lasota. It provides guidance to the jury on their duties, how to evaluate the evidence, and the legal principles they must follow in reaching a verdict. The judge instructs the jury that they must decide the facts based solely on the evidence presented in court, disregarding any outside information. They are also told to make their decision without bias and to accept the law as explained to them by the judge.
This document outlines the key points from a math lesson on equations of graphs of proportional relationships. It includes the homework assigned, which was to complete problems sets and submit an assignment. The bulk of the document provides worked out solutions to problems from the lesson, with graphs and equations displayed. It closes by asking students why it is useful to know the equation of a relationship displayed on a graph.
Family Law Practice : Malaysia Holistic ApproachTong Tim
A non-traditional approach to Family Law practice is sorely needed in Malaysia. A lawyer can find much real satisfaction in rendering holistic service to their divorcing client.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms for those who already suffer from conditions like anxiety and depression.
This document provides information about exporting Turkish sucuk sausage to Qatar. It summarizes Qatar's geography, demographics, economy, and eating habits. It then analyzes a specific Turkish sucuk product called Ahmet Ipek Sucuk, including its packaging, competitors in Qatar, and developing a new organic and light sucuk. A SWOT analysis is included. The document also discusses placement, promotion, and pricing strategies for marketing this sucuk product in Qatar.
The document appears to be notes from a math class covering lessons 1-4 as reinforcement. It includes the aims of the lesson, notes on homework solutions, examples of simplifying expressions using distribution and combining like terms, factoring expressions, and plans for a numbered heads activity.
La persona expresa gratitud a Dios por sus dos hijos, Esteban y Salomé, a quienes considera una bendición divina. Los niños son la fuente de alegría en su vida.
ExperOPS5: A Rule-based, Data-driven Production System Language Puts a Mind b...Jim Salmons
I wrote this article and its embedded program in 1985. Dennis Bollay, President of ExperTelligence, presented the 'MOE The Bartender' program in a new product demo of ExperOPS5 at the Apple Developer Conference, Artificial Intelligence Session on January 15, 1986, in San Francisco, CA USA. :-)
The "WOW STFU!" feature of the demo was MOE's vocalizing his activity -- including belting out verses to '99 Bottles of Beer on the Wall' -- by exercising the new Macintosh MacinTalk feature.
This document provides instructions for a legal research and writing assignment requiring the student to locate and summarize various legal authorities, including federal and state statutes and case law. It includes directions to find and summarize the content of 28 U.S.C. §§ 1331, 1332, and 1333, and to locate two federal cases and two state cases, summarizing the main issue in each case. The document also provides partial citations and requires the student to complete them. Finally, it instructs the student to locate Miranda v. Arizona in an unofficial reporter and quote portions of the opinion.
This document discusses how CA DevOps solutions can help create high-performing IT organizations. It outlines challenges that DevOps can solve such as improving time-to-market and revenue. CA's strategic approach to DevOps focuses on people, processes, performance, and profit. It promotes collaboration between development and operations teams. CA offers various DevOps solutions to support agile parallel development and agile operations. Adopting DevOps using CA technologies can provide benefits like reducing costs and time to market while increasing revenue and deployments.
The next level of timeshare sales - 'Financial Logic of the Future'Katrina Willis
Timeshare presentations have remained largely unchanged for 40 years. The customer and the product has evolved, but the sales process is lost back in the stone age. Generator Presenter enhances the customer experience and delivers a clear and consistent message every time.
Clarity. Consistency. Compliance. Control. The 4C’s of Generator.
It's time to take the paper t-pitch and RVO into the 21st century, so jump aboard this time travel capsule and see the financial logic of the future...
The document discusses various non-conventional and renewable sources of energy such as solar energy, wind energy, bioenergy, hydro energy, and geothermal energy. It provides details on solar energy sources like solar cookers, solar water heaters, and solar photovoltaic cells. These convert sunlight directly into other uses like heat and electricity. Other non-conventional sources discussed include tidal energy, which uses tidal patterns to power turbines and generators, producing clean electricity. The document emphasizes that non-conventional sources are important to meet energy demands as they are continuously replenished and can provide steady energy over the long term.
The document summarizes an experiment that tested the effectiveness of different common materials for sound insulation. The materials tested included expanded polystyrene foam, stainless steel, wood, and paper. The experiment measured the sound reduction index and transmitted coefficient of each material at different frequencies. The results showed that stainless steel was the most effective at sound insulation, while expanded polystyrene foam and paper were the least effective. Common soundproofing techniques for homes using different materials were also discussed.
This document provides a 14-step guide for configuring Android for Work using Centrify as the mobile device management system. It describes setting up an account with Google for Work, installing the Google Apps for Work application in Centrify, configuring single sign-on between Centrify and Google, provisioning users, and testing the setup by enrolling an Android device managed by Centrify policies for Android for Work.
Discussion Board Unit4 Proof Requirements and Sentencing Due.docxelinoraudley582231
Discussion Board Unit4 Proof Requirements and Sentencing Due Date: Initial post- Wed, Reply post -Sun, Points Possible: 75
The discussion assignment for this week includes a review of the Key Assignment Outline completed by one of your classmates, as well as a substantial response to at least one other student.
Primary Task Response: Your first task is to post your own Key Assignment Outline to the discussion area so that other students are able to review your plan. Attach your document to the main discussion post, and include any notes you feel are appropriate. The purpose of this assignment is to help improve the quality of the Key Assignment Draft you will complete next week.
Respond to Another Student: Review at least 1 other student's Key Assignment Outline and provide meaningful feedback. Refrain from general feedback, such as simply stating "good job." Your feedback to other students is most helpful if you not only point out weak areas but also offer suggestions for improvement. The best feedback takes a three-stage approach to identify what was done well, weaknesses, and areas for improvement.
Discussion Board Unit 4 Proof Requirements and Sentencing Due Date: Initial-Wed, Reply- Sun, Points Possible: 75
post an outline of their Key Assignment to the Discussion Board as part of your main post. The main post should include any necessary notes regarding the outline. You should complete at least 1 quality response to a classmate during the week using the three-stage approach to identify the following:
what was done well
weaknesses
areas for improvement
There is an expectation that grammar, spelling, punctuation, and format are correct and professional.
