...Kathleen Rice (Democrat) has served as the Congressional Representative for District 4 since January of 2015, her first term. Rice, a lifelong resident of Long Island who hails from Garden City, earned her law degree from Touro Law Center in 1991 after finishing her undergrad at the Catholic University in 1987. Prior to being sworn in as Congresswoman, she started her career as an Assistant District Attorney serving the public of Brooklyn, New York. Rice dealt with countless domestic violence cases, as well as cases of gang violence- all of which lead her to ultimately join the “Homicide Bureau.” This elite group serves as a legal adviser to police in homicide cases, and it aids in investigating and prosecuting some of the most high-profile...
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...Janet Erly’s constitutional rights have been violated. Since she is indigent, she receives a subpar defender who does not spend more than 3 hours on a case. Erly should be given a retrial, where a fair trial will ensue. For years, the public defender's office has only been given half of what the district attorney has been funded. Therefore, the public defender's office has been given inadequate funding to the effect that Janet Erly could have been given a proper attorney. Janet was wrongfully charged when the court convicted her of an armed robbery. If Janet Erly had been given a competent attorney from the public defender's office, or if she was able to afford her own, the case outcome would have been much different. Erly’s sixth amendment rights were violated...
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...1-page draft of how to present the processing requirements and the mandated pretrial measures required by law While many citizens think the real action in the criminal courts happens during trials, they are wrong in that assessment. Ninety percent of criminal cases are disposed of by guilty pleas rather than trials. Most of those guilty pleas are the result of agreements between prosecutors and defense attorneys. Plea bargaining is a process in which a prosecutor makes a concession to a defendant (for example, reducing charges or recommending a lighter sentence) in exchange for the defendant's pleading guilty. Even cases that go to trial are sometimes decided before the trial begins. Some experts think that the O.J. Simpson case, for example, was won outside the courtroom through early forensic work by experts and through a legal strategy that forced the prosecution to present its evidence at a preliminary hearing rather than a grand jury proceeding. In the landmark case Gideon v. Wainwright (1963), the U.S. Supreme Court held that the Sixth Amendment guarantees access to qualified counsel, which is fundamental to a fair trial. Gideon was entitled to a retrial because Florida failed to provide him with an attorney. After this decision, states were...
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...What's New Upcoming Events Speeches Testimony Special Studies Complaint Data Open Meetings Other Webcasts | | Litigation Information for... Divisions | | | | | | | | | | | | | | | | | | | | Home > News & Statements > Press Releases Former Ernst & Young Audit Partner Arrested for Obstruction Charges and Criminal Violations of Sarbanes-Oxley ActFOR IMMEDIATE RELEASE 2003-123 U.S. Securities and Exchange Commission San Francisco District Office 44 Montgomery St., 11th Floor San Francisco, California 94104 (415) 705-2500 | U.S. Department of Justice United States Attorney Northern District of California 11th Floor, Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 (415) 436-7200 FAX:(415) 436-7234 | US Attorney's Office and FBI Announce Guilty Plea of Former Ernst & Young Auditor to Obstruction ChargesSEC Charges Former Ernst & Young Employees for Alleged Role in Destruction of Audit Working PapersThomas C. Trauger, a former Ernst & Young partner who allegedly altered and destroyed audit working papers, was arrested this morning by FBI agents on criminal charges for obstructing investigations by both the Office of the Comptroller of the Currency and the Securities and Exchange Commission. The arrest and charges were announced today by the U.S. Attorney's Office for the Northern District of California, the Federal Bureau of Investigation, and the Securities...
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...legal professions who have the knowledge and skills relating to a wide range of legal practices as well as high professionalism and ethical standards, based on the legal theory and basic practical groundings that they have acquired at law schools. Those who pass the final national examination and complete training course are qualified to become assistant judges, public prosecutors or practicing attorneys. While Law Schools provide distinctive education in different styles, the training of legal apprentices is implemented based on the common curriculum applicable to all those who are to become judges, public prosecutors and practicing attorneys. (It is generally referred to as a unified training system.) This unified training system, into which the old training system for the magistratures (judges and public prosecutors) and the old training system for practicing attorneys was integrated, has been adopted as Japan’s consistent policy for legal training system since the training system for legal apprentices started in 1947. Under this system, while learning the viewpoints from which the respective types of legal professions examine cases, legal apprentices can acquire a broad perspective and improve their ability to see things fairly and objectively. It is also conductive to enhancing mutual understating among legal professions. With these advantages, the unified training system is unique when compared internationally, and has been highly evaluated in Japan. Note 1: Following...
