Essays on Defendant

Issue

Robert Olins, the defendant in the case was found to be in breach of contract by a lower court. A lease was drafted and signed by Robert Olins and Pan Handle Realty, LLC for a year’s period. Part of the agreement was that Pan Handle Realty, LLC was to unfurnish the property and Olins was to make payments for the amount of a year’s rent (Cross & Miller, 2015). Olins had issued a postdated check which was to be cashed after Pan Handle Realty, LLC had completed the modifications in the house. It was then that the plaintiff ...

Perhaps one of the most commonly known rights guaranteed by the first ten amendments to the Constitution is the Fourth Amendment’s “right of the people to be secure in their persons, houses, papers and effects against unreasonable searches” (U.S. Const. amend IV). Interestingly, while the meaning of the term “unreasonable” might seem intuitive, the Framers of the Constitution did not provide a specific or detailed definition of it. However, after the Supreme Court; relying on the fact that Article III of the Constitution vested the Court with the judicial power to “all cases” that arise under the “Constitution, ...

What defense might be raised in this case?

In the case of Dr. Nalwa, the defendant can raise the defense of primary assumption of risk. The defense in commonly brought up in sporting activities where a participant voluntarily and willingly chooses to take part in the game despite being cognizant of the fact that he or she may be injured or incur some form of loss(Owen, 2014). Dr. Nalwa willingly and voluntarily chose to engage in the sport of bumper car riding. No one compelled her to participate in the same. By dint of the voluntariness, it is presumed that she was aware of risks inherent ...

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Issues Regarding the US Constitution’s Fifth Amendment

This law protects the person from incriminating himself to a crime, from possible improper methods to be used by law enforcement either through deceit, coercion or threats (Snitker). By encouraging silence in the face of the need for legal defense, this law wisely leads the accused to seek legal assistance.

Protection to the Criminal Defendant

Self-preservation is a natural right of any person and he may abuse this right by unknowingly withholding cooperation in judicial processes against crime. Excessive protection can be treated with reasonable approaches by law enforcement so that the Fifth will not overly and inappropriately protect defendants.

Custodial Interrogation

The ...

One of the fundamental methods of determining liability in Tort Law is the “but-for” test. According to the test, liability is analyzed by asking the question: but-for the defendant’s negligence, would the plaintiff have been injured or harmed? If the answer is no, then the defendant, and only the defendant, is liable for the plaintiff’s harm. While the “but-for” is a Tort Law fundamental, it sometimes proves inadequate in determining a defendant’s liability. Consequently, Tort Law has developed other means of determining the cause of a plaintiff’s injury in fact. One of the alternatives to ...

Q. 1: The Defendant’s Competence to Stand Trial

No, the defense team feels that the defendant is not competent to stand trial. This is because Mr. Stu Dents must have been suffering from delusions at the time of the commission of the alleged crime. From the evidence obtained in the Journal entries containing references to aliens, God, and the end of the world, it is argued on the defendant’s behalf that he was suffering from some mental defect which made him have a deluded feeling that killing was a way of “fulfilling his destiny.” Moreover, the defendant’s combative, irrational, and agitated behavior at the time ...

The “Son of Sam” Case

The Nature and Type of Defenses Used The main type of defense that was used in this case is the insanity defense. The insanity defense is a common-law excusatory defense under which a defendant in a criminal case asks the court to excuse them from criminal responsibility for their conduct. According to Math, Kumar, and Moirangthem (2015), the insanity defense rides on the assumption that at the material time, the accused person was ailing from a mental illness making them incapable of differentiating right from wrong behavior or appreciating the nature of the crime. The test for establishing the ...

YourName

This case study presents J.W., a patient who went to the emergency room of the Community Hospital due to a persistent and severe headache over the last couple of days. Patient displayed signs and symptoms that her condition required blood testing and a head CT scan. However, Nurse Jackie, the nurse assigned to handle the patient’s case, only charted the symptoms but did not act on it or report it. The triage nurse, together with Nurse Jackie, also interviewed J.W. about previous neurological problems, headaches, or incidences of cerebral hematoma. But due to J.W.’s disorientation caused by ...