Individual Project Unit 4: Proof Requirements and Sentencing Due: Mon, see class Grading 150 Length: 1,250–1,500 words
Key Assignment
While working an undercover detail in a neighborhood known for drug activity, you notice a vehicle stopped at the intersection waiting for the light to change. The man in the vehicle makes eye contact with you. You approach his vehicle and begin carrying on a conversation with him. You ask him if he needs anything, and he responds by asking you, “What do you have?” You ask him what he is looking for, and he tells you he is looking to score. You show him a small bag containing a white powdery substance; he asks how much, and you respond, "20 dollars." He hands you a $20 bill, and you give him the bag and tip your hat to signal that the transaction was completed. At this time, the man drives off and is stopped a block away by a marked unit. The individual is placed under arrest for drug possession and purchasing drugs, and he is taken to jail.
The individual is charged with possession of a controlled substance. At his trial, he claimed that he was a victim of entrapment by the police. He was found guilty and sentenced to serve 5 years in jail and given credit for the 3 months he already had served in jail.
Assignment Guidelines
Address.
Fight Against Gun Control Free Essay Example. Gun control : for and against Essay Example | Topics and Well Written .... Against gun control Research Paper Example | Topics and Well Written .... Why should we have gun control laws? - Free Essay Example | PapersOwl.com. Writing a pro/against gun control essay (outline and examples). College Essay: Essays against gun control. Gun Control Legislation - Free Essay Example | PapersOwl.com.
Aminah Thompson is applying for a judicial position in North Carolina. She has experience as both an attorney in private practice handling personal injury cases and currently serves as a magistrate judge. If elected, she aims to support programs that provide treatment for issues like substance abuse and mental health in an effort to rehabilitate offenders and reduce incarceration rates.
Assignment Reflection You looked quite critically at the US Co.docxfredharris32
Assignment : Reflection
You looked quite critically at the US Constitution and engaged in some controversial discussions. Be assured that you were not alone and that your classmates had a similar experience, although maybe not regarding the same issues that you found to be controversial.
In at least 250 words, post to the Discussion Area your answers to the following questions:
· Which reading assignments were the most challenging to you?
· In what way did they challenge you?
· What measures did you take to overcome the challenges?
· What is your learning from these challenges that you would like to share with your classmates?
· In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
Professor
Very informative post, fenan. For you classmates, can you elaborate on what "harmless error" means?
Thanks for the early post! Great job.
Student 1 Post
Which reading assignments were the most challenging to you?
The reading assignments that was most challenging to me was learning more about probable Cause, Stop & Frisk and Miranda Case. These assignments have challenge my mindset to understand how criminal justice and laws must be used.
In what way did they challenge you?
The way they challenge me was also giving important information that I didn’t know about how law was created. Learning new information is very knowledgeable and must be used with important needs. Many laws changes each year and all law enforcement officials should know the laws to conduct their duties to which they have taken an oath by.
What measures did you take to overcome the challenges?
Some measure that I used to overcome these challenges were learning more about how criminal procedure is conducted, understanding about what the criminal justice system is and focusing my knowledge better to use in my law enforcement career.
What is your learning from these challenges that you would like to share with your classmates?
I have learned a great deal upon how to use Criminal Procedure as a school setting to understand further what laws that are used in courtroom cases. I believe in many new learning strategies to one day may become someone important. With challenges come better learners to create any standards that are what we stand for.
In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
A Constitutional issues that I found controversial are The Charging Decision vs deciding Not to Prosecute.
The Charging Decision
The prosecutor generally has the authority to decide whether to proceed with charges. This is known as prosecutorial discretion. He or she can elect not to charge for a number of reasons, even over strenuous objection on the part of the complainant or victim. The pr ...
TO KNOW THERE IS INJUSTICE AND BE SILENT, IS INJSUTICE; PROSECUTORIAL MISCONDUCT, PROSECUTOR MISCONDUCT, WILLIE GENE WOODARD, PHOENIX, ARIZONA, KEVIN RAPP, MONICA KLAPPER, JUDGE ROSENBLATT, DAVID LOCKHART, WRONGFUL CONVICTIONS, POLICE MISCONDUCT, FBI, U.S. ASSISTANT ATTORNEY, FEDERAL JUDGE, SUPREME COURT, INJUSTICE, WILL G. WOODARD, THE STAND, REDEMPTION STAND, BOUNCING FROM THE BOTTOM TO THE TOP, IN JESUS NAME, ROBERT MARGOLIS, AMEN.
Here are the key points about why trademarks and patents are important to Apple:
- Trademarks protect Apple's brand identity and reputation. Its trademarks like "iPhone" and "iPad" are synonymous with Apple products and instantly signal quality and innovation to consumers. This brand loyalty and customer recognition have huge commercial value.
- Patents allow Apple to protect its technological innovations from being copied by competitors. Much of Apple's success stems from pioneering new product categories like the smartphone and tablet. Patents on technologies like multi-touch screens and minimalist designs give Apple exclusivity and a competitive edge.
- In patent infringement lawsuits, Apple has used its large patent portfolio aggressively to block competitors from copying its innovations. For example, high
The document summarizes a letter from a student named Ebony Yarger to her professor Jill Heney about her place study research on the Lyda Southard case. Yarger's research focused on examining the evidence used to convict Southard in light of modern scientific understanding, as poison cases from that era were not well documented. Yarger discovered flaws in the prosecution's argument and evidence against Southard through her in-depth research of scientific journals from the 1890s to present. Her rhetorical choice was to argue for Southard's innocence based on inconsistencies in the evidence and a lack of understanding about toxicology at the time of the trial.
The document is the final jury instructions from a criminal trial of Michelle Liard and Rafal Lasota. It provides guidance to the jury on their duties, how to evaluate the evidence, and the legal principles they must follow in reaching a verdict. The judge instructs the jury that they must decide the facts based solely on the evidence presented in court, disregarding any outside information. They are also told to make their decision without bias and to accept the law as explained to them by the judge.
Lucas Marsico observed a trial at the Philadelphia Courthouse of Common Pleas. He found the courthouse difficult to access and navigate. In the courtroom, the judge seemed intimidating and disrespectful towards others. The attorneys also disrespected each other at times. Marsico felt intimidated in the courthouse and courtroom. He believes policy changes should be made to reduce intimidation and better protect defendants' rights to due process.
