...from making improper remarks or improperly introducing evidence designed to prejudice the jury. Prosecutorial misconduct violates court rules or ethical standards of law practice. Hiding, destroying or tampering with evidence, can also have serious consequence, which is taken very seriously in the courtrooms. If the prosecutorial fails to disclose evidence that might tend to exonerate the defendant, threatening, badgering or tampering with witness can also, lead to jail time. Acting in these action can lead to them being disbarred and fined. The due process control model and the crime control model in evaluating the judicial process. Prosecutors have a big responsibility within the criminal justice system. They act as the legal representatives of the government when cases are filed against people who violated the law. It is essential for prosecutors to ensure that the evidence is sufficient before they bring the case to the court. The standards set by Strickland v. Washington will also be clarified by describing it and its effect on courtroom cases. These guidelines and procedures cover rules in handling evidence, code of ethics, and the rules of the local court. They should also guarantee an impartial hearing for the suspect or the person charged with a crime. Standard guidelines and procedures determine the demeanor of a prosecutor during the case. Prosecutorial misconduct will be committed if the prosecutor does not follow these guidelines and procedures. When prosecutors...
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...Introduction: Companies are the dominant form of business association. The fundamental concept of company law was developed based on a case decided more than 100 years ago in the UK’s House of Lords. The case of Salomon established a maxim that a company is a separate legal entity distinct from its members. When a company is formed, it is said to have become “incorporated”. Thus it is a separate legal entity or a legal ‘person’ it has features that have given a company certain capabilities under the realm of law. The capabilities would include employing personnel, making contract, owning property, paying taxes and so on. A company can also sue and can be sued. Under the eye of the law, anything that is capable of rights and duties is a person and thus has a personality. Persons can be of two types under the eye of law (i) natural persons and (ii) artificial persons. Natural persons are human beings and artificial persons are those created for the purpose of laws known as corporations or companies. As soon as a company is registered under the company act, it attains the status of a person that can buy, lend money, file and defend suit, sell goods and hold property. One of the major features of a corporation from the very beginning is that the owners/shareholders enjoyed limited liability, which means, the owners were not liable for the debts of the company. Before the industrial Revolution it was only the persons who could be sued or sue. Thus, when a corporation breached a...
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...invalidation) by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority (such as the terms of a written constitution)[1] as it was seen in the recent case of Nigel Kalonde Mutuna and Charles Kajimanga, where the two High Court Judges applied for leave for Judicial Review in respect of the decision of the President of Zambia to appoint a Tribunal to investigate the Applicants and to suspend the applicants. An Ex-part order was granted by Hon. Mrs Justice F. Chisanga to the applicants for leave to apply for judicial review. The leave granted to the applicants operated as a stay of the decision of the President. Therefore judicial review is a High Court procedure for challenging administrative actions. Delegated legislation may also be challenged. It allows individuals, businesses or groups to challenge in court the lawfulness of decisions taken by Ministers, Government Departments and other public bodies. These bodies include local authorities, the immigration authorities, and regulatory bodies and some tribunals. In the case of R v HM the QUEEN in Council, ex parte Vijayatunga[2], Mr Justice Simon Brown ( now Lord Brown of Eaton Under Heywood) observed that “judicial review is the exercise of the court’s inherent power at common law to determine whether action is lawful or not; in a word to uphold the rule of law”.[3] Judicial review is a type of court proceeding in which a judge reviews...
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...creating fair outcomes, they should also tailor their actions, language, and responses to the public’s expectations of procedural fairness. By doing so, these judges will establish themselves as legitimate authorities; substantial research suggests that increased compliance with court orders and decreased recidivism by criminal offenders will result. Procedural fairness also will lessen the difference in how minority populations perceive and react to the courts. Hon. Kevin Burke, Minnesota District Court, Hennepin County, and Hon. Steve Leben, Kansas Court of Appeals “Procedural Fairness: A key ingredient in public satisfaction,” Court Review This observation report has two parts. The first part centers on the four principles of procedural justice: neutrality, respect, trust, and voice. For each principle, we ask a question and request three responses: (a) check which behaviors you observed, (b) describe the judge’s performance on the bench, and (c) score the judge on that principle. We’ve provided a brief description of each principle. Please base all of your responses on the judge’s behaviors which you observed while in court. Do not expect to see all the sample behaviors each time you observe in court. Select a score based on the following standards: 1 = inadequate performance 2 = substandard performance 3 = acceptable performance 4 = very good performance 5 = outstanding performance The second part of this...
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...Appellant's argument is without merit and must be rejected and his conviction and sentence affirmed. The Court held that under very limited circumstances counsel was entitled to be present at an interview with the witnesses occurring immediately after a lineup at which counsel had been present. People v. Williams, 3 Cal. 3d 853, 854 (1971). A majority of courts, however, do not. subscribe to this view. People v. Mitcham, 1 Cal. 4th 1027, 1028 (Cal. 1992); United States v Ash, 413 U.S. 300 (1973); United States v. Bennett, 409 F.2d 888, 889 (2d Cir. N.Y. 1969); People v. Gonzalez, 27 N.Y.2d 53, 54 (1970); State v. Giragosian, 270 A.2d 921, 923 (R.I. 1970). "The Sixth Amendment does not grant an accused the right to have counsel present when the Government conducts a post-indictment photographic display, containing a picture of the accused, for the purpose of allowing a witness to attempt an identification of the offender. A pretrial event constitutes a " critical stage" when...
