Examples Of Westlaw Research Authority
1.
i. Relevant Secondary Authority: 31 Causes of Action 2d 121 (Originally published in 2006) (Westlaw). ii. Violates right of publicity (Westlaw Research Skills Three). iii. Legal issue: Is a movie studio allowed to use and replicate a well-known person in a film without asking that person? (Westlaw Research Skills Three). iv. On point case: Brill v. Walt Disney Co., 2010 OK CIV APP 132, 246 P.3d 1099 (Westlaw).
v. The Brill v. Walt Disney Co. case appears to work for or against my client. It will work against my client, if Mr. McSteamy does not have a “common law ownership of a valid trademark” as stated in Brill v. Walt Disney Co., 2010 OK CIV APP 132, 246 P.3d 1099 (Westlaw).
2.
i. Relevant Secondary Authority: § 135:3.Effect of prejudicial incident—Prosecutorial misconduct, 27 Standard Pennsylvania Practice 2d § 135:3 (Westlaw).
ii.
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Prosecutorial misconduct (Westlaw Research Skills Three). iii. Legal issue: Is the prosecutor able to use improper comments that can sway the court against the person on trial? (Westlaw Research Skills Three). iv. On point case: Reid v. Beard, 420 F. App'x 156 (3d Cir. 2011) (Westlaw).
v. The Reid v. Beard case appears to work for our client. The Reid v. Beard case is about prosecutorial misconduct and how the prosecutor made improper statements about the defendant (Reid v. Beard, 420 F. App'x 156 (3d Cir. 2011) (Westlaw).
3.
i. Relevant Secondary Authority: § 11:2.Theft by taking, 4 Ia. Prac., Criminal Law § 11:2 (2017-2018 ed.)
Case Peterson V. Therma Builders
409 Words | 2 PagesA case that has both civil and criminal ramifications is Peterson v. Therma Builders, INC in which Roxann Peterson was the office manager and bookkeeper for Therma Builders, INC. She stole company funds and was faced with both criminal charges and a civil lawsuit by Therma Builders. The defendant, Peterson, moved for a stay of the civil case until resolution of the criminal case. The civil court judge decided to stay the civil case until the employee was either convicted or acquitted. During March 2002, Peterson faced a criminal charge with one count of scheming to defraud and obtaining property in an amount of $50,000 or more.
Summary Of Santobello V. New York, 404 US
431 Words | 2 PagesCase Brief Case title: Santobello V. New York, 404 U.S 257 (1971) Facts: Santobello was indicted with two felonies and plead guilty to a lesser offense after negotiating with the prosecutor. The offense that he did plead guilty had a maximum sentence to only a year in jail, which was less than the original two felonies, and the prosecutor at the time said he wouldn’t recommend anything to the judge. However, a different prosecutor took over the case and did end up recommending the maximum sentence. The defendant’s, Santobello’s, attorney objected and told the judge of the deal that the former prosecutor made a deal to not recommend sentencing, but the judge said that no one influenced him and that the he believed the maximum one year sentence was appropriate based on Santobello’s criminal record.
Disclosing Company's Secret Process Of Ever-Gold
1183 Words | 5 PagesMary Jane and Allen Green the owners of Greene’s Jewelry are suing Jennifer Lawson for disclosing company’s secret process of Ever- Gold. Jennifer Lawson was a former Junior executive secretary at Greene’s Jewelry violated a confidentiality agreement of Greene’s Jewelry. Even though she signed a confidentiality agreement at Greene’s and agreed not to disclose any information regarding Greene’s process to create Ever-Gold. She disclosed the process of Ever- Gold to the Howell Jewelry the competitor of Greene’s Jewelry to gain employment. The Greene’s has maintained the process by Ever- Gold as a trade secret.
Case Brief State Of Oregon Vs Harris
569 Words | 3 PagesIssue Case name: State of Oregon vs Kenneth James Harris, October 19th, 2017 Facts of the case: In the case there were two parties, one party including the defendant, Kenneth James Harris, and the State of Oregon. The dispute is based on the state of Oregon issuing a subpoena for the witness to come to trial for the case of the defendant, however, the witness failed to do so and was unavailable. The defendant argued that the only way the witness is unavailable is if the state did everything in their power to try to get the witness to court. The only thing the state did was provide the victims recording of the 9-1-1 call from the incident. Issue: Could the State of Oregon done more to produce the witness at trial?
