Essays on Attorneys

The case in question represents Abigail Fisher, a white female who was denied admission at the University of Texas since she failed to qualify for the Texas Top Ten Percent Plan. She argued that the university considered many factors to fill the remaining slots including race, which was against the equal protection clause of the fourteenth amendment. The district court, court of appeals and Supreme Court held that the university's admissions process was constitutional (Liptak, 2016). Some judges including Clarence Thomas, Samuel Alito and Chief Justice John Roberts voiced their dissent regarding the ruling. The attorneys, in this case, ...

Introduction

One of the most common strategies of criminal defense attorneys when representing a defendant who has an unusual condition such as a mental abnormality, is to argue either that regardless of their actions, they are nevertheless not responsible for the crime or that they never had the capacity to commit a crime. The reason that criminal defense attorneys can make these arguments is that criminal law recognizes a number of unique situations where otherwise criminal conduct should not be subjected to a determination of guilt and the offender should be exempted from the crime (LaFave, 2000). These arguments, which ...

Fourth, Fifth, and Sixth Amendments to the U.S. Constitution

Introduction

The United States Constitution was framed without a Bill of Rights, and subsequent amendments came to be parts of the Bill of Rights, although this was framed amid the lack of confidence of an oppressive regime. The fourth, fifth, and sixth amendments provided rules to safeguard individual liberty. The Sixth Amendment protects citizens against unfair denials of life and liberty by ordering the federal government to give protections to all suspected criminal offenders (Chhablani, 2008).

The Fourth Amendment protects citizens against unpredictable violations of privacy by government authorities. This protects ...

A. Frankly speaking, it was not easy to get the gist of the message. As far as I have understood, the author is going to study ethical issues in terms of criminal law and legal profession, particularly, the police and lawyers like attorneys. There is no doubt that policemen often deal with situations requiring their reaction, based on ethics and moral convictions. However, I wouldn’t agree that if the police had better ethical “training”, people would work with them more readily. I suppose, it would only affect the work of the police as it is, and nothing more. ...

One of the more interesting phenomena of the past few weeks in the American political scene was the brief period of time that FBI Director James Comey spent in the public eye, as the FBI and Justice Department investigation of Hillary Clinton spun to an end. When Director Comey appeared before the press to explain his findings on July 5, he went on at length about the different ways that Secretary Clinton had mishandled classified information during her time at the State Department. He detailed the number of emails that she had sent or received that had had classified ...

Set of Requirements for the Network Solution

For this case, the attorneys will need to access the company network both from within their offices and when they are on site. The set of requirements for this will be the provision of a corporate WAN network that will only allow the authorized personnel to access it within the office. The second requirement for the mobile network is the provision of a Virtual Private Network that will allow the mobile users to access the company resources outside their offices while still maintaining security of the firm’s information. The access to the network will need to be secured ...

Two needs for forensic assessment in civil forensic cases

Two important types of civil cases in which forensic psychological assessment may be required are worker’s compensation and custody hearings. In the former, the client is usually asking for some sort of monetary compensation for damages that have been caused by their employees. In the second one, there is usually an underage person whose custody is being determined by the courts, as his or her parents are going through a process of separation. Obviously, these are caricatures of the complex real cases that real forensic psychologists have to face. Nevertheless, they will serve as models to explain the ...

Daytime TV reality shows have become an important part of our society’s entertainment, legal and education system. They give us an impression of how exactly the real courtroom would look like and what we should expect in case we get embroiled in similar law suits. While some of the TV court shows are not real and involve fictitious characters such as judges, litigants, and court clerks, most of them like The People’s Court and Judge Judy involve real characters. The People’s Court TV Show, for example, has real parties who have instituted a civil case in ...

Part A. Answer the following questions based on the literature:

PTP (Pretrial publicity) creates a set of problems that forensic social/cognitive/experimental psychologists are uniquely qualified to address. What are some of these problems? Hint: they are psychological (social/cognitive) and legal (procedural/substantive). Thus, begin by addressing: why we are concerned with PTP at all? What are the alleged effects and what does the social science research indicate regarding these effects (be specific in citing literature)? One of the problems, caused by Pre-Trial Publicity is the cognitive one. This means that juries get the information about the case under some circumstances, identified by the pre-trial mass media articles, which they ...

