On Monday, July 25, I spent most of my time reviewing the trials scheduled for this Tuesday. Rather than attending pre-trial conferences with Liz this Tuesday, Kathleen has permitted me to sit in on one of her bargaining meetings, so I decided to only research the afternoon trials that I will sit in on rather than the usual cases scheduled for pre-trial. I am excited for this opportunity to learn more about contract law and to observe the proceedings of a bargaining meeting. There are two cases set for trial on Tuesday, each being some form of theft. The first case is retail theft, meaning that Liz must prove that the defendant violated Manitowoc municipal code ordinance 14.600 (2) stating that the defendant intentionally altered indicia of …show more content…
Often times, this kind of evidence is not admitted due to a lack of relevance to this case or attempting to use the defendant’s character as proof that he/she is guilty is this case. As a research project, Liz had me find some ways to admit prior cases of theft using the book Evidentiary Foundations: Seventh Edition by Edward J Imwinkelried which gives an in depth explanation of the Federal Rules of Evidence. I found that according to rule 404(b), the prosecution may introduce evidence of uncharged misconduct in order to serve as proof of motive, opportunity, intent, preparation, etc. I then compiled a draft of a direct examination in which Liz would be able to admit information about the defendant’s history of theft onto the record. Liz was impressed with the line of question that I came up with, and even incorporated it into the direct examination that she would give on …show more content…
I noticed this particular phenomenon this week in the bargaining meeting between the city and the transit union. Something brought up in the meeting was that the union wants funeral leave for the death of an aunt or uncle added into their contract, and brought up a story of a former transit driver not receiving leave for the death of his uncle to justify why this additional leave is necessary. From a legal standpoint, Kathleen rejected the union’s proposal, because most employment contracts do not include leave for the death of an aunt or uncle, and as a lawyer, she was not convinced by their sob story. I think that narrowing stories down the the legal aspect is an important trait of a lawyer, however, in some cases (especially criminals, domestic violence, etc.) it is also important to consider what the client has to say about the situation. I think
Mr. Slim Jim verbally submitted an offer to Mr. Potbelly who proceeded to accept Mr. Slim Jims’ offer unequivocally (pg. 122). The “Basic Requirements of a Contract” (pg. 107) were completed. In this bilateral contract (pg. 107), “Communication of Acceptance” (pg. 123) was evident as Mr. Potbelly responded “Sure I’ll take it” when Mr. Slim Jim submitted an offer for the pottery and enthusiastically replied “I’ll take it!” when Mr. Slim Jim gave him an offer of cash for his home. As a result of this, Mr. Slim Jim is suing for the “right to obtain specific performance” asking that the agreement be upheld. Also, according to “admissions” (one of the “exceptions to the statutes of frauds” (pg. 175) Mr. Potbelly’s agreement should be upheld.
Founders of the United States of America believed in providing the people of this great nation with a fair, and impartial judicial system. The basic rights of the people, which are listed in the Bill of Rights, needed to be respected and protected by the government. Abraham Lincoln once said “Government of the people, by the people, for the people, shall not perish from the Earth”. Every part of the United States government has a duty to protect the people that gave the government power, and one organization in particular plays a very large role in this charge. The Judicial System of the United States America is a complex organization constructed to uphold the authority of the Constitution, and federal law. The judges within the
This essay will explore how prosecutorial misconduct causes wrongful convictions in both the United States and Australia. This essay will also argue that rehabilitation and compensation should be provided by the state. A major flaw in the criminal justice system not only in the United States but also in Australia, is the failure to set forth a plan for the people who were exonerated to be accepted back into society. The lack of a plan for rehabilitation for the exonerated poses a problem for society since some might find it easier to find a job in prison then in the real world, this process makes it immensely difficult for prisoners to get acclimated back into society. The Australian Law Review Committee is an entity which evaluates and gives
Wrongful convictions are common in the court-system. In fact, wrongful convictions are not the rare events that you see or hear on televisions shows, but are very common. They stem from some sort of systematic defect that lead to wrongful convictions such as, eyewitness misidentification testimony, unvalidated or improper forensic science, false confessions and incriminating statements, DNA lab errors, false confessions, and informants (2014). Bringing awareness to all these systematic defects, which result in wrongful, is important because it will better adjust the system to avoid making the same mistakes with future cases. However, false confession is not a systematic defect. It does not occur because files were misplaced or a lab technician put one too many drops. False confessions occur because of some of psychological attempt to protect oneself and their family. Thus, the courts responsibility should be to reduce these false confessions.
