...An Assignment Submitted by Sara Cotleur Liberty University Online Class Business 301-D04, Section 201320, Spring 2013 Deborah White vs. John Daniels and O’Malley’s Tavern Introduction The case in question is case number 82A04-8876-CV-285, between Deborah White as the plaintiff and John Daniels and O'Malley's Tavern as defendants before a mock U.S. District Court, in the Northern District of Indiana. The plaintiff’s attorneys are Amanda Babbit and Jackson Walsh while those of the defendants are Benjamin Walton and Jordan Van Meter. Mr. and Mrs. White went to O'Malley's Tavern on the Saturday, July 28, 2007, a tavern in Gary, Indiana. Edward Hard, a former fiancé of Mrs. White was also patronizing the same tavern and on seeing the two, he approached them to convey his congratulations on their recent marriage and then went back to his seat and resumed his drinks. The first defendant, Mr. Daniels, was the only licensed bartender working at O'Malley's Tavern. Mrs. White and Mr. Daniels confirmed Mr. Hard consumed four to six shots in about twenty-eight minutes after the arrival of the Whites. Thus Mr. Daniels had constructive knowledge of Mr. Hard’s intoxication. On consuming his last alcoholic drink he tried to leave and in the process tripped on a cue stick as he stood up but picked himself up. Mr. Daniel did not notice this stumbling incident and thus was not aware of the intoxication level of Mr. Hard and could not be said to have absolute knowledge on...
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...at the Law Courts at 800 Smithe Street, Vancouver for at least one hour and then answer the following questions in approximately 1,200 words. . DO NOT go to Chambers Hearings, Bail Hearings, Sentencing Hearings, Small Claims Court and cases that are being heard by the Court of Appeal. 1. Where possible, state the following regarding the trial you watched (this part may be answered in point form) * The name of the case (x v. y) * The date(s) you attended * The name of the Judge hearing the case * The names of the lawyers for each party * A brief summary of what was going on in the trial while you were watching. 2. From your observations and from what you have learned in class about trials, would you say that trials are more co-operative or adversarial in nature? 3. From your observations and from what you have learned in class would you say that the processes and procedures used by the courts are a good way to arrive at the “truth”? Explain, with reference to specific examples, from the trial you watched. If you don’t think the process is a good way to arrive at the “truth”, please provide possible alternatives. (Please remember that the trial will begin with an opening statement given by the plaintiff, then the plaintiff will begin direct examination of...
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...Cable – Section # CC1 3) Date Turned In: November 13, 2008 4) Date/Time of Observation: October 2, 2008 from 2:00-4:00 pm. 5) Court: Monroe County Court 6) Case Name: People v. David Defendant 7) Presiding Judge: Hon. Gerald Judge 8) Assistant District Attorney: Pamela Prosecutor 9) Defense Attorney: Larry Litigator 10) Charges: Criminal possession of a weapon in the second degree (two counts) Criminal possession of a weapon in the third degree (four counts) Attempted criminal possession of a weapon third degree (one count) Criminal possession of a weapon in the fourth degree (two counts) 11) Proceeding Observed: Jury trial CRJ 105-CC1 Sally Student Court Watch Report – p. 2 1) Describe the type of proceedings that you observed. Be as specific as possible. I observed the direct examination and cross examination of the prosecution’s last witness, Investigator Sam Malone of the Rochester Police Department. Investigator Malone testified about his interview of the defendant and the statement that Mr. Defendant gave regarding the offenses in question. I also observed defense counsel’s motion for a trial order of dismissal and a discussion among the judge and the attorneys regarding the instructions to be given to the jury before they deliberated. 2) Describe the courtroom environment. Was it the way you expected it to be? Explain how it did or did not meet your expectations. The courtroom was very small, much smaller and less impressive than I expected. I ended up sitting...
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...Bond Hearings and a Plea Entrance; A Day’s Observation in the Circuit Court. Political Science 210 December 2, 2010 Political Science 210 December 2, 2010 Bond Hearings and a Plea Entrance; A Day’s Observation in the Circuit Court. On November 24, 2010, I was given the opportunity to observe a session of the Fairfax County Circuit Court. While observing the session I was able to view five bond hearings and one plea entrance, which allowed for a partial understanding of the typical daily court docket. Because many cases are settled outside of court, the daily proceedings within the courtroom are often shorter and without much argument. Fairfax County Virginia is located in the northeastern portion of Virginia nearby the District of Columbia. The county is the largest by population in the state, and also the densest county at 1,037,605 people within the county’s 407 square miles. Home to several intelligence agencies, and half of the metropolitan area’s Fortune 500 companies, Fairfax county has one of the highest median incomes in the country for a county of its size, second only to neighboring Loudoun County. The county was the first in the nation to reach a six figure median income and is known as one of the most populous areas in the Greater Washington Metropolitan Areas. The Fairfax County Circuit court, located in Fairfax City, is used to serve the residents of both the county and the city itself. The court is in the 19th Judicial...
