Work-Product Privilege Definition

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.

There are several cases that have gone through the United States Supreme Court where prosecutors have not disclosed evidence to the defense, that could in turn help the defense’s case such as in the case of

Gertner, N. (2012 May). On competence, legitimacy, and proportion. Pennsylvania Law Review, 160(6), 1585-1597. doi:Ebscohost database

It is largely unclear what standard the Court of Appeals would use for an appeal on this issue. A question of whether a document falls under work product is subject to unlimited

Id. at 1217. The defendant also became a certified technician during his employment because the employer dedicated so much time and money in the training an inexperienced employee, the court held there was a legitimate business interest in need of protection. Id. at 1216.

Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)

It is somewhat surprising that employers continue to violate employment laws dealing with discrimination. One case, Catterson v. Marymount Manhattan College, litigated and settled in 2013, was especially egregious. According to the EEOC (2013), the college had refused,

Part I: Overview of Case (who is involved and what they are arguing, as well as all possible theories, defenses, and torts involved)

Even after a defendant has been convicted, prosecutors have an ethical, sometimes legal, duty to preserve a copy of discovery material as well as physical evidence. The prosecutor has an ethical duty to make reasonable efforts to assure that the accused has been advised of their right to have an attorney present in court. They also have an ethical, legal and constitutional duty to disclose most of the evidence they possess to the defendant once the defendant has been charged with a crime. However, the individual rights of the defendant must be upheld, even if this means that the prosecutor does not obtain a conviction.

19) The Plaintiff became a State employee on January 2, 2005 with the State of Wyoming Department of Environmental Quality (WYDEQ) as Senior Environmental Analyst, and a permanent State employee on January 2, 2006. The Plaintiff then had a constitutional property right in the employment. The employment contract requires specific compliance and following those requirements is prescribed by due process of law. When those processes are deviated from the Plaintiff has his Constitutional rights violated.

Often the defendant's lawyer will try and deceive the pro se’ litigant into waiving their rights by saying “you are not an attorney, and “therefore cannot invoke work-product privileges”. However, that statement is not true. According to Meza v. H. Muehlstein & Co., Inc. (2009) 176 Cal. App.4th 969, 970 [98 Cal. Rptr.3d 422] (Meza) The privilege may also be asserted by a pro se’ litigant because the privilege is intended for the protection of litigants, not just attorneys; Dowden v. Superior Court (1999) 73 Cal. App.4th 126, 134 [86 Cal. Rptr. 2d 180] In

Bennett-Alexander, D., & Hartman, L. (2009). Employment law for business. (6 ed., pp. 247-249). New York, NY: McGraw-Hill/Irwin.

Attorney Client Privilege and the Work Product Doctrine are two separate and distinct issues and should be treated within the legal world as separate disclosures.

This report reviews and analyzes individual rights afforded by the constitution and their applicability to the suit for wrongful termination in the case of Korb versus Raytheon. The specific constitutional rights under review are the freedom of speech, freedom of information and challenges associated with employment law. Lawrence Korb, a former Assistant Secretary of Defense and current employee of Raytheon, a large equipment manufacturing company for the U.S. military was terminated after making public statements criticizing defense spending and calling for a reduction of Navy’s fleet. Raytheon, a manufacturer of

Before explaining defense pro se we have to define the meaning of the term pro se. The definition of pro se means oneself in Latin terms, however, defense pro se is normally when a defendant chooses to represent themselves in the court of law. Normally, defendants who choose to go pro se, choose this method because lack of funds or even defendants make claims of public defenders lackluster efforts to properly defend them (Lamance, 2015). Nonetheless, defense pro se may be the logical way to in a smalls claim court or in civil court when the defendant freedom is not in jeopardy. For example, Robert Kearns was successful with choosing to go defense pro se when he had a patent for inventing the windshield wiper in the Detroit area and