Law Case Study

Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it.

4- The committee and Ms Beckel decided to include a religious studies curriculum in the program. The principal approved of it. However, Ms Wright one of the community members did not. She threatened to show up at the committee meeting with the media. On the day of the meeting, Ms Wright showed up with a placard protesting the use of the bible in public schools.

BIS did not breach duty of care because according to "N.Y. GOB. LAW 18-105: NY Code -Section 18-105: Duties of skiers"  10-11, each skier shall have the duty not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles and to yield to other skiers when entering a trail or starting downhill. Craig neglected his duty to both.

Griffin argued the case for the respondents, two women who filed anonymously for their minor children. One family was Mormon and the other family was Catholic. He states in his argument, "there is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect. We certainly agree with that distinction, but we are not persuaded that the pregame invocations should be regarded as "private speech." In their complaints, the Does alleged that the District allowed the student to not only pray but publicly endorse other proselytizing practices as well, such as promoting attendance at a Baptist revival meeting, encouraging membership in certain clubs, chastising students who held minority beliefs and distributing Gideon’s bibles on school grounds (“Santa Fe” 1). Although the election process for the Student Council Chaplain appears to ensure neutrality, it does not. In fact, it puts students who hold minority beliefs at the mercy of the majority. There is no way to ensure their views are given the same equal respect as the majority views. The election process does nothing to ensure that the prayers given were not an intrusion on minority

I agree with the decision of Tinker because the protest did not interrupt the teachings of the school. The the majority opinion agrees that if the students’ First Amendment does not interrupt the teachings of the school, it's okay. The dissenting opinion by Hugo Black says “The truth is that a teacher of kindergarten, grammar school , or high school pupils no more carries into a school with him a complete right to freedom of speech and expression that an anti-Catholic or anti-Semite carries with him a complete freedom of speech and religion into a Catholic church or Jewish synagogue”. This argument doesn’t work because both a place of religion and school have different purposes. An anti-Catholic would interpret the teachings of a Catholic church. While all that Tinker did was wear a black armband that caused no disturbance in the teachings of the school. The ruling for Bethel v. Fraser is correct because Frasers use of sexual innuendo was to a crowd who was unaware. The court ruled, saying “A high school assembly or classroom is no place for a sexually explicit monologue directed towards an unsuspecting audience of teenage students”. I agree with the decision since the audience were not aware of what was going to happen as. Around 600 14 year olds were present for the speech.

The First Amendment defines and protects the religious rights of all individuals based on the establishment and the free-exercise clauses written into the U.S. Constitution. Public schools are presented with a unique challenge trying to balance these religious freedoms students’ are entitled, while simultaneously maintaining a separation of Church and State. To facilitate an understanding for school personnel, public schools must take proactive steps such as establishing clear policies and organizing workshops to ensure teachers become knowledgeable about a student’s rights to religious expression. Although, these steps may provide important guidelines, they may fall short of eliminating all debates and avoiding controversy among the diverse student population.

The trial court erred and abused its discretion in granting the State’s motion to admit evidence of prior uncharged incidents of domestic violence, because the evidence denied Mr. Davis of his rights to due process of law as guaranteed by the Fifth and Fourteenth Amendments of the United States Constitution, and Article I, Section 10 of the Missouri Constitution, in that the evidence was more prejudicial than probative because it was too remote in time to be relevant to the charged crimes and had a prejudicial effect.

An example of the complications involving religious neutrality, and the difficulties that emanate from trying to respect all representations of religion arise in the Chino Valley school board case. School board president, Andrew Cruz became known for, “opening board meetings with an invocation prayer, but also discussing religion and reading from the Bible throughout the meetings,” (Yarbrough). In the Chino Valley case, the display of explicitly Christian messages and scriptures provided grounds for the atheist group, Freedom From Religion Foundation, to sue for violating the United States, and the California Constitution. The issue of neutrality arises in the decision-making of the Court. If the Court rules for the Freedom From Religion Foundation and agrees that the appearance of the explicitly Christian material has no place in a school board meeting, Cruz and his like-minded believers may feel that their right to practice religion has been infringed upon. However, if the court rules for Cruz, those who identify themselves as being in the minority of religious groups may feel that the Court has respected the majority religion over theirs, thereby ignoring their

I returned Ms Dunlap call. She said wants to place a formal complaint against the CPS worker Miranda Larson because she illegally removed her children based on false accusations. She stated that Miranda, like the entire CW are doing criminal activities. She then asked me if I had talked to her attorney? What was my conversation about, What did I disclose to them? What did they told me about her? "Be honest" she said. I informed her that I do contact her attorney because in one her DHS 0170 form the Discrimination Complaint form, she provided us her attorney's phone number and my conversation was about how can we contact her. She said that we should not be talking to her attorney because she just fired her.

Laws have been put in place of the years to ensure that everyone has equal opportunities when it comes to getting a job, keeping a job, and having access to goods, services, and locations. Several of the laws that have been enacted over the years include the Family Medical Leave Act of 1993, the Age Discrimination Act of 1967, and the Americans with Disabilities of 1990.

Smart Sue is a premiere senior student at MHS! She is in the National Honor Society, takes AP classes, and has been granted a full scholarship to Harvard in the fall! SS is disenchanted with the “I Love Religion” extracurricular group that meets once a month after school to make scarves, hats, and mittens with the logo “MHS Students Love the Bible”, which they give away during lunch. SS feels the group is violating the separation of church and state; hence, she has been tweeting unfavorably about them before, during, and after school and has been quoted as stating, “They simply should be taken care of.” Although the group has not rebuked, the tension is escalating. Furthermore, SS has come to me, accusing Religious Ralph of

Elizabeth Blackwell showed herself as a dedicated and diligent doctor during five years of work in Neurological Associates, and made a significant contribution to the profit margin of the partnership. The partners were delighted with hiring Blackwell in 2005 and they introduced her to medical physicians at a conference. But the referral base Blackwell went through was not the result of that investment by the partnership but instead it was the evidence of her professionalism in neurological sphere.

Many people pay traffic fines in California, but not everyone is impacted in the same way. According to a new report from the Lawyers' Committee for Civil Rights of the San Francisco Bay Area [1], traffic fines in California have an outsize effect on low-income drivers and people of color.

Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice?

Olley v Marlborough Court Ltd [1949] 1 All ER 127 (UK Court of Appeal), Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516 (High Court)