The court system has faced problems due to different changes and resolutions in the state of Georgia. The criminal justice system has changed with as the social setup changed, and the trend of victims’ rights has emerged in the courts. The system has handled various issues related to the victims and perpetrator. The state has ensured and supported the justice for all human wellbeing. Georgia’s judiciary system has faced some issues in court monitoring. The judges have considered on high profile cases instead of routine cases. Different violations have occurred in the courts during a hearing of the ...

Introduction

In the real estate business, closing or finalizing a certain deal stands as one of the mysterious processes for those who are selling or buying property for the very first time. Apart from specific paperwork, the concerned parties have to go through and carry out a lot of other activities. With this concern in mind, this research paper is aimed at making important discussion about the true essence of what the real estate closings really stand for. Apart from defining this concept with succinct detail, it is imperative to define all those activities and processes that lead to or ...

Introduction

An electronic research tool is a device that aids the process of gathering details and facts to be needed in a case. Its emergence has been able to provide lawyers the platforms where there they can get more facts about their respective cases as evidence without leaving out vital pieces of information. The two major ways through which an electronic research will enhance my performance level as well as productivity in this case are stated and explained below for proper understanding.

Updated legal information

This is perhaps one major role of electronic research tools and how they will aid me to get ...

The law evolves and as such it has been the case that he who can define will always win (Philips, 1998). Federally protected rights had not had a remedy in the case that there was a violation of the same, instigated by governments and its employees. It was not until the landmark ruling in the Monroe V. Pape case that shaped the development to what is commonly referred to as “section 1983”. This points out to the glaring fact that not only do the police, who are state and local government employees have to only deal with criminal issues, ...

Mini Case page 147. "Is body language protected activity?"

1a) & b) The following could be the possible reasons why the three nurses were fired: The nurses had expressed their dissatisfaction with the manner in which the Heartland Hospital was being managed Yes, the right to free speech is protected by section 7 of the Wagner Act and thus, punishing these nurses merely based on expressing their views on conditions of work is against the provisions of this Act. The Hospital’s management under Barbara Young failed to listen to the nurses’ concerns about the shortage of staff aides and the quality of healthcare services rendered to residents Yes, ...

Almost US, but still Latin America. This is the brief definition one can give to Puerto Rico. US is actively engaged in cooperation with the archipelago, but the chances that this area ever really become an integral part of the United States are still unclear. More so, it is a unique habitat with its own unique development system, including the judiciary. Puerto Rico is a dependent territory of the United States and has the status of "unincorporated organized territory”, which means that the area is under the control of the United States (and is not an integral part thereof), ...

Describe civil and criminal penalties that might arise from Ima’s death

Under the provisions of the Occupational Health and Safety Act (OSHA) 1970, all employers are responsible for creating adequately safe working environment (Pinnington, Macklin & Campbell, 2007). The possibilities of employee contact with uninsulated wire is a situation, when life of this employee becomes jeopardized, as well as there is a possibility of getting serious bodily damages. In this case, the affected employee, or the family members are entitled to claiming general damages from the employee. Furthermore, because the omissions of Walexron are conspicuously blatant (uninsulated wire obviously poses a huge hazard to the employee and visitors of the facility) ...

1. Anderson, L.V. (2016, May 19). Ethics compliance training is a waste of time. Slate Magazine. This article, despite the cynical title, provides good research concerning the process by which companies implement ethics compliance training programs, including what incentive they have and how the external legal environment influences them to do this. The article begins by stating that the predominant form of ethics compliance training that all onboarded employees typically take in corporate organizations in the United States are in the form of eLearning courses. The article describes the typical mandatory basic ethics, harassment and discrimination training that are ...

Introduction

This paper discusses the roles of specific players within the criminal justice system, namely judges, prosecutors and defense attorneys including how these roles sometimes intermingle with reference to given fact patterns.

The Role of the Prosecutor

Should Joe Justice want to get the deal done with Jim Lawbreaker, some of the options available for him including entering into a plea agreement or arrangement and studying the arresting or investigating police report to ascertain details of the crime and its magnitude. Yes, Joe Justice has enough evidence to take against Stick Martin to grand jury. According to Gaines and Miller (2012), a prosecutor has a ...