Lorenzo "Cat" Johnson's life sentence was vacated by the Third Circuit Court, on the grounds of insufficient evidence. After Johnson was released from prison, however, the US Supreme Court overturned the ruling and demanded that Johnson turn himself in — which he did. Back in prison, he continues to fight against wrongful convictions.
The document discusses the importance of civic education and mock trials. It notes that many Americans cannot name basic parts of the government. Mock trials are recommended as they make law come alive and engage students through roles and higher-order thinking. Benefits include connections to different learning styles and grades. Elements of theatre, plot analysis, and character development are described to aid in preparing mock trials. Resources for teachers are provided.
The document summarizes key points from a presentation titled "The Most Fun You Can Have While Practicing Law: Oral Arguments". It discusses:
1) Oral arguments are becoming less common, though some see declining to request one as a sign of weakness.
2) The standards and processes for requesting oral arguments in Arkansas and federal courts. Oral arguments are more readily granted in federal courts.
3) Best practices for effective oral arguments including thoroughly preparing, answering questions directly, maintaining credibility, and clearly stating what outcome you want the court to reach.
4) The importance of determining what question(s) the court may have that led them to grant oral argument in
Auto Injury Litigation From Start to Finish Woodrow Glass
This document discusses the importance of thoroughly investigating potential cases before filing litigation. It recommends conducting a case screening which includes reviewing jury instructions and similar past cases. The initial client interview and questionnaire are important for gathering accurate facts and assessing if the client will be likeable to a potential jury. Pre-suit investigation should include obtaining relevant documents like medical records, accident reports, social media, and background checks. Developing an expense budget is also recommended to evaluate if the likely case value justifies costs. Thorough pre-filing investigation helps maximize case value and increases the chances of a successful outcome for both the client and attorney.
Auto Injury Litigation From Start to FinishWoodrow Glass
This document discusses the importance of thoroughly screening potential cases before accepting representation. It emphasizes reviewing elements and facts needed to prove legal theories, researching recent verdicts, monitoring social media, and carefully evaluating the client's likability and version of events during an initial interview. Conducting pre-suit investigation helps avoid disappointment from adverse rulings or defense verdicts that could result from hastily filed cases without properly screening facts and legal viability first.
THE EXCLUSIONARY RULEThis week we learned about the exclusionary.docxmehek4
THE EXCLUSIONARY RULE
This week we learned about the exclusionary rule. That is of course not the only method that could be used to deal with evidence seized in violation of the Constitution. Some see this as police misconduct and that society loses when we enforce the exclusionary rule. Others see officers as public agents (after all they are doing your work not their own agenda) and appropriate to punish the government instead of the individual officers.
· Should a murderer go free because police made a mistake?
· What do you think about this?
· Is the exclusionary rule the best option?
· It was created by judges not Congress after all. Are there other methods we could consider? What are they?
This is an essay response type question. Your answer should be at least 350 words. After completing your post review the majority of other posts. Feel free to comment as you wish.
MIRANDA
Last week’s class deals primarily with the assistance of an attorney regarding questioning. While there are a lot of misconceptions as to when Miranda must be read, it seems almost everyone knows the rights outlined in the Miranda Warning; however, if police neglect to read the warning to a suspect prior to custodial interrogation the suspect’s statements are not admissible (even if the suspect is an attorney or police officer that obviously knows the Miranda Warning).
· So I ask you, do we still need the Miranda Warning? Congress tried, unsuccessfully to eliminate the requirement. Why do we still have it?
· Do you think it serves a useful purpose?
· Why do we even have the Miranda Warning? We don’t require police to tell people they have a right to refuse consent to search. . .
This is an essay response type question. Your answer should be at least 350 words. After completing your post review the majority of other posts. Feel free to comment as you wish.
PUNISHMENT
This past week we covered the 8th Amendment, particularly that of cruel and unusual punishment. For this discussion I want you to consider what punishment is and what it is not.
· Do prisoners really have rights?
· What limits should they have?
· How and who should determine where we draw the line?
· Do they have an expectation to privacy in their cells?
· Should they be able to vote in prison?
· Should they be able to have guns when they are released from jail or prison?
· What about segregation?
· What do you do with a prisoner who assaults other prisoners and staff every chance they get?
· When is capital punishment appropriate?
In order to receive full credit you must not only include your opinion on one of these issues, but also the LEGAL basis for it. (If the courts do not agree with you, state how they have decided and what the legal argument would be against it.) Please do a post of at least 300 words. As always be sure to come back and review other posts.
Topic: Adolescent involvement in street gangs
References
Dong, B. & Krohn, M. D. (2016). Escape from violence: What reduc ...
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imagine that you have a suspect in custody and the opportunity to o.docxgordienaysmythe
imagine that you have a suspect in custody and the opportunity to observe him/her while they are being detained. You are on the other side of the one-way mirror and are able to hear the questions and answers to many of the questions. The FBI agents will not ask all of the questions on the list below, but as the criminal profiler, you must still find the answers to these questions. In addition, you are required to think critically to generate, ask, and answer five more questions, in addition to the questions below.
What is the birth date of the perpetrator?
Is the perpetrator male or female?
Where was he/she born?
What is the perpetrator’s last home or last known address?
What types of crimes did he/she commit?
Who caught him/her?
What is the perpetrator known for?
Did he/she serve time in jail?
If yes, where, when, and how long?
What is the perpetrator’s height, weight, and other identifiable marks, such as markings/piercings on the body?
Does he/she have any known aliases?
What was the Modus Operandi used?
What are the possible motives for committing the crime?
Did he/she have a signature style when he/she committed the crime?
Who are the perpetrator’s friends or family?
You will write a paper including your first impressions of the suspect. In this paper, be sure to answer the questions above, and then provide answers to five additional questions that are relevant to the suspect. You must make connections and collaborate to obtain and verify the information that you have been given. For example, if Ima Killer, the interviewee, states she was born in Boston, you will need to verify that information. Once “verified” you can include in your report that you verified with Mass General Hospital that the individual was born there. The goal of this part of the assignment is to demonstrate that you are putting all the pieces together and making educated guesses as you explore possible suspects. The educated guesses should be derived from theory, so review some of the previous weeks’ theory or research new theories and connect them within your paper. Make at least two scholarly connections to your suspect, the victim, or the crime scene. Each piece of the assignment, starting with analyzing the crime scene leads us to this important interview. If you are looking for a serial arsonist and notice he or she happens to smoke the same brand of cigarette found at the past three crime scenes, you have a lead. Not a definitive lead, but a strong lead that can be corroborated.