A. Beyond the merits of the case, the chances of Edie in winning this case depend completely on the investigation of the behaviour of the defendant as the reasonable person in the similar conditions. This approach is regarded as the main pillar of the tort law that is used for the determination of the liability between the parties during legal proceedings. With that, it should be noted that there are several cases when the applicant faces difficulties in proving fault for slip and fail accidents. There are several conditions that should be met established and proved in order to ...

The term ‘actus reus’ refers to the physical component of the crime, while ‘mens rea’ addresses the mental aspect of the offence. Situations, when the alleged perpetrator has the actus reus, but lack mens rea can be different, and a solution depends on the constituent components of a particular crime. First of all, strict liability offences and a range of other offences that differ across statutes and common law under different jurisdictions do not require proving mens rea. Strict liability often refers to minor offences (e.g., selling alcohol to an under-aged individual), where it is hard to determine the ...

How has the Constitution been able to remain a durable and viable instrument of government despite the enormous changes that have occurred in our society since its adoption? Discuss the issue in terms of specific changes. The Constitution speaks predominantly in terms of the protection of individual rights from governmental abuse or abridgment. What corresponding obligations and burdens must each citizen undertake or bear to ensure that everyone remains free to exercise these rights to their full extent? The criminal law, both procedural and substantive, is limited by the Bill of Rights in terms of protection of US population ...

Most people have tried to explain the term justice from different perspectives. Justice is seen as a simple word, but the truth is the word justice is very complicated. Justice can be based on the concept of moral rightness that has varying perspectives on ethics, fairness, religion, rationality and law. On the other hand, justice can be termed as fairness in the protection of the rights and the punishment of wrongs. While the legal systems and other tribunal aim to uphold the ideal through the proper and fair administration of the laws, it's likely to have the unjust laws ...

Introduction

Every US citizen has a right not to have their privacy unreasonably intruded into according to the Fourth Amendment to the US Constitution. Moreover, under this Amendment, search warrants shall not be issued to law enforcement officers unless there is probable cause that particularly describes the specific place that the police needs to search or the things subject to seizure. In the state of Florida, for example, the requirements of a search warrant are provided under Chapter 933 and include the existence of probable cause, search for only the property specified in the warrant, supported by an affirmation or ...

At common law, a felony murder was defined as the unlawful killing of a human being while in the commission of a felony crimes (LaFave). However, the modern concept of felony murder has widely been interpreted to mean an unlawful killing that occurred in the commission of only a certain type of felony crime, or acts that are deemed, by the totality of circumstances, to be inherently dangerous (LaFave). Under the federal criminal code, a person is guilty of felony murder if in “preparation of, or attempt to perpetrate, any” robbery (LII). Robbery, under the federal criminal code, is ...

It’s a principle that provides the basic and the essential part in the mathematics of sorting and even counting. This principle was introduced by Johann Peter Gustav Lejeune Dirichlet in 1834. He called it the shelf principle or drawer principle. However, many people appreciate his insight and call it the Dirichlet drawer principle. The name pigeonhole was introduced in 1940 by Raphael Robinson. In the literal sense, pigeonholes refer to shelves or holes used to place pigeons. Thus, the principle roughly states that if one has a given number of boxes and a given number of items to ...

Part 1

Objective: in this critical analysis, you are expected to demonstrate an understanding of public health ethics and legal issues. Also, you are required to actively engage with the subject and come up with a substantial perspective on it.

Introduction

This critical analysis will outline the main purpose of the public health ethics and legal issues for protecting and upholding public health. Public policies and social programs are some of the aspects that constitute a good public health. Also, some patients with distinct issues contribute to the wellbeing of the public health, especially in a situation of unethical event regarding health ...

Question and Answer- Criminal Justice

Question and Answer- Criminal Justice Q. 1 The main similarity between mens rea and actus reus regarding their roles is that both elements are ways through the criminal law ensures that only guilty actions or conduct and minds or intention can secure the safe legal conviction of accused persons. Moreover, they both play the role of making the role of the prosecution and defense easier when proving the commission of a crime. The difference is that while mens rea plays the role of helping the court know the accused’s intent at the material time, actus reus plays the ...

