...In the Superior Court of the State of Arizona In and For the County of Yavapai | |) |Case No.: | |Plaintiff, |) | | |vs. |) |DIVISION 4 | |Defendant |) | | | |) |Memorandum of Points and Authorities in opposition to motion to | | |) |vacate order for hearing set for September 17th, 2008 | | |) |Assigned to the Honorable | | |) |Howard D. Hinson, Jr. | | |) | | | |) | ...
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...These misrepresentations are largely the fault of the scientist, who should not only ensure that all statements are supported with accurate data, but also clarify the proof of the evidence and avoid making decisions based on the likelihood of a defendant’s involvement (Garret-2009). False confessions are confessions that are untrue and usually end in the person that’s being interviewed falsely identifying a suspect, confessing to a crime that he/she didn’t commit or providing other incorrect information. Brandon Garrett’s 2010 analysis focused on the substance of false confessions to determine external factors. His studies were conducted to determine psychological techniques that would cause a person to give a false confession. Forty DNA exonerations were...
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...Ethics for Prosecutors and Defense Attorneys Phillip C. Moore U.S. Courts Professor Shenia C. Kirkland, Esq. January 29, 2013 Ethics has been defined in many ways, but one true definition remains elusive when attempting to obtain a clear and concise meaning of ethics. For this paper, ethics will be defined as rules of conduct in regard to specific actions as administered by a particular group of people; i.e. medical or Christian ethics (Webster, 2012). The purpose of this paper is to address two cases in which the prosecutor and defense attorney violated the Attorney Professional Code of Conduct. This paper will summarize the facts of the case and detail the duties of either the prosecutor or defense attorney; determine which duties were breached and what should have happened to bring them in compliance; and will deduce both the personal and professional ramifications of their actions. The first case to be discussed will be one that the Innocence Project appealed on behalf of Ralph Armstrong in Dane County Wisconsin. Ralph was convicted of the rape and murder of college student Charise Kamps in 1981. For the duration of his twenty eight year incarceration, Ralph maintained he was innocent. An internet search of the trial proceedings and how the jury reached their verdict of guilty in the original trial proved to be a dead end. However, the Innocence Project website and several news agencies provided the information on how the prosecutorial misconduct...
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... Constitution. Raytheon removed the case to Federal District Court in Boston. Korb then amended his complaint to delete all references to the U.S. Constitution (Standler, 2000). Korb was hired to be the corporation's spokesperson, and he spoke against the interests of the corporation. The topic was one of acute concern to Raytheon. Regardless of whether Korb believed himself to be acting privately rather than as a Raytheon employee, and regardless of what Korb actually said, the public perception after the press conference was that a Raytheon lobbyist advocated a reduction in defense spending. Raytheon had a financial stake in not advocating that position. Therefore, the court determined that Korb had lost his effectiveness as a spokesperson. There is no public policy prohibiting an employer from discharging an ineffective at-will employee. The fact that Korb's job duties included public speaking did not alter the rule (Standler, 2000). Garcetti v. Ceballos Richard Ceballos had been employed since 1989 as a deputy district attorney for the Los Angeles County...
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... | | | |Fraud: | |Intentional Fraud (false statement, concealment, omission) | |Negligent Misrepresentation (negligently false statement) | |...
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...private actors for the right of free speech. This essay attempts to provide the facts of the case, the issues, and the ruling. Much emphasis is put on the challenges associated with freedom of speech, freedom of information, and employment law while the public perceptions of Raytheon and its influence with the Department of Defense plays a huge role. FACTS, ISSUES, & RULING OF CASE Raytheon Company was founded in Cambridge, Mass., as the American Appliance Company in 1922, a pivotal time in American history. This company predominately manufactured equipment for the U.S. military along with defense technology and training, homeland and border security, and cyber security. The plaintiff, identified as Lawrence J. Korb, was employed by Raytheon as a vice president of operations. Korb made the decision to join a non-profit organization which was named the Committee for National Security. While on his lunch break a press conference was held by the CNC with the main focus being on the annual alternative defense budget. As a result of this press conference, an article was released in the newspaper detailing Korb’s criticisms and discontentment with the defense spending. He also went on to speak about a reduction in spending in regards to a...
