Attorney Case Studies Samples For Students

Business Law Case Study - Case No. 110,936

Issues
Was the appellant entitled to the payment of ``attorney fees and costs” by the appellee after accepting his offer ``judgment”?
Rule
American rule offers the guidelines in regard to compensations of ``attorney fees and costs” arising out a case .The rule states that a plaintiff should be compensation for the costs and ```attorney fees” incurred irrespective of accepting an offer`` judgment” from the defendant.

Application

Finnel v Seismic was applied by the appellate court to determine the issue presented by this case. American rule is the basis of reasoning in Oklahoma when dealing with matters dealing with ...

- I disagree with the conclusion. If the lawyer is silent on certain matters of audit conclusion, the auditor should not assume the matter as complete. Instead the auditor should conduct an inquiry and get more details regarding the matter. Maintaining silence on an issue does not mean that the response is complete.
- In the given case, the conclusion is correct. If the lawyer does not provide the probable outcome of the given case, the auditor can specify it in the notes to financial statements and assume that the scope is restricted. Even after the request of ...

The First Amendments legal concepts indicated in these case facts are defamation. It occurs when one makes a statement of purported fact that paints a person’s behavior or action as negative, and it tends adversely to damage the reputation of the person and that is communicated through publication to someone who is not the injured party. In this case, the defamation is in the form of libel.
The source of law that provides the legal test that should be applied in resolving this conflict is constitutional law. The U.S Constitution provides for the protection of rights of the citizens. ...

a)

Lt. Gov. Michael mars completed the statewide tour today.

Mars is coordinating the state drought assistance

He called it an eye opening experience.
The southern half has been hit hardest by the drought.
The 15768 Sturbridge residents are within 30 days of water shortage.
Mars described the situation as worse than people realize
The state could receive federal support.
This is after it submitted an application last week
The federal decision will be made tomorrow.
This could end the drought, which had lasted for two months
b)

Montana’s prison guards have been on strike since four days ago.

1600 national guards have been called to duty in the prisons.

National guards started today after 5000 guards went on strike.

Elsewhere, ...

Facts

The case concerns the contractor and Patrick who is the owner over an alleged contract breach on the renovation of a house belonging to the owner. Under the contract, there was a clause stating that the contractor would have to pay a fixed and liquidated damages without proof of loss, a sum equal to 35% of the full contract price and also pay the cost incurred on the attorney and the court cost. The plaintiff sued the contractor for the return of his deposit ($5000) while the defendant counterclaimed for $36,102 and attorney fees. The trial court concluded that the owner had ...

Before a claim is filed in court, there are considerations a party has to bear in mind. These are regarded as pre-action considerations. They assist in determining factors such as the type and validity of the claim, the right parties, and the costs vis-à-vis the award. Essentially, they assist a party in determining whether litigation is the best option and if so, how it will be conducted.
Candy Tang wants to sue Sid Ho for injuries sustained because of an accident that occurred due to Sid’s negligence. The injuries have prevented her from carrying on her work as a professional ...

Ashcroft v. Kidd, 131 S. Ct. 2074 (2011)
Ashcroft v. Kidd, 131 S. Ct. 2074 (2011)

The appellant was John D. Ashcroft who served as the United States of America Attorney General between 2001 and 2005. In response to the appeal were, Abdullah al-Kidd, first Respondent, and The American Civil Liberties Union, second Respondent.

Facts

Abdullah al-Kidd was an America citizen, then a student at the University of Idaho where he even played football for the University. He converted into Islam during the course of his studies. In 2003, Abdullah opted to study Islamic law and religion in Saudi Arabia ...

- Description of the case
- Appellant:
- Appellee:
- Plaintiff below:
- Defendant below:
- Appellant attorney firm:
- Appellant attorney who argued the case
In the above mentioned case, there was an appeal against the court’s actions. This was during the course of a trial, where the actions might have been questionable. It argues that the court abused its power of discretion because; it, Deutsche Bank, had the intention of severing the sanction as a result of circumstances surrounding the case. It is a case that originally emanates from a foreclosure action on ...