Question and Answer: Briefing Ghen v. Rich

The claimant who was a fisherman used his bomb-lance to shoot a fin-black whale on a beach. The bomb-lance was meant to mark the fish as belonging to him his property. The fish on being shot sank to the ocean bottom but was washed ashore some days later upon which the defendant, a hunter, killed and took the fish for an auction sale as his. The custom of the community dictated that whoever found a whale with a mark was to notify the owner who was expected to pay the finder a fee for having found it. The defendant ...

Learning Activity 1

QA answer Ohio court has the jurisdiction to handle this case but not Texas. Although the involved parties cut across the two states, Ohio has the personal jurisdiction because the Flower World Business is in that state. In other words, the defendant involved case is physically located in Ohio and this is the area where the investigation should be conducted. The best way to determine the jurisdiction is to look at the court that will have both personal and subject matter jurisdiction over the defendant of the case as argued by Orakhelashvili (n.d.).

QB Answer

Legally, the type of jurisdiction that ...

Lord Gardiner’s statement is a wonderful example of legislators recognizing that precedent may stifle the appropriate outcome in a legal dispute. Comparisons can be made between other Western countries; for example, the US Supreme Court has reversed precedent that it set itself decades prior, such as the landmark case Brown v. Board of Education. Just like these countries, Lord Gardiner believed that Britain should not limit itself to decisions based solely on decisions in the past because the modern day situations that arise often require a more complex and systematic methodology for determining justice. In addition, but not ...

Similarities between the Roles of Actus Reus and Mens Rea

The main similarity between these two elements of a crime is that both of them must be sufficiently proved to have been present during the alleged commission of the crime in question for a safe and legal conviction to be secured by the prosecution. If any of these elements is absent, lacking, or has not been sufficiently proved beyond reasonable doubt by the state, an accused is to be acquitted. Moreover, both of the play the role of ensuring that people are only convicted of offenses that they have positively committed with the full knowledge of the consequences or ...

William Kunstler: Disturbing the Universe is a documentary that follows the life of a radical-leftist attorney. However, the captivating and incendiary film is also based on the tragic form of liberal guilt. The movie revolves around the numerous cases that Kunstler was involved with until his demise. The film depicts William Kunstler as the passionate defender of the American people’s civil rights, earning him the reputation through defending a majority of the controversial defendants during the 20th Century. In Kunstler’s profession, he defended the American Indian Movement, Chicago 8, the Attica Prison rioters, the Freedom Riders, and ...

Insanity Defense Paper

Insanity Defense Paper

A person is not responsible for criminal act if such behavior was a result of mental disease or defect and if the defendant did not have any significant opportunity to assess the unlawfulness of his conduct or to subordinate his behavior requirements of the law. Stu Dents cannot be not subject to criminal liability due to the fact that at the time of committing a socially dangerous act, he was insane, that is, could not be aware of his actions or control them due to chronic mental illness, disturbances of mental activity. During the arrest Stu ...

United States v. Willis, 38 F.3d 170, at 179 Kathy Evelyn Willis appealed a court decision which had found her guilty of possessing a firearm during a drug transaction. Willis was also convicted of a drug trafficking crime as she transacted with an undercover agent known as Officer Debbie Bond. The case also involves a man, David Perez who was said to be Willis's lover and the defendant argued that he forced her to transact the drugs, and also the gun under police custody belonged to him. Willis sold Bond ¼ pound of marijuana and at the time of arrest, ...

The right to counsel is often considered as a right to a fair trial as enshrined in the Sixth Amendment of the United States Constitution. The Amendment states that it is the right of a defendant to be represented by an attorney. In case they cannot afford legal services, the government is mandated to ensure that they are represented by a legal counsel. Every defendant has the constitutional right to be represented by legal aid (Silva, 2012). The right to legal counsel was successfully pushed for by an unlikely America hero by the name Clarence Earl Gideon. He successfully ...

Williams v Pennsylvania (2016) was brought to the Supreme Court by Williams who was found guilty of murder back in 1984 and sentenced to death because he claimed that the prosecution not only utilized false testimony but withheld evidence that could have led to his exoneration (Supreme Court, 2016). I found this particular case interesting due to its conclusion where the petitioner was ultimately denied his appeal even after his allegations were proven by the PCRA (Supreme Court, 2016) which just goes to show how even if the filer was in the right, the law still refused to rescue ...