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...lack of accord. Women who were raped were anticipated to have actually struggled to the highest of their influences or their assaulter would not be sentenced of rape. Moreover, a husband can have sex with his wife without her will without existence of the charge of rape. Beginning in the 1970s, state legislatures and courts expanded and redefined the crime of rape to reflect modern notions of equality and legal propriety. When the character of McGillis finally agrees to fetch some of the accused for trial, she doesn’t get any backing at all from the chief district attorney, and most of her coworkers feel she must have been out of her mind to do something like this. Assistant D. A.s are assumed to attempt on incidents, which they can succeed, by not going to look for missing grounds. But whatever the instructions are learned in the second trial of the movie is actually the most significant note the movie has to offer. Study signifying the connections among customary manhood, rape, and rape-associated insights have multiplied from the time when the growth of radical hypothesizing that the rape of a women is inspired by masculine power. The past documentation displays the devotion to male philosophies, as well as further overall destructive arrogances toward women, connected to damaging rape-related...
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...conflict resolution (McDowell & Sussman, 2004). Avoiding ADR can result in an exorbitant amount of unnecessary legal fees for both parties. Alternative dispute resolution emphasizes mutual problem solving and broadens options for resolving conflicts in hopes of minimizing hostility (McDowell & Sussman, 2004). If ADR is not utilized, the other option is litigation. While litigation is an option, it is typically used as a last resort due to the fact that it is much more expensive and time consuming. Opperman’s (2000) study found the following: ADR effectiveness in twenty-nine medical malpractice claims against the government handled by Assistant U.S. Attorneys revealed that seventeen cases were settled in mediation, and in another ten cases the issues were narrowed by mediation. The attorneys surveyed estimated that they saved an average of 100 hours of attorney time and six and one-half months of litigation time in each case, not to mention a per case average savings of $12,000 in litigation costs. I will review AT&T Mobility...
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...developing regions of the world.’ Duh. This settlement shows Glaxo follows similar unethical business practices in the developed world with its primary pharmaceutical products. An Australian professor wrote a revealing article about how Glaxo manipulates research evidence in medical journals. He gained this insight through internal company documents he had access to during a lawsuit. Bottom line? If you think corrupt and dishonest drug companies are being honest about vaccine safety, efficacy and adverse reactions, you have been deceived by their marketing and PR departments. Glaxo is pleading guilty and paying a criminal fine of $1 billion for misreporting efficacy data and failing to report adverse safety data from post marketing studies. ****************************************************************************************** Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASE Monday, July 2, 2012 GlaxoSmithKline to Plead Guilty and Pay $3 Billion to Resolve Fraud Allegations and Failure to Report Safety Data Largest Health Care Fraud Settlement in U.S. History Global health care giant GlaxoSmithKline LLC (GSK) agreed to plead guilty and to pay $3 billion to resolve its criminal and civil liability arising from the company’s unlawful promotion...
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...Ever since I was a little girl, my grandmother always taught me the responsibilities of a Native American woman. Although I did not grow up on the Navajo Reservation like she did, she made sure my sisters and I understood what our ethnicity entitled us. As a Native woman, I was expected to learn our language, because our language defined our tribe. I was expected to respectfully follow our beliefs and traditions, because our beliefs and traditions made us distinct and allowed us, as woman, to keep the tribe in order. It was the woman’s job to make sure our tribe or family represented well. And lastly, I was expected to always fight for what I believed in. I was always afraid about the responsibility of fighting back and standing up for my beliefs. Nevertheless, when it comes to my people, I believe it is my place and my right to inform American citizens of the effects caused by the United States Government. Native Americans aren’t as prosperous as they used to be and being contained on reservations has only deteriorated our people, our land and our entitlement to justice and protection. There has been a rise of many destroying factors on reservations, such as abuse of alcohol and the rise of brutal crimes, but the most important and overlooked is the crimes against Native women. Justice on Native American reservations requires a fight. The backbones of most tribal communities are continually and increasingly being taken advantage of. With tribal authority ranging from little...
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...education, experience, and volunteer work have provided you with the skills that relate to the duties of the position. You can convey this commitment by carefully tailoring your materials to the job description. If there is no job posting, use the website to learn all that you can about the organization’s work and the clients they serve. Talk to other students who have worked or volunteered with the organization. (You can find this information by looking at the lists of where students worked in previous summers). Use this information to highlight your relevant experience and illustrate that you can “hit the ground running.” In your resume, you may want to highlight relevant coursework from law school or undergraduate studies especially clinics or externships; volunteer work that relates to the client population or demonstrates your commitment to public interest/ government work; your language skills; and for government positions your leadership skills. In your cover letter, use strong topic sentences to summarize the skills you bring to the position. The rest of the paragraph should...
