...You Be The Judge 11.1, page 288 In a boundary dispute over the location of an underground spring, plaintiff calls a dowser to testify that he dowsed plaintiff's land and estimates a spring flowing approximately 500 feet beneath the surface. 1. Does this testimony constitute scientific knowledge? No, dowsing is not recognizes to be effective in the scientific community. 2. Should it be admitted under the Frye test? No, this would not be admitted under the Frye test because it has not gained general acceptance in the particular field in which it belongs. 3. Should it be admitted under the Daubert test? No, the judge to allow admittance the court requires the expert to tie there assessment to known scientific conclusions. Explain your reasoning. Dowsing is not recognized in the scientific community, it was the ancient art of finding things, there is no scientific evidence to prove that dowsing is effective. For it to be admitted under Frye it must be sufficiently established and have gained general acceptance under the scientific community. Under the Daubert Standard even though the dowser might have specialized knowledge in dowsing it can not be admitted because it does not contain facts or data that have been proven and accepted in the scientific field. The testimony must be based on reliable principle and methods. It is the role of the trial judge to ensure relevance and reliable scientific evidence to allow the testimony to be admissible. The testimony of the Dowser...
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...Final Exam Review – Psychology 101 INTRODUCTION You are influenced by: 1. Physiology of your nervous system 2. 5 Senses 3. Cognition – Thinking and Problem Solving 4. Social Environment 5. Personality 6. Stress & psychological disorders Psychology is the science of what? Behavior * Science Aspect * Based on Experiments * Behavior * What is behavior? Observable through * Neural * Verbal * Social * Etc. * What is behavior driven by? * Mind * Body * Environment Basic Research vs. Applied Research * Basic Research is the seeking of more knowledge but not to solve a problem * Applied Research is using knowledge to solve a problem Figuring out what a part of the brain does is an example of? Basic Research Knowing what a part of the brain does and using that information to analyze why a part of a person’s brain isn’t working correctly? Applied research BEGINNINGS OF PSYCHOLOGY Who established the first laboratory devoted to Psychology, when, and where? * William Wundt, 1879, Leipzig, Germany Before 1800, questions of the mind were reserved for what field? * Philosophy From 1800 to 1879, rapid advances took place in what field? * Physiology Early psychology applied what methods to the study of the mind? * Physiological NEURONS 1600: Descartes & the Garden of St. Germain * Statues “came to life” as...
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...Case B Chunk is the anger management counselor for the XYZ Counseling Agency, a Limited Liability Company. Recently, XYZ Counseling Agency has been sued by a client named Wilbur for the reason that Chunk beat up him because of his failure during the counseling session two moths ago. In fact, XYZ Counseling Agency has admonished Chunk a week earlier because he grabbed a client by the arm and shook him. XYZ Counseling Agency has a specific policy against violence. In addition, Chunk was fired by another company in result of the violence five years ago. So Wilbur used XYZ Counseling Agency. Wilbur sued XYZ Counseling Agency because he was beaten by the company employee Chunk during the counseling session. And he believes XYZ Counseling Company should be responsible for behavior by their employees. In this case, the client is suing the counseling agency because he was physically assaulted by one of its employees. Wilbur, the plaintiff is suing XYZ Counseling agency because an employee(Chuck) physically assaulted him during an anger management session; he holds the company responsible for the employee’s action. By making a decision to hire Chunk despite his bad work record the counseling company took up responsibility foe his actions, thus providing the plaintiff enough reason to sue the defendant of the grounds of “tort of negligence”. The most important reason why Wilbur is suing the counseling company and the individual employees is that the company should be responsible...
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...CASE EXAMPLE A: Elaine has sued Jerry because Jerry fired her. Elaine was on the job for two months. The job offer letter she had been given mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The employer is an employment at will employer. Elaine was given no reason for the termination. After the termination, Jerry hired a man named Kramer, who had less job experience and education than Elaine, for the position. Elaine has sued to get her job back. The legal issues in the case of Elaine X v. Jerry Employer involve exceptions to the “At Will Employer” doctrine and various types of discrimination and their role in the termination of the plaintiff. There are several questions that must be answered before a ruling can be made in this case. Was the employer within his right to dismiss the plaintiff? Is there sufficient evidence to show the defendant was discriminatory against the plaintiff? The Plaintiff in this case could argue that she is the victim of wrongful termination by her former employer, and because of this she should be reinstated to her former position within the company. While the defendant in this case is an “at will employer,” meaning he can legally discharge an employee at any time for any reason, Elaine could claim that the “contract exception” to the Employment at Will Doctrine applies to her case. This would mean that in this situation there was an “implied-in-fact contract” that was created between...