[Class Title]

The Lawyer-Client Relationship The lawyer-client relationship should be based on trust and confidentiality. Under no circumstances should a client lie to his or her lawyer as well as under no circumstances should a lawyer incriminate his or her client for telling them the truth. A problem in trust and confidentiality will result to poor lawyer-client relationship, which could significantly impact the outcome of a case. Trust and confidentiality problems arise when the client withholds some information from his lawyer for fear that his lawyer will back out. There are clients, for instance, who are guilty of doing ...

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 ...

The case involves a guest of the hotel in Jamaica, where a guest was severely injured while working out in the fitness center of the hotel.  

Issues:

What jurisdiction and law should apply for the case? The jurisdiction and law that should apply here is the Jamaican law, in Jamaica. The US law in Miami cannot apply because, as stated in 28 U.S.C subsections 1391(a), a US court only has jurisdiction in such cases over the defendants where at least one defendant is domiciled in the particular judicial district. This principle has been affirmed in the case of Steven ...

Brian Short v. State of Florida

The Main Issue Is the “Maintaining the size of our children law” in the State of Florida is unconstitutional considering the imposed marriage prohibition on the basis of height?

Relevant Legal Concepts

Under Section 1 of the 14th Amendment, no state shall enforce any law that would abridge the privileges and immunities of the citizens of the United States, nor shall any state law should deprive any individuals of their liberty, life, property, denied jurisdiction of equal protection of the law and without due process (Schubert, 2008, p. 24). Civil rights is a basic proponent of the Constitution stipulating that personal liberties ...

1 a. According to the Women’s Charter, Chapter 353, Section 95, either party to a marriage may file for divorce on the grounds that the marriage is irretrievably broken (The Law Commission, Women’s Charter, 2013). The Charter sets forth certain situations that may constitute a finding of an irretrievably broken marriage. The following facts, according to the Charter, would result in a finding of an irretrievability broken marriage by the court:

Adultery has been committed by the defendant and plaintiff find it intolerable to live with defendant

Defendant behaves in a way that plaintiff cannot reasonably be expected to live with defendant Defendant has deserted the plaintiff for a continuous period of at ...

Incarceration

So far, the main purposes of incarceration are incapacitation, rehabilitation and integration. In the model of incapacitation, the prisoner is deterred from committing more crimes, and the security of the populace is under consideration. In the rehabilitation model, there are treatment sessions in the prison system in order to reform the prisoner, while integration has the objective of enabling prisoners to return to society such that they become productive members of it, and are able to maintain productive relations with family and acquaintances (Cole and Smith, 336).

What are some potential impacts of incarceration on an individual? the family? Their community?

One major impact of incarceration on an individual is psychological in nature. ...

Things remembered recalled children’s jewelry from the market on July 19, 2016. The recall is referenced by the Recall Number 16-228. According to the United States Consumer Product Safety commission’s website, the reason behind the decision to recall was a violation of lead standards for children products. Specifically, the product subjected to the recall included the silver heart bracelets and the sweet charm necklaces for children. Silver heart bracelets are six inches long each of which has ten silver hearts linked by circle links. Besides, it has a lobster claw clasp for its closure and one charm ...

Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer may terminate an employee for a good cause, bad cause, or no cause at all, so long as it is not an illegal cause . An employer cannot terminate an employee for discriminatory reasons, a breach of employment contract, or in retaliation for exercising their employee rights. Discriminatory reasons include race, color, sex, religion, national origin, etc. In order to better understand how at-will employment works, I will provide three different scenarios ...

Castore v Tutto Bene Rest. Inc. (2010 NY Slip Op 07695 [77 AD3d 599]).

Plaintiff: Emmy Castore, Appellant Defendant: Tutto Bene Restaurant Inc., dba Chelsea Restaurant, Respondent.

Procedural History:

Castore brought suit in the Civil Branch of the Supreme Court, New York County. The plaintiff sought damages for injuries she sustained as the result of a slip and fall that occurred on Defendant’s premises. The defendant moved for summary judgment to dismiss the complaint. The motion was granted unanimously by the Supreme Court. The case was then brought before the Appellate Court, First Division.

