Tag: Law

Risk Assessment Strategies

Write a 3–5-page paper that contrasts and compares the risk assessment strategies of the three local emergency management plans introduced in this unit. In your paper, include the following main points:

• Plan threat assessments
• Plan vulnerability assessments
• Plan consequence assessments

Each of the three main points should be contrasted and compared using geographic and asset-based criteria to distinguish each plan as well as identify similarities and differences. Also in your paper, discuss at least three of the prime factors that influence these differences and similarities.

Note: This assignment will require outside research. Use at least two credible sources in addition to the assigned textbook/reading material and discuss how you evaluated the credibility of the resources used.

You may consult the Library, the Internet, the textbook, other course material, and any other outside resources in supporting your task, using proper citations in APA style.

The three local emergency management plans

• Charleston (https://www.charlestoncounty.org/departments/building-inspection-services/files/Hazard-Mitigation-Plan.pdf) The Charleston file is too big to upload
• Anaheim (http://local.anaheim.net/docs_agend/questys_pub/13502/13532/13533/13578/13581/2.%20Hazard%20Mitigation%20Plan13581.pdf) and
• New Jersey (http://ready.nj.gov/mitigation/2019-mitigation-plan.shtml)

I need support with this Criminal Justice question so I can learn better.

Evaluate the security failures at the Munich Olympic Games and the manner in which Germany and Israel responded to the incident.

Purpose

The purpose of this project is to develop skills in analyzing a legal issue and explaining that analysis in a legal memorandum.

Course Outcome Met by Project 2:

• Draft objective, well-organized memoranda that analyze legal issues based on statutory law and case law

__________

Background: You and Attorney Chong are continuing to work on client Mary Hastings case. The next step is for you to draft a case law analysis memo for Mary Hastings’ case to submit to Attorney Chong.

The Project 2 Case Law Analysis Memo should analyze and explain the issues and law in cases relevant to Mary Hastings’ case. Also, the memo should apply that law to the facts, and set out reasoned conclusions.

Facts: Please refer to HASTINGS CASE FACTS: Projects 1,2,3,4 in Content to review the facts and court opinions relevant to Mary Hastings’ case.

Instructions

Review the Project 2 rubric.

Review the court opinions relevant to the Hastings case:

• Deering Woods Condominium Association, 377 Md. 250
• Joseph, 173 Md. App. 305
• Maans, 161 Md. App. 620

Using the three court opinions above, draft a case law analysis memo evaluating the stated issue in the Mary Hastings case (see below).

The memo must follow the IRAC format and include four sections: Issue, Rule, Analysis and Conclusion.

Review a sample IRAC memo in Week 4 Instructor Notes.

The memo analysis focuses on:

ISSUE:

Whether Gilford Pines Condominium Association had actual and/or constructive notice of a dangerous condition and failed to take reasonable care to fix the condition?

Comprehensively, from all parties’ perspectives, apply the law to the Hastings case and fully support and explain your conclusions.

__________

Memorandum Format

Memorandum

TO: Alice Chong, Esq.

FROM: (your name), Paralegal

RE: Liability Assessment of Gilford Pines Condominium Association

DATE:

Issue

Rule

Application

Conclusion

Include proper citations for all information.

Citations must follow The Bluebook rules for citation and style, using the regional citation format.

__________

Review the Project Memo

Thoroughly read the presentation to ensure all required elements are present.

Review the grading rubric to ensure that you gain the most points possible for this assignment.

Proofread for spelling and grammatical issues.

Use the spell and grammar check in Word.

***********************************************************

The issue that you will be using is posted in the Project 2 description, which is the following.

Whether Gilford Pines Condominium Association had actual and/or constructive notice of a dangerous condition and failed to take reasonable care to fix the condition?

With respect to the “Rule” section, make sure that you fully address the law and the 3 cases as they apply to our issue. You should start off by looking at your Synthesis Memo’s Synthesis of the Rationales and the Individual Holdings sections. DO NOT merely cut and paste of those sections for Project 2. So, negligence in slip and fall cases involving an invitee should be addressed to include the duty owed to an invitee. Don’t forget to include how the breach should be established as described in the cases. This includes actual or constructive notice. As for our 3 cases, you should include the court’s conclusion, rationale, and the legally significant facts/background facts.

Do not forget to cite to the source of your information using the regional citation format. Don’t forget the specific page number from the Regional Reporter where you obtained the quoted or paraphrased information.

As for the Application section, this is where you finally address the Hastings’ facts. Apply the law to Hastings’ situation to include addressing the 3 cases – how are these cases similar or different to Hastings’ case. Do more than state that a case applies to her case. Focus on the significance of the cases. For instance, was it related to notice or the length of time or both? Do not merely state that the Hastings’ case has the same outcome as the 3 cases. And when applying the cases to Hastings’ case does not mean that her case will have the same outcome as the 3 cases. If it is the same, explain why. If not, you should be able to distinguish Hastings’ case to the cases.