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...statement as well as provide an ethical balance to the profession and to your company. “Another example which is extremely common is that you go to one of these neighborhood magicians that prepare your returns without evidence, due diligence, or ethics. Being the unethical practitioner that they are, he does the same thing for the rest of his clients. One of the other clients gets audited and the IRS discovers fraudulent intent performed by the accountant. Since the practitioner signed all of the returns and put his social security number on all of them, it is easy for The Government to determine which returns he completed. At that point they can send out audit letters to all of the returns that he completed. Now you are being audited, and what we described in the first example is happening to you.” (Amundson, 2011)...
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...necessaries. ANS: T NAT: AACSB: Analytic TOP: capacity 5. Material information is something that would affect the decision to buy or sell. ANS: T NAT: AACSB: Analytic TOP: misrepresentation 6. Misrepresentation must be fraudulent before rescission can be permitted. ANS: F NAT: AACSB: Analytic TOP: misrepresentation 7. Puffing is sufficient grounds for setting aside a contract on the basis of misrepresentation. ANS: F NAT: AACSB: Analytic TOP: misrepresentation 8. "This shirt is 100% cotton" is a statement that is puffing. ANS: F NAT: AACSB: Analytic TOP: puffing 9. Fraud is misrepresentation with intent to mislead or deceive. ANS: T NAT: AACSB: Analytic TOP: fraud 10. Duress requires proof of physical force. ANS: F NAT: AACSB: Analytic TOP: duress 11. Scienter is required for misrepresentation. ANS: F NAT: AACSB: Analytic TOP: misrepresentation 12. Undue influence requires proof of a confidential relationship. ANS: T NAT: AACSB: Analytic TOP: undue influence 13. Competency licensing statutes do not prevent enforcement of contracts by unlicensed parties. ANS: F NAT: AACSB: Analytic TOP: illegality 14. Contracts with illegal subject matter are voidable. ANS: F NAT: AACSB: Analytic TOP: illegality 15. Usury is regulation of licensing. ANS: F NAT: AACSB: Analytic TOP: usury 16. Unconscionability is an illegality defense. ANS: T NAT: AACSB: Analytic TOP: unconscionability 17. Covenants not to compete are valid only in...
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...Final Review for ACCT 436 M/C题： 1. Racketeer Influenced and Corrupt Organization (RICO) -Act that lists more than 30 different state and federal crimes for which the violation of any two in a related pattern over a 10-year period can lead to criminal and/or civil liability with criminal penalties of fines up to $25,000 and 20 years in prison; part of the Organized Crime Control Act (OCCA) of 1970. -The act was designed to combat organized crime, forbids certain organized gambling, and to allow the prosecution of criminal leaders who may not have been directly involved in a series of criminal acts but whose criminal organization carried out the details. 2. Benford’s Law (1)定义：A fraud indicator that predicts the relative incidence of first digits of numbers in certain types of random data. (2)Benford Analysis Benford analysis presents another interesting approach to fraud detection. Its general use is to determine the likelihood that fraud exists in records. This technique is based on Benford’s law, named after Frank Benford who realized that the likelihood that numbers 1, 2, 3, 4, 5, 6, 7, 8, and 9 will appear as the first digit in numbers occurring in a random data set conforms to a predictable pattern. That is, the number 1 is more likely to appear as the first digit in a number than is the number 2. The pattern of likelihood (Figure 6.6) continues with other digits: The number 2 is more likely to appear as a first digit than 3, 3 is more likely to appear as a first...
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...perspectives (fiction) about how court room drama is versus the real deal (reality). I will select a fictional television court room drama from the court television web site to help with my research, and then I will describe the fictional portrayals of the court room, including the trial process, the roles of the prosecution and defense, the roles of the court room participants and the handling or implementation of rights for the defendant and the victim. Then, draw parallels between the fictional portrayal and the reality of the court room within above identified aspects. I will then determine the accuracy of the fictional court room process as compared to that of the court room reality. I will also explain in my opinion, Given that entertainment differs from reality, what impact would fictional account of courtroom practices have on the average citizen’s perceptions of the real-life courtroom process. There are many people that make up a reality court room like: the bailiff, Court Reporters, Prosecutor, jurors, Victim, court room assistance, defendant or defendants, the judge and the defense counsel, each one of these people plays a major role in the judicial system to make it a whole. A Bailiffs has many job description, there to assist the court in any way, may it being by transporting a inmate to and from court or just to keep the peace in the court...