A. Purpose of the project

The purpose of the project is to achieve more effective paper workflow and information management in the city attorney’s office of Torrance, in order to reduce costs, avoid customer complaints and to achieve the 90% rate of the trials, which are brought to the court within a year, as required by the Los Angeles County.

B. Criteria for success.

Decrease or eliminations of outsourcing, thus reducing the cost.
Reduction of the average time it takes to retrieve the documents.
Decrease in the number of documents redone.
Reduction in the number of lawsuits filed against the attorney office.
Decrease of ...

Abstract

Intoxication is being in a state of alcoholic or narcotic intoxication. The government is increasingly sensitive to the cases of operating a vehicle while intoxicated, explaining that the drunk driver is endangering both for their life, health and property, and other road users. However, as practice shows, the number of the detained drunk drivers increases dramatically around the holidays.
If the circumstances of the crime are clear, and in a short time collected all the necessary evidence, the Prosecutor may apply to the court to hear the case under expedited proceedings. Basically, criminal cases associated with DUI are dealt ...

Miranda v. Arizona

Introduction
In this case pitting Miranda and Arizona in 1966, the US Supreme Court had ruled that a criminal suspect who was under detainment had the right to be informed of the available Constitutional rights (Inbau, and Fred 1450. This was to be carried out preceding any form of questioning and the defendant was to be informed of the right to engage an attorney and against any form of self-accusation. This legal redress commenced in the early 1963 when Ernesto Miranda, a US Citizen from Phoenix was arrested and charged with several counts of offences ranging from cases of rape ...

RE: EXPRESS OF NO MERIT ON THE CASE FILED BY SOFIA LUI’S FAMILY

Question Presented
The question I raise is that, was Uber system responsible for the death of Sofia Lui, and was the case filed by Sofia’s family has any merit?

Short answer

According to the arguments raised by the plaintiffs, Sofia Lui family represented by Attorney Christopher Dolan; there is no evidence linking Uber System to the death of Sofia Lui. The driver in contention was a contractor who had been given a job by Uber System but at the moment of the accident, the driver in mention did not have any account with the company. Mr. Muzaffar, the driver, was not ...

Miranda v. Arizona, Terry v. Ohio

Facts of the case
Ernest Miranda kidnapped and raped an 18-year old woman on her way back home from work after parting company with her coworker on alighting from a bus they had both travelled in. The victim could not identify the perpetrator even though police brought in several suspects. At one stage t police suspected her complaint itself. They made undergo lie-detector test but the test neither could confirm nor deny her innocence. However, after a week of the incident, the victim on her own found the victim and gave leads about him ...

The Parole Board

Ethical Situation
The pressure on releasing inmates into community sentences is evident. The Governor’s fears are not implausible. However, releasing recidivism-prone inmates will increase the burden on the society and reduce their safety dramatically. Despite spending almost a trillion dollars on correctional facilities, the prisons are overflowing. A vast majority of these inmates are serving sentences for drug related charges. They will definitely get back to their former livelihoods the moment they step out of prison.
However, retaining them in prison under inhumane conditions is a violation of human rights. Since the US has the largest prison population ...

The global society embarks a large portion of its economy on the level of productivity initiated by industries, factories and manufacturing companies that employ several engineers to run the power plants. Information denotes that these are entities, which employs a large global population to enhance their ability to manufacture the final products. Critically, the entities require trained personnel to handle the material and machines in a professional and ethical approach securing the globe from side effects manipulated by the role of productivity (Davis et al, 40). Critically, sources assert that coal is an important product, which is, used to accelerate several activities ...

Question one – Case study

This case was heard by the Supreme Court at Brisbane in the state of Queensland. The judgment was delivered at Brisbane by Judge Fryberg on the 24th January, 2011.
The judge in the case was Fryberg J. The case was heard on the 2nd and 3rd December, 2010.
The Plaintiff in the case is Ms Mee Wah To, a landlord who owns a parcel of land located at 33 Lisson Grove, Wooloowin. The Defendant on the other hand is Miss Eugene Choi, a tenant of part of the land owned by Miss Mee Wah To.
The counsel for the ...

