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Law Essay 2
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You will prepare a report that briefs two cases and applies the law from the cases to a hypothetical fact pattern. You must include all of the elements of the brief. In addition, you must discuss what the outcome would be under the hypothetical fact pattern using the law from the case(s). (In other words, what are you going to do for your client, based upon what you have found out.)
The objective of this assignment is to help you become familiar with case briefing as a tool for presenting, analyzing, and applying case law.
The scenario for this case is as follows: (Read carefully, as each element has a particular purpose.)
You are a licensed attorney in the Commonwealth of Massachusetts. Your client has just been convicted of possession with intent to sell marijuana. The case proceeded as follows, namely, the Prosecution had evidence procured under a valid warrant that included twenty full grown marijuana plants. The warrant that seized the plants had been procured with probable cause, signed by a magistrate, to search inside the house, including the attic, and properly implemented at the house of the client. In order to procure the warrant, Officer Jones had noted a possible “grow light” in the attic of your client’s house. This aroused his reasonable suspicion, based upon his years of service, so he returned on trash day, and went through the plastic bags on the curb next to your client’s premises (that area known, in legal terms, as the “curtilage” of the premises), where he found marijuana seeds and drug paraphernalia. He took these to the magistrate as evidence of probable cause, and the warrant was issued. At trial you had objected to the warrant itself, and to the search of the trash without a warrant, which would make the evidence “the fruit of a poisonous tree” and subject to supression. The Court overruled both of your objections, and your client is now doing 20 years in Maximum Security.
You want to mount an Appeal. Is there any way that you might do so? Please answer the following questions, and brief the two cases as a part of your answer for support.
1. Do you have any relief under Federal precedent? Why or why not? (note – question 1 is worth 2 points.)
2. The Commonwealth is in full accord with the Federal precedent. Why is this important? (note – worth 2 points.)
3. Is there any other State that might differ with Federal precedent? Why might you want to go to this length? (note – worth 3 points).
4. How might you use the precedents from all authorities, and what authority might give you a slight chance to prevail in the Massachusetts Court of Appeals? (note – questions 3 & 4 are worth 3 points apiece.)
(The above questions must be answered in at least Two pages.)
Cases: Federal precedent – California v. Greenwood 486 U.S. 35 (1988). (One page)
Foreign State precedent – State v. Goss 150 NH 46 (2003). (One page)
(note – each brief is worth 6 points.)
General Requirements
Use your own words. Do not copy word-for-word from the opinion or simply rearrange or replace words while leaving the basic sentence structure and syntax intact. In the event that limited text must be quoted directly from the case opinion, use appropriate methods (citation) to indicate that you are directly quoting from the case and cite the page of the opinion you are quoting. There will be a severe penalty assessed against anyone who extensively or inappropriately lifts text from the opinions (this is plagiarism!).
Hint: You may rely on Findlaw or Google for the purposes of this exercise. Brief Greenwood for Federal Precedent first. You have been given the precedent for MA (#3 above), but must mention it as to how (or why) you need to know this. Brief the NH (Goss) case second. Now apply your knowledge of Precedent and Authority, in the “best light” for your client. Describe the process that you will use, and the Court(s) that you will use, for your Appeal (if you think that you have a chance at all), as well as why/why not you have chosen to do so.
You will prepare a report that explains a case and applies the law from the case to a hypothetical fact pattern. In addition, you must discuss what the outcome would be under the hypothetical fact pattern using the law from the case.
You will prepare a report that briefs two cases and applies the law from the cases to a hypothetical fact pattern. You must include all of the elements of the brief. In addition, you must discuss what the outcome would be under the hypothetical fact pattern using the law from the case(s). (In other words, what are you going to do for your client, based upon what you have found out.)
The objective of this assignment is to help you become familiar with case briefing as a tool for presenting, analyzing, and applying case law.
The scenario for this case is as follows: (Read carefully, as each element has a particular purpose.)
You are a licensed attorney in the Commonwealth of Massachusetts. Your client has just been convicted of possession with intent to sell marijuana. The case proceeded as follows, namely, the Prosecution had evidence procured under a valid warrant that included twenty full grown marijuana plants. The warrant that seized the plants had been procured with probable cause, signed by a magistrate, to search inside the house, including the attic, and properly implemented at the house of the client. In order to procure the warrant, Officer Jones had noted a possible “grow light” in the attic of your client’s house. This aroused his reasonable suspicion, based upon his years of service, so he returned on trash day, and went through the plastic bags on the curb next to your client’s premises (that area known, in legal terms, as the “curtilage” of the premises), where he found marijuana seeds and drug paraphernalia. He took these to the magistrate as evidence of probable cause, and the warrant was issued. At trial you had objected to the warrant itself, and to the search of the trash without a warrant, which would make the evidence “the fruit of a poisonous tree” and subject to supression. The Court overruled both of your objections, and your client is now doing 20 years in Maximum Security.
