Category: Law

Court Systems

Compare & contrast the court systems of Spain & Canada

Information should include describing the functions , role  and responsibilities of the Court System for these countries Criminal Justice System. Include if they have a state and federal system( what type of cases do they handle, who are the stakeholders( people involved in court processes, judge selection process, judges discretion, types of cases they handle, appeal process, etc. )

Make sure you include mission/ role of the Courts for the 2 countries selected- be specific
Describe  a minimum of 5 processes of Courts for each of the countries

Describe 4 similarities and 4 differences of each Country court system (How are these countries alike and how are they different? )

Provide an illustration( graph or picture that you found or created to show how the Courts for each country is structured.)

Make sure you cite a minimum of 4 scholarly sources in APA format.

Part I: Law Enforcement Officer Arrives at the Scene Scenario

Read the text scenario below:

An eighteen-year-old high school student walks to class carrying a backpack. He is stopped by the school security guard and his backpack is searched. A loaded handgun is discovered.  The school security guard takes the student to the principals office. The principal calls the local police.  In the state where the school is located, it is illegal to carry a concealed weapon without a permit and all weapons are prohibited on campus.

Officer Smith arrives at the school approximately 10 minutes later.  Officer Smith takes a statement from the school security guard and searches the students backpack. He seizes the gun and places the student under arrest.  Officer Smith then asks the student if he would like to make a statement to explain why he was carrying a concealed weapon on campus.

The student replies, What weapon? Thats not my backpack and I never saw that gun before.

The student is then transported to the local jail. However, on the way to the local jail, Officer Smith asks the student again why he brought a loaded gun on campus. The student admits that it was his gun and stated that he needed it for protection.  Upon arrival at the local jail, the student is booked.  Six hours later, the student is interviewed by a Detective Columbo.  The detective reads the student his Miranda warning and asks the student if he would like to make a statement.

The student replies, No, I want a lawyer.

Write a one to two (1-2) page paper in which you:

Examine the Constitutional Amendment(s) that would relate to this situation.
Outline the appropriate procedures you would need to follow to comply with the associated Amendments to ensure admissibility of evidence.
Evaluate the officers actions and determine whether his search, the students confession, and the weapon discovery were lawful and/or admissible. Provide a rationale for your opinion.
Use at least two (2) quality references. Consider using the Cornell Law website located at https://www.law.cornell.edu/constitution/index.html. You are also encouraged to use the Strayer University Online library (https://research.strayer.edu) to locate academic resources.  Note: Wikipedia and similar websites do not qualify as academic resources.
Part II: Arrest and Trial Scenario

Read the text scenario below:

Tyler, a well-known escort service provider in his community, is suspected of the murder of an escort who worked for him. The local police met Tyler at the airport when he arrived from a trip to Cancun. He is arrested for his suspected connection to the murder of the escort. The police do not inform Tyler of his right to remain silent or his right to counsel. They immediately begin to interrogate him. They continue to question him until he admits that he knew the prostitute and that she worked for him. He also admits that he was with her the night of the alleged murder. Tyler is transported to the local jail and booked. The prosecutor files charges of First Degree Murder against Tyler. Tyler does not waive his rights to a speedy trial. He asks that an attorney be appointed and demands a trial by jury.

Write a one to two (1-2) page paper in which you:

Examine the Constitutional Amendment(s) that would relate to this situation.
Identify and discuss four (4) elements of arrest.
Identify and discuss the Constitutional Amendments that would relate to this situation.
Describe the appropriate procedures to comply with Tylers rights to due process.
Examine any potential consequences that might occur if his right to due process is violated.
Use at least two (2) quality references. Note: Wikipedia and similar websites do not qualify as academic resources.
Part III: Correctional Officers and Rights of Inmates

Hudson v. McMillian is a U.S. Supreme court case involving the excessive force resulting in a claim of cruel and unusual punishment under the Eighth Amendment. The courts decision resulted in the five-pronged Hudson test, also known as PANAM:

(P)erceived threat by correctional officers;
(A)ny and all efforts to deescalate;
(N)eed for the application of force;
(A)mount of force that was used and;
(M)edical issues, and extent of any injuries, that are used to evaluate cases involving any use of force before trial and after conviction.
The test helps the courts determine whether correctional officers actions were reasonable, necessary, and conducted in good faith (as opposed to malicious, unreasonable, and unnecessary).

