...work in accordance with the law and make sure a defendant is given all the rights under the law and should not do anything to violate the rights of the individual. At the judicial level, the judges must keep personal feeling out of the courts and avoid any misconduct that might cause a reversal of the charges in appeal or cause the public to question and doubt the justice system. * * A man named Michael Wayne Hash was the victim of a prosecutorial misconduct case back in 2001. Michael was convicted of murdering a 74 year old grandmother. Michael was convicted of capital murder after prosecutors made deals with three other men that were tried and convicted of the same case. In this case, the prosecutors withheld or concealed evidence that could have freed Michael * of the charges against him. Prosecutors did not disclose to the defense council that the accusers against him failed polygraph exams and had made deals to testify against him. There was no DNA match to Michael from the crime scene and the five different fingerprints found on the scene was not a match to Michael. A federal judge threw away the conviction after all the misconduct was discovered and admitted to the judge by the innocence projects team. (http://truthinjustice.org/mike-hash.htm) * * Prosecutors act as advocates for the government and are given absoulute immunity from being sued by...
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... Nevertheless, some broad areas of agreement exist, or should exist, in these areas, including: that some level of post-conviction relief is warranted; and that some forms of DNA databases are effective and appropriate investigatory tools. Areas of Consensus There are two broad areas of consensus. First, that DNA changes the meaning of time in the justice system. From this principle follows a number of measures to take in consideration: that evidence must be preserved; that there should be statutory criteria for post-conviction access and review of evidence; and those statutes of limitation should be increased or abolished. The second area of consensus is that DNA databases in some form, at least are legitimate and effective investigatory tools. Time has been deeply programmed into justice both pre conviction, with respect to statutes of limitation, and post-conviction, in limitations on bringing new evidence to bear. DNA has undermined this fundamental tenet of the justice system, and a consensus has developed that the rules of the system must be altered to reflect this. Evidence Preservation Any policy debate over how to manage inmate access to DNA testing must logically assume that the evidence to be tested exists and is locatable. Yet in many cases, such evidence has been...
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...the scientific method of investigation and the effects that tunnel vision and group think play have on it. With in this topic I will outline the steps involved in the scientific method of investigation and define the concepts of tunnel vision and groupthink along with ways to combat the effect in a policing context. 1A In matters heard before a court, a brief of evidence is prepared and provided to the court...
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...EVIDENCE OUTLINE Prof. Mark Bonner Fall 2012 |1 • INTRODUCTION | I. Trial Context A. types of evidence at trial 1. witnesses 2. real evidence – something tangible related to the case 3. demonstrative evidence – not part of the story, but lawyer wishes to show the jury something to demonstrate something about the case (e.g., experiment; picture of intersection) B. competing stories at trial – two ways stories can compete 1. factual differences 2. differences in inferences drawn from the same facts II. Policy Overview [values that the evidence rules protect] A. accuracy 1. rationality – does evidence have a rational relationship to the case? 2. reliability – is the evidence credible? B. efficiency – see FRE 403 C. fairness – rules should be party-neutral 1. but note: some rules exclude evidence to one party’s advantage (e.g., evidence that Δ fixed the steps after the accident excluded, b/c we want to encourage Δs to make steps safer) (e.g., Confrontation Clause, guarantees rt of accused in a criminal trial to confront witnesses brought against him) D. danger of misuse of information 1. one solution: limiting instructions 2. but sometimes we’re so skeptical of jury’s willingness/ability...
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...Case 1: Specific Performance Remedy Denied on Equity Standard Campbell Soup Co. v. Wentz et. al. UNITED STATES COURT OF APPEALS THIRD CIRCUIT 172 F.2d 80 (1949) OPINION BY: GOODRICH The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey corporation, entered into a written contract with George B. Wentz and Harry T. Wentz, who are Pennsylvania farmers, for delivery by the Wentzes to Campbell of all the Chantenay red cored carrots to be grown on fifteen acres of the Wentz farm during the 1947 season . . . The contract provides . . . for delivery of the carrots at the Campbell plant in Camden, New Jersey. The prices specified in the contract ranged from $23 to $30 per ton according to the time of delivery. The contract price for January 1948 was $30 a ton. The Wentzes harvested approximately 100 tons of carrots from the fifteen acres covered by the contract. Early in January 1948, they told a Campbell representative that they would not deliver their carrots at the contract price. The market price at that time was at least $90 per ton, and Chantenay red cored carrots were virtually unobtainable. The Wentzes then sold approximately 62 tons of their carrots to . . . Lojeski, a neighboring farmer. Lojeski resold about 58 tons on the open market, approximately half to Campbell and the balance to other purchasers. On January 9, 1948, Campbell, suspecting that Lojeski was selling it "contract carrots," refused to...