You want to mount an Appeal. Is there any way that you might do so? Please answer the following questions, and brief the two cases as a part of your answer for support.
1. Do you have any relief under Federal precedent? Why or why not? (note – question 1 is worth 2 points.)
2. The Commonwealth is in full accord with the Federal precedent. Why is this important? (note – worth 2 points.)
3. Is there any other State that might differ with Federal precedent? Why might you want to go to this length? (note – worth 3 points).
4. How might you use the precedents from all authorities, and what authority might give you a slight chance to prevail in the Massachusetts Court of Appeals? (note – questions 3 & 4 are worth 3 points apiece.)
(The above questions must be answered in at least Two pages.)
Cases: Federal precedent – California v. Greenwood 486 U.S. 35 (1988). (One page)
Foreign State precedent – State v. Goss 150 NH 46 (2003). (One page)
(note – each brief is worth 6 points.)
General Requirements
Use your own words. Do not copy word-for-word from the opinion or simply rearrange or replace words while leaving the basic sentence structure and syntax intact. In the event that limited text must be quoted directly from the case opinion, use appropriate methods (citation) to indicate that you are directly quoting from the case and cite the page of the opinion you are quoting. There will be a severe penalty assessed against anyone who extensively or inappropriately lifts text from the opinions (this is plagiarism!).
Hint: You may rely on Findlaw or Google for the purposes of this exercise. Brief Greenwood for Federal Precedent first. You have been given the precedent for MA (#3 above), but must mention it as to how (or why) you need to know this. Brief the NH (Goss) case second. Now apply your knowledge of Precedent and Authority, in the “best light” for your client. Describe the process that you will use, and the Court(s) that you will use, for your Appeal (if you think that you have a chance at all), as well as why/why not you have chosen to do so.
You will prepare a report that explains a case and applies the law from the case to a hypothetical fact pattern. In addition, you must discuss what the outcome would be under the hypothetical fact pattern using the law from the case.
You will prepare a report that briefs two cases and applies the law from the cases to a hypothetical fact pattern. You must include all of the elements of the brief. In addition, you must discuss what the outcome would be under the hypothetical fact pattern using the law from the case(s). (In other words, what are you going to do for your client, based upon what you have found out.)
The objective of this assignment is to help you become familiar with case briefing as a tool for presenting, analyzing, and applying case law.
The scenario for this case is as follows: (Read carefully, as each element has a particular purpose.)
You are a licensed attorney in the Commonwealth of Massachusetts. Your client has just been convicted of possession with intent to sell marijuana. The case proceeded as follows, namely, the Prosecution had evidence procured under a valid warrant that included twenty full grown marijuana plants. The warrant that seized the plants had been procured with probable cause, signed by a magistrate, to search inside the house, including the attic, and properly implemented at the house of the client. In order to procure the warrant, Officer Jones had noted a possible “grow light” in the attic of your client’s house. This aroused his reasonable suspicion, based upon his years of service, so he returned on trash day, and went through the plastic bags on the curb next to your client’s premises (that area known, in legal terms, as the “curtilage” of the premises), where he found marijuana seeds and drug paraphernalia. He took these to the magistrate as evidence of probable cause, and the warrant was issued. At trial you had objected to the warrant itself, and to the search of the trash without a warrant, which would make the evidence “the fruit of a poisonous tree” and subject to supression. The Court overruled both of your objections, and your client is now doing 20 years in Maximum Security.
You want to mount an Appeal. Is there any way that you might do so? Please answer the following questions, and brief the two cases as a part of your answer for support.
1. Do you have any relief under Federal precedent? Why or why not? (note – question 1 is worth 2 points.)
2. The Commonwealth is in full accord with the Federal precedent. Why is this important? (note – worth 2 points.)
3. Is there any other State that might differ with Federal precedent? Why might you want to go to this length? (note – worth 3 points).
4. How might you use the precedents from all authorities, and what authority might give you a slight chance to prevail in the Massachusetts Court of Appeals? (note – questions 3 & 4 are worth 3 points apiece.)
(The above questions must be answered in at least Two pages.)