Policy and procedure directives are meant to ensure that all actions taken in every institution of the criminal justice system abides not only to the federal constitution, but also to ethics and human rights. Therefore, when policies and procedures are being drafted, their main foundation is the constitution. However, as history has shown, things are not always direct in the criminal justice system. An action taken in criminal justice system such a jail and that seemingly abides by the constitution may later be interpreted as an infringement on the constitutional right of the defendant. Such is the case of Carter ...

The Background and the legal process

Brazos manufacturing company is an internationally acclaimed company that deals in spare parts of reputable automobiles. The company has a large organizational structure that deals involve several employees. It has many Vice presidents, an Executive vice president and a president. The executive vice president is in charge of the operations of the company. The vice presidents of the companies were requested to cut their costs. The Executive vice president continued with his flashy lifestyle. He attended the most expensive Italian restaurant in Los Angeles.
The company controller, Jack noticed the executive vice president fraudulently used the company’s resources. The ...

Introduction

In the history of the United States of America, there have been many cases when the Constitution of the country has been violated. One of the most significant cases, regarding the issue of violating the Constitution of the United States of America, is the case Schenck vs. United States. The case was heard on the third March, 1919. This essay is devoted to the analysis of the case. The essay will be divided into several parts. The first part will be devoted to the issue of the case. In this part, I will outline the main peculiarities of the ...

Brief of Mapp v. Ohio (1961)

Decided
Decided June 19, 1961
Character of Action
The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals ...

Summary

The 1872 case, In Re Slaughter-House Cases, 83 U.S. 36 (1872) [83 U.S. 36 (Wall.)], the U.S. Supreme Court in response to appeal of Supreme Court of Louisiana decision on three cases reviewed under “An act to protect the health of the City of New Orleans, to locate the stock landings and slaughter-houses, and to incorporate 'The Crescent City Live-Stock Landing and Slaughter- House Company" enacted 8 March 1869, and enforced 1 June the same year offers precedent to municipal ordinances for the control of keeping or slaughter “any cattle, beeves, calves, sheep, swine, or other animals, or to ...

Miranda V. Arizona and Terry V. Ohio
The case of Miranda versus Arizona is a landmark case in the US Supreme Court decision that upholds the constitutional rights of an accused in a criminal case the guarantee of protection against self incrimination under the Fifth Amendment and the right to a counsel during the custodial investigation under the Sixth Amendment. It is where the Miranda Rights originated which is a procedure in every custodial investigation of reading the different rights of an accused before being interrogated by the authorities. The case reinforces the essential requirement of these procedural due process of providing ...

Based on the first case, Mrs. Lewis acted correctly by contacting a lawyer. When inappropriate activity occurs in the workplace, and management does not act upon it, then someone has to act. Mrs. Lewis is a whistleblower, which is defined as “an attempt by a member or former member of an organization to issue a warning to the public about a serious wrongdoing or danger created or concealed by an organization” (Davis & Konishi, 2007). By taking a stand, Mrs. Lewis is advocating for the abused patients of the nursing home.
In the vignette, Mrs. Lewis hired a lawyer to ...

Answer the question

DAC lawyer: the lawyer is very pivotal in the decision making process since he is the person who knows all the legal procedures in Florida concerning the selling of property. He should be the one to give legal direction to be taken for the sale of the property. His view should be given consideration since he is the person in charge of the legal procedures of DAC.
Desperate Air Corporation: since the company has had some financial crisis in the past, the main aim is to salvage it before it collapses. This should play an important role in the ...

Question 1

In the first instance, the case was heard in Melbourne. Regarding the nature of dispute Willet had been a Senior Detective Constable and worked at the Victorian Police Force. She suffered from a depressive disorder that was depressive because she had been subjected to harassment and bullying when working at the police force. She was awarded damages amounting to $106,000 by the jury to compensate have for losing the enjoyment of life and suffering. After appealing to the Supreme Court, the damages were increased to $250,000.Medical evidence showed that the harassment and bullying contributed to Willet's mental ...