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...The issue is who owns the engagement ring, Michelle Harris or Michael Albinger. The rule at hand is that the ring is a conditional gift. It was given to Ms. Harris by Mr. Albinger with the understanding that the couple was going to get married. Michael Albinger gave Michelle Harris a $29,000 engagement ring based on her verbal agreement to marry him when he proposed. The two had ended their relationship on several occasions, due to physical and emotional abuse. Each time the couple broke up Ms. Harris returned the ring. They had also reconciled on several occasions, at which time Mr. Albinger gave the ring back to Ms. Harris, with the understanding that they were going to get married. The final time they broke up they did not reconcile, and rather than give the ring back as she had done in the past, Ms. Harris kept it. In conclusion to this case my findings are the following: even though a gift is usually given without expecting anything in return, that is not the case with an engagement ring. The ring is only given after the person receiving the ring promises to marry the other person. If the person being proposed to turns down the proposal, the other person keeps the ring. It should be no different when the engagement is broken off. When the engagement is called off there is an understanding between the two parties that there is no longer going to be a wedding. The ring should therefore be returned to Mr....
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...done. REFRENCES Cheeseman, Henry R.. The legal environment of business and online commerce: business ethics, E-commerce, regulatory, and international issues. 5th ed. Upper Saddle River, N.J.: Pearson Prentice Hall, 2007. Print. During the course of a trial, witness are brought forward to either help support or to discredit a case. A deposition is a form of testimony that is given orally, and occurs under oath. It can be recorded either by video camera or by a court reporter, prior to a trial. This is considered a way to preserve evidence if a person cannot attended the trial, usually if the person is sick or deceased. According to CEBlog, an advantage of deposition is that a “deposition is the only discovery method that permits you to obtain testimony, documents, electronically stored information, and other evidence from nonparties”(para3)”. Some other pros of deposition is that we can lock in testimony, get spontaneous responses, no question amount limit and may even promote a settlement, preventing the case from entering a jury phase at trial. Some disadvantages of deposition during litigation is it can become...
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... In the case of “You the Judge” The defendant was under the assumption that he was denied a promotion due to actions of his coworker the plaintiff because of an inappropriate screen saver that was sent to his computer. In the defense of the defendant this screensaver was completely inappropriate and the behavior from his coworker was not professional by any means and due to those actions alone she should have been reprimanded or even fired if it could have been proven that she was the one that sent the screensaver. The defendant also stated in his argument that he often participated with other members in the office when they joked around about things that were not work appropriate. The judge’s decision was made very easily due to evidence and the defendant’s testimony. The evidence showed what the employee’s job description was and what is expected of them as employees along with guidelines for any sexual harassment that may been seen or expected. The defendant basically shoot himself in the foot by not reporting any of the incidents that occurred in the workplace. When the initial incident occurred he should have reported the employees and the appropriate actions would have been handled by management. The plaintiff’s testimony was truthful and she even exploited more of the truth than what the defendant initially stated in his testimony. The sexual harassment was done both ways and he made it seem like he was the only victims in this case. The judge ruled in neither of the...
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...GBS 205- Mitchell J. Pratt Example: A Judge #1 9/29/12 Elaine, who has been an employee for two months, has sued her employer, Jerry because he has fired her without any reasoning or rationalization. The job offer that Elaine received was a letter that she had been given, which mentioned that her annual salary would be $30,000 and she would receive great opportunities at the company. Although the company that hired Elaine was an at-will-employment business, Jerry decided to fire Elaine after two-months and hire a man in for her position, Kramer, who had less job experience and education then Elaine. Elaine has now sued Jerry for being terminated, she wishes to have her job back and have a steady income and an annual salary. Elaine’s lawsuit has a strong case for sexual discrimination and unlawful business ethics by her employer, ensuring that Elaine, who was given no reason for the termination and after the termination Jerry hired a man, who had less job experience and education, gets her job back. However, there are certain exceptions that favor Elaine for being mistreated and fired so abruptly. The exceptions that I believe will help Elaine in the Lawsuit against Jerry other then sexual discrimination, are as follows; Tort Exceptions, Implied-In-Fact Contracts. Statutory Exceptions, and the Public Policy Exception. Certain issues need to be considered and discussed before beginning this lawsuit to ensure that there is a legitimate case. Some things to consider are; is there...
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...Legal Issue: The Plaintiff, Daniel Boone, is suing Zoom Car Company for medical costs he claims are attributed to the fault of a malfunctioning compass that was installed by Zoom Car Company and came with the car. Mr. Boone claims that to the fault of the compass, he got lost and drove into a high crime area and was severely beaten there. Zoom Car Company does not make the compasses that are featured in their cars; Corrigan Rulers makes them. Is there a defect in the manufacture of the compass installed in the car? If so, does the doctrine of strict liability hold Zoom Car Company liable for any injuries caused by the defect? Plaintiff's Argument: The Plaintiff argues that although Zoom Car Company is not the one who makes the compass installed in their cars, they are liable to the consumer or user for any issues and defects that come with the compass according to the doctrine of strict liability in tort. The doctrine makes “...manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault” (The Legal Environment of Business and Online Commerce, 121). The compass installed in the car was defective and did not perform its intended function of providing correct directions. This means that the compass had a defect in manufacture. According to The Legal Environment of Business and Online Commerce, there are three ways that a defect in manufacture can occur:...