Length: 5-7 pages
References: a minimum of two resources
Your paper should demonstrate thoughtful consideration of the ideas and concepts presented in the course by providing new thoughts and insights relating directly to this topic. Your response should reflect doctoral-level writing and APA standards
.
There are three types of audiences that require differing amounts of evidence to support an argument: friendly, neutral, and hostile. A friendly audience requires the least evidence as they already support your position. A hostile audience requires the most evidence as they oppose your viewpoint. A neutral audience is undecided and requires quality evidence to convince them. There are five basic types of evidence to support an argument: common knowledge, hearsay, precedent, statistical, and testimonial. The type of evidence used depends on the audience and claim being made.
This document provides three case vignettes involving individuals facing legal charges and in need of forensic assessment. The first case involves Ms. G, a 46-year-old woman charged with burglary who was intoxicated and combative at the time of arrest. The second case involves Mr. P, a 26-year-old man charged with his fourth DUI who believes the charges are unjustified. The third case involves Mr. H, a 24-year-old man charged with second-degree murder for shooting his noisy neighbor, who claims he was instructed by God to do so. For each case, the reader is asked to determine the most appropriate type of forensic assessment from among four options.
This document summarizes the closing speech given by the defense counsel Sahar Saqib in the family law case of Zarina Bano v Abdul Ghafoor. The defense counsel argues that Mr. Ghafoor has dutifully provided for his family for 8 years, working hard and sacrificing personal pleasures. However, Ms. Bano has insisted on exercising her right to dissolve the marriage maliciously and out of petty revenge, despite Mr. Ghafoor's faultless support and care for her and their children. The counsel asserts that Mr. Ghafoor deserves to have his conjugal rights restored due to his selfless efforts for his family's wellbeing.
The petitioner rebuts arguments made by respondents in the PCO Judges case. First, the oath taken by Chief Justice Abdul Hameed Dogar and other judges under PCO 1 of 2007 after the Supreme Court's 2007 decision was invalid. Second, General Musharraf's actions in dismissing the 2007 judicial order and imposing emergency violated the constitution. Third, there were no vacancies when non-de jure Chief Justice Dogar made appointments, as the de jure judges were still holding office. The petitioner also argues the Tikka Iqbal case does not justify increasing judicial positions. Chief Justice Dogar's decision in that case disregarded the original petition and Musharraf's actions were self-serving, not
Sahar Saqib - Research Essay (Final Year)saharsaqib
Articles 2 and 5 of the European Convention on Human Rights have impacted police powers in the United Kingdom in the following ways:
1) Article 2, the right to life, requires that deaths caused by police undergo effective investigations to prevent rights violations, as seen in Ramsahai.
2) Article 5, the right to liberty, places stricter limits on police detention powers, as analyzed in Austin regarding the practice of "kettling".
3) While increasing bureaucratic requirements, officers now view the Human Rights Act as legitimizing and protecting their work from criticism, as found in research by Bullock and Johnson.
Sahar Saqib - Transcript of Oral Presentationsaharsaqib
Sahar Saqib gave an oral presentation on issues relating to the law of domicile in English conflict of laws. She discussed the three types of domicile - domicile of origin, choice, and dependence. She critiqued flaws in determining domicile, such as lack of a clear definition and unsatisfactory rules regarding legitimacy. While domicile is an important connecting factor, Sahar argued nationality may be a less complex alternative. She concluded by noting suggested reforms to modernize the law of domicile.
The document discusses the impact of Articles 2 and 5 of the European Convention on Human Rights (ECHR) on police powers in the United Kingdom following the enactment of the ECHR in 1950 and the Human Rights Act 1998. It outlines that the collective impact of these laws and the influx of rights they introduced must be analyzed to determine if they have been upheld as originally intended by the Convention and whether they have affected human rights, police powers, and public awareness. Relevant case law will be examined and the views of the judiciary considered to illustrate the most pertinent and impactful articles.
Appendix C - Oral Presentation PowerPointsaharsaqib
This document discusses flaws in the law on domicile and proposes reforms. It defines domicile and outlines the types of domicile - domicile of origin, choice, and dependence. It notes criticisms of domicile of choice, including that the concept of permanence is outdated and domicile of choice is difficult to prove. The document also examines domicile of dependence and suggests nationality or habitual residence as better connecting factors than domicile. It concludes by noting the Law Commission proposed reforms to replace domicile.
This case brief summarizes the 1993 Supreme Court of Wisconsin case Robert F. Lestina v West Bend Mutual Insurance Company. It involves a personal injury lawsuit filed after the plaintiff was injured during a recreational soccer match. The court had to determine the appropriate standard of care - negligence or recklessness - for determining liability in injuries from contact sports. The majority held that negligence was the proper standard. However, one justice dissented, arguing that recklessness should be required to discourage lawsuits from ordinary plays and encourage vigorous participation. The author of the brief agrees with the dissenting view.
Betty was injured in a car accident caused by an underage drunk driver, Peter. She seeks to recover damages from the convenience store, SCS, where beer was sold to Peter's friend William. The summary addresses three legal issues:
1) Betty can likely establish SCS's negligence through its employee Debbie's sale of beer, as Debbie knew Peter and others with William were minors who would drink the beer.
2) Betty can recover partial damages from SCS despite her own comparative negligence in texting while driving, as her actions did not solely cause the accident.
3) Betty's claim will not be dismissed due to the statute of limitations as the accident occurred less than 3 years ago
Tom wore a t-shirt depicting cartoons that ridiculed a religion to school. The principal forced Tom to remove the shirt, violating his free speech rights. Teachers were told to kick out students describing the shirt. When Tom described his shirt, his teacher kicked him out, again violating his rights. The teacher posted criticism of this policy on Facebook and was suspended, which also violated his free speech rights. While schools can restrict disruptive speech, Tom's speech did not cause disruption, so his and his teacher's rights were infringed upon.