(Professor/Instructor)
In 2001, American military forces in Afghanistan arrested American Yaser Hamdi. US military officials charged Hamdi with collaborating with the Taliban and subsequently termed as an “enemy combatant,” and detained to a military detention facility in Virginia. Virginia-based lawyer Frank Dunham filed a motion for habeas corpus for Hamdi in Federal court, initially for his own and then on behalf of Hamdi’s father.
In Dunham’s motion to declare Hamdi’s detention unconstitutional, Dunham argued that Hamdi’s “right to due process” as enshrined in the Fifth Amendment by detaining him sine die and not allowing Hamdi ...

Interview Techniques

Introduction
Law enforcement officers use interviews and interrogations to get information from criminal suspects. The two aspects of communication are important in deriving needed information. The two techniques are may be different in a number of ways. Interrogations are characterized by verbal aggressiveness while interviews engage a non-aggressive dialogue. Both the parties in an interview contribute to the conversation without prejudice. However, it seems that, in an interrogation, the verdict is already determined before the questioning begins. Sometimes officers engage in unorthodox tactics of eliciting information from suspects. Concerns have been raised about officers bullying suspects during interrogations. Interrogations may ...

Page 18 Exercises 1-4.

In keeping a journal for a 24-hour period of where I was getting my information, I found that for the majority of it, I either logged onto CNN.com, my preferred news source, or clicked on links in my newsfeed of my Facebook profile. I noticed that with CNN, I tended to only skim the headlines to get a general idea of what was happening in the world. When I am on the Internet, I was never really fully engaged in the information I was receiving, as when I was watching the news on TV. I tended to have on average about 8 ...

Miranda v. Arizona, Terry v. Ohio

The case involves an appeal in the U.S. Supreme Court against conviction of Ernest Miranda for rape and kidnapping of a young woman and sentencing him for 20 to 30 years of imprisonment on each charge to run concurrently.

Facts of the case

Ernest Miranda, a young Mexican man about 28 years old, kidnapped and raped an 18-year old woman Lois Ann Jameson while she had been returning home from Paramount Theater in downtown Phoenix where she worked along with a coworker and after she got down from the bus alone. After complaining to the police, Lois could not identify ...

Executive Summary

This case study looks at the increasing numbers of as yet unsentenced (and therefore potentially either innocent or guilty of any offence) young people on remand in Queensland, where – in common with other states in Australia – “Efforts are primarily focused on the rehabilitation of young offenders so that even after the establishment of guilt, detention is seen as a last resort.”(Mazerolle & Sanderson, March 2008) (p.1). Because custodial remand brings young people formally into the justice system and into close contact with what Mazerolle & Sanderson refer to as “deviant peers” (p.1), it can increase the possibility of (re)offending, too. ...

As per the facts given, John Doe is an illegal immigrant in America, having no legal status to reside or work in the country. Illegal immigration is itself a crime, punishable under criminal law and is a matter of concern for various American agencies, responsible to maintain law and order. Now the questions of the case would be discussed here
1. Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself?
John Doe is an illegal immigrant and was residing in America without having a legal status to ...

Law enforcement agencies and the government have over time been synonymous to the enforcement of the law for public good. At the same time, the law enforcement agencies are tasked with ensuring that the rights of alleged perpetrators of any crime are protected from any sought of harm regardless of whether they committed the crime or not. In Jones’s scenario, a lot of legal and ethical issues arise. There are issues relating to the fact that she is a repeat offender, impact of her conduct to the society, the government’s role in the promotion of public order ...

Google competitive situation

Before Google Inc. gained the market power, Yahoo has dominated the internet marketing, email, and online advertisement. Later, Google Inc. developed a superior operating platform that won the rivalry between it and the incumbent market shareholder, Yahoo. Even though Google market share grew past 90%, by 2009, in most countries in the U.K., the firm knew that competition was not far. To counter such a competitive advantage, it rival Microsoft Inc. opted to acquire Yahoo, but its $44.6billion was unsuccessful (Edelman & Eiesmenn, 2014). The antitrust war blocked Microsoft’s move, but it was in favor of Google. Microsoft’s strategy of ...