Part 1: Prosecutor’s Duty to Report

Although the American criminal law is based on the adversarial system where the prosecutor, representing the state, and the defense, representing the accused, engage in openly confrontational activities in order to persuade a neutral decision-maker of the truth of their story; the Supreme Court has held that under some circumstance, and despite the adversarial nature of the relationship, the prosecution must assist the defense in the preparation of their case. The underlying reason for this counter-intuitive element of the adversarial system, is the traditional belief that the substantial power of the state, as expressed through its law enforcement and ...

Mental illnesses are the mental disorders that cause changes in a person’s thinking, emotion, and behaviour. The illnesses are likely to cause problems to a person’s social and work functioning (Parekh, 2015). There is inadequate knowledge and skills on how to deal with people with these disorders. The involvement of mentally ill people in the criminal justice system continues to increase, which raises concern for administrators, policy makers, and treatment providers in the justice system. This is one area that requires change and people to be more educated on the subject. I had a chance to work ...

The death penalty remains a most controversial topic not only in the ‘US but the rest of the world for many years now. It was in 1622 that the first execution took place in the United States in Virginia for a criminal in the American colonies as stated by Marcus (838). Many oppose while several others support the death penalty. What adds to the debatable issue are the process, mistakes, and costs involved. The last execution in the US took place in 2015. The paper considers all those issues related to the death penalty and if it is the ...

A 19-year-old high school girl was shot twice and buried while still alive in 1998 and Clayton Lockett was convicted of her murder (“Clayton Lockett” 1). After conviction, he was given the death penalty to be imposed by lethal injection and fifteen years later, his execution was botched when drug dosage was not adequate for death, finding veins for giving the drugs required multiple attempts, and the medications leaked into his muscle tissue (Connor). Witnesses to his death described it as agonizing and the response of the public again stirred the debate concerning using government sanctions to kill in ...

As requested, I have looked into the tendency to overbill in law firms and sole practitioner offices in the United States. I have looked into how these tendencies can endanger any prospective law firm, including our own. According to my findings, the legal profession requires many reforms in order to comply with Rule 1.5 of the Model Rules and to still be able to generate a viable profit through billable hours, fixed rates or contingency fees.

Analysis of Billing Issues Within the Legal Profession

In recent years, the legal industry within the United States has undergone a major transformation. In fact, since the economy crashed in 2008, ...

Abstract

In any state, the court system and structure plays a significant role in ensuring the judicial system is effective. States that have a strong court system have proved to be successful in solving major challenges as pertains to the interpretation of the constitution. Puerto Rico needs to have in place a strong court system to ensure that the enforcement of various dynamics is effective. In coming up with the court system and structure, this paper heavily borrows from three states: Tennessee, Florida and South Carolina. These states are well-known for their strong legal systems. Because of this, it would ...

INTRODUCTION

Ethical violations occur in every business field, and the criminal justice system in no different. News reports are not scant concerning individuals in law enforcement, corrections and the courts who have violated ethical codes. Ethical codes exist in the criminal justice field to not only protect the official, but also to protect the public. When an individual in the field of criminal justice violates an ethical code, typically, many people are affected, and it does not matter if the violation was intentional or unintentional, or real or simply alleged.

FACTS

Judge John P. Contini, a judge in Broward County Florida, ...

Introduction

The court practice of the United States of America demonstrates that the First, the Fourth, the Eight and the Fourteenth Amendments to the United States Constitution are the most frequently invoked constitutional provisions in the country. Procedural violations of these Amendments are effective tools in the hands of skillful criminal defense attorneys. Analyzing the court practice is the only way to understand viewpoints of the judiciary on these sensitive topics, and to avoid perpetrating procedural mistakes in the future. This paper seeks to analyze the most landmark cases connected with the alleged violations of the First, the Fourth, the ...

This narration paper is an analysis of the information obtained from an interview with Meg Davidson. Davidson is a victim’s right attorney and a member of the National Alliance of Victim’s Rights Attorneys and Advocates (NAVRA). The alliance is a constituent of the National Crime Victim Law Institute (NCVLI). The interview was conducted on Apr. 18, 2016. The aim of this interview was to explore the role that service providers play in advocating for victims’ rights, the extent of their involvement, as well as their perception of the casualties. NCVLI is a nationwide non-profit organization that promotes ...