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...Part I: Principles of Contractual Obligation The Promise Principle and its Rivals A. Grounds for Enforcing Promises 1. FORMALITY Creation of a contract (§17): The formation of a contract requires a bargain in which there is a manifestation of mutual assent (offer and acceptance) to the exchange and consideration. a. When charitable promises are made without consideration or reliance there must be formality (evidence that the parties intended to be legally bound). (Deleo) i. Oral vs. Written ii. On death bed vs. more lucid with witnesses 2. BARGAINa. Consideration Elements (§71) i. To constitute consideration, a performance or a return promise must be bargained for. (§ 71(1)) Bargained for: sought by the promisor in exchange for his promise and is given by the promisee in exchange for that promise. (§71(2))(Whitten v. Greeley-Shaw: mistress; husband did not bargain) Performance may consist of: (§71(3)) a) an act other than a promise; b) a forbearance (Hamer v. Sidway: no drinking deal w/ uncle) (Duncan v. Black: empty cotton suit); c) the creation, modification, or destruction of a legal relation ii. Warnings for a lack of bargaining (from Whitten): The party proposing the contract also receives material benefit One party is vulnerable and the other takes advantage of a duress-like situation b. Consideration as Motive (§ 81) i. The fact that what is bargained for does not of itself induce the making of a promise does not prevent it from being consideration for the...
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...This week's graded topics relate to the following Terminal Course Objectives (TCOs): A | Given an organizational requirement to conform business practices to both the law and best ethical practices, apply appropriate ethical theories to shape a business decision. | I | Given specified circumstances of a business decision to expand to international markets, determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | ...
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...of a statement. * ---Names of accused were not mentioned in F.I.R. nor description of their features or their stature was given---Accused had not been identified and their identification test took place two- months after incident---Alleged identification of accused was based on flashing of torch light which was a weak form of identification. * When material on record was not showing as to which accused caused fatal injury leaving room for consideration regarding common intention of other accused, such case called for further enquiry- * ---Assessment of evidence ---Principle---Deeper appreciation of record cannot be gone into at bail stage, but only its tentative Assessment is to be made just to find out as to whether the accused is, prima facie, connected with the commission of crime or not. * ---No final findings could be given regarding plea of alibi at bail stage, as same would require recording of evidence ---Tentative Assessment of such plea, could be made, if it was found that accused had succeeded in establishing an opposite version then the case of accused would become one of further inquiry and on that score, accused would become entitled to the concession of bail. * one of accused was shown as armed with dagger, while other with Kalashinikov---Injuries sustained by the complainant were blunt which could be the result of danda attributed to absconding accused---No role seemed of accused persons in causing blunt injuries---Had accused persons participated...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...CIP Preparation Course Summer 2008 Project Lead: Susan Rose, Ph.D. Office for the Protection of Research Subjects Instructors: Darcy Spicer, Frances Richmond, Kathy Hurtado, Sandy Jean, Kristin Craun, Susan Rose, Peter Mestaz, Gordon Olacsi, Marlene Krammer HRA 7th Floor, Conference Room Weekly on Mondays from 4:30pm – 6:00pm From June 16, 2008 – August 18, 2008. Genora Baker, John Revilla, RoseAnn Fleming, Nasairah Carter, Marie Reyes, Scott Maul Location: When: Attendees: Course Objectives: The objective of this course is to provide IRB staff with the necessary tools, information, training, and support needed to prepare for and successfully pass the Certified IRB Professional (CIP) examination. Course Content Week 1 (6/16/08) Lecture Content and Speaker(s) Introduction, Overview, History, Common Terminology (Susan, Gordon, Peter) HHS/OHRP regulations, definitions, guidances (Kristin) FDA regulations & definitions, FDA/HHS similarities & differences, applicability (Kathy & Sandy) Reportables: Adverse Events, Unanticipated Problems Involving Risks to Subjects or Others (Darcy) HSPP/IRB Organizational & Administration International Research (Kristin, Sandy) Vulnerable Populations (Frances Richmond) Week 2 (6/23/08) Week 3 (6/30/08) Week 4 (7/7/08) Week 5 (7/14/08) Week 6 (7/21/08) Updated 6/19/08 1 of 2 Week 7 (7/28/08) Revisit FDA & OHRP ICH & GCP (Kathy & Kristin or Sandy) HIPAA, COI, State Law (Marlene) *Pre-post practice test, Q&A, CIP Discussion...