This document provides a summary of relevant sources for a legal memo on whether a convenience store (SCS) can be held liable for injuries resulting from an accident caused by an intoxicated driver (William) who was provided alcohol by the store. The summary includes:
1) Secondary sources analyzing social host liability laws and comparative negligence principles.
2) New York statutes on alcohol sales to minors, use of mobile devices while driving, dram shop liability, and comparative negligence.
3) Case summaries of Sherman v. Robinson, Linn v. Rand, People v. Goldstein, and People v. Riexinger analyzing issues like indirect alcohol sales, social host liability, and mobile device use while driving
Assessment of Service Tribunals (Amendment) Act 2014saharsaqib
The document discusses the Service Tribunals (Amendment) Act of 2014 in Pakistan. It provides background on the Service Tribunals Act of 1973 and issues that arose over time, leading to a Supreme Court case in 2013. The 2014 Amendment addressed some of these issues, including making the appointment of the Federal Service Tribunal's chairman involve consultation with the Chief Justice. However, the chairman is still appointed by the president. The Amendment also aimed to address problems like the Tribunal's declining relevance and lack of appointments to its judicial panel.
The bi-monthly report summarizes the tasks completed by an intern at PIPS during their summer internship from June 9th to 25th. The intern collected legislation from 2014, 2011, and 2008 to contribute to PIPS' online laws database. They also assisted in writing budget cut motions for the 2014-2015 federal budget and drafting parliamentary speeches. Additionally, the intern researched the differences between supplementary grants and excess grants and supplemented an existing 14-page research paper on democracy within 24 hours. The database work is ongoing and expected to be completed by the end of the internship.
Supplementary Demands for Grants are requests for additional funding that are made before the end of the fiscal year, while Excess Demands for Grants are made after a financial year has ended to appropriate funds for expenditures that exceeded the original budget allocation. Excess Demands allow flexibility for unexpected needs but have also been criticized as undermining legislative control over public spending. Both Supplementary and Excess Demands follow the same parliamentary approval process as the main budget.
1. Trial Advocacy
Course: 6640-22, Spring 2006
Professor Marian Blank Horn
Compiled by: Sahar Saqib
Journal Entries: Table of Contents
Assignment 1: Direct Examination of Officer Russell – assigned 1/12/2016,
conducted 2/2/2016
Assignment 2: Cross Examination of Officer Russell – conducted 2/2/2016
Assignment 3: Direct Examination of Officer Russell – never conducted
Assignment 4: Cross Examination of Dr. Liu – assigned 2/9/16, conducted 3/8/16
Assignment 5: Jury Voir Dire of Paves, assigned 3/8/2016, conducted 3/22/2016
Assignment 6: Use of exhibits in Paves, assigned 3/15/2016, conducted 3/29/2016
Final Trial: The Commonwealth of Washington v John Blue, conducted 4/5/2016
2. Journal Entries
First impressions: Because I am a common law lawyer, I feel I will benefit from the course
primarily through placing myself in a court room situation where I must learn to think on my
feet. The US system is different from how we conduct court hearings at home primarily because
we lack a jury system. I am not a public speaker, although last semester in Negotiations I learnt
that I can pretend to be confident about my assertions even though I may not feel that to be true.
I missed the first class as I arrived in D.C. one week late. I enjoyed the introduction and my peers
appeared very friendly. I look forward to learning more, and I am happy my friend Sara had
decided to take this course with me.
In class we discussed expectations of this course, and some students conducted their direct
examinations which were assigned to them last week. I collected my case pack to prepare and
conduct my direct examination in the next class. I learnt from observing the students and
gathered that they were all good speakers, and resolved to push myself to be just as good.
I learnt that it is possible to re-direct, or conduct a second examination in chief even after the
cross examination has occurred. I did not receive this well initially because to me it defeated the
purpose of a cross examination, if the opposing side would get a second chance to restate their
position.
3. Assignment 1 and 2: Direct Examination and Cross Examination of Officer Russell
– conducted 2/2/2016
We discussed the case of People v James Sturgess, this time with emphasis on witness handling
as well as direct and cross examination techniques in class today. I have some experience from
having conducted mock trials during my LL.B but the rules are different with respect to leading
questions. We are absolutely not allowed to use leading questions irrespective of whether we are
conducting an examination in chief (or direct examination) or cross-examination. I find the U.S.
system to be interesting in that we have more liberties to speak freely in the court and not worry
about the judge striking your question or the other parties countering your remarks by saying
they are suggestive, or leading, and that until you are stopped, the judge will let you continue
your line of argument.
I conducted my first direct examination. I learnt how to alert the witnesses to evidence by asking
if it they recognized the item in question that I would hold up for them. It was also my first time
speaking in the class and I was met with some warm remarks after class.
I was the last person to conduct the direct as most everyone had participated the week prior. I
was however the first in the class to conduct a cross examination and it was a little nerve
wracking because although I knew what a cross examination entailed, I was very unsure of the
rules. The court room etiquette is different with relation to cross examinations because although
we can cut off a witness as they speak, the judge will frown at this aggressive behavior, because
it is also perceived as not letting the witness elaborate their point. Usually the questions asked in
cross examination are different, or talk about a different element in a new light, and so the
witness should be able to express their thoughts on it. But we are encouraged to curtly end the
discussion with the witness, which is new and refreshing because I feel it gives me more power
to handle the witness to give exactly the answer I want.
I conducted a cross examination and received feedback that I did well. I was not careful with the
dates and so I confused my witness by asking her to recount the wrong event on the wrong day.
I also prepared to be the witness Greg Young but did not get called on to volunteer as witness.
4. Assignment 4: Cross Examination of Dr. Lui – assigned 2/9/16, conducted 3/8/16
In today’s class we discussed the Hyde case and I learnt how to call witnesses in the order that
would best suit your case and client’s story. We learnt how to discredit a witness, particularly an
expert witness by wondering aloud if they were even shown any reports, or asking how many
articles they had written.
