Your Role- Legal clerk for the firm of Carter- Carter- and Drake Audie.pdf
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Your Role: Legal clerk for the firm of Carter, Carter, and Drake Audience: The firm partner, Sean C. Carter, and business owner Sean Combs. Scenario: Mr. Combs, who has been known to have lavish parties, wants to know under what circumstances he can refuse entry of police to his property. Your supervisor Mr. Carter asks you to summarize the Rogers v. Pendleton case completely and also answer Mr. Combs' question in a memo. Summarize the selected case using the following guidelines. This is to be in your words, not a cut-and-paste job. ROGERS V. PENDLETON Jonathan ROGERS, Plaintiff-Appellee, v. M.L. PENDLETON, Officer; M.G. Vinyard, Officer, Defendants-Appellants. Argued Feb. 26, 2001. . May 04, 2001 249 F.3d 279 (4th Cir. 2001) Components of the Case Brief 1. Write the Name of the Case, and the Citation Number. II. What happened in the case? III. Trial Court How did the case come to the trial court? Who sued whom? What was the cause of action? Were there any motions filed in the trial court? What were they? Did the trial court rule on the motions or the merits of the case itself? What did the trial court decide? Was the trial court decision appealed to a higher court? IV. Intermediate Appellate Court What statute was the intermediate court considering in the case? What did the intermediate court decide? Name the primary precedent the intermediate court used to make its decision? What was the reasoning for the court's decision? V. Was it a good decision? VI. Answer Mr. Combs' question?.
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For each scenario listed below, answer these questions. Reminder to .docx
For each scenario listed below, answer these questions. Reminder to include two references outside the course material.
1. Distinguish between
subject matter and personal jurisdiction
of each case. Use the following videos to help you understand the difference.
2. Write and
discuss the standard the court will use
to determine whether jurisdiction exists. Give me your
facts
based on the chapters and videos covered. Information can be found in Chapter 3.
Do NOT key in the scenario as part of your answer!
Situation 1:
Jeff, a Missouri resident, sues Ted, a Virginia resident for $90,000 in Virginia’s Federal District court for negligence (a state law civil suit). Ted argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right?
Situation 2:
Bill, a Colorado resident, sues Jennifer, also a Colorado resident, for copyright infringement, a cause of action arising under federal law, in a Federal District Court in Colorado. Jennifer argues that there is no subject matter jurisdiction. Is he right?
Situation 3:
Bette, a Denver, Colorado resident, sues the Lemon Corporation, a Tennessee corporation, under a breach of contract (a state law cause of action) in Colorado State Court for $350,000. The Lemon Corporation does most of its business in Tennessee. It is incorporated in Tennessee, and its Corporate Headquarters are located in Nashville, TN. However, the Lemon Corporation does have a branch office in Denver, Colorado where it employs a single salesman. Additionally, the corporation advertises in Denver. The corporation argues that Colorado lacks personal jurisdiction over the corporation. Is the corporation right? Assume for this question, that Colorado may exercise personal jurisdiction to the extent permitted by the Constitution of the United States. Be sure to
list the standard the court will apply.
Situation 4:
Same facts as above. Assume the court finds there is personal jurisdiction. Can the Lemon Corporation have the case removed to federal court?
.
B189989 gaggero/sulphur mountain v geraldine, somerset farms, john, maureen r...
Ventura Superior Court Case No. CIV214702
HowtoBriefaCase A case brief is a written summary.docx
How to Brief a Case
A case brief is a written summary of a decided case. Each professor and lawyer has
their own format for briefing a case. A case brief will focus on the main issue(s) of the
case and is a valuable tool when conducting legal research. Not only does the act of
briefing a case help you to isolate the issue, it can clarify the facts that were instrumental
in coming to the conclusion that the Judges or Justices did. When asked to prepare a
brief for someone, it is a good idea to ask for a sample first to make sure you comply with
their format requirements. It is also vital for you to obtain a copy of the actual case. What
is in your textbook is usually a very abbreviated version of the case, which may or may
not even contain all of the issues decided in that case.
For the purposes of this class, you will use the following format:
Citation: The citation is the name, reporter and date the case was decided. It is also a
good idea to list the actual court if it is not apparent from the citation. For example:
Marbury v. Madison 5 US 137 (1803).