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...recommendation and gives Bob the loan. Unfortunately, when Bob does a poor job and his airline goes bankrupt. When Bob defaults on the loan, the bank is only able to recover $150 million. The shareholders bring a derivative lawsuit against Joan for breach of her fiduciary duty of care. How likely is the derivative action against Joan to succeed? Rule: The standard by which decisions of a board of directors of a business are to be reviewed by the courts is known as the business judgment rule. The business judgment rule provides that a board of members action is protected from challenge if there is a good business justification for the decision and it isn’t fraudulent or an abuse of discretion. When the business judgment rule is applied, the burden of proof to establish the impropriety of the decision is on those challenging it. In the case United States District Court for the Southern District of New York 683F. Supp. 422: 1988 U.S. Dist., the plaintiff filed a motion for injunctive and declaratory relief of fiduciary duty. The court denied plaintiffs motion without prejudice to renew because defendants’ Board of Directors acted in good faith and thus were entitled to the benefit of the business judgment rule in the adoption of its rights....
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...tortious interference. The state court in West Virginia adjudicated against Massey Coal and made the company pay $50 million for compensations to Caperton. West Virginia Supreme Court of Appeals granted review of the case, Caperton filed for the motion that Justice Brent Benjamin removed himself from the case due to the $3 million dollar donation to Justice Benjamin’s campaign when running for Supreme Court of Appeals seat. Judge Benjamin’s participation in the case was stated to be “constitutionally unacceptable appearance of impropriety”. Motion denied and case was to be dismissed....
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...BUSN 420 Chapter-End Critical Thinking Cases Professor Mitchell Levin DeVry University August 8, 2015 16.1 Specific Performance Can C&H recover the liquidated damages from Sun Ship? Yes C&H can recover liquidated damages from Sun Ship. C&H had contracted with Sun Ship to deliver a barge on June 30, 1981 they also went under contract with Halter to deliver the tug on April 30, 1981 to the ship yard of Sun Ship. Both entities breached their contract as they failed to deliver by the dates in the contract. Halter completed the tug July 15, 1982 and Sun Ship completed the barge March 16, 1982 and delivery to C&H was in July 1982 they were both more than a year late on the contracted agreement. By having the force majeure Sun would have been entitled to an extension however they were still late and it seems as if there was a lack of good communication between the two contractors. C&H received the $17,000 per day that was agreed upon as liquidated damages this totaled $3,298,000 but it was also determined that they were entitled to $1,105,000 more less the setoffs determined by the district court (leagle.com). C&H went into contract in good faith with Sun Ship and there was a reasonable amount of time to produce and deliver the barge. Sun Ship wanted to blame Halter for the delay but they were both equally responsible for the delays that occurred and should in fact have to pay the liquidated damages since the contract explicitly stated the delivery...
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...In this case study, the causes of that the Andersen’s auditing of companies accused of accounting improprieties, it’s has a main factor. Because Athur Andersen do not think about the company who is to cooperate whit it is like Athur Andersen to make deceptive accounting. These four real cases to show us how they operate the deceptive accounting. First point, “Sunbeam.” 1997 sunlight company (SUNBEAM) is referred to the forge sales volume, the profit and the expenditure. Under its partner discrete sampling's premise, Andersen had still approved the sunlight company to have the questionable point financial reporting. Finally, Sunlight Company suspends pay. Claim request which proposed regarding the American negotiable securities and the transaction committee, Andersen strong against. Finally, to accuse in the situation which shows neither approval nor disapproval, Andersen and the shareholder out of court settlement, compensates $110million dollars. Second point, “waste management.” Waste Management the company to make a false report gathers shares the desk, Waste Management Company’s financial reporting 1992 to 1996 income false report to amount to $1.4 billion dollars to the company. The American negotiable securities and the transaction committee discovered that Andersen's report has the misleading function. Rules it to be a suspect the improper occupation operation finally. Andersen has accepted this ruling, and has paid damages $7 million dollars civil fine. The Andersen...
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...privacy has mainly been provided for procreation right. Some people feeling entitled to a right to privacy, is it almost inevitable that differences of opinions would occur in the workplace, and court cases would be raised dealing with an employee's right to privacy. The question that needs to be answered is where a corporation's rights and employee's rights are differentiated. Should employees have a reasonable expectation to privacy? Should companies have a reasonable right to access their employees various tools in the workplace? In the privacy court case, Bill McLaren Jr. v. Microsoft Corporation, the most fought over is whether a business has the right to intrude on a worker's privacy as it relates to personal emails. Privacy rights can be violated under common law if the intrusion into the private life would be found offensive by a average person. Bill McLaren Jr. was an employee of Microsoft who was under accusation of sexual harassment. As the accusations were looked into, McLaren was denied access to his emails. Unless he specifically requested them and it got authorized. He sent a memo to Microsoft to not tamper with his workstation or his personal email folder. Microsoft later fired McLaren after their investigation was completed. Bill McLaren Jr. brought the court case against Microsoft for invasion of privacy as they entered into his computer and emails, which...