I was unable to conduct my cross examination for Dr. Lui in the manner that I had prepared it. I
had brought in evidence which I would have used to discredit him and his expertise, but I
realized after the class that cross examination is better done when your questions are not so
presumptive and air tight. I could not ask them in the manner I would have done a direct
examination, which was my first mistake. I felt I prepared the questions too specifically and with
the view that the doctor would perhaps assert that he was a specialist or would insist that it was
not a suicide. The fact that this was not the line of reasoning chosen during the examination in
chief really threw me off. I failed to notice that the Doctor’s statement does show that he denies
being a psychiatrist, but I was unsure how the Petitioners would tackle this witness.
I should have objected to their being entered in as an expert witness, but I was unsure how to
argue at that point in the trial that he was not only a medical expert and not a psychiatrist. Due to
my heavily formatted line of questioning, I was very disoriented as the main point I wanted to
establish was already professed by the witness. As a result, I asked a handful of general questions
and had the Doctor repeat that he was not a psychiatrist. Had I not fixated so much on my line of
questioning and addressed the issues raised by the Plaintiff, I feel I would have performed better
on the cross examination.
5. Cross Examination: Dr. Sid Lui
May I proceed, your Honour?
My name is Sahar Saqib, cross examining Mr. Liu for the Defendant, Beneficial Life Insurance
Company.
Mr. Lui, you have been practicing family medicine in Petersburg for about 13 years now,
correct?
Could you please repeat your qualifications? [only if haven’t been asked, or repeat for emphasis]
How many years have you known the Hyde family? [only if hasn’t been asked]
- shortly after he arrived in Petersburg
I have your deposition before me. You have said multiple times that you were worried for Mr.
Hyde and that you thought he was depressed?
You prescribed an anti-depressant for him, I believe it was Prozac, correct?
But Frank refused to take it, neglecting your orders, right?
You even called Mrs. Hyde telling her you thought Frank was depressed, is that not so?
And is it also true that Frank had not come to see you for at least 4 years since the last time you
met him?
You must have been distraught to hear about Frank’s valium incident.
Would you, in your professional opinion, agree that it was akin to a form of increased substance
use and also an effective means of self harm?
6. You mentioned that Frank was worried about his ability to take care of himself and his family. Is
that not so?
Your Honour, I’d like to include this chart as a part of the evidence. May I show counsel the
exhibit?
Mr. Lui, this is a print out of a diagram I attained from a suicide prevention website which you
might have noticed I was marking as I questioned you. I have indicated all the factors that match
Frank’s depression that lean towards suicide, based on your testimony today.
Your Honour, may I approach the witness box to show the witness the exhibit?
Your Honour, may I now also show the exhibit to the Jury?
Just a few more questions, Dr. Lui.
What is your area of specialization, Doctor?
Were you, at any point in your affiliation with Mr. Hyde, treating him as a psychiatrist?
Would you be able to explain to the jury about all the symptoms and warning signs of a suicidal
patient?
Lastly, Doctor, if your car ran off the road and you can see that it’s going to crash into a tree;
would you try to stop it?
How would you do that? By applying the brakes?
Were you aware that there were no skid marks made by Mr. Hyde’s car before he crashed?
[this may be objected on grounds of speculation but worth it to plant into the jury’s mind]
7.
8. Witness Preparation
Greg Young
28 yrs old.
Live in Petersburg
Sell insurance for Beneficial Insurance Company
I am the Petersburg agent
Sold Frank Hyde a life insurance policy on Sept 15th 2013, valued $250,000.
Mrs. Georgia Hyde was named beneficiary.
Double indemnity if he died in an accident. Not payable if he committed suicide
I delivered the policy to him at his work
Mr. Hyde signed a doctor patient privilege and a release of all medical records in connection
with the policy.
We contacted Dr. Lui examined his medical records and issued the policy.
Told him he now had more coverage than anyone in town – your family will have nothing to
worry about if anything happened to you
He seemed normal to me
I heard he died in a car crash – on October 2nd 2014.
Mrs. Hyde claimed her rights as beneficiary
We spoke to the police officer who investigated the accident
We spoke to Ralph Savon about the night of the accident
We talked to Philip Morris and discovered he was fired just before the accident
We denied payment – because – we concluded it was a suicide
I knew Mr. Hyde only as a client.
Knew he had a wife and 4 kids.
9. 3/22/2016
Assignment 5: Jury Voir Dire of Paves, assigned 3/8/2016, conducted 3/22/2016
Jury Voir Dire
In today’s class I conducted the jury voir dire for the Paves case twice, on account of the
Plaintiff’s side not being present for the second group. I was lucky to do this particular exercise
twice, since jury voir dire was the most unique lesson for me, seeing as how we do not have a
jury system in Pakistan.
Both exercises were useful in learning which jury members to strike out and which to keep. In
general I seemed to have made the right assumptions based on feedback from my peers in the
jury box as to who would be a good juror for the Plaintiff Paves. Using the chart was extremely
useful to make quick notes on, but I noticed it was very difficult to listen and make notes
simultaneously, especially when the Defendant’s side would be questioning the jurors. Most of
my assessments I seemed to be making while standing before the jurors, and making notes when
I reached my seat.
I received feedback that I do not always have to keep asking whether they had lived in
Fredericksburg since that is a fact that would have been available on the jury information sheet. I
was also advised to let jurors volunteer information rather than directing my questions to
individual jurors. I learnt that more talkative or willing jurors were easier to gather information
from, since the quiet jurors may not have volunteered to answer. It would also be a strategic
move to keep a juror you would know would influence the jurors unwilling to participate.
10. Jury Voir Dire
Case: John Paves v P.D. Johnstone
Counsel for the Plaintiff: Sahar Saqib
Your Honour, permission to move around the courtroom?
Good evening ladies and gentlemen of the jury, my name is Sahar Saqib and I am representing
the Plaintiff, Mr. Paves, in this litigation.
Q. How many of you personally know the Plaintiff, Mr. Paves?
- If yes – How are you acquainted?
Q. How many of you know the Defendant, Mr. Johnstone?
Q. How many of you know or are acquainted with the Judge?
Q. How many of you live in Fredericksburg?
- If yes – How long have you lived here?
Q. How many present today have a high school education?
Q. College? Advanced degree?
If yes – do you have a degree in architecture? A technical/mechanical degree?
Q. Does anyone close to you, like your significant other, have such a degree?
Q. Do you work in the city?
- If yes – what do you do?