Cases: Federal precedent – California v. Greenwood 486 U.S. 35 (1988). (One page)
Foreign State precedent – State v. Goss 150 NH 46 (2003). (One page)
(note – each brief is worth 6 points.)
General Requirements
Use your own words. Do not copy word-for-word from the opinion or simply rearrange or replace words while leaving the basic sentence structure and syntax intact. In the event that limited text must be quoted directly from the case opinion, use appropriate methods (citation) to indicate that you are directly quoting from the case and cite the page of the opinion you are quoting. There will be a severe penalty assessed against anyone who extensively or inappropriately lifts text from the opinions (this is plagiarism!).
Hint: You may rely on Findlaw or Google for the purposes of this exercise. Brief Greenwood for Federal Precedent first. You have been given the precedent for MA (#3 above), but must mention it as to how (or why) you need to know this. Brief the NH (Goss) case second. Now apply your knowledge of Precedent and Authority, in the “best light” for your client. Describe the process that you will use, and the Court(s) that you will use, for your Appeal (if you think that you have a chance at all), as well as why/why not you have chosen to do so.
You will prepare a report that explains a case and applies the law from the case to a hypothetical fact pattern. In addition, you must discuss what the outcome would be under the hypothetical fact pattern using the law from the case.
please prepare a 3-4 page paper (not including the cover and reference pages) in which you:
Research the culture of an organization that you are familiar with. Next, what kind of employee would prefer to work at that organization and why?
How does the organization attract new employees?
As an HR Staffing Specialist, how would you apply the ASA Framework to your organization?
Assignment Expectations
Your paper will be evaluated on the following points:
Precision – Does the paper address the question(s) or task(s)?
Clarity – Is the writing clear and the concepts articulated properly? Are paraphrasing and synthesis of concepts the primary means of response to the questions, or are excessive use of quotations how thoughts are conveyed? Are headings included in all papers greater than 2 pages?
Breadth – Is the full breadth of the subject addressed?
Depth – Does the paper address the topic in sufficient depth?
Grammar, spelling and vocabulary – Is the paper written well – is the grammar, spelling, and vocabulary suitable to graduate level work?
Referencing (citations and references) – Does the paper use citations and quotation marks when appropriate?
Critical thinking – Is the subject thought about critically, i.e., accurately, logically, relevantly, and precisely?
De Cooman, Rein; Gieter, Sara De; Pepermans, Roland; Hermans, Sabrina; Bois, Cindy Du; Caers, Ralf; Jegers, Marc. (2009). Person–organization fit: Testing socialization and attraction–selection–attrition hypotheses. Journal of Vocational Behavior, ISSN 0001-8791, 2009, Volume 74, Issue 1, pp. 102 – 107.
Schaubroeck, John; Ganster, Daniel C; Jones, James R (1998). Organization and Occupation Influences in the Attraction-Selection-Attrition Process. Journal of Applied Psychology, ISSN 0021-9010, 12/1998, Volume 83, Issue 6, pp. 869 – 891.
Ployhart, Robert E; Weekley, Jeff A; Baughman, Kathryn. (2006). The Structure and Function of Human Capital Emergence: A Multilevel Examination of the Attraction-Selection-Attrition Model. The Academy of Management Journal, ISSN 0001-4273, 08/2006, Volume 49, Issue 4, pp. 661 – 677.
Lonnie Golden; Julia R Henly; Susan Lambert. (2013). Work Schedule Flexibility: A Contributor to Happiness? Journal of Social Research & Policy, ISSN 2067-2640, 12/2013, Volume 4, Issue 2, pp. 10-41.
which you:
Research the culture of an organization that you are familiar with. Next, what kind of employee would prefer to work at that organization and why?
How does the organization attract new employees?
As an HR Staffing Specialist, how would you apply the ASA Framework to your organization?
Assignment Expectations
Your paper will be evaluated on the following points:
Precision – Does the paper address the question(s) or task(s)?
Clarity – Is the writing clear and the concepts articulated properly? Are paraphrasing and synthesis of concepts the primary means of response to the questions, or are excessive use of quotations how thoughts are conveyed? Are headings included in all papers greater than 2 pages?
Breadth – Is the full breadth of the subject addressed?
Depth – Does the paper address the topic in sufficient depth?
Grammar, spelling and vocabulary – Is the paper written well – is the grammar, spelling, and vocabulary suitable to graduate level work?
Referencing (citations and references) – Does the paper use citations and quotation marks when appropriate?
Critical thinking – Is the subject thought about critically, i.e., accurately, logically, relevantly, and precisely?