Watch the video scenario and take notes as you watch: CJ in Practice Constitutional Issue: Depravation of Inmates Rights

Write a one to two (1-2) page report in which you:

Summarize the events of this scenario and the persons involved.
Examine the Constitutional Amendments that would relate to this situation and whether the rights of the inmates in this scenario were violated. Support your opinion.
Determine whether the incidents pass the five-pronged Hudson test discussed above.
Recommend how the Sergeant should respond to the behavior of the officer(s). Support your response. 
Use at least two (2) quality references. You are encouraged to use the Strayer University Online library (https://research.strayer.edu) to locate academic resources. Note: Wikipedia and similar websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:

This course requires the use of the new Strayer Writing Standards (SWS). Take a moment to review the SWS documentation for details. If you prefer to use APA style, discuss with your professor.
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow SWS or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the students name, the professors name, the course title, and the date. The cover page and the reference page are not included in the required page length.
The specific course learning outcome associated with this assignment is:

Make sound ethical decisions with consideration for legal precedence, supreme court decisions, statutory laws, and constitutional amendments.

Need Sunday 2/23/2020 @ 8:30 Pm Assignment Three: Permissions

**********PLEASE READ INSTRUCTIONS*********

 

Introduction

When creating content incorporating other peoples work, it is crucial to ensure that you have all the rights necessary to use the content for the purposes you desire. Getting permission is the obvious way to secure your position, but is it always necessary? There are defenses that can make permissions superfluous, but will distributors and employers accept that risk? Will you? This activity involves reading a comic book that chronicles the adventures of a documentary filmmaker trying to navigate the complicated tangle of copyright laws in order to make a movie about New York City. This assignment will open your eyes to the possibilities.

Objectives

  • Identify protectable interests and rights holders
  • Discern lawful use of others intellectual property and personality interests
  • Describe how to preserve ownership rights in intellectual property and personality interests
  • Understand how intellectual property laws and personality interests can be violated, along with potential penalties
  • Assess content utilization from a legal and community perspective
  • Exploit rights through use and licensing

Assignment Instructions

Review “Permissions” PDF for further details and information to complete answer all questions.

  1. Read the comic book Bound by Law, below or online at (80+ pages)
  2. Complete the following worksheet.
  3. Check the completed worksheet before posting to ensure the text saved. Take screen shots of the completed worksheet as a safeguard because sometimes the PDF doesn’t save the text. You may upload the screen shots if the PDF doesn’t work.

Deliverables Due

  • Completed 4-page worksheet uploaded to FSO.

Paper

Essay question: Although written several decades ago, how might Shaw and McKay’s theory help to explain the occurrence of street violence in today’s inner-city communities?

Essays must be at least 1,250 words long (that’s the equivalent of about 5 pages of double-spaced text in a word processing document). Pick one (1) question from the list below that is of interest to you, and write a minimum 1,250-word response. Full credit will be given for responses that apply scientific and evidence-based proposals for solving problems. (HINT: Use information from our readings, my lecture notes, and even external scholarly sources to craft your proposal. Proposals based on idealism, relative morality, or religious ideology will not receive full credit.).

One last note regarding source material — and this applies to essays and videos. Encyclopedias (like Wikipedia), and sites like About.com are good starting points, but they should not be used as primary sources. (In fact, by definition, they are not primary sources.) For example, if you find information about poverty in an article on About.com, look up their original source and confirm the information for yourself. The  makes it so easy to find information via their Web site, there really is no excuse for being sloppy about finding original sources. Research articles in academic journals, research books, and book chapters in edited volumes (including our course reader) are good examples of original sources. I will also accept newspaper and magazine articles (print or electronic) as sources if you confirm that their authors have gathered their own research. The New York Times is a good example. A Capitol Hill lobbying group’s newsletter is not a good example. You do not need to include copies of the original sources. Just be sure to cite the material appropriately so that if your reader (me) wants to look up the information, he can do that. Use of American Psychological Association (APA) style is required. You can learn APA style .