Q. How many of you have had any experience with renovation?
If yes – Has that proven to be a positive experience for you/any hurdles?
Q. Would anyone here have any connection to the Criminal Justice System?
Q. Has anyone here ever been sued?
If yes – If you don’t mind my asking, what was the suit about?
Keep in mind – who is a jury member for the Defense and if they should be struck out.
11. Use of exhibits in Paves
Unfortunately, I misunderstood the assignment and prepared questions for the wrong witness. I
found out near the end of the class that I would have to conduct a cross examination I was
unprepared for, but luckily due to having prepared the case well, I was able to conduct a
successful and short cross examination of the Plaintiff Paves. I asked whether qualification and
experience were important factors for the witness. The main questioning in the direct emphasized
how the witness Paves was very experienced, but my client Johnstone had considerably more
experience than he. I was given feedback that it was an effective and interesting approach to
have taken. My only follow up question was why Paves had submitted an incomplete diagram of
the building to the council.
12. Examination in Chief – Defendant Johnstone
Good evening Your Honour.
My name is Sahar Saqib appearing on behalf of the Defendant, Mr. Johnstone.
Good evening Mr. Johnstone. Thank you for being here today. Could you please state your full
name for the court?
What is your profession?
How many years of experience do you have in this field?
How many projects have you undertaken?
What is your education?
Did you start your practice immediately after you graduated?
What is your experience with municipal buildings?
How long have you practiced architecture on Fredericksburg?
When did you first hear about the city hall project?
Did you submit a proposal?
What was your fee for the proposal?
I would like to introduce Exhibit A, which is in the record, pages 35-37
After you submitted your proposal, did you hear from the city?
Did anyone from the city council call you?
What transpired in the meeting?
Did you discuss the fee?
Have you ever had a personal grievance or argument with Mr. Paves?
Did you only hear of him from the newspaper?
Introduce exhibit B pg 11-12
No further questions, your Honour.
13. Final Trial: The Commonwealth of Washington v John Blue
Reflections on the Final Trial: April 5th, 2016
The road till the final trial was long and arduous but very worthwhile and personally rewarding. I
had a very cooperative and willing partner who always encouraged me and some of my ideas.
We were lucky to have witnesses agree to work with us very early on. One witness backed out
one day before the trial but with another stroke of luck, we quickly found a willing substitute.
Working with the witnesses taught me how difficult real trials must be when preparing not only
your theory of the case, but each and every witness’ statement as well as categorizing evidence
and anticipating opposing arguments. We encountered the entire course load of lessons and more
during this trial.
My partner and I decided early on how to divide the workload in a fair manner, and I opted to
conduct two cross examinations to address my weakness in cross examining. I also opted to do
the opening statement to try to address our theory of the case. I also volunteered to have the
Defendant as my witness for direct and redirect.
We were assigned to have our case heard by Judge Corcoran in Courtroom 6, Room 507 of the
Federal Court of Claims. We were the last team to arrive, which the Judge took note of and
occasionally penalized us for.
The Plaintiffs opened their case with statements we expected, and we had guessed and
anticipated their case theory to quite some extent. I gave the opening statement on behalf of the
Defendants, and the Judge had noted in the end that the Defenses’ opening was good.
14. While our opposing counsel were doing the direct examination of both Sargent Purple and Dr.
Brown who I had to cross examine, I made sure to make several objections, primarily hearsay,
relevance and leading. The Judge did not sustain them all but in the end he mentioned that
objections are important even if the current Judge does not agree because it may be an appealable
matter later.
When it came time to do the cross examination of Dr. Brown, it was very odd to have had the
Plaintiffs address the inconsistencies in her report but a strategic move on their part. I could not
really question her on anything substantial as that is what I had planned on pointing out. For both
the Sargent and the Dr. I ended up conducting short cross examinations which showed some
inconsistencies in their statements and testimonies, but nothing that could have impeached them.
Our opposing counsel used the courtroom’s technical equipment quite effectively, which is
something my partner and I had not considered but which I am sure in a jury trial would have
made a big impact. At the end of the trial, Judge Corcoran left us with many points to ponder on.
His evaluation was fair and he managed to give everyone an equal opportunity in entertaining
objections as well as helpful instructions all throughout the trial. He mentioned that he
appreciated both teams’ level of professionalism. He raised some very crucial points as to what
was not accomplished in the trial by either party. The Defendants were unable to prove the real
relevance of inviting Dr. White because they did not establish in direct that the self-defense
defense went hand in hand with CID. The Defendants also did not emphasize that the second
instance of Red’s intrusion was very important to establish self-defence. This was one of the
points that we forgot to raise during the trial which proved nearly fatal to our defense.
15. The Plaintiffs were unable to impeach Mr. Blue, mainly in part by the excellent role played by
the witness themself, who managed to make a report inadmissible without needing the Defense’s
help. The Defense was warned that the Defendant’s character was not the issue at trial, and that
during a jury trial it would have been more pertinent to have played up the Defendant’s
character. The Judge noted that the court determines the applicable law and not the counsel, so
the jury will disregard any law that was dictated by the Plaintiffs during closing arguments.
The Defendants’ testimony did not establish self-defense very clearly. At times we would
characterize what we wanted our witnesses to say, rather than ask them short questions to draw
out what they said or heard. I feel we could have made our case stronger if we had emphasized,
as we had planned to, our theory that the intention to defend himself carried on past the CID
incident, thus making it a more possible defense. Neither of us recollected to raise this crucial
point during the trial, for which we suffered in proving evidentiary matters.
Overall, the trial and the process that went behind it was an enjoyable experience. I have learnt
and grown this semester. I feel more confident knowing that I was able to keep up with my
American colleagues and learn from their example as well as through my own mistakes and
experiments. I am yet unsure as to whether trial advocacy is the litigation branch that is for me,
but I now at least have the requisite basic skills to transition into it should I decide to.