Facts:

The plaintiff contended that the defendant ...

Introduction

Natural law theory and positivism are two approaches to thinking that differ in the basic legal principles and rules on the treatment of law. Principles and rules influence English jurisprudence and the administration of justice through the attitudes, perspectives, approaches, decisions and pronouncements of judges and jurists. Natural law theory and positivism dominate respective areas of English jurisprudence and adjudication process, but these approaches may also simultaneously exert influence to raise issues and cause developments in other areas.

Influence of Natural Law Theory

Natural law is “the order of the dynamic tendencies that are proper to man as a rational being”. The rule of ...

Business and Law

BUSINESS AND LAW Introduction The breaching of contracts and denial of human rights have risen over the past few years due to the lack of enough knowledge. The paper covers several cases whose judgment is based on the Australian common law and consumer acts in the IRAC format

Question 1

Issue: Does Brenda have an action against Steven for the breach of contract? Rule: According to the Australian contract law, an anticipatory breach of contract can occur from time to time. An anticipatory breach of contract refers to where one party informs the other that they will not deliver what was ...

Psychological testing was developed to examine the cognitive and behavioral aspects of a patient. A variety of tests have been created to evaluate the individual to determine either the diagnosis of the individual or simply to attain an assessment or evaluation of the individual. Each test discussed below can provide advantages to the forensic setting. The validity and reliability of these tests have been extensively evaluated and are discussed. 1. Mental Status Exam The Mental Status Exam (“MSE”) is used to evaluate a patient’s mental functions and behaviors. The MSE was created as a tool for clinical psychologists ...

Sometimes, the perpetrator may be unsuccessful at his objective which is having sexual intercourse, but may sexually assault the victim through inappropriate touching, attempted rape. Rape is any form of sexual assault that is unwanted and that a person does not concede. These include oral, anal, and vaginal penetration.

The question of whether the victim knew the perpetrator is not relevant to date rape cases. The most grueling task in solving a date rape case is proving that it was ‘rape action’ and that the victim, did not consent to have any form of sexual intercourse with the perpetrator. ...

Introduction

The main legal issue raised in the present scenario is whether Andrea was suffering from mental insanity when she committed the aforementioned crimes and therefore whether she can successfully rely on the defense of insanity, say, on appeal. Further, this problem raises the issue of if Andrea’s ex-husband, Rusty, bears any criminal responsibility in the crime. As a general defense to criminal liability for all offenses, the defense of insanity allows the jury to return a not guilty by reason of insanity verdict. Under this defense, the accused person may claim that at the time they committed the ...

The forensic assessments of criminal responsibility are necessary to focus on a defendant's actions and mental condition that may have occurred few days, months, or even years ago. In a normal case, a person after a certain age is responsible for his criminal actions of he is not affected by psychological illness. Therefore, the forensic panel of psychiatrist conduct test under specific standardized conditions. It should be noted that the Victorian legislation is one of those which allows the assessment of mental impairment to be done by psychologists. However, some courts are not considering it as an authentic solution ...

Steps in Criminal Jury Trial

Upon being charged with a crime, the defendant is provided with some documents including an appearance notice and promise to appear in court, summons, the information, etc. This states the charges, the offense, and then date, time and place of the opening court appearance (Walston-Dunham, 2011). In this instance, the case now proceeds to the trial phase. For a case to be complete, it has to follow through six main steps i.e. selecting a jury, opening statements, evidence presentation and cross-examination, the final remarks, jury instructions, and finally the jury verdict. Selecting the jury - The first step begins ...

Introduction

With the evolution of the nature and complexity of civil cases, it has become imperative that the law firm develops and implement a case tracking and management systems (CTM). The CTM is geared towards achieving efficiency and overall effectiveness in the process of filing, early phases, pretrial, trial, judgment, appeals, and enforcement of civil cases. The CTM also factors in the cases that are poached by twists and turns making it easier to recover and proceed. For a local firm that works and specializes in civil matters, a CTM would prove to be critically instrumental in comprehensive monitoring and ...