Facts: The facts section will only include the facts important to the actual holding in the
case. While you need to provide enough information so that the reader will know who is
doing what, you should exclude any matters which did not have an effect on the outcome
of the case. You do not want to copy of the facts straight from the case, it will be very
obvious and prevent your case brief from being “brief.”
You should make sure you know what the issue and reasoning is before you set down the
facts. You should indicate which party was the plaintiff and which was the defendant at
trial and refer to them by name throughout the brief. This is because at the appellate
level the winner will be called the appellee and the loser, the appellant. It gets confusing
if you continue to call them plaintiff and defendant or appellant and appellee.
Procedural History: The procedural history will indicate what happened in the trial level
(and appellate level if it made it to the Supreme Court). You should also indicate which
trial court the case came from. You would need to indicate what the causes of actions
were and how the court ruled on them. You will then indicate who brought the appeal
and why.
Issue: Unless the decision is very clear, this may be the most difficult part of the brief.
You need to indicate in question form, what the appellate court is being asked to decide.
If there is more than one question to be answered, you need to list them all.
Holding: This is the answer to the question(s). You will tell the conclusion of the appellate
court and what they have ordered: affirmed, reversed, or remanded.
Reasoning: This is the most important part of your brief. It is in this section that you
explain why the appellate court decided the way it did and include citations to any cases
they relied on in their decis ...
Motschenbacher v. R. J. Reynolds Tobacco Co., 498 F.2d 821 (19.docx
Motschenbacher v. R. J. Reynolds Tobacco Co., 498 F.2d 821 (1974)
© 2017 Thomson Reuters. No claim to original U.S. Government Works. 1
KeyCite Yellow Flag - Negative Treatment
Distinguished by Robinson v. HSBC Bank USA, N.D.Cal., August 9,
2010
498 F.2d 821
United States Court of Appeals, Ninth Circuit.
Lothar MOTSCHENBACHER, Plaintiff-Appellant,
v.
R. J. REYNOLDS TOBACCO COMPANY,
a corporation, and William Esty
Company, Defendants-Appellees.
No. 72-1419.
|
June 6, 1974.
Professional driver of racing cars brought action against
cigarette manufacturer for injunctive relief and damages
for the alleged misappropriation of driver's name, likeness,
personality, and endorsement in nationally televised
advertising for cigarettes. The United States District
Court for the Central District of California, Manuel L.
Real, J., granted summary judgment in favor of defendant
and plaintiff appealed. The Court of Appeals, Koelsch,
Circuit Judge, held that California courts would afford
legal protection to an individual's proprietary interest in
his own identity; and that fact that the ‘likeness' of driver
was unrecognizable in the commercial and that cigarette
manufacturer had changed number of racing car from ‘11’
to ‘71‘ and had added a ‘spoiler’ to the car did not preclude
finding that driver was identifiable as plaintiff in view of
the distinctive decorations appearing on the car.
Judgment vacated and cause remanded.
West Headnotes (7)
[1] Federal Courts
Diversity jurisdiction in general
In a diversity case, federal court must follow
the substantive law of the state in which it sits.
5 Cases that cite this headnote
[2] Federal Courts
Conflict of Laws; Choice of Law
In a diversity case, federal court must follow
the conflict of laws rules of the state in which
it sits.
1 Cases that cite this headnote
[3] Torts
Privacy in General
Under California law, the invasion of an
individual's right of privacy is an actionable
tort.
5 Cases that cite this headnote
[4] Torts
Nature and extent of right
The name, likeness or other attribute of
identity can have commercial value.
22 Cases that cite this headnote
[5] Federal Courts
Inferior courts
While decisions of California trial courts
bind neither federal court of appeals nor the
appellate courts of California, federal court
will not deny their existence.
Cases that cite this headnote
[6] Torts
Use of Name, Voice or Likeness; Right
to Publicity
Under California law, legal protection is
afforded to an individual's proprietary interest
in his own identity.
29 Cases that cite this headnote
[7] Torts
Weight and sufficiency
Finding that well known professional race
car driver whose car was used by cigarette
manufacturer in television commercial was
not identifiable as plaintiff was erroneous,
even though the “likeness” of plaintiff was
https://1.next.westlaw.com/Link/RelatedInformation/Flag?documentGuid=Icea2439d905911d993e6d35cc61aab4a&transitionType=Document&originationContext=doc ...