16. Final Trial: The Commonwealth of Washington v John Blue, conducted 4/5/2016
Preparation as Counsel for the Defendant Mr. John Blue
Cross examination of Plaintiff’s witness, Sgt. Frank Purple: Sahar Saqib
Cross examination of Plaintiff’s witness, Coroner Ellen Brown: Sahar Saqib
Cross examination of Plaintiff’s witness, Miss Fran Yellow: Mary Youssef
Opening: Sahar Saqib
Examination in chief of Missy Blue: Mary Youssef
Examination in chief of Dr. White: Mary Youssef
Examination in chief of John Blue: Sahar Saqib
Direct Examination of Mr. John Blue – conducted 2/2/2016
Closing: Mary Youssef
17. Opening Statement – Sahar Saqib
This is a case about self-defense. We are gathered here today because a man has
been put on trial for a crime he did not commit. As the facts of this casewill
unravel, it will be made clear, with expert witness testimony as well, that the man
known as Mr. John Blue did not do the heinous crime alleged today.
It is the jury’s duty to determine that, without a reasonable doubt, the mental and
physical elements of the crime, or the actus reus and mens rea, had been met and
satisfied the charge of second degree murder, and whether there was any motive
for the Defendant to harm Mr. Red in any way. It will also be up to the jury to
determine whether there even existed a premeditated intent that is required under
the second degree murder charge.
We ask the jury to consider the particulars of this case. Whether it is reasonable for
a man to arm and protect himself when an aggressive intruder threatens him and
his family. Whether it is reasonable for an elderly citizen to reach for a gun
because he anticipates a violent attack and he knows he cannot reason with his
assailant. Whether on October5th 2015 my client was justified in the actions he
took to secure his safety and the safety of his wife, especially since he had no other
choice but to act in the way and manner that he did.
As the facts of the casewill unravel, the jury will have to deliberate whether the
facts could suggest with reasonable certainty that Mr. Blue could be capable of
what he is accused of having done.
The Defense would call three witnesses: Mrs Missy Blue, Dr. Grey White and Mr.
John Blue. We ask the jury to find the defendant not guilty in light of the
mitigating factors that evidence and testimony will show to prove him innocent.
18. Direct Examination of Defendant, Mr. John Blue
If I may proceed, Your Honour.
May it please the Court, my name is Sahar Saqib appearing on behalf of the
Defendant, Mr. John Blue.
Thank you for being here, Mr. Blue.
Q. Could you please state your full name for the sake of the court?
Q. Where do you live, Mr. Blue?
- [1732 South WoosterStreet]
Q. How long have you lived in that neighborhood?
Q. Do you live alone, Mr. Blue?
Q. Are you currently employed?
- [Executive Vice President of University Defense, not on task force - back injury]
Q. Do you know why you have been called here in court today?
Mr. Blue, I’m going to ask you to recall some of the key events from last year.
Q. Where were you on Sunday, October5th, 2015?
Q. What were you doing that day?
Q. What kind of a day was it?
Q. How would you describe your relationship with the Red family?
Q. Is it not true that you would also employ the Red children on occasion?
19. Q. Mr. Blue, please state in your own words what had happened when you heard
someone pounding on your door later that day.
Q. How much bigger was Red from you, if you don’tmind my asking?
Q. Mr. Blue, what kind of a gun did you have?
[SIG Sauer P230 .380.]
[introduce evidence, picture of gun]
Q. If I’m not mistaken, that’s a semi-automatic pistol, correct?
Q. How is it like pulling the trigger on a semi-automatic?
Q. How many instances prior have you had to use your gun, Mr. Blue?
Thank you, Mr. Blue.
Mr. Blue, I’m going to ask you to read a few sentences from the 911 call that
Missy placed.
Your Honours, permission to introduce exhibit B from the Defense to opposing
counsel.
Your Honours, permission to move around the court.
Mr. Blue, please read your statements on the transcript in the order that you said
them.
Thank you, Mr. Blue. No further questions, your Honour.
20. Anticipated cross examination points
Information about your gun:
Mini 8mm SIG Sauer P230 .380 ACP caliber single action semi-automatic pistol
It is easier to pull the trigger as it has less resistance than a double-action gun.
It is a holster gun that can be concealed easily.
According to Sgt Purple’s report, you loaded bullets into your gun.
No- there were bullets in the gun already. I did not load them inside. I would not even had time to figure
out which gun still had bullets in it. I took the one that I found and that was the one I used to intimidate.
What were the other guns you had?
1. 1965 Mossberg .410 bore gauge shot gun
2. .308 Ruger American Revolution bolt action with a Redfield American 3-9x rifle scope = sniper
riffle
3. 1875 .44 caliber Colt revolver, and three others, including the pistol you held.
Why do you have so many guns?
I’m a collector. Some of them are not functional.
What do you mean by ‘he made me do it’
Had he not aggravated me I would not have had to protect myself by reaching for my gun, just to scare
him away. He escalated it to a point where I had to point my gun at him.
Mrs. Red states that she heard you say ‘you should be a better father’.
That’s not true. I did not say anything to him as he left. I waited for him to leave. Why would I incite him
into coming back and attacking me. If I wanted to kill him I would have gone for my gun the first time.
There were 4 incident reports that you made against the Red family children
- July 3rd
2015: skateboarding on public street
- July 5th
2015: bike riding through flower bed [trespass]
- Sept. 6th
2015: bike riding on a lawn [trespass]
- Oct. 4th
2015: tossing firecrackers onto porches
21. Ellen Brown cross examination points
Ms. Brown, did you write this report?
Did anyone help you in writing this report or was this your own original work?
Would you please read this sentence aloud for the court? Pg 6 [pg 1 of autopsy report]
Could you now read how far you’ve said the bullet wound was in your drawing?
Would you oblige us by reading this sentence
‘The undersigned can not further refine the distance without the sweatshirt’
Without the sweatshirt you allege that the distance itself could not be properly calculated.
You have stated that no pictures were taken. Why would you consider this important to note in
your autopsy report?
You state that an orderly had made the drawing for you. Did you not check to see the accuracy?
Why have you signed one drawing and not the other? Did you not overlook both?
Even if you had 4 autopsies that day that does not excuse hurried work
Sargent Purple cross examination points
Why was the sweatshirt not recovered during the investigation?
Why were no photos taken at the scene of the crime?
Sgt, this is the preliminary examination that had taken place on January 29th in which you
testified.
Please read your statement on page 14 [3] “He rested his head…”
Please explain what semi-automatic and single action entail
[reaffirm that it was easy to have shot the gun and not realized that you had]