Case Study
I was able to witness series of cases in Brampton court located at 7755 Hurontario Street, Brampton, ON. Initially, I was suppose to attend court dates to witness Acorn to Oak lawyer’s client on November 4th and 5th , 2015, but due to my professional class in school, I missed the 4th of November date. However, I was able to meet up with the agency lawyer on the second day, and then debrief how the case went day before.
CASE #1 As I have mentioned above, I missed the first day of court, but the lawyer gave me a brief background of the client. A male named Neil Hills, in his early twenties. According to the lawyer, he has known Neil since he was born because client’s mother and the lawyer are friends. Neil has been in several troubles
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Actually, I did not witness it, I was told by Acorn to Oak lawyer. He said, the young male disappeared from the court at the middle of his case. At this time, the judge who handled his case ordered for his arrest. According to the Acorn to Oak lawyer, it took 3 months before they could get the young man arrested again. How it happened, police pulled a car over around downtown Toronto, with 3 to 4 young teen male inside the vehicle. The officer saw the young male that match a description of who they have been searching for. After looking in and out the vehicle, police found a gun, and crack cocaine inside the vehicle. This is how he got arrested and placed in jail. On 5th of November 2015, the young man case was supposed to be reopened, and they asked an officer to bring him inside the court. Unfortunately, the young man did not come. Consequently, I was unable to see the end result that day. Nevertheless, for the fact that this young man ran off the courtroom on the day he was supposed to get his case finalize, I think, in my opinion that the judge will sent him to 2 years in prison with 8 months community
b. What medium would you use to reach each of these parties and what would your relative resource allocation be to each?
As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.
(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;
Dan Locallo is a very contradicting man. When he began his career as a prosecutor he was anything but polite to the defense lawyers. Locallo himself describes himself as “kind of an asshole” towards defense lawyers (Courtroom 302, 59). During his time as a prosecutor, Dan Locallo became intrigued by the opportunity to become a judge. When Steve Bogira asked Locallo why he wanted to become a judge, his reply seemed simple. Locallo claimed that he never wanted to become a judge because of a “power-trip” he does claim that “the power of attraction was a great influence” (Courtroom 302, 59). However, Locallo admits that the real reason why he wanted to become a judge was because he would have the “ability to make decisions, to do
Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.
The differences between the defense attorneys were more pronounced at the courthouses. The defense lawyer at the Suffolk County Courthouse was a late 40s female dressed in a bright green paisley shirt and bright green skirt. It was a surprising sight to see something so bright and vibrant, especially when compared to the ADA’s grey suit. By appearance alone I assumed she was a public defender, as her clothing appeared less professional than that of the prosecutor. Additionally, the defender was a young black male with gang affiliations from Dorchester. Given the background of the defendant, and presumed low social class, I assumed the defense attorney was likely a public defender. I was unable to hear her speak during the two hours, so my assumption was based solely on appearance. Upon researching her name, I was in fact wrong; Ms. Rosemary Scapicchio is a well-known defense lawyer, ranked in the top ten nationwide by Lawyers Weekly USA. (scapicchiolaw.com) I will explore the clothing choice later in this paper. The defense attorneys at the Brooke Courthouse were plentiful. Each defense lawyer had approximately two clients, and they were shuffled in and out hurriedly. As such, there was little interaction to view, and I again based
Build the management-research question hierarchy, through the investigative questions stage. Then compare your list with the measurement questions asked.
An aboriginal by the name of Victor Daniel Williams, was charged in the year 1993 with the robbery of a pizza parlour. He was elected a trial by judge and jury where he pleaded not guilty to the crime. His defence was one of mistaken identity, claiming he was not involved in robbery, and that the robbery was committed by someone else. Nevertheless the jury convicted him of robbery . At his first trial, Williams argued that his rights under the grounds of sections 7, 11(d) and 15(1) of the Charter had been violated, given that he was denied the right to challenge potential jurors for cause to determine whether they displayed a racial bias against aboriginals, which might impair their impartiality. Williams challenged that potential jurors were racially biased under s. 638 of the Criminal Code of Canada; which states that “an accused is entitled to any number of challenges for cause on the ground that . . . a juror is not indifferent between the Queen and the accused.” Judge, Hutchinson J, ruled to accept the jurors be challenged with two questions regarding if their competency to critically decide on the case without bias, or if they would be effected by the fact the accused is of Indian decent.
The Fourth Amendment to the U.S. Constitution states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at
In 1789, the final draft of the constitution of the United States came into effect. In article three it calls for "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." In the article it neither says the duties, powers, or any organization of the supreme court. If left this up to congress and to the justices of the court itself for these details.
I immediately noticed that the defendant didn’t have a lawyer, and it shocked me because I don’t usually hear of people successfully defending themselves in court. Before presenting his evidence, he asked the judge a question on how he was supposed to present it, and Judge Green responded by telling him that he had the opportunity to have a lawyer appointed for
The criminal trials I attended at the Boone County Courthouse where very interesting because it was not the first time ever being in a courthouse and courtroom. I have seen some courtrooms through videos of trials or pictures from high profile cases such as the shooter in Colorado who opened fire in a movie theater during Batman in 2012 and I have been to a small courthouse in Calvert County Maryland. The difference between these two courtrooms was the size and number of people present. At the Boone County Courthouse the room was small and had a large amount of people ready to see the Judge. Some of the people present included: the Bailiff, who did his job by making sure everyone had a seat, was situated and quiet during the court
During my Exeter Crown Court visit I observed a defence lawyer cross-examining the victim of a supposed
The Supreme Court has had many different places where it was located over the years. There has been a struggle to find a permanent home for the most powerful court of law. At first, the meetings were in the Merchant Exchange Building in New York City. The court then followed the nation's capitol to Philadelphia in 1790. In 1800 the court again relocated to Washington DC. At first they spent their time meeting in various places. The place to find the Supreme Court now is in Washington DC, on First Street located in Northeast.
Case Study on Legal Proceedings Legal proceedings are a seminal example of a cultural performance. For this case study I observed Murder trial proceedings at the Supreme Court of New South Wales (Taylor Square) - September 2004 The performance of a legal proceeding; its content, manner, actors, audience and setting, all reflect certain cultural and societal traditions evident in the practice of age old English tribunals from which the Australian legal system has derived.