De Cooman, Rein; Gieter, Sara De; Pepermans, Roland; Hermans, Sabrina; Bois, Cindy Du; Caers, Ralf; Jegers, Marc. (2009). Person–organization fit: Testing socialization and attraction–selection–attrition hypotheses. Journal of Vocational Behavior, ISSN 0001-8791, 2009, Volume 74, Issue 1, pp. 102 – 107.
Schaubroeck, John; Ganster, Daniel C; Jones, James R (1998). Organization and Occupation Influences in the Attraction-Selection-Attrition Process. Journal of Applied Psychology, ISSN 0021-9010, 12/1998, Volume 83, Issue 6, pp. 869 – 891.
Ployhart, Robert E; Weekley, Jeff A; Baughman, Kathryn. (2006). The Structure and Function of Human Capital Emergence: A Multilevel Examination of the Attraction-Selection-Attrition Model. The Academy of Management Journal, ISSN 0001-4273, 08/2006, Volume 49, Issue 4, pp. 661 – 677.
Lonnie Golden; Julia R Henly; Susan Lambert. (2013). Work Schedule Flexibility: A Contributor to Happiness? Journal of Social Research & Policy, ISSN 2067-2640, 12/2013, Volume 4, Issue 2, pp. 10-41.
Chapter 15 of our text discusses many different kinds of domestic violence, against many kinds of victims. Which of these kinds of violence was a surprise to you? How common is that kind of violence? Present your evaluation of three different programs (you may use the internet) designed to curtail that kind of violence.
What kind of violence surprised you? Why? Is that kind of violence common? (Cite evidence.)
Describe 3 different programs designed to intervene in that kind of violence.
Evaluate these three interventions for how likely you think it is to work, its ability to affect the people involved, and the long-term benefit of the program.
No spelling and grammar issues/APA formatting/12 fonts
Paper is 1000-1500 words
Based on your review of the financial statements, suggest a key insight about the financial health of the company. Speculate on the likely reaction to the financial statements from various stakeholder groups (employee, investors, shareholders). Provide support for your rationale.
Identify the current industry trend that has the most significant impact on your chosen organization’s financial performance. Indicate the trend’s impact on the financial performance of the organization. As the CFO, suggest at least one (1) way that you might minimize the impact of the trend on the organization.
As the CFO, suggest one (1) key strategy that you might use in order to improve the financial performance of the organization. Recommend an approach to implement the suggested strategy. Provide support for your recommendation.
Use at least four (4) quality academic resources. Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
Evaluate the financial statements and the financial position of health care institutions.
Analyze the role of important financial reporting statements – income statement, balance sheet, and statement of cash flows – and explain how they relate to one another and to the underlying sources of data.
Use technology and information resources to research issues in health financial management.
Write clearly and concisely about health financial management using proper writing mechanics.
Oximetry after running in place: decreased
The doctor diagnoses Jeremy with exercise-induced asthma (EIA) and sends Jeremy home with a beta2-agonist bronchodilator in an inhaler as well as information on how to control his asthma.
a) What signs and symptoms indicate exercise induced asthma? What medical tests help confirm this diagnosis?
b) Is EIA a common disease? How common?
c) What is at least 3 goals of treatment for EIA?
d) Give 2 examples of beta2-agonist bronchodilators that might be used in EIA and what a normal dose might be. What is the difference between a short and a long term bronchodilator?
e) Will Jeremy need to stop playing soccer? Why or why not?
The diversity movement suggests that there is strength in our differences and that our differences enhance each other. At the same time, the movement insists that our differences should not have economic, social, or political consequences. We are entitled to the same access to resources and opportunities regardless of our differences. The human suffering from Hurricane Katrina and the images of victims has stimulated the debate about differential access to resources.
Read the report Women in the Wake of the Storm: Examining the Post-Katrina Realities of the Women of New Orleans and the Gulf Coast. On the basis of your reading, create a report, answering the following:
Discuss the prominent dimensions of diversity revealed as a result of the Hurricane Katrina disaster.
Discuss factors that specifically influenced women’s vulnerability to Hurricane Katrina. While answering, consider the primary dimensions mentioned in the lectures as well as the secondary dimensions such as parental and marital status, income, educational level, military experience, geographic location, work background, and religious beliefs.
Describe the implications for healthcare organizations as a result of the disaster.
Discuss at least of two of the policy implications that are outlined in the report. If you were given the task to add another policy recommendation what would it be and why?
Make your report in a 4- to 5-page Microsoft Word document.
Support your responses with examples.
Cite any sources in APA format.