Dovenberg v. Carter Order
US District Court confirms that Ninth Circuit trumps state court on personal jurisdiction under long-arm statute.
Recommended
For each scenario listed below, answer these questions. Reminder to .docx
For each scenario listed below, answer these questions. Reminder to include two references outside the course material.
1. Distinguish between
subject matter and personal jurisdiction
of each case. Use the following videos to help you understand the difference.
2. Write and
discuss the standard the court will use
to determine whether jurisdiction exists. Give me your
facts
based on the chapters and videos covered. Information can be found in Chapter 3.
Do NOT key in the scenario as part of your answer!
Situation 1:
Jeff, a Missouri resident, sues Ted, a Virginia resident for $90,000 in Virginia’s Federal District court for negligence (a state law civil suit). Ted argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right?
Situation 2:
Bill, a Colorado resident, sues Jennifer, also a Colorado resident, for copyright infringement, a cause of action arising under federal law, in a Federal District Court in Colorado. Jennifer argues that there is no subject matter jurisdiction. Is he right?
Situation 3:
Bette, a Denver, Colorado resident, sues the Lemon Corporation, a Tennessee corporation, under a breach of contract (a state law cause of action) in Colorado State Court for $350,000. The Lemon Corporation does most of its business in Tennessee. It is incorporated in Tennessee, and its Corporate Headquarters are located in Nashville, TN. However, the Lemon Corporation does have a branch office in Denver, Colorado where it employs a single salesman. Additionally, the corporation advertises in Denver. The corporation argues that Colorado lacks personal jurisdiction over the corporation. Is the corporation right? Assume for this question, that Colorado may exercise personal jurisdiction to the extent permitted by the Constitution of the United States. Be sure to
list the standard the court will apply.
Situation 4:
Same facts as above. Assume the court finds there is personal jurisdiction. Can the Lemon Corporation have the case removed to federal court?
.
B189989 gaggero/sulphur mountain v geraldine, somerset farms, john, maureen r...
Ventura Superior Court Case No. CIV214702
HowtoBriefaCase A case brief is a written summary.docx
How to Brief a Case
A case brief is a written summary of a decided case. Each professor and lawyer has
their own format for briefing a case. A case brief will focus on the main issue(s) of the
case and is a valuable tool when conducting legal research. Not only does the act of
briefing a case help you to isolate the issue, it can clarify the facts that were instrumental
in coming to the conclusion that the Judges or Justices did. When asked to prepare a
brief for someone, it is a good idea to ask for a sample first to make sure you comply with
their format requirements. It is also vital for you to obtain a copy of the actual case. What
is in your textbook is usually a very abbreviated version of the case, which may or may
not even contain all of the issues decided in that case.
For the purposes of this class, you will use the following format:
Citation: The citation is the name, reporter and date the case was decided. It is also a
good idea to list the actual court if it is not apparent from the citation. For example:
Marbury v. Madison 5 US 137 (1803).
Facts: The facts section will only include the facts important to the actual holding in the
case. While you need to provide enough information so that the reader will know who is
doing what, you should exclude any matters which did not have an effect on the outcome
of the case. You do not want to copy of the facts straight from the case, it will be very
obvious and prevent your case brief from being “brief.”
You should make sure you know what the issue and reasoning is before you set down the
facts. You should indicate which party was the plaintiff and which was the defendant at
trial and refer to them by name throughout the brief. This is because at the appellate
level the winner will be called the appellee and the loser, the appellant. It gets confusing
if you continue to call them plaintiff and defendant or appellant and appellee.
Procedural History: The procedural history will indicate what happened in the trial level
(and appellate level if it made it to the Supreme Court). You should also indicate which
trial court the case came from. You would need to indicate what the causes of actions
were and how the court ruled on them. You will then indicate who brought the appeal
and why.
Issue: Unless the decision is very clear, this may be the most difficult part of the brief.
You need to indicate in question form, what the appellate court is being asked to decide.
If there is more than one question to be answered, you need to list them all.
Holding: This is the answer to the question(s). You will tell the conclusion of the appellate
court and what they have ordered: affirmed, reversed, or remanded.
Reasoning: This is the most important part of your brief. It is in this section that you
explain why the appellate court decided the way it did and include citations to any cases
they relied on in their decis ...