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...Article Critique #3 June 7, 2013 Walsh, M. (2013). A County in Alabama Strikes a Bankruptcy Deal. New York: The New York Times Company. This article reports how a county in Alabama is dealing with bankruptcy and how it will handle the situation. Due to a sewer debt shot up during the financial turmoil of 2008, and the repayment schedules accelerated sharply, it left Jefferson County unable to pay. The repairs went unfinished as well. According to the article, the county also had other debt outstanding when it declared bankruptcy, for a total of $4.2 billion, making it the biggest municipal bankruptcy in United States history. Residents of the county are worried that the bankruptcy will make their property values lower and higher taxes for county services. Governmental bankruptcies are rare and usually involve small single-purpose authorities and districts, not large, complicated counties with a lot of debt. Experts in public finance have been watching Jefferson County closely to see what kind of legal precedent it will set. Some were concerned that the successful application of Chapter 9 bankruptcy rules to municipal debt could cast a pall over the municipal bond market. The article states that the refinancing agreement covers debt held by creditors that include JPMorgan Chase, which holds about $1.22 billion of the sewer debt, the biggest block; three bond...
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...Tabitha Hall 4/28/13 Individual Project 3 Introduction to American Court System American InterContinental University Randolph Fein Abstract In this paper I will discuss that Criminals are afforded certain rights of the Bill of Rights. States are not given such protections as they are not in the same class as the defendant. The Bill of Rights is for all persons in these United States. Corporations also have this protection. In the time of this countries creation the Constitution was not complete without the protections of the Bill of Rights. This Bill was created to keep the governments in check in respect to the people who gave them the power to operate. Since the Bill of Rights was created in 1791 it had to be added or incorporated into the States relations with its citizenry, the original version was for the federal governments dealing with State Citizens. Knowing that tyranny was only a step away from that in power or in commerce this Bill has the power to keep the authorities in their respective place and adhere to the rules of procedure. Criminals have certain protections of the bill of Rights also, as they are citizens of the several States or the Federal government, being under the protection of this document it affords them a myriad of guarantees that a State cannot use. The most important right given is the right to remain silent which is the 5th Amendment. This is important because the authorities will use what is stated by a defendant against him...
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...the county did not provide adequate representation to many defendants. According to a 2011 study by the Philadelphia Inquirer, 69 Philadelphia death penalty cases have been reversed or sent back by state or federal courts after findings that the defense attorney’s inadequate performance deprived the defendant of a fair trial. When these cases were retried, almost all of the defendants received a sentence less than death, and some were acquitted altogether. Maricopa County in Arizona ranks fourth among counties in the country...
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...agreements (NDA’s), a court most likely would rule in favor of Greene's Jewelry. This ruling comes from the matters of breaking legal contracts. NDA’s are legal binding contracts. Ms. Jennifer Lawson breached the confidentiality agreement/contract, that she was required to sign upon working for Greene's, when she took secret information to multiple competing jewelers. The agreement was a valid bilateral contract which was expressed in writing. To qualify as a contract, a set of promises must be based on a voluntary agreement, which is made up of an offer and an acceptance of that offer. Any court will need to know the terms each party has agreed upon to determine if there was a breach of contract and calculate a remedy. In the case of RRK Holding Co. v. Sears, Roebuck and Co. (United States District Court, N.D. Illinois, Eastern Division 563 F.Supp.2nd 832 May 27, 2008), the jury’s calculated remedy cost Sears $25 million for misappropriation. By providing documentation of the NDA, signed by Ms. Lawson at the time of her initial employment, the plaintiff can display the defendant’s understanding and thus blatant and reckless disregard of her responsibility to not disclose any information pertaining to the patented process for producing “EverGold.” Also, by providing the court with her initiated and signed contract with the plaintiff’s competitor, Greene’s is able to prove that Ms. Lawson knowingly gave this information away for gain. A winning case showing contract violation...
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...acceptability. In fact, they were bedfellows in Sunbeams accounting methods. With each of the company’s histories, they had the resources to make better decisions regarding their actions. Yet, it appears they ignored their responsibility to the public in order to garner the highest gain. Arthur Andersen LLP Arthur Andersen LLP, with its ninety year history, for a long while stood as one of the most well respected, influential, high-earning, and ethical accounting firms in the world. Yet, with the rise of its consulting services, several apparent oversights, the demise of a number of its clients, and questions of the firms relationships with clients; the company came under attack from investors of its clients, regulators, and courts. Without a valid defense, based simply on its profession and who the company was suppose to defend, Andersen found itself answering tough questions and paying millions of dollars in restitution. The result was that Andersen was forced to cease auditing public companies and to end its long history as a well respected accounting practice. There are several legal and ethical issues surrounding...
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