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...Since we were young, we were taught “not to judge a book by its cover.” Books with sensational topics and attractive graphic designs do not necessarily have valuable content. The same can be applied to how we look at others’ appearance. We all agree that it is morally superficial to judge a person by his clothes; what’s more, the way a person dresses does not really tell you their whole story. However, the clothes we choose to wear are just like the sentences we say: they all convey certain messages about ourselves. Although not conclusive and accurate, we indeed can figure out some general ideas about a person judging from his or her clothing. Take, for instance, the color and decoration of clothes. Different colors usually bring up different feelings, and these feelings somehow coincide with human characters. Bright colors, such as orange and yellow, conjure up images of positiveness. Those who like to wear bright colors are just like what the colors suggest—they are usually liberal person with optimistic and talkative personality. Introverted people, on the other hand, pick the opposite. They tend to wear dimmer colors like dark blue or grey, which convey a sense of rationality and reveal their calm and collected traits. Decorations also give a clue. If somebody prefers putting on gorgeous clothes, he is obviously a person who puts a lot of effort into how they look like; at the same time, he is likely to be vainglorious and have strong desire of showing off himself. The...
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...refused to pay Kim back and Kim sued Son to enforce the contract. The outcome of the lawsuit was that the contract was not endorsable because there had been no consideration (Beatty, Samuelson & Bredeson, 2008). To determine a presence of consideration, we need to remember that “contracts must be a two-way street” (Beatty, Samuelson & Bredeson, 2008, p. 163). Therefore, we need to review the following three rules of consideration: 1) Both parties must gain something valuable from the contract; 2) there should be a promise to give something valuable; 3) both parties must come up with arrangement of what one party is exchanging with another party (Beatty, Samuelson & Bredeson, 2008). Taking above rules into consideration, I concur with the judge that the contract lacks consideration in this case and therefore it is not enforceable. My reasoning behind it is: 1) since Son was not responsible for the companies’ debts in the first place, Kim’s promise not...
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...BECOMING A JUSTICE JUDGE BY ROB BRIGHTON CRIMINAL JUSTICE 1010 DECEMBER 2, 2011 ! I have been working in the Criminal Justice field for over four years as a Police Officer. I have experienced many things and am always looking to better myself in education and training. I hope to build on the background that I have now and pursue a Bachelors degree and eventually a Law degree so that I can become a Justice of the Peace or Judge. This paper is about an interview with a local magistrate, Judge Keith L. Stoney of Utahʼs 3rd District for Salt Lake County Judicial, West Valley City and Saratoga Springs Justice Courts. The time, the education, the benefits and the sometimes lengthy process of what it takes to sit on the “Bench” are all covered in the following paragraphs. JOB TITLE ! The official title of the position that Judge Stoney holds is as follows: Honorable Judge Keith L. Stoney Utahʼs 3rd District for Salt Lake County Judicial, West Valley City Justice Judge. Judge Stoney also works as Saratoga Springs Justice Judge. To break this down let me try to explain in brief how Utahʼs court system is organized. At the top you have Utahʼs two appellate courts, the Supreme Court and the Court of Appeals. Next are the trial courts which include District, Justice and Juvenile Courts. There are also two administrative bodies, the Judicial of Council and the Administrative Office of the Court. Basically the policy making body of the courts. The state of Utah is divided into 8 judicial...
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...2 The State Judicial Process The State Judicial Selection Process Have you ever wondered how the judges within your state are chosen? The way a judge is chosen for the state varies from state to state, and there are a few ways they are put on the bench. One way for a judge to be put on the bench is to be appointed by the Governor or state legislature (FindLaw, 2012). A second way to choose a judge is through a merit selection. A merit selection is where a judge is chosen by a legislative committee based on each of the potential judge's performance in the past (FindLaw, 2012). A third way to get a judge on the bench is by a partisan election; in which a judge is selected through partisan elections that are voted in by the electorate, or voters registered to parties, because judges often run as part of a political party affiliate (FindLaw, 2012). A Non-Partisan Election is the final way to get on the bench. This is when the potential judges running for a judicial position in the states can put their names on the ballot, but they do not list their political party affiliates (National League of Cities, 2014). In the state of Florida, judges being elected for a term in the state trial courts of general jurisdiction are elected by way of a nonpartisan election (Carp, Stidham, & Manning, 2014). When judges are being selected for a term in the state courts of last resort, the state of Florida utilizes a merit selection (Carp, Stidham, & Manning, 2014). The length of...
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...Courtroom Observation Report Judges can alleviate much of the public dissatisfaction with the judicial branch by paying critical attention to the key elements of procedural fairness: voice, neutrality, respectful treatment, and engendering trust in authorities. Judges must be aware of the dissonance that exists between how they view the legal process and how the public before them view it. While judges should definitely continue to pay attention to 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...
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...Abstract In this research paper I will be speaking on the role that a judge plays in the criminal justice system. I will speak on how the judge interprets the laws, asses the evidence presented in the courtroom, and they have the control on how hearings and trials unfold in their courtrooms. But the most important thing judges do is that they make sure there is no bias decision in the pursuit to justice. I used different articles to go into more depth about some of the things I described a judge does in the criminal justice system. In order to become a judge you have to be a lawyer first or as said in an article I read, “judges are born.” In America we have 2.3 Americans who have been incarcerated and are sitting in a prison cell...
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