Defendants: Case Study

BOQ then agreed to lend Success money to pay out its existing facilities secured by mortgages over properties, and the plaintiffs signed a deed of consent where the parties agreed that the guarantees originally provided to Statewest operated in respect of the BOQ loan. Success defaulted on the BOQ loan. The mortgage property was sold, with a shortfall of over $2,000,000. The plaintiffs commenced proceedings, and (among other things) sought a declaration that the defendant was not entitled to payment under guarantees.

The plaintiff, First Colonial Bank for Savings entered into an interpleader action in the District court to determine who was entitled to the surplus proceeds from the foreclosure sale. The foreclosed property belonged to the defendants, Robert H. and Sherrell L. Bergeron, and the codefendants, Ford Motor Credit Company, the junior mortgagee of the foreclosed property as a result of corporate restructuring Ford Consumer Finance Company was substituted as the defendant for Ford Motor Credit Company. Both the Bergerons and Ford filed motions for summary judgement as they both felt entitled to the surplus. The district court ruled in favor of Ford Motor Credit Company and denied the Bergerons motion. The Bergerons appealed the decision of the District Court because they argued that they filed for and were discharged from bankruptcy prior to the foreclosure sale, therefore they believed that the security interest granted to Ford prior to their petition does not carry over to the surplus funds received after filing the petition.

Identify what issues the judge would take into consideration when setting bond for John. When John goes before the judge has been informed of the formal charges there are many factors to take into account when the judge decides on the bond amounts, criminal records, past history of appearance for court dates, ties to the community, and he is a danger to others. Study bail.

This article talked about the differences between punishments handed out to smiling verses nonsmiling defendants. The study found that a smiling verse nonsmiling defendant had more effects on male juror’s punishment decisions than it did female jurors. This is because a smiling face increases a person’s level of attractiveness. It also found that there were some effects produced by physical attractiveness and a smile when it comes to determining guilt and punishment. The study’s results especially found significant relationships between defendants who were rated unattractive and who were not smiling. According to the article it was much more common for a guilty and unattractive defendant who was smiling to receive leniency in punishment then the guilty attractive defendant who was smiling. However, the results found that men where the ones who were more lenient with the punishment of smiling defendants especially if the defendant was a woman.

The Innocence Project is, “a national litigation organization that is dedicated to acquitting wrongfully convicted “criminals” through DNA testing and through reforming the system to prevent further injustice” (The Innocence). The Innocence project was founded by Barry C. Scheck and Peter J. Neufeld at Benjamin N. Cardozo School of Law at Yeshiva University in 1992, and became a nonprofit organization in 2004. In addition to our co-directors and a managing attorney, there are six full-time staff attorneys and nearly 300 active cases. As a clinic, the law students handle the casework while being supervised by the team of attorneys and clinic staff. To determine whether or not to represent a case the Innocence Project gathers extensive information about each case application, and their intake and evaluation staff researches each potential case thoroughly. The legal staff ultimately determines whether DNA testing can be performed and, if so, whether or not the results will be favorable in innocence. The length of time spent on each case depends on how quickly evidence is found and secured; how long it takes to test the evidence. The Innocence Project also faces many hurdles in litigating theses cases. They include time-consuming and thorough efforts to find evidence; damaged evidence that cannot be correctly tested; lost or destroyed evidence; and prosecutorial objections. From the time a case is accepted, it can take between a year and

Defendant’s position is that knowingly should apply to the acts of the crime and the age of the victim. In other words, Defendant argues that knowingly should apply to (1) the verbs “recruit, harbor, transport, provide, sell, purchase, receive, isolate, entice, obtain, or maintain” the use of a person; (2) a person under the age of eighteen; and (3) the purpose of engaging in commercial sexual activity. The state, however, took the position that knowingly should only apply to the actual acts or elements of the crime and not the age of the victim. In other words, the state argued that knowingly should apply to (1) the verbs “recruit, harbor, transport, provide, sell, purchase, receive, isolate, entice, obtain, or maintain” the use of a person;

In American courts, defendants have three rights: the right to counsel, the right to confrontation, and the right to compulsory process. (Siegel, Schmalleger, and Worrall, 2014) Under the right to Counsel, there are three provisions that govern that defendant's rights which will be the Sixth Amendment, Fifth Amendment, and the Fourteenth Amendment. (Siegel, Schmalleger, and Worrall, 2014, p. 252) Indeed, all of these rights are important, in my opinion, the most important is the right to counsel. According to Arroyo (2014), "The Sixth Amendment of the United States Constitution provides the accused with the right to assistance of counsel for his or her defense in all criminal trials." (p. 1199) This reason alone makes me favor this right over the other ones. This right is fair. It gives anyone accused the right to go get an attorney to help assist with the case before it is heard before a judge. Defendants are given this opportunity if they can afford it or not when it comes to the justice system it is designed to give everyone a fair and reasonable opportunity to defend themselves regardless of the charges.

Discussed with Mrs.Evans parent overdue balance of $1,050. Per Mrs.Evans the parent needs to make 17 payments of 61.76/week towards his outstanding balance plus $13.00 week for tuition fee. I spoke to the father Jean informed him that he has an overdue balance of $1050. I explained he had agreement with Tashari and Mrs.Evans to make payments of $100.00 to catch up on his pastdue balance plus $13.00 tuition fee. This payment was to be made every week. Only one payment of $125 was made as of 12.4.015. I told him that we are going to work with him and lower his weekly payment to $61.76 plus $13.00 tuition fee totalling $74.76 per week. ,but he has to make payments every week or failure to do this will terminate child care services. I also explained

The defendant was still unable to afford to pay for living expenses including, car repairs, and credit card debit, so the plaintiff continued to loan the defendant money until April 2015. The total amount accrued by the defendant was a total of $10,375.85

Also, as Denise has pointed out, the $377,000 installment loan that was removed from the liabilities is a concern. The lender noted that the member did not go through with the purchase, but there is no verification that this is the case. If that liability had been included the ratios, it would have made this loan a CEO level approval with the installment ratio at 113%.

In your correspondence you express concern that the information on your loan application appeared inaccurate and incomplete. Specifically, the documentation you provided pertaining to your assets was not included on the final loan application. Additionally, you question whether your interest rate would have been lower had your complete assets been considered. You were also frustrated that you were required to sign your loan documentation three times.

Your correspondence indicates you were dissatisfied with the level of service received throughout the loan process. You also expressed concern that you were given an inaccurate loan product and was promised a lower down payment than what you paid at closing. Additionally, you mentioned there were delays with your loan documentation and your second loan was financed through another lender, which you became aware of at closing.

Prosecutors need to cooperate with police and provide legal advice. They need to keep all cases strictly confidential and be hard workers. They cannot compensate a witness for giving a testimony and should provide advice to a witness of his or her rights to counsel. The prosecutor also has to act as a legal advisor to the grand jury, they also have to make arguments and statements to the grand jury and present evidence that would be appropriate to present.

You and your loan are under the safeguards of the law. We abide by all laws, statutes, and regulations for our industry so that we always have your trust.

Your correspondence indicates concerns in relation to processing the assumption of your loan. You also expressed dissatisfaction with the manner in which your impound account was handled. You state your payment increased, late fees were assessed, and you never received your monthly statements.