Category: Law

  • Application of the Sixth Amendment and COVID-19: United States v. Olsen Case Analysis “Citation Analysis: Byrd v. United States”

    Introduction
    The Law
    The Sixth Amendment to the U.S. Constitution reads, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” (1).
    The Speedy Trial Act of 1974 and state laws provide guidance as to the number of days to bring a defendant to trial before this right is violated. A prosecutor may work around the “speedy trial clock” if they can show good cause for a delay, or if a defendant agrees to waive the right. One reason for the right to a speedy trial is to prevent a defendant from being held in custody only to find out that the defendant was innocent. An innocent citizen who is incarcerated in violation of the Sixth Amendment right to a speedy trial is a violation of due process rights (2).
    The Facts
    Ben was indicted on 24 state counts of possession of fentanyl, with intent to distribute near an elementary school, and federal racketeering charges in September 2019. While Ben sat in jail, his attorney was able to delay his jury trial a few times so he could gather witnesses for Ben’s defense. In March 2020, Ben’s attorney submitted a motion to dismiss the charges for a violation of Ben’s Sixth Amendment right to a speedy trial. The hearing was set for March 28. On March 15, the Governor of the state ordered all courts to close and suspended jury trials due to public safety concerns over COVID-19. Ben did not get his hearing and remained in jail.
    Research the Federal Speedy Trial Act and its requirements.
    Research the law in your home state pertaining to the number of days a defendant may be held in jail, consistent with the requirements of the Sixth Amendment, for a felony and misdemeanor charge.
    Read United States v. Olsen [PDF] Download United States v. Olsen [PDF].
    Instructions
    Write a one-page explanation of whether Ben’s Sixth Amendment right to a speedy trial was violated, based on your understanding of the law and the 9th Circuit Appellate Court case, United States v. Olsen.
    References
    U.S. Const. amend. 6.
    Speedy Trial Act of 1974, 18 U.S.C. § 3161 et seq (1974).
    View Rubric
    Week 5 Activity – Application of the Sixth Amendment and COVID-19CriteriaRatingsPts
    Explain whether the defendant’s Sixth Amendment right to a speedy trial was violated, based on an understanding of the law and the 9th Circuit Appellate Court case, United States v. Olsen.
    75 to >67.49 pts
    Exemplary
    Explained whether the defendant’s Sixth Amendment right to a speedy trial was violated, based on an understanding of the law and the 9th Circuit Appellate Court case, United States v. Olsen.
    67.49 to >59.99 pts
    Competent
    Explained whether the defendant’s Sixth Amendment right to a speedy trial was violated, based on an understanding of the law and the 9th Circuit Appellate Court case, United States v. Olsen but overlooked key points of the case pertaining to the application of rights and the court’s decision.
    59.99 to >52.49 pts
    Satisfactory
    Explained whether the defendant’s Sixth Amendment right to a speedy trial was violated, based on an understanding of the law and the 9th Circuit Appellate Court case, United States v. Olsen but with omissions and errors pertaining to the application of rights and decision of the court
    52.49 to >44.99 pts
    Needs Improvement
    Stated whether the defendant’s Sixth Amendment right to a speedy trial was violated, without explanation.
    44.99 to >0 pts
    Unacceptable
    Did not state whether the defendant’s Sixth Amendment right to a speedy trial was violated.
    https://canvas.strayer.edu/courses/10879/files/4301248/download?wrap=1
    please let me know if the link does not work properly I will try to screenshot it the citation is    in strayer writing standards i will place an example below 
    Kenneth
    Jost, Byrd v. United
    States, CQ Supreme Court
    Collection (2018), http://library.cqpress.com.libdatab.strayer.edu/scc/scyb17-1944-106901-2892274.

  • “Exploring Effective Discussion Techniques: Tips and Strategies for Engaging Online Communication”

    All instructions are in the document “Discussion Assignment Instructions”. The instructions also include a video that may be helpful. I have also attached the rubric for making sure the discussion meets the requirements as well as a powerpoint that may be useful.