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...Chapter 3 Building permits Page 113 One purpose for requiring the issuance of building permits authorizing construction is to ensure that the issuing authority may ensure that the issuing authority may enforce the FBC and the Fire prevention code and thus provide for the safe construction, erection, alteration, repair and demolition of the building. Certain property such as schools federal, and state government faciliteies are not subject to permitting from local authorities State construction falls under the state uniform building code for public educational facilities The contractor will not be required to obtain a local building permit for the construction of the school on school property. However there may be local building permit requirements for utilities outside the school. There is a statutory formal building permit application. The law authorizes the building permit applications to be submitted in electronic form. The building department that accepts service permits in electronic form must provide access to the permit application through internet access in searchable way. A permit may not be issued for any building construction, erection, alteration modification, repair or addition unless the applicant for such permit complies with the requirements for the plan review status within the for the building code However the code shall set standards and criteria to authorize preliminary construction before completion of all building plans review, including but...
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...UNIVERSIDAD AUTONOMA DE NUEVO LEÓN FACULTAD DE CONTADURIA PÚBLICA Y ADMINISTRACIÓN INTERNATIONAL BUSINESS PROGRAM BUSINESS ITS LEGAL, ETHICAL AND JUDICIAL ENVIRONMENT “SUMMARIES” CHAPTERS 12, 13, 14, 15, 16, 20 and 21 Name: Nayeli Berenice Beltran Garza ID: 1586848 Group: 4Ai Cd. Universitaria de Nuevo León, November 16th 2015 CHAPTER 12 CONTRACTS AND SALES Introduction and Formation A contract is a promise or set of promises for breach of which the law fives a remedy, or the performance of which the law in some way recognizes as a duty. The three general sources of contract law for contracts entered into in the United States include common law, the Uniform Commercial Code, and the new sources of law evolving in response to e-commerce. Common Law The common law was the first law of contracts. It consists today of those traditional notions of law and the body of law developed by judicial decisions dealing with contract issues. Common law applies to contracts that have land or services as their subject matter. Contracts for the construction of a home and employment contracts are governed by common law. The Uniform Commercial Code (UCC) One of the problems with common law is its lack of uniformity, the states do not follow the same case decisions on contract law, and some states do not follow the Restatement. To address the uniformity, the National Conference of Commissioners on Uniform State Laws and the American Law Institute worked...
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...written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing to Renew an Objection or Offer of Proof. Once the court rules definitively on the record — either before or at trial — a party need not renew an objection or offer of proof to preserve a claim of error for appeal. (c) Court’s Statement About the Ruling; Directing an Offer of Proof. The court may make any statement about the character or form of the evidence, the objection made, and the...
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...Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. B1. An important function of the law is to provide jurisprudence. A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2. How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3. The basis for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal...
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...BABY AND THE BATHWATER: THE PERILS OF HOLDING JUVENILES IN CONTEMPT RICHARD SEITZ UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL 2008 You can learn many things from children. How much patience you have, for instance. - Franklin P. Jones THE CASE OF A.S. In December of 2007, A.S., a 17 year old female, was subpoenaed to testify as a state’s witness in a case against a man accused of assaulting another woman. When she failed to respond to the subpoena and did not appear at trial[1], St. Mary’s Circuit Court Judge C. Clarke Raley issued an order for her arrest. She was picked up by patrol officers on New Year’s Eve, and appeared before a different judge, who subsequently released her on her own recognizance. On January 9, 2008, Judge Raley issued another order, this time finding her in direct criminal contempt for her previous failure to appear as a witness, and summarily sentenced her to 30 days in the St. Mary’s County Detention Facility, the county’s general population prison for adult criminal offenders. A.S. was jailed in the detention center among the adult population; public defenders appealed to the judge on her behalf, claiming that her imprisonment was in violation of the Juvenile Justice and Delinquency Prevention Act[2]. Judge Raley was not compelled by the argument, stating that she A.S. “was not best served by guidance, treatment or rehabilitation [in a juvenile facility], but by a brief exposure to the St. Mary’s County Detention...
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