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...For my observation paper, I researched online for court cases and found a listing of numerous judges and cases in Franklin County, As a result, I went to the Franklin county common pleas court, and was able to retrieve contact information for the secretary of Judge Kimberly Cocroft. I contacted Secretary Racheal Cook by phone and left her a message. As one can imagine, a myriad of missed calls and phone tag resulted; however, she did leave me a voicemail stating her email address and said that it is the best way to get in contact with her. I sent her an email regarding my class assignment; she responded quickly to my email and gave me a list of dates I could come in, to observe court proceedings. I chose the first available date, which was...
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...OBSERVATION REPORT (Observe – to pay attention to, to perceive or notice, to watch, to recognize or note occurrences, to draw inferences, to remark or comment) The Observation Report is to be the result of an in-person observation made for the purpose of partially fulfilling the requirements of this course, and must include a complete and comprehensive report on any 2.5 hours of observation from the list of choices below, exclusive of breaks and recesses. The observation report shall include the type of observation, the name of the presiding officer, the physical location of the observation, the parties involved, the issues, any decisions made and your personal comments regarding how you “see” the proceedings. Please place emphasis on your personal comments, clearly including what you “bring to the table” (your personal background and why you selected your observation). NOTE: Dr. Flower is the only person who will read your reports. You should, prior to the observation, make notes on your preconceived notions, ideas, and perceptions on what you expect to observe. Your pre-work should then be contrasted or compared with your actual observations. Your “gut” reactions to issues, personalities, competencies and results will most likely be very accurate and should serve as the backbone of your report. DO NOT wait until the last minute to attend the observation since it is common for students to discover the scheduled or planned observation does not take place when the...
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...For my court observation, I chose to watch the Casey Anthony trial that started on May 24, 2011 and concluded on July 5, 2011. This was a long trial because of the amount of evidence admitted (over 400 pieces) and the large number of witnesses called to testify for both the prosecution and the defense. I am pretty sure everyone knew something about this case, but what I witnessed watching the actual trial was appalling, to say the least. This case tugged at my heart because a mother, Casey Anthony, was being accused of killing her own daughter, 2-year old Caylee Anthony. The case drew national attention because of the gruesome facts and because of the many lies Casey told investigators and police authorities. The in-depth search by numerous agencies and private citizens to find clues kept the case in the media spotlight. In fact, I wondered how “fair” the trial would be due to the amount of national coverage the case actually received. I found myself going into the trial with already formed opinions about Casey’s culpability. As such, I was very anxious to actually watch the proceedings and see the facts as presented in the courtroom versus the national media. The opening arguments by the prosecutor set the stage for what was to come. The prosecutor stated: “It’s time to tell the story of a little girl named Caylee Anthony.” From there she went on to describe in detail this 2-year old’s life with her grandparents, who adored her, and her mother who seemed more concerned...
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...Dispute resolution strategies Name Institution Abstract The paper is about dispute resolution strategies. It identifies three strategies and discusses them in details. Specifically, the paper entails an elaborate discussion on mediation, negotiation and compromise as conflict resolution strategies. Mediation and negotiation are alternative dispute resolution ADR strategies while compromise is an incorporation of litigation and can also be part of ADR. The three strategies are applicable for organizational and other types of conflicts. Apart from proposals off the potential applications of the methods, the paper also presents a comparison between the three methods and the legal systems of resolving conflict. In addition, it discusses in brief the processes, benefits and the limitations of the processes. Mediation Mediation entails a due process that involves a neutral third party, a mediator, in conflict resolution. The mediator is never judgmental nor partisan during the process. The mediator never decides any wrongdoers but focus on the problem-solving process. Mediation allows for the revision and adjustment of the conflict scope. Agreements after mediation are readily acceptable than those from a judicial ruling because all participants are involved in reaching a compromise. Mediation is informal and involves a mediator that guides the process. The mediator engages the disputants to drop hostilities and come to a mutual agreement. In fact...
