Tag: Law

Week 3 Assignment – Reasonable Suspicion Versus Probable Cause
Overview
Law enforcement officers use two methods to investigate possible criminal activity: reasonable suspicion and probable cause. Reasonable suspicion means officers have a reasonable belief, sometimes called a hunch, that criminal activity may have occurred. They have no hard evidence to support their belief. Probable cause is more concrete. Probable cause means officers are not just suspicious that criminal activity has occurred; they think it’s likely, or probable, that criminal activity has taken place. Many times reasonable suspicion may evolve into probable cause. This is not always the case, however. Initial contact between an officer and a subject often involves reasonable suspicion rather than probable cause. This is a two-part assignment. Be sure to complete both parts.Instructions
Part 1
In Part 1 of this assignment you are required to write a one- to two-page narrative in which you: 

Distinguish between reasonable suspicion and probable cause. 

1. Be sure to illustrate your distinctions between these two terms with examples.  

Develop a checklist with a series of questions to ask when assessing reasonable suspicion Versus probably cause (for example, What drew your attention to this particular person?). 

Part 2
In Part 2 of this assignment, you are required to examine the 10 scenarios contained in the Reasonable Suspicion Versus Probable Cause Template [DOCX].

Note: The first scenario is completed for you as an example to guide your work on the remaining nine scenarios. 

For each scenario in the template:

Determine whether reasonable suspicion or probable cause applies to each scenario.

Your task for this assignment is to write the first full draft of your paper’s Literature Review section. The draft should be four paragraphs in length. Be sure to keep your writing formal; remember, this is a draft for an actual section of your final paper. Your paper should begin with the heading “Literature Review” and be double-spaced and in paragraph form.

Be sure to heed the advice discussed in class(file attached). Do not list studies one-by-one. The trick is to synthesize the literature in a way that helps the reader understand where your research fits into the current “state of the art” on your topic. You already have eight articles to draw from, although you may find it easier to do this assignment if you were to go out and retrieve a few more.

Your first three paragraphs should each revolve around a particular theme – recall Luker’s notion of the “bedraggled daisies” (e.g. Venn diagram) FILE ATTACHED – rather than a particular study. In other words, in each of the first three paragraphs, your goal will be to tell us generally (the “forest”) what the literature says about this subject, using particular studies (the “trees”) you came across as examples. (Quoting studies is okay, but try to keep it to a minimum.)

The fourth and final paragraph will briefly summarize the first three paragraphs before mentioning 1) what has not yet been examined in the literature and 2) how this study will fill that “gap.”

Things I will be looking for:

Did you conduct a decent review of the literature?
Did you sufficiently synthesize the literature rather than merely listing sources? Did you clearly convey the main themes and their relationship to your topic? Did you wrap up by identifying a “gap” in the existing literature?

Write 6 questions that you’ll use in your interviews. 

Discussion Question 1: Jane Lou Case: Who Is Liable?

The following discussion question addresses ethical rules regarding client confidentiality. After reviewing assigned course materials and conducting brief research on any pertinent laws, including state bar rules of professional conduct and disciplinary cases in your jurisdiction, answer the following discussion question.

You work for a major law firm representing a famous entertainer, Jane Lou. Her former boyfriend who has taken nude photos of her wants to publish them in a tabloid. Lou has retained your firm to represent her in a case to prevent the tabloid from publishing the photos. She brings copies of the photos to the firm. Your attorney gives them to you and asks you to file them. As you glance through the photos prior to filing them away, you are called out of your office on an urgent matter. In your hurry, you leave the photos in an envelope on your desk intending to file them away later. When you come back to your office, the photos are gone. They appear in another tabloid the next day. Lou is now suing your firm, your attorney, and you for malpractice.

Based on the above information, answer the following questions:

• Identify who is liable and what causes of action Lou may have against you, your attorney, and the firm.
• In addition, examine any defenses that may be available.