Introduction

This paper looks into certain situations in the society where sound judgments and decisions are needed to come at a better solution to an ethical dilemma.
The ethical dilemma is a compound situation often involving apparent mental conflicts between moral imperatives where a party would be relatively disobeyed when the other party is deliberately adhered to. This is often called as the ethical paradoxes in moral philosophy and is more often than not brought into play in attempting to refute a particular ethical system or moral code (“What is an Ethical Dilemma,” 2012). Also, morals are of significant in the Criminal Justice ...

The major problem facing Alpha Inc is operations in a low margin market as compared to other established software markets. The company is stable and can rebrand itself into a better software producing firm as long as competition and external resource mobilization is well managed. The company also faces market risks where continuity of the industry is not guaranteed. The causative factor is a continued advancement in technology and many competitors who offer new products that complement or substitute those of Alpha Inc.

Situation Analysis

Environment Scan:
Managers always carry out an environment scan before launching their main business ideologies and strategies to ...

HUMAN RESOURCE MANAGEMENT

There are many different barriers that hold the company success for no good. One of the reasons is the discrimination done in the age of the employees. Discrimination is the process based on the unequal treatment for the similar qualified persons in a single workplace. In general, the age discrimination is the process of treating an employee with less importance in comparison with other employees working in the workplace with respect to their age. In the United States of America, an enactment was passed with the name of age discrimination in employment act (ADEA) in 1990. The ADEA only protect ...

Introduction

A criminal justice process is normally followed to ensure an individual’s rights are not abused. According to Moak and Carlson (3), the criminal justice process aims to ensure that relevant fact-finding is conducted in an effort to establish the truth. The criminal justice procedure needs to be done in accordance or by not being in contrary to an individual’s right as stipulated in the Fourth, Fifth, Sixth, Eighth and Fourteen amendments of the U.S. Constitution. Moak and Carlson (4) note that a criminal justice process needs to involve intensive cross-examination of both prosecution witness (the arresting officer and ...

Issues that are pertinent to this case are on aspects of relevant of technology in business. Impacts of certain actions taken in the business are also fundamental concepts. When Richards Davis drives to the place where they had established a construction site, he is upset. The gloomy nature that he assumes can be appreciated to the view that the construction impacts on him. It is clear that, the job was not done appropriately as per his expectations. In order to curb the above phenomenon, the following can be done: Richard and his partner should engage subcontractors that are of high ...

INITIAL PATIENT REPORT

In this section of the report, the confidential data of the patient “Kate Doe” would be described in detail.
1. Identifying Information -: The patient, Kate Doe, is a Caucasian woman who is lives in a town near north of San Francisco. She was born on January 1, 1980 and is an attorney.
2. Presenting Problem and Behaviors-: Kate had been experiencing “spitting headaches” since seven days (a week), after recently breaking up with her boyfriend. Upon arriving to the office, Kate showed signs of being tired and tearful. In addition, her speech was also slow along with her face ...

Gideon v. Wainwright - 372 U.S. 335 (1963)
Gideon v. Wainwright - 372 U.S. 335 (1963)

Clarence Earl Gideon was accused with breaking and entering in order to commit a petty larceny – the crime which is qualified as a felony pursuant to the Florida law. As Gideon appeared in court, he announced that he would not be able to afford legal representation of a counsel thus asking the judge to appoint an attorney at the state`s expense. The judge denied defendant`s motion on the grounds, that under the Florida law the state can appoint a counsel for the indigent defendant ...

Introduction

Every lawyer can prove that modern justice system is not perfect. There are such cases that can be tried for months and even years. When such a case appears, a judge might find it difficult to sentence a defendant. This case study is devoted to a thorough analysis of one of such cases – the case State of New Jersey vs. Sonney Pelham. The essay will be divided into several parts. The first part will contain a brief case descriprtion.The second part –mens rea – will be devoted to the issue of innocence of the defendant. The third part – actus reus- will be dedicated to the ...

A civil suit brought for violation of Title VII of the Age Discrimination in Employment Act (ADEA) and constructive discharge in violation of the Employee Retirement Income Security Act (ERISA).