Criminal Justice

In which broadest sense, can the behavior of Criminal Activity best be explained?

Which disciplines, if any, (or combination) provide an adequate explanation of why some individuals commit criminal behavior? (i.e. Sociology, Biology, Psychology, Physiology, Physics, etc. )

Prove an example based on your response.

STRICT LIABILITY, PRODUCT LIABILITY, CONSUMER PROTECTION

STRICT LIABILITY
Tell us whether the statements are true and false and why or why not.
A reasonable person standard is applied to strict liability questions.
Strict Liability is imposed for reasons other than fault.
Strict liability holds a defendant liable for the results of his or her actions only if those results were intended.
One of the requirements for a suit based on strict liability is a failure to exercise due care.
Assumption of risk is a defense to strict liability.
Strict Liability applies only to abnormally dangerous activities.
Strict liability requires the proof of a duty of care.
Tell us whether the statements are true and false and why or why not.

PRODUCT LIABILITY
Real Chocolate Company makes a box of candy, which it sells to  Sweets Things, Inc, a distributor,  Sweets sells the box to Tasty Candy store, where Jill buys it. Jill gives it to Ken, who breaks a tooth on a stone the same size and color of a piece of candy. If Real, Sweet, and Tasty were not negligent, can they be held liable for Ken’s injury? Explain in detail why and why not.

CONSUMER PROTECTION
Spot the issue and explain the related law to the solution.
EZ Electronics, Inc advertises Fiery-brand computers at a low price. EZ keeps only a few in stock and tells its staff to switch customers attracted by the price to more expensive brands. EZ tells its staff that if all else fails, refuse to show a Fiery, and if a customer insists on buying one, do not promise delivery. Joan comes into the store one day pursuant to the ad and insists on the Fiery. Gerald refuses numerous times and tries to get Joan to buy a more expensive computer. Joan knows that the Fiery is what she wants and that the store should deliver it to her. What can she do to get her computer?
Gert buys a notebook computer from EZ Electronics. She pays for it with her credit card. When it proves defective, she asks EZ to repair or replace it for free, but EZ refuses. What can Gert do?

Discussion 7-9

 

WEEK 7 DISCUSSION – “Stare Decisis” and the “Judicial System” Please respond to the following: 

  • Define and explain what personal jurisdiction and subject matter jurisdiction mean and how these terms are relevant to one who does business in different states.  What about a business that engages in international dealings, which court could the business be sued in and why?  Provide support for your answers.
  • Each year, the U.S. Supreme Court issues around 100 legal decisions. The decisions are final interpretations of the law because of the Doctrine of Stare Decisis.   Explain Stare Decisis and select one U.S. Supreme Court decision issued in the past year relating to the regulation of business or likely to influence business today and provide your thoughts on whether you agreed or disagreed with the Court’s opinion.   Support your position and include your sources for information and cases.  Remember the focus of this discussion is how the decisions by the Supreme Court can affect a business and doing business today! 

 

WEEK 8 DISCUSSION – “Rules of an Employer” Please respond to the following: 

  1. Explain the Employment-at-Will Doctrine and identify and explain ALL the exceptions. If your employer does not like your hairdo, can he fire you?  Pursuant to the doctrine, explain your answer per the law.  
  2. Identify and provide the exceptions to the EAW in your home state and include your source for information. 
  3. As a small-business owner, you are faced with rising costs, particularly employment costs, insurance, etc. You decide to hire some friends and pay them as they work rather than go through the expense and procedure of bringing in actual employees. Your friends wear the business uniform, deal with vendors and customers, and tell friends and family that they work for the business. One friend orders way too much from a vendor.  
    • Explain Agency Law terminology and the three ways an Agency relationship is created per the text reading.  What are the implications of Agency Law that apply in the above scenario? 
    • Since the person who ordered was not an employee, is the business liable to pay for the improper order?  Why or why not?
    • When is a business liable for an employees actions and, how is “scope of employment” relevant?  Please use legal language to demonstrate your understanding of Agency Law and liability.