Discussion Question 2: Torts and Medical Malpractice

Research medical malpractice laws in your state and answer the following questions:

• How is medical malpractice defined in your state? Give an example of a recent case from your state.
• What is the statute of limitations for medical malpractice claims?
• Does your state limit damages? Are punitive damages allowed?
• What limits, if any, are there on attorney’s fees?
• Are there special restrictions on expert witness testimony for medical malpractice?
• Are the parties required to submit to alternative dispute resolution (ADR) before a hearing is scheduled?
• Do you think injured defendants should be required to submit to ADR? Why or why not?

Topic is “essential Fascility doctrine and how that applies to refusal to licensing.” I have also attached resources and below message is given to me by prof/

“essential facilities” doctrine and how that might apply to a refusal to license. I think it would be a better project for you to develop that section more analytically. I think that will be more productive; and it would be a good wrap-up of a number of issues we discussed, and therefore would be a better learning experience than trying to take on all of the topics you treated in the draft. I hope you agree.

Here are some thoughts to get you started:

In Trinko, Justice Scalia wrote: “We have never recognized [the essential facilities] doctrine … and we find no need to recognize it or to repudiate it here. It suffices for present to note that the indispensable requirement for invoking the doctrine is the unavailability of access to the ‘essential facilities’ …..” The Circuit courts have understood this in different ways. Some think that Scalia’s overall negativity forecloses relying on the essential facilities doctrine; others think that it can still be relied on. The Ninth Circuit, in particular, continues to think that it is viable (Aerotec v. Honeywell, 836 F.3d 1171, MetroNet Services v. Qwest Corp., 383 F.3d 1124, and a few California district courts e.g., North Star Gas v. Pacific Gas & Electric)). How should the doctrine be applied in the context of a refusal to license a patent? Since (as we discussed) the essential element of patent protection is the right to exclude others from using it, unless they are licensed, how might you harmonize a court-ordered requirement to license with the rights of a patentholder? Suppose that the patentholder denied the renewal of a license to a licensee where the expired license had been profitable for both parties. Should that matter (think Aspen Skiing)?

please use many law cases from above big message and from google for US law

Instructions

For this assignment, you will write an essay about the role of competency evaluations used in criminal proceedings. Explain why you agree or disagree with competency evaluations of witnesses. Provide one hypothetical example to support your point of view.

Summarize the (a) purpose of the study (the questions examined), (b) how these topics were examined, and (c) the notable findings and recommendations. 

• Discuss and provide a reaction to what you learned.  What did you find to be interesting? 
• Do you agree or disagree with the recommendations?
• What is a question that you have for a classmate?  

A number of short articles concerning tactics and legal considerations for the Reid technique of interrogation.  Review at least five (5) of them. 

• Provide a summary of what you learn and a reaction. 
• How does what you learned relate to criminal procedure?
• Post at least two questions for your classmates to consider. 
• What did you find to be interesting?  
• Discuss what you found to be interesting, have an insight about, or have a question about.  

Find someone who has been sick or still is sick and who is willing to talk about his or her illness experience. It is preferred that you do not interview someone close to you whose illness experience you lived through. Do not use the real name. Give yourself an hour to go through these questions in person. Tell your interviewee that this is an assignment for the humanities course called “I Feel Your Pain: Illness and Empathy in the Arts” at Excelsior College. Begin your interview by stating the questions below and making a note of each response.

Here are the interview questions:

• When did you first feel sick? What were your symptoms?
• Did you get a diagnosis and, if so, how soon after you felt sick?
• Were you treated for your condition?
• Who treated you and what were the treatments?
• Were the treatments outpatient or did you need to be hospitalized?
• Are you cured and feeling better or is this a chronic condition that will need ongoing treatment?
• Have you ever felt that the treatments were/are worse than the condition?
• Do you know what caused your condition?
• Are there lifestyle changes that you needed to make or need to make to feel better?
• What have been the major impacts of this illness on your life?
• Has your illness affected your relationships with others? If yes, how so?
• Has your condition affected your ability to work? Go to school?
• How do you feel you were treated by the practitioners involved in your care?
• Do you feel that your concerns were addressed?
• Have you learned anything about yourself that you might not have learned if you hadn’t been sick?
• Would you say that being ill has made you more or less empathetic to others?
• At any point did you think you were going to die, and if so, can you express how you felt?
• Final question: Has the telling of your story made you feel better or worse?