Essay in English Law Whether it is Unfair for Criminal Justice Insiders to Sit On Jury

Most likely, it is unfair for someone who works in the criminal justice system to be chosen to participate as jury selection-members, in the British legal system. Prior to the time of the Global Recession of 2008, one report discussed several aspects of the UK-defined protocol of what a jury-system process entails. Commentary was made regarding the UK jury system historical roots, trial-jury size, secrecy, independence, and selection (“Jury Service – Crown Prosecution”). One set of erudite Australian Professors noted that the advent of social media had fundamentally caused problems, especially during trials (Wallace et al. 2011). Consider, however, the ...

Introduction

Statements made prior to making a contract, as a rule, are not binding for the parties. At the same time, false or misleading statements made with the purpose of inducing another to enter into a contract can be found invalid, giving an innocent party the right to various remedies under the law. Under the common law, a victim of misrepresentation may be entitled to rescind the contract. Legislation, such as Australian Consumer Law, sets a pecuniary penalty in the event of breach of any of its provisions relating to consumer guarantees or false/misleading statements. Thus, the relevant case law ...

If the police tap into the local telephone exchange of AT&T to know when a certain phone number becomes active with users without a warrant, the case will face a very difficult suppression motion. There is a safeguard against such processes; the Fourth Amendment. Hypothetically, if the police attempt to stake out a suspect’s location and try to get information whenever someone makes a call from the property, a warrant becomes mandatory. However, it is surprising the courts find that a warrant is unnecessary. The interpretation of the law should coexist along with the context in order to ...

The world is now in the digital age and every person on this planet leaves a digital footprint. The criminal world is also keeping up with the times by utilizing various technologies to run its enterprises. However, most often, law enforcement professionals fail to differentiate the reality of changing times. The Supreme Court usually serves as the medium to intervene on behalf of the US Constitutional Amendments and it used the 2014 case of Riley v. California to educate law enforcement on certain important matters. A cellphone is not just a calling device anymore. The phones can store photos, ...

Compare and Contrast

Philosophy

Introduction The context of determinism, compatibilism, and libertarianism can be attributed to the two notions of freedom the metaphysical and circumstantial. The latter encompasses an idea that everyone has freedom to act without being interfered by any obstacle while the former demonstrates the freedom of oneself to choose among alternatives. This notion of freedom will be articulated in this discussion by comparing and contrasting the philosophical context of determinism, compatibilism, and libertarianism. Furthermore, the discussion will also differentiate the three positions in terms of strengths and weaknesses. Based on the interpretation of the three positions, a personal take ...

Abstract

The criminal justice system in the United States provides Constitutional guarantees for all who are subject to the laws of the land. The three most controversial aspects of this system today are Search and Seizure, arrest, and interrogations. While these three aspects are the foundation of police action throughout the nation, there are several unresolved problems in how each of these processes is in use today. The presence of the law is not always the same as upholding it. The cases which made the case for the citizens are moving into obscurity with modern variations of the problems making ...

The reason for carrying out this work is to identify the problem of credit sales fraud with our principal focus falling on Milwaukee Marriot Downtown. The primary objectives of this chapter are to come up with a descriptive survey method to collect data from business enterprises in Milwaukee Marriot Downtown regarding the issue of credit sales fraud, describe the sample selection, explain the procedures utilized in designing data collection instruments, and lastly identifying the statistical methods for analyzing the collected data. For this research, the best descriptive research method to use to gather information is the questionnaires. The polls ...

Introduction

The criminal justice system in the United States is complex and has a trove of advantages for the defendant in comparison to several other nations. The rights include the right to an attorney and the right to remain silent during a police interrogation. Apart from these rights, the process to find someone guilty and sentence that person is a tedious process. Unlike justice systems which rely on circumstantial evidence, the American Justice system insists on the presence of physical evidence to corroborate. In addition, a lengthy process ensures checkpoints in different areas to prevent convicting innocent people of crimes ...

#1 Situation In this case, the defendant is willing to plead guilty as long as the court will grant him or her sentence of probation as the punishment. This move is commendable, but the defendant has to realize that there is a chance that he might not be convicted of any crime as there lacks enough evidence from the office of the district attorney, therefore walking free. At this point, it is important to realize that as much as the victims wish to see the burglar behind bars, it is probable that the final judgment of the court will ...