 

WEEK 9 DISCUSSION – “Employee Welfare – Safety and Health in the Workplace” – Please respond to the following:  

Brad is an air traffic controller who has had significant problems with high blood pressure. He has changed his diet and takes medication, but the problem persists. His wife thinks he should find other employment because his job is very stressful and contributes to his high blood pressure. She believes that if he continues at the job, he could have a heart attack.  Brad is an avid runner and healthy otherwise. Brad has no training for any other job. Based on this scenario, you are Brads boss.

  1. Determine what the companys options are and whether Brad qualifies for workers compensation due to his health issues.  Be sure to explain when you are eligible for workers compensation and what the law is. Analyze the key legal and ethical issues faced by the employer throughout the process.
  2. What is the Direct Threat Defense and, could you argue the government is immune from liability if Brad sues? Why or why not?
  3. Considering the effect of workers safety rights on global and developing economies, take a position on whether or not the U.S. government should regulate the global workforce?   Do U.S. companies have a legal duty to their foreign employees working outside the jurisdiction of the United States?  Why or why not?  Justify your response.

How china property law need to bed change

need to be specific about one of the section and how to change it.
The thesis was This paper proposes that the definition of  valid period of property in section 149  of the The Property Law of the People’s Republic of China should be clearly defined to prevent more disputes between land use rights and Property rights.
The thesis can be change and please  figure out the clear definition and you can add a portion.
Want three page outline
1.intro
2.compare to other country
3.cite
need a lot of cite.

Personal Impact: Sexual Values Reflection Paper Assignment

Personal Impact: Sexual Values Reflection Paper Assignment – Due Tuesday
Based on our class discussions about influences on sexuality, you will write a brief response paper about things that have influenced your values around sex. Think about how family, friends, religion or faith, media, school, images, personal experiences, etcmay have influenced your values towards sex, sexuality and your sexual identity (gender identity, sexual orientation & sex/gender role).

What to write: Write a definition of sex and sexuality, and sexual identity, in the context of this assignment. Make the definition clear so that someone outside the class can understand it. Give supporting examples of your definitions.

Describe the influences that have shaped your values and how that has impacted your sense of your sexual identity.

This paper is a reflection paper and should present your values and beliefs; I am interested in having you practice articulating your ideas and opinions. You do not need to turn to outside sources, but if you do, correctly cite them.

Be sure to include a title, your name and your student ID on your paper. You will submit your paper into Turnitin.com directly through this link.

Grading criteria:  Must address the prompt, should state what your values are, should give specific examples of influences, should detail how factors mentioned influenced these values, must be a coherent essay, good flow and easy for reader to follow, linear and/or organized thought, good paragraph focus, must be proper length, grammar and spelling should be largely correct.

Note: This class will have developmental and second language writers, so there may be grammatical and spelling errors present. But I am interested in content; good content can come through unless there are dramatic errors at the sentence level (i.e., punctuation, word choice, grammar, spelling, etc) which interfere with expression of ideas and thoughts.

Length:  Word count should be between 750 – 1,300 words total.

This writing assignment is worth 50 points.

50 points is a perfect paper. Most diligent students with a few errors score between 49-40 points.

Paper similarity index score on Turnitin should not exceed 20-25%. Any plagiarized papers will receive a 0.

I hope you enjoy writing this piece – my grading team and I all look forward to reading your insightful work!

IP5

 

Assignment Details

  • Based upon feedback given by the instructor, revise your presentation of the group’s emergency response plan.
  • In addition to revising the presentation, address the following questions in 3 pages:
    • 1. What were the most significant challenges that your group experienced while drafting the emergency response plan? Explain in detail.
    • 2. How did your group overcome these challenges? Explain in detail.
    • 3. What best practices do you think are essential for successful emergency response planning? Explain.
    • 4. How were those best practices utilized in your group’s planning process? Explain.
  • Be sure to reference all sources using APA style.