In the conclusion, the question posed in the Issue should be addressed and why.

Background:  Chong is preparing a professional development seminar for the City Bar Association.  She has prepared exercises related to case opinions that reflect flaws in legal writing.  Chong has asked you to prepare answers to the exercises that she can use in the seminar.  She knows this practice will benefit the legal analysis and writing you are completing in the Hastings case.

Instructions: 

Following are case opinions that reflect flaws in legal writing.  Some of the examples may be amusing (such as one judge’s reference to putting a pig in a dress and calling her Florence), but it is important to grasp the courts’ underlying message: pay attention to what you write!

Complete the exercises below.  Do not copy and paste the questions into your uploaded document. 

1. On Westlaw, go to Varda, Incorporated v. Insurance Company of North America, at page 634 in volume 45 of Federal Reporter, Third Series.  

1a. Go to headnote 13 in the opinion, which is under Part IV, Costs.   In 3-4 sentences explain why Varda’s counsel was denied court costs, although Varda was the successful party on appeal.

1b. In that same section of the opinion, Judge McLaughlin tells the story of what happened in 1596 to the author of a lengthy pleading.  Why was the author penalized?  What was his penalty?  Summarize that story in 1-2 sentences. 

1c. Provide the full and correct Bluebook citation for this case. Abbreviate where necessary.

2. On Westlaw, go to Bradshaw v. Unity Marine Corporation, Incorporated at volume 147, page 668, in Federal Supplement, Second Series.

2a. At pages 670 of the opinion, why does the judge chastise one party over citing volume 1886 of the Federal Reporter? Answer in 1 sentence.

2b. At page 671, why does the judge chastise counsel for not using a pincite? Answer in 1 sentence.

2c. In 3-4 sentences, discuss the judge’s assessment of the legal authorities cited in the parties’ pleadings.

2d. In addition to the errors noted in a, b, and c above, what lessons can you take away from this case? Answer in 2-3 sentences.

2e. Provide the full and correct Bluebook citation for this case. Abbreviate where necessary.

3. On Westlaw, go to United States v. Butler by typing this citation into the search box: 1995 WL 934960. This is an unpublished military appeal. Go to footnote 2 and respond:

3a. What Latin phrase do you think the government counsel meant when he typed “(el bang)” (hint: click on the Kelly opinion and look just below the list of counsel). What does this two-word phrase mean?

3b. What does (sic) mean when you see it embedded in a sentence?

I need an explanation for this Criminal Justice question to help me study.

Read chapters three and four; Be able to describe the three major theories (and theorists) that attempt to explain behavior. Describe what is necessary for moral growth according to Kohlberg. Be able to describe the two different missions of law enforcement in the democracy.

I’m working on a law discussion question and need an explanation and answer to help me learn.

Scenario 1—Contracts

Dr. Delgado, a pediatrician entered into an employment agreement with the All Children’s Hospital. According to the contract, after termination of her employment for any reason, Delgado could not compete with the hospital by working within a 100-mile radius of it for two years. One year after resigning from the hospital, Dr. Delgado opened her own pediatric practice within 75 miles of the hospital and began seeing patients. All Children’s Hospital filed a breach-of-contract lawsuit against her.

• Provide potential arguments for both parties regarding the breach of the non-compete contract lawsuit. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Scenario 2—Intellectual Property

Professor Klug teaches tort law for Las Vegas School of Law, a for-profit law school. Several times during the semester, the professor made copies of various articles and distributed them to his students. Unbeknownst to Klug, the daughter of one of the article’s authors was a student in his class. The daughter told her father about Klug’s copying, which took place without the father’s or publisher’s permission. The father sues Klug for copyright infringement. Klug claims protection under the fair use doctrine.

• Provide arguments for each party. Determine which party will win. Provide support for the arguments and the final answer with cases or scholarly articles from the South University Online Library.

I’m working on a criminal justice discussion question and need an explanation and answer to help me learn.

Do you think police racially profile when making traffic stops? Why or why not? Use a credible example.

Define and differentiate community policing and problem-oriented policing. Provide a specific example and explain how it distinguishes the differences between the two policing models.

Content

1. 
   
   Imagine you are a public safety director responsible for either a college, high school, hospital, or retail store. You are required to write a report regarding preparation, response, and training for a potential active shooter situation at your workplace. You have in-house security officers and law enforcement who will be responding to the active shooter report.Identify the workplace you selected.Research recent active shooter events and provide basic information on a minimum of 2 attacks.Determine how you would work or partner with law enforcement to prevent and prepare for an active shooter event. Consider employee training programs for active shooter prevention and response. How would you work to identify or prevent future active shooters known to the organization—for example, a recently terminated employee?Distinguish active shooter policy considerations and roles of public and private safety employees during the attack. Write a 1000- to 1200-word report that discusses your active shooter research and critical areas to be addressed in your organization’s active shooter prevention and response plan. Identify what roles security, local law enforcement, the courts, and corrections will play in an active shooter event and follow up.Review the reading in the Week 2 Learning Activities for support.Cite at least 2 outside references to support your assignment.Format your assignment according to APA guidelines.