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...Activity Description: Courtroom Observation The case being presented today was State of New Jersey v. David Connor. This case is being presented in the Superior Courts of New Jersey at 50 West Market Street floor 10 Room 1004, Newark, NJ. The observation took place July 1, 2008 from 9AM until 3:30PM. The charges against the defendant David Connor are first-degree murder, second-degree aggravated assault, second-degree disturbing/moving human body, third degree unlawful possession of a weapon, and third degree possession of a weapon for an unlawful purpose. David Connor has a co-defendant by the name of Tareek Gilliam. The judge presiding over the case is the Honorable Joseph Cassini. Romesh Sukhdeo is the assistant prosecutor from the Essex County Prosecutors Office and John McMahon is the public defender representing the defendant. Honorable Joseph Cassini began the morning addressing a motion to dismiss the indictment submitted by the public defender McMahon on the grounds that the prosecutor answered questions for the jury and the actions of the assistant prosecutor were inappropriate. The motion also stated that the assistant prosecutor became the witness. The judge also reviewed the proceedings that were mentioned in the motion to dismiss the indictment in which the prosecutor actually was answering questions the jury members had asked. Honorable Joseph Cassini sighted numerous cases including State v Bennett, A-2157-04T5 where the prosecutor misstatements...
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...BUSI 301 COURTROOM OBSERVATION PAPER Indiana Northern District Court Case Number 82a04-8876-cv285 Plaintiff: Deborah White Plaintiff representatives: Walsh Jackson and Amanda Babott Defendant: Patrick Gibbs and O’Malley’s Tavern Defendant Representatives: Benjamin Walton and Jordan Van Meter Defendant Council Overview: Jordan Van Meter and Benjamin Walton are representing the defendant who is Patrick Gibbs and O’Malley’s Tavern. The representing defense suggests that the Court give a summary judgment to John Daniels who was the bartender at O’Malley’s Tavern. The Plaintiff is seeking damages from the defendant, Patrick Gibbs and O’Malley’s tavern stating that Mr. Gibbs had knowledge of Mr. Hard’s intoxication. The Indiana Law. Ind Code Ann 7.1-5-10-15.5 2006 does require that a defendant have actual knowledge in order to recover damages. Constructive knowledge does not satisfy the presumption, only subjective knowledge. Circumstantial evidences cannot support constructive knowledge, but only actual knowledge. According to the 7th circuit court of Indiana, visible acts of intoxication are subjective. The bartender himself only saw Mr. Hard sitting on a stool drinking whiskey which is not an uncommon occurrence in a bar. The case that was cited in the courtroom, the Ash Lock case (Ashlock v. Norris, 475 N.E.2d 1167, 1170 Ind. Ct. App. 1985) was not as severe as this case. This specific bartender at O’Malley’s Tavern did not have actual knowledge of...
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...CRM-260 Mrs. Patterson 1/5/13 Courtroom observation The purpose of this paper is to show what I observed throughout the three hours that I spent in the Green County judicial courtroom number V. This was the first time that I had ever been in any courthouse and I felt like I was entering an airport terminal when I had to go through security in order to enter the building. When I first arrived the judge was not in the courtroom and we had to wait around twenty minutes for him to enter, when he finally arrived we all stood as he entered and the sentencing for the case of State vs. Raymond was under way. In this case the prosecutor was seeking a twelve year prison sentence for the defendant. the defendant, Raymond was being brought up on charges for meth use and violating parole ten times. The defense attorney wanted a 100 to 120 day in-patient treatment sentence. His defense was that he had been conviction free for the last three years, in last few months he had paid quote “ several thousands of dollars in child support,” and lastly he has lately been focusing on his family more. I thought the reasons that the defense stated were not adequate enough to receive a 100 to 120 day in-patient treatment, and neither did the state. When it was the states turn to prove that his actions were in fact worthy of a twelve year prison sentence, it was a much more convincing argument. The main points that the prosecutor hit on where: he failed to find employment, failed to meet...