Reflective Essay Instructions

1. Once the interview is complete, compile your questions and responses in a word doc. On that same word doc, based on your interview, write a reflective essay concerning your insights about the person and your experience performing the interview.
2. The essay should be approximately 3-5 double-spaced pages (750-1000).
3. It is required that you refer to the course readings and materials at least 3 times in your Reflective Essay. Please use key terms from our readings, including Frank’s four tensions. Use APA style when you cite your sources in your essay.
4. Some questions to ask yourself are:

• • What kind of psychological, physical, cognitive or identity shifts did this person undergo?
  • Was the person transformed because of the illness? Did they learn any lessons from the illness experience?
  • Do you think that it helped your interviewee to tell his or her story? Please explain.
  • Were you uncomfortable or not at the interview?
  • What did you learn about this person’s experience that resonates with your own experiences?
  • What if anything were the most upsetting aspects of his or her illness experience for you to hear about?
  • Did you come away with a lesson from this person. MUST PASS TURNIT IN.

Paula goes to see her primary care physician, Dr. Snead, because of some heart palpitations and shortness of breath. Dr. Snead performs an EKG, which reads normal, and obtains some information about the symptoms. Dr. Snead recommends that Paula undergo an exercise stress test with imaging so that a cardiologist can take a closer look at Paula’s heart while she exercises. She also recommends that Paula stop smoking, start exercising, and lose roughly 35 pounds through diet change and exercise over the next year.

Assume that generally a regular stress test would be performed instead of an imaging stress test. The imaging stress test helps to visually detect abnormalities in the heart. It is more time consuming and expensive. It is generally recommended if a patient has a prior history of heart issues or has chest pain that comes on suddenly after physical effort and goes away with rest. It is also generally only recommended for women over the age of 50.

Paula is 39 years old. She does not have a prior history of heart problems, and her palpitations did not come on suddenly after physical effort. However, there are no readily apparent reasons for the palpitations, such as medications or any recent health changes, and Paula has a history of heart disease in her family. Her father died as a result of a heart attack when he was 48 years old, and his father died of heart failure when he was 52 after several heart attacks. As a result, Dr. Snead felt that it would be a good idea to have the imaging done, just to be safe, and to get a baseline of images in case Paula has future problems.

Paula’s managed care organization (MCO) denies coverage for the imaging stress test. The MCO provides her the right to an internal appeal as required by law. Paula contacts Dr. Snead to ask about her options. Dr. Snead says that an internal appeal with likely not be successful, so she does not want to allocate the time to provide information to the MCO for an appeal. She schedules Paula for a regular stress test instead, and it is approved by the MCO.

Paula has the regular stress test, and it does not reveal anything abnormal. She does not stop smoking. She tries to exercise and change her diet, but when she does not lose any weight after a couple of weeks, she reverts back to her old diet and sedentary ways.

One month after the stress test, Paula has a heart attack when walking up the stairs at work. EMTs arrive quickly and get Paula to the emergency room at Health Care Central, a nonprofit hospital. Paula survives the heart attack and is referred to the coronary care unit at the hospital. Through a series of miscommunications between the health care providers in the unit, several standard post-heart attack tests are not performed, and Paula is released 3 days after her heart attack. Two weeks later, Paula has another heart attack while at home doing some light yard work. There is no one there to help her or to call for help. The attack leads to cardiac arrest, and she dies.

Step Two: Choose whether you want to represent (or make arguments on behalf of) the plaintiff or a defendant. If a defendant, specify which one.

Step Three: Answer the following questions:

1. What are the potential claims and who are the potential defendants?

2. If representing, or making arguments, on behalf of the plaintiff, what evidence will you need to present to prevail on the claims? Is additional evidence needed beyond what is provided in the facts in order to prevail? Will you need expert testimony? If so, what would the testimony need to establish?

3. If representing, or making arguments, on behalf of a defendant, what are your best arguments against liability, and your best defenses, based upon the facts? Will you need expert testimony? If so, what would the testimony need to establish?

Your answers should include references to the specific requirements for the legal standards for the claims and defenses, and the application of facts to those requirements. If you feel that additional facts are needed for the analysis, or would impact the claims or analysis, you should specify that in your answers.