Instructions:

This discussion will be completed in two parts and will give you an opportunity to reflect upon this week’s content and to interact with your classmates.

Part 1 – Post your initial response to the discussion questions.

Part 2 – Post substantive feedback to two (2) classmates.

• Review and discuss the following case. What is the approach that should be used to deal with the increased violence in the juvenile justice system? Is the current system sufficient to deal with violence or should we use the adult system to deal with violent offenders? Discuss how the philosophy of parents patriae works or doesn’t work with these offenders. Use the text to inform your discussion. Do not rely solely on your personal opinion.
• Boy, 16, who killed his parents after an argument over school suspension to be tried as an adult

Moses Kamin allegedly admitted killing his adoptive parents after police found their bodies

He is being tried as an adult due to the seriousness of his crimes

Defence have tried to get trial moved to juvenile court

• Teenager pleaded not guilty to the murders
• By Sam Adams A 16-year-old boy accused of strangling his adoptive parents and hiding their bodies in the family car is to be tried as an adult, a judge has ruled. Karate black belt Moses Kamin allegedly admitted to killing his parents – Robert Kamin, 55, and Susan Poff , 50, after officers discovered their bodies in Oakland, California. Judge Morris Jacobson of Alameda County Superior Court has ruled their is enough evidence to hold the teenager – who was 15 at the time of his parents’ deaths in January – over for trial. The youngster is being held without bail and is scheduled to return to court on October 3, the San Francisco Chronicle reports. Moses Kamin, of Oakland, California, entered a not guilty plea in Alameda County Superior Court earlier this year. He apparently admitted strangling his mother first with his hands and then some type of ligature during the argument.
• When Mr Kamin came home later that evening, the teen came up behind him and strangled him as well, prosecutors claim.The couple’s bodies were found hidden under blankets in the back of the family’s car parked outside their house near Lake Merritt, which investigators believe Kamin had tried unsuccessfully to set ablaze.Police went to the Kamin house after their employers reported they did not show up for work. They were both civil servants.Kamin was arrested for their murder after police discovered the couple’s bodies in the car – and held at the Alameda County Juvenile Justice Center in San Leandro.
• A videotape of the boy’s statement to police was played during his preliminary hearing,’ reports the Chronicle. His attorney, Assistant Public Defender Drew Steckler, tried unsuccessfully to have the judge throw out the videotaped statement on the grounds that his client did not understand his legal rights, according to the newspaper. Mr Steckler is reported to be planning to appeal that decision and to have the case transferred to Juvenile Court.

Following his arrest, colleagues of the couple told the San Francisco Chronicle that the couple had been having problems with their son, who they believed was spending too much time in the Occupy Oakland camp. Occupy Oakland is allied with New York City’s Occupy Wall Street and other protests like Occupy San Francisco and Occupy San Jose.Co-workers mourned the well-known couple after news of their murders became public. Mrs Poff’s boss called her death ‘a terrible loss’. Joshua Bamberger told the Oakland Tribune: ‘I’ve never met anyone who lived with as little ambivalence about making the world a better place.’

Mrs Poff, who attended UC Berkley, and Mr Kamin, a graduate of Stanford University, met through friends. The couple adopted in 2002 because they were unable to have their own children, Robert Kamin’s brother Bruce told the Chronicle. They had recently moved to the area and were in the middle of renovating their house.

http://www.dailymail.co.uk/news/article-2206586/Boy-16-killed-parents-argument-school-suspension-tried-adult.html