7. The Taylors bought an ocean front lot in Oregon. The next year, Staley bought an ocean front lot south of the Taylors and built a home on it. Over the years, Staley often expressed concern that when the Taylors built their house, they could block her view. They said they would not. When they began planning their home, they asked Staley to submit a letter in support of a setback variance they sought. She said she would as long as her view wasn’t blocked. They again told her it wouldn’t be blocked. When the house was built, it partially blocked her view. She sued for breach of an
Identify the battery issue involving defendants Green and DeVon in the case of Paur v. Rose City Dodge, Inc
Discretion in policing and the court system is a necessary and unavoidable facet of criminal justice work, yet it is still very controversial. Discretion exists when courtroom actors (police officers, attorneys, judges) have the flexibility to choose an appropriate response to a situation. Police discretion is defined as “The opportunity of law enforcement officers to exercise choice in their daily activities” (Nowacki, 2015). This means that actors with a great deal of discretion at their disposal may allow biases to affect their decision-making. These decisions lead to important implications throughout the criminal justice process, especially in the courtroom. The process begins with the decision to arrest by a law enforcement officer in the field. Once the case is forwarded to the prosecuting attorney, multifarious avenues of discretionary decisions are available to resolve a case. Potential issues that could arise and that are ever-present in everyday policing include racism, sexism and socialism (Miller, 2015). These issues ultimately have a negative affect on the criminal justice process, leading civilians to not trust the one process and actors that are there to help them. While discretion should play a role in the actions a courtroom actor takes and cannot be eliminated entirely, instead it should be limited and controlled throughout the criminal justice environment so that citizens can once again trust the process and so that there will be no disparities.
15–1. Liquidated Damages. Carnack contracts to sell his house and lot to Willard for $100,000. The terms of the contract call for Willard to make a deposit of 10 percent of the purchase price as a down payment. The terms further stipulate that if the buyer breaches the contract, Carnack will retain the deposit as liquidated damages. Willard makes the deposit, but because her expected financing of the $90,000 balance falls through, she breaches the contract. Two weeks later, Carnack sells the house and lot to Balkova for $105,000. Willard demands her $10,000 back, but Carnack refuses, claiming that Willard’s breach and the contract terms entitle him to keep the deposit. Discuss who is correct. (See Damages.)
While all of the topics that we have covered throughout this course have been troubling, the topic of prosecutorial misconduct is to me one of the most distressing; the mere thought of the possibility of misconduct by prosecutors gives me the chills, and the numerous examples featured within the assigned chapter readings, in addition to the online articles, only further my skepticism in the legal system and those individuals holding official positions. There appears to be a lot of similarities between prosecutorial misconduct and the topics that we discussed as possible reasons for faulty forensic science, such as a common trust bias in police officials, lack of universal standards, and other cognitive biases such as confirmation bias and belief perseverance.
If an attorney or judge cries when hearing a sad story from a witness it might be perceived as unprofessional. A Dr. shouldn’t express anger toward a nurse in front of a patient.
Discretion is the eminence of once behavior or the way of speaking in order to avoid any offensive occurrence or speaking up any private issues or information in public. It is the self-determination for someone to choose or think what should be better to be done in particular circumstances. Especially for a judge, a public official or other private party has the authority to make decisions on any legal matters or other big official subjects. Thus, a person who is authorized with the power of discretion often thinks about how to apply the given supremacy.
Case Briefing #2 Vizcaino v. US Dist. Court for WD of Wash., 173 F. 3d 713 (9th Cir.1999)
case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.
Bifurcates the issue of forfeiture from the criminal trial in future cases. [Health and Safety Code § 11488.4(h)(5)]
Police executives have always had different issues within the police department. Most police executives try to find a quick fix in order to solve the issue of police misconduct. Police misconduct is defined as inappropriate action taken by police officers in relation with their official duties (Police Misconduct Law & Legal Definition, n.d.). In order to solve this issue, one must acknowledge their different challenges, overcome the “code of silence”, and find out the role of organizational culture.