Facts of the Case:

Andrew Terry, the plaintiff, is a white male who began working for the INS (Immigration and Naturalization Service) in New York as a Special Agent in 1976 aged 30. When he was over 40 years old, he was not selected for a vacant position of supervisory criminal investigator. He was not even on the “Best Qualified List” (BQL), even though he had 17 years experience compared with the younger African-American candidate with ...

The United States district court for the District of Columbia is a case that was brought against Anheuser-Busch InBev SA/NV (ABI) to oppose the acquisition of Modelo group by ABI. It was brought up since the government felt that the proposed merger was violating the law through illegal ownership or acquisition of another firm. In addition, the government felt that the acquisition was threatening fair competition in a free market, and the consumers would suffer most as a result of the merger.

Facts to the Case

- The case involved two beer companies in the United States, which were ABI and Modelo Company. The two were ...

(Name of Professor)
U.S. Supreme Case of Shelby County v Holder
1.
Shelby County v Holder is a landmark case involving the Supreme Court ruling declaring the provisions of the Voting Rights Act of 1965, particularly sections 5 and 4 (b), as unconstitutional. Section 5 of the said Act requires the local government to get a pre-clearance from the US Attorney General or three judges acting as a panel of the US District Court in Columbia prior to changing the laws on voting to ensure that the new law will not result in the denial of the right to vote ...

1. What is the definition of domestic violence? (2 points) According to U.S. Department of Justice definition, domestic violence is a pattern of behavior in a relationship that is used by one partner to exert control over another intimate partner. It includes physical assaults, sexual, emotional, economic or psychological actions that influence another person. 90 percent of cases involve women being abused by men (Eisenstat and Bancroft, 1999). Domestic violence is the leading cause of morbidity and mortality for women of childbearing age and the main consequences are from the mental health aspects of abuse (Hegarty, 2011).
2. Identify complaints/psychological ...

Peremptory challenge

In law, there is a provision for a peremptory challenge. Under this provision, attorneys have the discretion to select a jury or reject them even without stating the reasons as to why they do so. Presiding judges have the duty of deciding whether the peremptory challenge is accepted or not. In most cases, such challenges are as a result of a party to a case having a reason to think that engaging some jurors would result in an unfair verdict. When both parties to a case have an agreement as to the composition of the jury, there are high chances that they will accept the verdict. This ...

1. What is the definition of domestic violence? (2 points) According to U.S. Department of Justice definition, domestic violence is a pattern of behavior in a relationship that is used by one partner to exert control over another intimate partner. It includes physical assaults, sexual, emotional, economic or psychological actions that influence another person. 90 percent of cases involve women being abused by men (Eisenstat and Bancroft, 1999). Domestic violence is the leading cause of morbidity and mortality for women of childbearing age and the main consequences are from the mental health aspects of abuse (Hegarty, 2011).
2. Identify complaints/psychological ...

H.R. 1412, the Justice and Integrity Act of 2009

H.R. 1412, the Justice and Integrity Act of 2009
A Report from Rep. Steve Cohen (d-tenn.), Discussing Racial Disparities in the Criminal Justice System That He Can Use To Move This Bill Forward in Congress

Introduction

According to Research Advocacy for Reform (2013), male Americans of black descent are six times more likely to be imprisoned than white males. Additionally, they are 2.5 times more likely to be incarcerated that Hispanics. If this trend continues, it is clear that every black American born today should expect to go to prison ...

Business

Business

Response to Questions

Employees are those people who may be given a job either on a part time or full time basis under an employment contract that can either be written or oral. When talking of an independent contractor, it could refer to professionals such as doctors, engineers and various other professionals who may be carrying out individual businesses through which they offer direct service to the public. For an agent, these are people that may be authorized to act on behalf of other businesses. Their contracts are normally in written form. For instance, a company may be making sales through someone in a different ...

The use of force is Prerogative of law enforcement officials. Sometimes using force becomes necessary but it should not be exercised unnecessarily or exceed the limit. Authorities, in no case, should exercise excessive force and doing so is a criminal offence. Law enforcement authorities though do not hesitate from using excessive force and the same was evident from the incidents that took place in Los Angeles County where numerous prisoners were beaten severely by deputy of sheriff department.
Videos show how inmates were screaming while and after beaten up by deputy of sheriff department and his men. They were ...