Motschenbacher v. R. J. Reynolds Tobacco Co., 498 F.2d 821 (19.docx
Motschenbacher v. R. J. Reynolds Tobacco Co., 498 F.2d 821 (1974)
© 2017 Thomson Reuters. No claim to original U.S. Government Works. 1
KeyCite Yellow Flag - Negative Treatment
Distinguished by Robinson v. HSBC Bank USA, N.D.Cal., August 9,
2010
498 F.2d 821
United States Court of Appeals, Ninth Circuit.
Lothar MOTSCHENBACHER, Plaintiff-Appellant,
v.
R. J. REYNOLDS TOBACCO COMPANY,
a corporation, and William Esty
Company, Defendants-Appellees.
No. 72-1419.
|
June 6, 1974.
Professional driver of racing cars brought action against
cigarette manufacturer for injunctive relief and damages
for the alleged misappropriation of driver's name, likeness,
personality, and endorsement in nationally televised
advertising for cigarettes. The United States District
Court for the Central District of California, Manuel L.
Real, J., granted summary judgment in favor of defendant
and plaintiff appealed. The Court of Appeals, Koelsch,
Circuit Judge, held that California courts would afford
legal protection to an individual's proprietary interest in
his own identity; and that fact that the ‘likeness' of driver
was unrecognizable in the commercial and that cigarette
manufacturer had changed number of racing car from ‘11’
to ‘71‘ and had added a ‘spoiler’ to the car did not preclude
finding that driver was identifiable as plaintiff in view of
the distinctive decorations appearing on the car.
Judgment vacated and cause remanded.
West Headnotes (7)
[1] Federal Courts
Diversity jurisdiction in general
In a diversity case, federal court must follow
the substantive law of the state in which it sits.
5 Cases that cite this headnote
[2] Federal Courts
Conflict of Laws; Choice of Law
In a diversity case, federal court must follow
the conflict of laws rules of the state in which
it sits.
1 Cases that cite this headnote
[3] Torts
Privacy in General
Under California law, the invasion of an
individual's right of privacy is an actionable
tort.
5 Cases that cite this headnote
[4] Torts
Nature and extent of right
The name, likeness or other attribute of
identity can have commercial value.
22 Cases that cite this headnote
[5] Federal Courts
Inferior courts
While decisions of California trial courts
bind neither federal court of appeals nor the
appellate courts of California, federal court
will not deny their existence.
Cases that cite this headnote
[6] Torts
Use of Name, Voice or Likeness; Right
to Publicity
Under California law, legal protection is
afforded to an individual's proprietary interest
in his own identity.
29 Cases that cite this headnote
[7] Torts
Weight and sufficiency
Finding that well known professional race
car driver whose car was used by cigarette
manufacturer in television commercial was
not identifiable as plaintiff was erroneous,
even though the “likeness” of plaintiff was
https://1.next.westlaw.com/Link/RelatedInformation/Flag?documentGuid=Icea2439d905911d993e6d35cc61aab4a&transitionType=Document&originationContext=doc ...
Dovenberg v. Carter Order
US District Court confirms that Ninth Circuit trumps state court on personal jurisdiction under long-arm statute.
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There is something wrong with my program.. (once I do a for view all this is the outcome in the
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import java.util.Scanner;
public class AddressBook {
public static void main(String[] args) {
Tablea addressBook = new Tablea();
Scanner scanner = new Scanner(System.in);
String name, address;
String action = null;
boolean moreEntries = true;
while (moreEntries) {
System.out.println("/nMenu");
System.out.println("n.Add Entry");
System.out.println("d. Delete Entry");
System.out.println("u. Update Entry");
System.out.println("l. Search");
System.out.println("a. View All");
System.out.println("q. Exit");
action = scanner.nextLine();
// Insert a new entry into the address book
switch (action) {
case "n":
System.out.print("Enter a name: ");
name = scanner.nextLine();
System.out.print("Enter an address: ");
address = scanner.nextLine();
addressBook.insert(name, address);
System.out.println("New Contact has been added,");
break;
// Delete an entry from the address book
case "d":
System.out.println("Enter a name to delete: ");
name = scanner.nextLine();
boolean deleted = addressBook.delete(name);
if (deleted) {
System.out.println("Address deleted");
} else {
System.out.println("Name not found");
}
break;
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System.out.print("Enter a name to update: ");
name = scanner.nextLine();
System.out.print("Enter a new address: ");
address = scanner.nextLine();
boolean updated = addressBook.update(name, address);
if (updated) {
System.out.println("Address updated");
} else {
System.out.println("Name not found");
}
break;
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case "l":
System.out.print("Enter a name to look up: ");
name = scanner.nextLine();
String result = addressBook.lookUp(name);
if (result != null) {
System.out.println("Address: " + result);
} else {
System.out.println("Name not found");
}
break;
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case "a":
System.out.println("All entries:");
addressBook.displayAll();
break;
// Quit the program
case"q":
System.out.println("Quitting...");
}
}
}
}
public class Node {
private String name;
private String address;
private Node next;
public Node(String name, String address) {
// add here ..