Sample Legal Case Paper
1110 Words | 5 PagesQUESTION PRESENTED 1. Under Alabama’s burglary statute, does a former occupant of an apartment who partially moved out four to five days before committing a felony in the apartment and who has a estranged relationship with the occupant have an absolute right to enter? BRIEF ANSWER 1. Probably not. A person has an absolute right to enter as long as he remains an occupant of the apartment, ownership is irrelevant, and an estranged marital relationship is not sufficient.
Summary Of The Supreme Court Case Of Brady V. Bobti
596 Words | 3 PagesIntroduction: The United States Supreme Court cases of Brady v. Maryland, Giglio v. United States, and United States v. Agurs all deal with the prosecution's obligation to disclose exculpatory evidence to the defense. These cases establish that prosecutors have a constitutional duty to disclose all evidence favorable to the accused. Failure to disclose this information violates due process and can result in a new trial or acquittal.
Evidence For The Murder Of Eugene H. Krabs
1048 Words | 5 PagesIt is the prosecutor who has all the resources to investigate the case. It is not the job of the defendant to go out and investigate the matter. We would ask you to render the only verdict that is fair, not
Biases In The Cosby Case Steven T. O Neil
1737 Words | 7 PagesSarah Hitchcock After 52 hours of deliberation, The Cosby case was declared a mistrial by judge Steven T. O’Neil (Puente, M. 2017). The case took course over 6 days at Montgomery Country Courthouse in Norristown, Pa. The jury consisted of 7 men and 5 women; 4 white women, 6 white men, 1 black man, and 1 black woman. Bill Cosby was on trial for aggravated and indecent assault, with accusations coming from Andrea Constand. Constand originally told the police in 2005, a year after the incident, but she declined to press charges due to insufficient evidence and accepted an undisclosed amount of money in a civil suit (Schallhorn, 2017).
Brady V. Maryland Argumentative Essay
390 Words | 2 PagesThe duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.
Finders Law Essay
1438 Words | 6 PagesFor: The main objective of finders’ law is to reunite the true owner with their lost property. As Cheapa and the Queensland Police proved unsuccessful at doing this, the general rule of ‘finders keepers’ may apply. Rules and obligations of the finder can be extracted from Parker v British Airways Board. Lord Justice Donaldson states that: 1. “The finder of a chattel acquires no rights over it unless (a) it has been abandoned or lost…” 2.
The Mcmartin Trial
1122 Words | 5 PagesApril Villegas 2/28/2015 Viewing Guide: CJL 3510 - Indictment - The McMartin Trial Prosecutors. 1. The text discusses the prosecutor’s office at work. From the tape, cite some examples of work issues related in the text. In the courtroom is the trial of the infamous McMartin case of child abuse is the District Attorney’s (DA) office.
Big Bill Haywood Case
377 Words | 2 PagesTierney (1979) makes the point in describing Darrow’s handling of the Haywood case (Clarence Darrow was lead co-counsel, but there were 14 other attorneys for the defense) that: “It remains a matter of dispute in many of his cases whether his handling helped
Examples Of Exceptions To The Rule Of Hearsay
1471 Words | 6 PagesHearsay, Hearsay Exceptions, and Hearsay Difficulties Jacob Karko Arizona State University CRJ 321 Professor Andrew Clemency January 28th, 2023 Hearsay, Hearsay Exceptions, and Hearsay Difficulties The purpose of this paper is to explore four topics revolving around hearsay in the court room. The first topic is defining hearsay, what can be considered hearsay and its differences with the standard definition. The second topic will cover what is not hearsay despite being close in relation to hearsay. The third topic is the exceptions to hearsay under rules 8/01 through 807.
Cleopatra's Reputation Analysis
1316 Words | 6 PagesThere are some cases in the entertainment industry where the producer of a movie may intentionally change the character of a person to gain publicity and for the movie to be more entertaining. This is seen in the various versions that are portrayed of Cleopatra. Her actual reputation has been copied by the media to
Examples Of Guilty Pleas
1116 Words | 5 PagesMost criminal cases end when the defendant (the person accused of a crime) pleads guilty. Guilty pleas are usually favored by everyone involved – each side gets some benefit: A trial isn’t added to the judge’s already-busy court schedule; the prosecution gets a conviction, and the defendant gets some favored treatment, like a sentence that’s less than the one he’d probably get if he went to trial and lost. Pleading guilty comes at a cost, though. A defendant gives up a lot of important rights, like a jury trial and confronting witnesses.
More about Examples Of Westlaw Research Authority
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