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.

When a law enforcement officer or other public employee is accused of potentially criminal conduct, they may face three different kinds of interviews or interrogations. If an officer is interviewed as a criminal suspect, they have the absolute right to decline to answer any questions, or to insist that they have a lawyer of their choosing to attend the interview. The first is type is during a criminal investigation; the second is during a disciplinary investigation and finally during the course of civil litigation where there has been damages. During a criminal interview, there is no professional, ethical or moral duty to participate especially without the assistance of an attorney to represent the officer under investigation. It has come to a surprise that many experienced officers will waive their right to silence and give the investigators an audio recorded statement. Some of the inexperienced criminals do not make incriminating statements. The motive for cooperation is to avoid unfavorable publicity.

On Monday, March 2nd the year was 1998 and at 9:18 a.m. there was a 911 call. Mr. Kennedy said that at his household, outside by the garage, his step daughter, L.H. (the only name the girl is referred to as in the case) was raped. The stepfather of this girl stated to the 911 operator that two teenagers had committed the crime (Cornell).

On the way home they were stopped by a mask man holding a gun. While Jacob’s brother and friend were released, Jacob was to remain with the man. The two other boys ran home, no arrest was ever made and Jacob was never seen again. Investigators learned soon after that unbeknownst to the community, sex offenders had been living in halfway houses around the neighborhood. Not many years after this event Stephanie Schmidt, a 19 year old college student was raped and murdered by a coworker whom she had no idea was a registered sex offender (“Parents For Megan’s Law”). Her family contributed to laws that would make communities more aware of sexual predators.

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.

It all started on Tuesday of March 11, 2003 in a home located in downtown Brownsville. What seemed like a usual Tuesday evening turned into a dark, cold, and gruesome night for the city of Brownsville. “The Rubio Murder House”, apartment and home to a couple who took the lives of 3-year old little girl, 1-year-old baby boy, and 2-month-old infant girl. The children were horrifically and viciously stabbed and decapitated by their mother and father and later put into garbage bags to dispose of the bodies. John Allen Rubio, along with his wife, Angela Camacho, brutally murdered their children because they believe and had illusions that the children were possessed by demons. Despite the Rubio family members having a background of mentally, and

The Atlanta missing and murdered children case is a progression of murder cases which occurred in Atlanta, Georgia between the eras of 1979-1981, which was a period of twenty-two months initial starting in July of 1979 There were twenty-nine African American kids and young men in Atlanta whom either vanished or were discovered killed (Nickell, 2011). The casualties, generally black African Americans were discovered suffocated. This frightening series of homicides left the city of Atlanta shocked and on high ready. The series of senseless killings also made national and worldwide headlines (Nickell, 2011).

Please answer the questions posed at the end of each case study in essay form.  Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.

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.

" On July 29, 1994, seven year old Megan Kanka, from Hamilton Township, New Jersey, was walking home after playing at a friends house. She had almost reached her front door when Jesse Timmendequas, 33, a landscaper who had lived across the street for a year invited her over to pet his new puppy ( Richard 1 )." " When Megan followed him inside, he led her to an upstairs bedroom, strangled her unconscious with his belt, raped her and then asphyxiated her to death with a plastic bag. Timmendequas then placed Megan’s body in a tool box, drove it in his pick-up truck to a near-by soccer field and dumped her body in some bushes ( Jerome 1 )." This, and the tragic murder of Amanda Wengert, was how the name was developed. But in my paper I did not discuss the murder and raping of Amanda Wengert.

On June 10, 1991 on her way to school in South Lake Tahoe, California, eleven-year-old Jaycee Lee Dugard was snatched. (Biography.com). Jaycee, recollections heading to school wearing her favorite pink ensemble and a ring that her mother had given her that was designed like a butterfly. A car pulled up alongside her at what time she felt a shock go through her body. She recalls dropping to the ground and being lifted into the back of the car and covered with a blanket. She was detained by a woman in the back seat who would be known as Nancy Garrido, and the driver Phillip Garrido. As they drove away, the lone witness would be Jaycee’s step-father, Carl Probyn. Carl, had been observing Jaycee walk to her bus-stop at what time he saw her be snatched up. He tried chasing the car down on a bicycle but was incapable to get a plate number, but was able to get a good description of the car and communicated that there was a man and a woman in the car. Regrettably, the car was not found nor were the suspects. (Bio.comEditors.)

In 2001, after being a patrolman for 5 years, I earned an opportunity and was reassigned to the Detective Bureau, as a Juvenile Detective. My primary assignment was to investigate incidents involving juveniles, child abuse and sex crimes. I spent a great deal of time in the family courts system. In addition, I worked very closely with members of Division of Family Services and other family oriented agencies, where I developed many close working relationships. These were highly sensitive investigations that involved young children and adults. Confidentiality was very important. One of my most challenging cases was an investigation involving a sixteen year old victim, who kept a diary chronicling her sexual abuse by her biological father, which dated back to when she was nine years of age. In the end, he pled guilty and was sentenced to six years in prison. A lot of these investigations were difficult, due to the nature of the crimes. While awaiting trial, I would maintain a certain level of contact with the victim and parent. I would encourage them to continue with the prosecution of the perpetrator and see the case through. The majority of those investigations resulted in municipal and state convictions. Although, these types of investigation were challenging, they have been educational and instrumental in my career.

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)

As the case explains, economic changes are a big concern for Danaher’s success. The following topics will be analyzed in addressing those concerns: Business-Level Strategy, Corporate-Level Strategy, External Analysis, Internal Analysis, Recommendations.