Unfortunately when it comes to juveniles in the criminal justice system, I feel they are severely lacking.  When kids commit crimes of serious nature, then they should be punished for those crimes, just as an adult would be.  However, I think the punishments need to be looked over and adjusted for our society today.  When juveniles commit crimes and do not get harsh punishments for them, I feel it gives them the idea that they can go out and commit these crimes with no real serious consequences.  They have juvenile halls/boarding, probation, classes, and counseling that should be available in all cases.  I think juveniles, when committing crimes, are not fully aware of what the consequences truly are.  They are not fully aware how the world works.  Let alone fully aware of what their actions can do r how they can harm themselves and others.  I believe when it comes to juvenile cases, we need to factor in all of the issues.  Did they child come from a broken home, have a bad home life, were they constantly in trouble at school, where did the issues arise and so on.  I don’t believe children fully have the capacity to under the laws and how things really work  I feel they react in the heat of the moment and passion without thinking things through toughly.  Then when it comes time to pay the price for the crimes it doesn’t sit well because they just don’t understand.  I feel we need to implement more programs for juveniles.  Things that will help them to continue on a path to graduate high school, personal and family counseling sessions,  activities that will engage them and keep them focused, and set goals for them so they will have something to look forward too.  I also belive that if the crimes are serious violent crimes or premeditated then the solution of trying them as adults or sending them to adult prison should absolutely considered.   Yet, if the child did not commit serious violent crimes or is just a repeat offender for petty crimes then the counseling should pay a big part.  We need to help to rehabilitate these young kids to help set them up for a better future.In the text it speaks about parents patriae which is described as the government, or any other authority, regarded as the legal protector of citizens unable to protect themselves.  Also, the principal that political authority carries with it the responsibility for protection of citizens.  The State is to act as a substitute parent to a child whose parents, for one reason or another, cannot properly raise the child.  I don’t personally feel that this is always the best option for the child or young adult.  AIve watched a lot of kids come into these types of scenarios and end up staying in the system and becoming repeat offenders.  Unfortunately, the systems they have put in place to help these kids actually fails them most of the time.  Such an unfortunate occurrence if you ask me.  

This one Unfortunately when it comes to juveniles in the criminal justice system, I feel they are severely lacking. When kids commit crimes of serious nature, then they should be punished for those crimes, just as an adult would be. However, I think the punishments need to be looked over and adjusted for our society today. When juveniles commit crimes and do not get harsh punishments for them, I feel it gives them the idea that they can go out and commit these crimes with no real serious consequences. They have juvenile halls/boarding, probation, classes, and counseling that should be available in all cases. I think juveniles, when committing crimes, are not fully aware of what the consequences truly are. They are not fully aware how the world works. Let alone fully aware of what their actions can do r how they can harm themselves and others. I believe when it comes to juvenile cases, we need to factor in all of the issues. Did they child come from a broken home, have a bad home life, were they constantly in trouble at school, where did the issues arise and so on. I don’t believe children fully have the capacity to under the laws and how things really work I feel they react in the heat of the moment and passion without thinking things through toughly. Then when it comes time to pay the price for the crimes it doesn’t sit well because they just don’t understand.I feel we need to implement more programs for juveniles. Things that will help them to continue on a path to graduate high school, personal and family counseling sessions, activities that will engage them and keep them focused, and set goals for them so they will have something to look forward too. I also belive that if the crimes are serious violent crimes or premeditated then the solution of trying them as adults or sending them to adult prison should absolutely considered. Yet, if the child did not commit serious violent crimes or is just a repeat offender for petty crimes then the counseling should pay a big part. We need to help to rehabilitate these young kids to help set them up for a better future.In the text it speaks about parents patriae which is described as the government, or any other authority, regarded as the legal protector of citizens unable to protect themselves. Also, the principal that political authority carries with it the responsibility for protection of citizens. The State is to act as a substitute parent to a child whose parents, for one reason or another, cannot properly raise the child. I don’t personally feel that this is always the best option for the child or young adult. AIve watched a lot of kids come into these types of scenarios and end up staying in the system and becoming repeat offenders. Unfortunately, the systems they have put in place to help these kids actually fails them most of the time. Such an unfortunate occurrence if you ask me.

This is the second one When dealing with juveniles the justice system has a lot to take into consideration. Ideally, the general population wants juveniles to have second chances and to not always be tried as an adult as the adult justice system can be viewed as more harsh, but at the same time there is also the consideration of if they let a juvenile go without punishment for a violent crime then that enables more juveniles to commit the same crime as they see there is no real punishment for it. More often than not, it is argued that the adult just system does more damage than good to juveniles that are charged because it takes away their opportunities at a young age by giving them a criminal record and setting them back from their peers as they essentially have to “press pause” on learning and development. For juveniles closer to the legal adult age or that have committed serious, violent crimes then the adult system should be used because 1) they may not be fully developed, but they are at the age to know what is right and what is wrong and 2) letting a juvenile go that did something of such a serious nature is allowing them to get away with it.In less violent and serious circumstances I do believe it is important to do what you can in order to keep a juvenile out of the adult system as well as out of juvenile detention centers as it does limit their opportunities but also evaluate each situation as its own and take into consideration whether they have repeatedly committed the same crime, the seriousness, their situation, and their age. In some cases, juveniles raised in households where there is instability or violence learn that it’s a normal way of life and simply getting them help or put into a more stable situation can make a world of difference. This kind of goes into the parent patriae as it is the point when the government or other authority is considered the protector of citizens unable to protect themselves, and essentially in a juvenile case, steps into the parental role. Most times this means placement into foster care or getting a juvenile counseling or schooling, but it can easily sway that individual towards a better way of life.