As a fundamental of contemporary society, law is crucial in enabling society coexist and interact in an orderly manner. The case in study suggests a typical case scenario where an official happens to be related to a potential case defendant, abate on current bitter terms. This may be a reason for the official’s procedure to prosecute the brother-in-law, bringing about the issue of discretion. It is present when an agency has two or more alternatives, to a given case, with regard to case proceedings and prosecution. In this case under study, it may hold true or not that the official’s brother-in-law is ...

Legal Environment of Admin

Minimum Procedure: Matthews v. Eldridge, 424 U.S. 319 (1976)
Issue - Does receiving a notice and opportunity to comment in writing a valid ground to cut a person’s legal benefits without going through a full evidentiary hearing? This is the central issue pertaining to the interpretation of due process in the Fifth Amendment.
Decision - The Supreme Court ruled the due process in the Fifth Amendment does not require evidentiary hearing given that the right to receive notice and opportunity to comment in writing was provided to the plaintiff.
Reasoning - The court argues that the determination of the ...

Miranda v Arizona

The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that tended to link him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any statements ...

Current Situation

The situation presents the unethical practices by Enron’s Chief Financial Officer, Andy Fastow during a period of massive violations of ethical and accounting practices. Fastow started Special Purpose Entities (SPEs) such as LJM which unethically grew and boomed out of Enron’s shares and assets (Arbogast). There was a serious conflict of interest since Fastow owned a big share of LJM. Before I joined, Global Finance as lawyer in the Tax Department, I had heard of LJM being a special purpose vehicle to purchase assets from Enron. I obtained a memo addressed to Enron’s executives in which Fastow sought exemption from Enron’ ...

Miranda v Arizona

The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that linked him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any statements or confessions ...

The name of this case is stated as R.V WILLIAMS. This case is basically a case where it is presented as Victor Daniel Williams V Her Majesty the Queen. The interveners into this case
Included the Attorney General of Canada, Attorney General for Ontario, Aboriginal Legal services of Toronto Inc, the African Canadian Legal Clinic, the Urban Alliance on Race relations as well as the criminal Lawyers’ Association which was based in Ontario. This case report was obtained from File No.24 June the 4th in the year 1998.The people present when the case was presented includes: Lamer C.J, Gonthier, ...

Before the success of the book three cups of tea the company put in place many measures that will ensure that the organization fund are not misused in any way. Some of these measures are;
- The organization employed a competent chief financial officer who did her work with a lot of competence and integrity that it deserve, we are told in the case that the chief financial officer resigned her job after been frustrated by the management laxity to implement measures that will ensure stringent financial control, this demonstrate the competence and integrity of the financial officer.
- ...

Introduction

I worked as a claim specialist at a City Law department, where I was entitled to massive duties, which required proper skills and understanding to execute duties appropriately. This job goes with several duties that need be carried out accordingly. I was required to arrange for a court appearance, through subpoena among other ways of witnesses required for proper presentation of a case. I was also supposed to confer with the attorney assigned to a case concerning the facts developed during an investigation as well as assist the attorney before and during trial. I could also prepare the court calendars and attend calendar calls. ...

The film Legally Blonde pretends to be a celebration of the power of women in the dusty, sexist halls of Harvard Yard, but in fact it is a comedy that uses the time-tested ability of sexist roles to gain cheap laughs and play to the tastes of those who snicker at women, believing them to be less able than men and qualifying all of their successes at having been based on luck or some other sort of dynamic than true competence. Reese Witherspoon stars as Elle Woods, a sorority girl who fits every stereotype of the naïve blonde. She catches the ...

X will not be successful in applying the defence of neccessity. In criminal law, necessity is not primea facie a criminal defence. The defence, however, does apply in certain circumstances as an area of reform in the law. The land mark case, R v Dudley and Stephen (1884) 14 QBD 273 gives an example of a scenario when the defence can apply, even though it was contravacial. Looking at the scenario, the defence will not apply to X because he had all the time to dispose of the firearm, but even if he had taken it to protect his life he ...