  • “The Power of Leadership Theory: How Understanding the Academic Can Transform Organizations and Solve Problems” The Power of Leadership Theory: How Understanding the Academic Can Transform Organizations and Solve Problems In today’s fast-paced and ever-changing world, the study of leadership has

    Write a 1,200-word (+/- 10%) popular press article which informs the reader of, at least, one of the three reason why we, as students of leadership, study theory: 1) to make the academic practical; 2) to transform people, organizations, or industries; and/or, 3) to solve problems. You should integrate at least one leadership theory in your discussion. The purpose for the article is to educate the reader (being defined as a student of leadership) on the power and value associated with the knowledge of your selected purpose(s) while engaging followers. NOTE: the purpose of this assignment is to determine if you are able to understand exactly what is being asked of you. The parameters for this assignment will be discussed during the first live-meeting presentation.
    THESE LINKS MAY HELP
    (LEADERSHIP THEORY)
    https://youtu.be/Z0AUjpyFlO
    (Doctoral Writing)

    iew Rubric
    Minor Project Rubric (not QEP) (4)
    Minor Project Rubric (not QEP) (4)
    CriteriaRatingsPts
    Content Knowledge25 to >23 pts
    Proficient
    Demonstrates proficiency in content knowledge of the subject matter. Shows mastery of the literature on topic.23 to >20 pts
    Sufficient
    Demonstrates sufficiency in content knowledge of the subject matter. Shows understanding of the key literature elements.20 to >0 pts
    Insufficient
    Demonstrates insufficiency in content knowledge of the topic. Shows week understanding of the literature./ 25 pts
    Critical Thinking
    25 to >23 pts
    Proficient
    Demonstrates a high level of insight into the application of content knowledge to the topic of the project. Goes beyond the existing body of literature to show added insights.23 to >20 pts
    Sufficient
    Demonstrates sufficient application of the content to the topic of the project. Shows some insights but does not add to the body of knowledge.20 to >0 pts
    Insufficient
    Demonstrates insufficiency in applying content knowledge to the topic of the project. Shows little to no insight into the application of the literature./ 25 pts
    Writing/Flow/Grammar/Style
    25 to >23 pts
    Proficient
    Writing is flawless with excellent ‘flow’, no grammar/spelling/punctuation errors and no style guide errors.23 to >20 pts
    Sufficient
    Sufficient in writing with less than five total writing errors. Flow is sufficient, but not demonstrating mastery. Five or fewer total grammar/spelling errors. Five or fewer total style guide errors.20 to >0 pts
    Insufficient
    Writing skill is insufficient with more than five errors in flow, five or more in grammar/spelling, and five or more style errors./ 25 pts
    Research Design/Method Knowledge
    25 to >23 pts
    Proficient
    Demonstrates proficiency in selecting the appropriate research design/method, sample plan, data collection, analysis, and draws appropriate conclusions from the analysis.23 to >20 pts
    Sufficient
    Demonstrates sufficiency in selection of method/design but with some support flaws. Some flaws in sampling, as well as some flaws in analysis and conclusions.20 to >0 pts
    Insufficient
    Insufficient selection of method/design or support for the selection. Sampling errors, analysis errors, and lack of logic in conclusions drawn/ 25 pts
    Total Points: 0

  • “Uncovering the Complexities of Racism and Colorism in Latin America: Examining Current Realities and Seeking Solutions”

    A paper on racism and colorism in Latin American countries, exploring its current expressions and possible remedies

  • Title: Legal Position of Susana and Paul in a Joint Tenancy Property Case Study