this.name = name;
this.address = address;
}
public String getName() {
// add here ..
return this.name;
}
public void setName(String name) {
// add here ..
this.name = name;
}
public String getAddress() {
// add here ..
return this.address;
}
public void setAddress(String address) {
// add here ..
this.address = address;
}
public Node getNext() {
// add here ..
return this.next;
}
public String toString() {
return "Name: "+ name +", Address:" +address;
}
public void setNext(Node node) {
// add here ..
this.next = next;
}
public void setAddress (Object newValue) {
this.address = address;
}
public void setName(Object newValue) {
this.name = name;
}
}
import java.util.Scanner;
public class Tablea {
private Node mark;
public Node get.
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import java.util.Scanner;
public class AddressBook {
public static void main(String[] args) {
Tablea addressBook = new Tablea();
Scanner scanner = new Scanner(System.in);
String name, address;
String action = null;
boolean moreEntries = true;
while (moreEntries) {
System.out.println("/nMenu");
System.out.println("n.Add Entry");
System.out.println("d. Delete Entry");
System.out.println("u. Update Entry");
System.out.println("l. Search");
System.out.println("a. View All");
System.out.println("q. Exit");
action = scanner.nextLine();
// Insert a new entry into the address book
switch (action) {
case "n":
System.out.print("Enter a name: ");
name = scanner.nextLine();
System.out.print("Enter an address: ");
address = scanner.nextLine();
addressBook.insert(name, address);
System.out.println("New Contact has been added,");
break;
// Delete an entry from the address book
case "d":
System.out.println("Enter a name to delete: ");
name = scanner.nextLine();
boolean deleted = addressBook.delete(name);
if (deleted) {
System.out.println("Address deleted");
} else {
System.out.println("Name not found");
}
break;
// Update an entry in the address book
case "u":
System.out.print("Enter a name to update: ");
name = scanner.nextLine();
System.out.print("Enter a new address: ");
address = scanner.nextLine();
boolean updated = addressBook.update(name, address);
if (updated) {
System.out.println("Address updated");
} else {
System.out.println("Name not found");
}
break;
// Lookup an entry in the address book
case "l":
System.out.print("Enter a name to look up: ");
name = scanner.nextLine();
String result = addressBook.lookUp(name);
if (result != null) {
System.out.println("Address: " + result);
} else {
System.out.println("Name not found");
}
break;
// Display all entries in the address book
case "a":
System.out.println("All entries:");
addressBook.displayAll();
break;
// Quit the program
case"q":
System.out.println("Quitting...");
}
}
}
}
public class Node {
private String name;
private String address;
private Node next;
public Node(String name, String address) {
// add here ..
this.name = name;
this.address = address;
}
public String getName() {
// add here ..
return this.name;
}
public void setName(String name) {
// add here ..
this.name = name;
}
public String getAddress() {
// add here ..
return this.address;
}
public void setAddress(String address) {
// add here ..
this.address = address;
}
public Node getNext() {
// add here ..
return this.next;
}
public String toString() {
return "Name: "+ name +", Address:" +address;
}
public void setNext(Node node) {
// add here ..
this.next = next;
}
public void setAddress (Object newValue) {
this.address = address;
}
public void setName(Object newValue) {
this.name = name;
}
}
import java.util.Scanner;
public class Tablea {
private Node mark;
public Node get.
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What do you think might be a few potential issues arising in a diverse workplace or learning
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On January 2, 2024, Tobias Company began using straight-line depreciation for a certain class of
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Group of answer choices:
To allow tropomyosin to unwind off of actin
To allow calcium out of the SR
To open voltage gated sodium channels
To allow for the myosin heads to cycle.
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