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...Courtroom Observation Written Assignment Part I – First Draft – 15 points This assignment requires that you provide details of a court case, e.g. crime, victims, environmental circumstances (who, what, where, when, why), potential issues with trial, etc. You may choose from the list of defendants or cases below or choose your own. Casey Anthony Phillip Garrido George Zimmerman OJ Simpson Debra LaFave Timothy McVeigh James Holmes Scott Peterson Dennis Rader Drew Peterson Brown v. Board of Education Miranda v. Arizona Gideon v. Wainwright Roe v. Wade A 5-7 page paper (typed, double-spaced) descriptive paper will be completed. This must include at least 2 academic sources and citations must be included throughout the paper either in MLA or APA format with a reference page at the end of the paper. There should be both an introduction at the beginning of the paper as well as a conclusion at the end of the paper. The first draft of this paper is due on Wednesday, March 12. Bring a printed copy to class on this date. Part II – Student Editing – 10 points Each student will exchange papers with another student in the class to student edit each other’s work. This will be done in class and therefore cannot be made up. Please be aware of giving both positive feedback and ideas/areas where improvements can be made. This will be a benefit to both the student receiving your feedback and to your own paper. Focus on content, but do not ignore spelling and grammar. For this to...
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...Forensic Accounting in Practice Twana Bethea BUS 508 May 21, 2013 Dr. Phyllis Praise Abstract Forensic Accounting is the application of the skills and training of a chartered accountant to disputes and investigations. Fraud is usually hidden in the accounting systems of organizations and that’s where forensic accountants play a critical role. Forensic accountants are contacted by companies when they need to figure out where a fraud was committed in their company. The accountants interview witnesses, analyze evidence such as email traffic between all parties involved. They will also freeze bank accounts if needed. They are hired to find out what happen and who was involved. If the case goes to trial they can be called to testify. The key skill of the forensic accountant is communicating complex financial transaction or data in a concise manner using images, graphs and languages that can be easily understood by non-accountants, the judiciary, and juries. With the growing complexity of business related investigations, Forensic Accounting professionals are increasing and the need is as well for investigations of business and financial issues. Forensic Accounting Practices Forensic Accounting has been in exist for many years, today there have been an increase in the need for this type of profession. Forensic accounting is the practice of integration of accounting, auditing and investigative skills. The accountings provide a court with an accounting analysis on the basis...
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...Courtroom Observation Case White v. Gibbs John Simpson Louisiana Tech Abstract This paper observes the court case of White v. Gibbs in which Debbie White is suing Patrick Gibbs and O’Malley’s Tavern under the civil provisions of Indiana’s Dram Shop Act (National Conference of State Legislatures, 2014). Deborah White brought this court case to the Supreme Court in order to argue against the summary judgment filed by the defendants. A summary judgment would allow for them to avoid going to trial only if the Judge sees fit to deem that there are no disputes to the material facts of this case (West Encyclopedia of American Law, 2008). The attorneys representing Mrs. White are Amanda Babbitt and Jackson Walsh. The attorneys for the defendants are Benjamin Walton and Jordan Van Meter. Courtroom Observation Case White v. Gibbs The lawsuit arose from an incident where Mrs. White and her husband Bruno were having dinner at O’Malley’s Tavern. On that night there was another patron at the bar, Edward Hard, who was also Mrs. White’s ex-fiancé. During the court case we find out that Mr. Hard had shown a lot of animosity toward the White’s due to Mr. Hard and Mrs. White’s previous relationship. There was also a former altercation between Mr. White and Mr. Hard, and even though this had been resolved, Mr. Hard still showed this animosity. On this night, Mr. Hard had a bill from O’Malley’s Tavern in which he was charged for purchasing 13 alcoholic drinks. According to the...
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...October 6, 2012Criminal Court Visit Essay Abstract The purpose of this paper is to highlight the different aspect of the Criminal Justice after visiting the criminal justice office(s). The visit is done during the last week of September 2010 and the visiting point was the United States District First Court of Appeal, the court located at 301 S. ML King Blvd. Tallahassee, Florida. In this paper the findings will be discussed that what factors (selected) are involved that affect the process of administration of justice. It will be tried the best to explain the observations and views with comparison and contrast. However, the points will be discussed in narrative format to grab the information precisely. The Criminal Court Visit and the Observations First, have some information about the Criminal Justice. The Criminal Justice is the system or group of system and institutions that have the prime responsibility to mitigate the crime or crime rate and to take necessary actions to cope with the situations that is critical and sensitive in nature to maintain the peaceful environment of the society. It is ideal profession for those who has investigative mind. The President's Commission defined the criminal justice system as the means for society to "enforce the standards of conduct necessary to protect individuals and the community”. (The Challenge of Crime in a Free Society, 1967) The Criminal Justice system has three main parts: Police, Courts...
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