Doing a research paper in criminal law or legal matters involve a process that is distinct due to the nature of the subject. One feature that is unique in the research process is the use and consultation of legal journals and references that are written for people who are practicing the law. These materials are written in the language that are exclusively comprehensible among those who are oriented with the body of constitutions, often perceived as jargon. Hence, the familiarity with terminologies and construction of the grammar being used among the text are apparent among the scholars of the ...

1) What is the purpose of a plea bargain? The purpose of a plea bargain is to ensure that the defendant gets a minimum sentence if they plead guilty ("Plea bargain," 2016). At the same time, aside from it being a controversial issue, it conserves resources in the criminal justice system. 2) According to the Office of United States’ Attorneys, "When the Government has a strong case, the Government may offer the defendant a plea deal to avoid trial and perhaps reduce his exposure to a lengthier sentence."

A. Do you agree with this statement? Why or why not?

I agree with this statement. For the government to have a ...

Sheila Renee White MAYO, Individually and as Administratixof her Minor Children, Rina Mayo, Jaclyn Mayo andPaige Mayo, Plaintiffs-Appellants,v.HYATT CORPORATION, Defendant-Appellee. No. 89-3576Summary Calendar.

Background Information The case was a collective petition from Sheila Renee Mayo along with her three minor children. It was an appeal case based on the district court’s summary dismissal of their case on grounds of insufficient evidence to support the claim. The claimants had sued the Hyatt Corporation, through Hyatt for the death of Jack Mayo the husband and father of the petitioners consecutively. The district courts found the deceased 100 per cent ...

In Rhone v. Schneider National Carriers, Inc., 2016 U.S. Dist. LEXIS 53346, a national court ordered the applicant to generate the “Download Your Info” file from her social media account on Facebook (Gates, 2016). The “Download Your Info” details contain the entire information of the user’s profile in one file. Rhone was a private injury case occurred because of an accident with a motor vehicle. The defendant, in this case, demanded a copy of all the posts which applicant made on social media websites after the accident. The applicant answered that she had not a single document file, ...

Abstract

When borrowers fail to pay their debt, lenders have a right to recover their loans from borrowers. There is a judicial foreclosure process that every lender has to follow in state of Florida. The state of Florida has witnessed very high rate of foreclosure in recent times in comparison of other US states. There is no other process of foreclosure in the state of Florida while other states provide other states provide alternative ways to foreclosure. Florida is not the only one state where judicial foreclosure is the sole process of foreclosure, but there are several other states that ...

IN THE SUPREME COURT

BETWEEN: CHARLES WAITROSE Appellant and

REPUBLIC OF CANADA Respondent

APPELLANT SKELTON ARGUMENT _________________________________________________________________________

INTRODUCTION AND FACTUAL BACKGROUND

The agreed facts of the case as it was before the trial and first appellate court were that Florence Waitrose, 8, had been suffering from an inoperable malignant brain tumor for six months. Despite receiving significant amounts of medication to help abate her pain, she continued to suffer considerably in the terminal stages of her life. All other curative treatments had ceased, and she was being nursed at home by her parents. Her father, Charles Rose, under the feeling that neither he nor his daughter could cope any longer with ...

Introduction

The English legal system is based on elements of the Christian Bible and its tradition. This comes with some moral concepts like lying about other persons and spreading false information. Defamation is made up of libel and slander. Whereas libel is a false and damaging comment written down, slander refers to such a statement spoken orally. The purpose of this paper is to conduct a critical analysis of the concept of defamation and how it relates to media law.

Basically, every human being has a right to a reputation. Reputation is a kind of personal right that embodies a ...

Based on the case study, it is evident that burglary can be defined in various ways. Breanna comprehends the different aspects of burglary. Burglary is an unlawful entry into a structure with an intention of committing an offense. Breanna has clearly indicated that burglar breaks into a building to commit theft, assault or felony. The offender may not necessary have to physically break into a structure. Trespassing through an open door is another form of burglary. As Brenna defines, there are occasions whereby there are occasions whereby there is no victim present during the burglary. The elements that are ...