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...MEMO To: Supervising Attorney From: Heather Leigh Bradley Re: Security Protocols in the Law Office Date: April 8, 2014 You have asked me to research the ethical rules about what is permissible for the website that you plan to create for the law firm. I have conducted legal research on the following issues and am presenting my findings, as follows: 1. Does the website have to list the state where s/he is licensed to practice? Yes, the website does have to list the state or states where he/she is licensed to practice law. In ABA Model Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law, it states that a lawyer can not mislead, or withhold their jurisdiction of legal practice to the public, or misrepresent that they can practice law in a jurisdiction that they can not. A lawyer must make it known publically where they legally can practice law. The website must list your state or states that are in his/hers legal licensed jurisdiction must be specifically listed and can not be with held from general public knowledge or misleading to the public. His/hers state or states of licensed practice must be clearly listed to the public on any form of advertising, including websites. 2. Can the attorney list a legal specialty on the webpage? If so, are there specific rules that have to be followed? Is the attorney allowed to state that s/he is a certified personal injury litigator? Yes, the attorney can list particular fields of law that they...
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...DUTIES TO CLIENT Fiduciary Duty Attorney Must place the client’s interests above their own for representation and must treat the client fairly. Duty of Loyalty Attorney must pursue clients objectives unfettered by conflicting responsibilities or interests Duty of Diligence Attorney must pursue clients interests without undue delay Duty of Competence Attorney must give client competent representation legal knowledge, skill thoroughness and preparation Duty of Confidentiality from the 6th Amendment Right to Effective Counsel Duty of Confidentiality versus Attorney-Client Privilege The Attorney Client privilege is a shield in evidence which protects all documents created for the client during discovery....if a third party is present the privilege is lost. Work-Product Doctrine this extends to memorializations of conversations with 3rd parties, but not the actual conversations themselves. Anything produced/recorded in the process of and bearing on the legal representation of a client is protected (e.g. interviews, artifacts, documents, mental impressions...meaning ideas/thoughts, etc) POLICY: We want attorneys to record their impressions so they can have more sophisticated representation, therefore we protect it. BUT, if your opponent can show a substantial need for the material AND they show that they cannot get it in any other way....then you have to hand it over. The attorney-client privilege is thus stronger than work product (because WP can be...
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...History of Ethics: 1908 – Canon of Ethics 1969-70 Model Code 3 parts: 1. ethical considerations → what lawyers should do. 2. disciplinary rules → what lawyers must do. good 3. BAR _______________ acceptable set minimum conduct bad 1983 – Model Rules – most states follow. Set forth rules & comments akin to DR (set forth minimum conduct acceptable) 2000 – Ethics 2000 Commission ▪ California Rules of Professional Conduct – the only state to reject the ABA’s model rules or code. ▪ Ethics are governed by the highest court in the profession, not the legislature ▪ Vast majority of states, state bars (looking to ABA rules, not CA though) come up with the rules. 1. Licensing and Bar Admissions ▪ Regulated by the states. Most jurisdictions have chosen to test as a means of acceptance to the bar. ▪ Residency Requirement: 1. Out of State Residents - May the state discriminate against who gets into the BAR on the basis of residency? No. Supreme Ct v. Piper – woman applied to NH bar, lives 400 yards from NH border & application denied. Piper was admitted despite the state’s claims that non-residents were less likely to be familiar w/ local rules, lawyers not living in NH can’t be trusted, and out of state lawyers are less available for in state proceedings. Rule: State bar cannot discriminate on the basis of residency. 2. Geographical Restriction – some states permit waiver of the bar exam – ex: if...
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...other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR. | arbitration | The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding | mediation | A method of settling disputes outside of court by using the services of a neutral third party, called a mediator | arbitration clause | A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court. | negotiation | A process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them. | award | In the context of arbitration, the arbitrator’s decision. | concurrent jurisdiction | Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in either a federal or a state court. | diversity of citizenship | A basis for federal court jurisdiction over a lawsuit between * citizens of different states * a foreign country and citizens of a state or of different states * citizens of a state and citizens or subjects...
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...Carl decided to the door to see what was going on. There was a couple standing there asking to see a divorce lawyer. 1 1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b). (b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (1) to prevent reasonably certain death or substantial bodily harm; (2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services; (3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services; (4) to secure legal advice about the lawyer's compliance with these Rules; (5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim...
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