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...The Power of Facebook It's hard to believe Facebook didn't exist until 2004. Created by Marc Zucherburg, Facebook has become a phenomenon in the social networking world. Zucherburg and two of his fellow students created the site to allow them and other students in the University they attended to connect online and meet each other, and since then it has went on to become a household name and a website that is used more often than Google. Facebook allows people who probably never would have met each other in person to communicate, it creates new relationships and friendships, and it places distance between people who could communicate in person but instead choose to communicate online, instead. It is just another element of society that is interested in sharing information with the intimacy of a close, personal relationship. Facebook is nothing more than a medium for communication, and yet, it is so much more than that. At a glance, a user can learn everything from what gender a Facebook member is, to what religion they believe in, what school they attend, and their likes and dislikes, all with the click of a mouse. With this convenience comes some risks. Facebook has a dark history of predators connecting with vulnerable young people over the Chat Client. There are event announcements, party attendance lists, friend lists, group lists, fan pages and The Wall where friends post messages. All of these things make it very easy for a predator to stalk victims in real time. ...
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...R?The Vagaries of Civil LitigationA. D. R. means Alternative Dispute Resolution, mostly applied to civil cases. When a civil case is instituted in a court of competent jurisdiction, the scenario usually is, that a long time is taken to serve the process, the defendants beat the law and submit their written statement/s after a long delay beyond the permissible statutory period of two months, lawyers and judges do not take any interest in screening out a false and frivolous case at the first hearing of the case under Order X CPC (in fact no such first hearing takes place), they seldom try to shorten the disputed questions of fact and law by application of Orders XI and XII of the CPC and mostly ignore the elaborate procedure of discovery, interrogatories, notice to produce etc. contained in those Orders, the issues of a case are seldom framed following the Code of Civil Procedure, the case takes several years to reach a settlement date and on the date of positive hearing half a dozen or more ready cases are fixed for hearing, resulting in the hearing of none. In the meantime years roll by, presiding judge of a single case is transferred a number of times, witnesses of a single case may be heard by more than one presiding judge, arguments are listened to may be by another presiding judge and judgment may be delivered by a presiding judge who had had no connection with the case ever before. Our legal system has thus been rendered uncaring, non-accountable and formalistic. It delivers...
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...SAMPLE COURT WATCH REPORT (This sample report is based upon several real cases, but the names, dates and many details are fictitious) COURT WATCH REPORT 1) Student Name: Sally Student 2) CRJ 105 - Prof. 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...
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...During the trial of Timothy Foster race discrimination was the main factor in the trial. "Numerous studies demonstrate that prosecutors use peremptory strikes to remove black jurors at significantly higher rates than white jurors" (Totenberg, November 2 2015, Para 2). Peremptory strikes are classified as removing jurors without stating a particular reason or cause. This did not work in the favor of Timothy Foster, who was found guilty in killing elderly white woman, and was sentenced to death. “Foster's lawyers argue that black jurors were systematically excluded from the jury at his trial in 1987, while judges at all levels looked the other way for nearly three decades thereafter” (Totenberg, November 2 2015, Para 4). In Batson v. Kentucky...
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...Answers to Review Questions Chapter 1: Introduction to a New Career in Law 1.1. Eighty million lawsuits are filed every year. 1.2. The five major players in the development of paralegalism are: National Federation of Paralegal Associations National Association of Legal Assistants American Bar Association Your state bar association Your local paralegal association 1.3. CLE is continuing legal education or training in the law, usually short term, received after one’s formal training. 1.4. Meaning of abbreviations: (a) NFPA—National Federation of Paralegal Associations (b) NALA—National Association of Legal Assistants (c) SCOP—American Bar Association Standing Committee on Paralegals (d) NALS—The Association for Legal Professionals (Note: NALS no longer says that its name stands for National Association of Legal Secretaries) (e) AAPI—American Alliance of Paralegals (f) IPMA—International Paralegal Management Association (g) ALA—Association of Legal Administrators 1.5. Web Sites: (a) NFPA: www.paralegals.org (b) NALA: www.nala.org (c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: (a) NFPA—The PACE exam. It is an advanced exam; paralegal experience is required to take it. (b) NALA—The CLA exam. It is an entry-level exam. No paralegal experience is required to take it. (Note: NALA also has an advanced examination that does require paralegal experience to take it.) 1.7. Fourteen categories of paralegal associations: ...
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