How Propaganda Is Used By Anti-Union Forces To Dissuade Workers From Organizing

Workers often organize a union to fight for issues such as having a secure job and for better work conditions. More often than not, employees fight back by initiating propagandas that fight the workers strongly. These propagandas have been used successfully for many years to fight even the strongest worker unions (Bust the Union Busters par 1). The attorney often trains management supervisors of companies and other entities on how to persuade the workers to vote down a union, hence, denying them their constitutional rights organize. The nature of the profession does not often matter as all workers from ...

Introduction

In his case, Ferrell (2012) discusses Enron Corporation from when it was formed, when it collapsed and all that followed after its collapse. Enron Corporation is an American company headquartered in Houston, Texas. This company was formed in the year 1985 through the merging of two gas pipeline companies. Enron Corporation deals in products and services such as natural gas, and also electric power generation and distribution. However, in the year 2001 when Ken Lay was the Chief executive officer and at his time of his stepping down, Enron was faced with financial problems which eventually led to its ...

Introduction

Police officers and their actions fall under the scrutiny of the society and the Constitutional Amendments that protect their rights. Although state legislatures adopt different approaches to arrest criminal behavior, the police departments across the nation are subjective to Federal laws in case of violations. The most common complaints against the police in recent years include excessive force, violation of civil rights, unbecoming of an officer, and deliberate indifference. Police officers enjoy limited immunity and cannot be accountable individually. However, the department as a whole will face the damages. In the political climate today with shrinking police budgets, lawsuits ...

Clayton Lockett was a 38-year-old murderer of a 19-year-old girl whom he shot twice and then buried while she was still alive (Connor, 2015). Following his conviction, he was sentenced to death in Oklahoma by lethal injection. Fifteen years later in April 2014, his execution was botched when inadequate drugs, an inability to find an adequate vein for instillation, and inappropriate administration into muscle tissue resulted in an agonizing and prolonged death. The public’s response to the news releases ignited again the debate over the use of the death penalty for punishment of the worst offenders in society. ...

The concept of justice is something that has been debated on since at least Greek antiquity. While many people throughout the United States believe in American Exceptionalism and claim that America’s criminal justice is the best in the world, further inspection of this system would appear to indicate that it contains a substantial amount of deficiencies. Not only do some people claim that it systematically discriminates against people of certain races, but other perspectives have even argued that rich people are able to get off easier when they commit crimes. The present research examines whether or not wealth ...

Carlo Scarpa was a prominent Italian architect previously active during the early twentieth century and one of the pioneers of modernism in architectural design. He was born in 1906 in the beautiful city of Venice, a place well-known for its old Renaissance architectures, majestic canals, and gondolas. By the time he was only two years of age, his entire family migrated to Vicenza, a county part situated on the northeastern part of the Italian peninsula. It was here that he spent much of his early childhood to teenage years; he also attended a local high school specializing in technical ...

Although the American criminal law is based on the adversarial system where the prosecutor, representing the state, and the defense, representing the accused, engage in openly confrontational activities in order to persuade a neutral decision-maker of the truth of their story; the Supreme Court has held that under some circumstance, and despite the adversarial nature of the relationship, the prosecution must assist the defense in the preparation of their case. The underlying reason for this counter-intuitive element of the adversarial system, is the traditional belief that the substantial power of the state, as expressed through its law enforcement and ...

According to the current business environment, law does not have an exact definition. However, it is a set of rules, principles, and standards that summarize the behavioral practices in business (Gibson & Fraser, 2013). Therefore, it is this legal system that helps us in defining the acceptable social behavior. Laws acts as a boundary to some activities that are not in the best interest of the members of the public. Therefore, in today’s business environment, laws and courts have several roles to play. For instance, it protects the consumers, employees, the environment, and taxation. The role of the government ...

Kids in Need of Defense (KIND) was originally funded by Angelina Jolie and several other celebrities with the objective of helping children under the age of eighteen who were either abandoned by one or more parents and eligible for asylum claims the opportunity to obtain green cards legally within the United States, (KIND). What KIND specializes in is finding attorneys to provide pro bono counsel to these children and their families in order to obtain green cards legally, (KIND). The way that these attorneys are able to help these kids is through using a part of the immigration code ...