    AGLC4 Referencing. 
    Please do not use the following case laws: (provide other case laws to support arguments)
    Frazer v Walker (1967) 123 CLR 528
    Bahr v Nicolay (No 2) (1988) 164 CLR 604
    Case study will present you with a case study where you are required to establish a legal position for your client.
    In this assignment, you are expected to analyse a case study and provide advice to your client regarding their legal position in a particular situation. You should aim to provide answers that show your understanding of relevant legal principles supported by the appropriate legal authority (legislation and case law). 
    This assignment supports unit learning outcomes 1, 2, 3 and 4. 
    Case study
    The following is an outline of the case study you are to analyse for this assignment:
    Annie operates a farmland property in Bon Beach, Victoria. In 2020, she and her partner Susana purchased farmland in Laverton as joint tenants. It was mortgaged with ANS Bank and both interests in the estate are registered. Recently, Annie developed a gambling habit and is often absent from operating the farmland. She is running out of money and is concerned that Susana may learn about her situation. They have had arguments about Annie’s absence and Susana has moved off of the farmland. To pay some of the debt, Annie decided to lease the farmland to Paul for three years. A rental agreement was signed but the lease agreement was not registered. 
    Annie then went to ANS Bank to borrow another $100,000. She met the manager, Tom, at ANS who happens to be a long-time friend of the couple. Annie mentioned that Susana was sick and as Susana is ‘financially illiterate’ and had rarely accompanied Annie in the past to bank, Tom trusted Annie and gave Annie a variation of mortgage form telling her to ‘get Susana to sign it’.  Annie returned to the bank the next day to submit the documents with the forged signature of Susana, and Tom witnessed the document. When the loan document was about to be processed, a junior clerk raised doubts over the authenticity of Susana’s signature to Tom but he dismissed the concern as he had acted as a witness to the document.
    Five months later, Annie defaulted on some payments. Susana had returned and only then discovered what had been happening. Now, Annie wants to evict Paul. ANS Bank wants to exercise its power of sale over the mortgaged property and also evict Paul.
    Advise Susana of her legal position (16 marks).
    Advise Paul of his legal position (4 marks).
    For this assignment, you will write an essay of 1500 words, including footnotes but excluding the reference list.
    Structure and format
    The assignment must be typewritten and comply with the following:
    Double-spaced in Times New Roman, font size 12.
    You may use default left and right margins on Microsoft Word.
    To avoid plagiarism, you are required to provide a reference in accordance with AGLC4 guidelines whenever you include information from other sources in your work.
    Total word count is 1500 words.
    The cost disclosure statement and agreement and s 32 of the contact of sale is not counted in the word limit.
    No bibliography is required.
    Assignment 1- Criteria
    1.Legal accuracy and the identification of substantive law
    relevant to the identified issues (30%).
    2.Depth of legal analysis, application and conclusion (60%).
    3.Presentation and organisation of work in a logical manner and referencing (10%).

  • Title: The U.S. Constitution and the Rights of Illegal Aliens: Examining the Debate on Equal Benefits and Protections

    Please see attached instructions.  
    I prefer to go with the second topic.
    . Does the U.S. Constitution provide the same benefits and protections to illegal aliens that it provides to U.S. citizens and legal aliens? Identify and summarize sources that address this issue, including the pros and cons associated therewith.

  • Title: The Use of AI Technology in Legal Research and Writing: A Comparative Analysis of Memorandums Analyzing Cases: A Method for Effective Legal Memo Writing

    Drafting Assignment – Research Memorandum
    Drafting Assignment – Research Memorandum
    PLA 1103 Legal Research & Writing I
    Drafting Assignment (AI Integrated Assignment)
    Assignment purpose: To give students an opportunity to research and draft a Research Memorandum and to also create an AI generated Memorandum based on the same set of facts. You would then be required to compare and contrast both Memorandums and answer questions concerning the use of AI technology for this type of assignment. The goal is for students to understand the advantages and disadvantages of using AI technology in the legal field and to be able to explain any ethical issues involved with using this kind of technology.
    _________________________________________________________________________________________________________________
    Instructions: Please read the instructions carefully as this is a multipart assignment which consists of the following parts:
    Part I (50%): Research and draft a Memorandum based on the given fact pattern.
    Part II (10%): Create an AI generated Memorandum based on the same fact pattern.
    Part III (20%): Compare and contrast your Memorandum to the AI generated Memorandum.
    Part IV (20%): Answer follow-up questions.
    __________________________________________________________________________
    Part I: You will conduct legal research and draft a Research Memorandum as though you were presenting information to an attorney for whom you work.
    You are to research the law(s) that applies to the issue(s) in this case.
    Make sure you analyze this issue(s) from both perspectives (plaintiff and defendant), including any possible defenses available for each side.
    The Research Memorandum must be at least 3-4 pages (no title or cover page should be included).
    You must use at least 5 relevant sources of law (at least 3 must be cases). Select any state of your choice and use that state’s law only. Remember to follow appropriate Bluebook citation rules for all authority you use. You must cite all law properly. 
    Facts:
    Our client, John Doe, was shopping in the local Budget Foods store on March 15th of last year. As he was pushing a shopping cart down one of the aisles, he slipped on a small area of previously spilled soda on the floor. Doe was taken to the emergency room at the local hospital and treated for a fractured wrist and a broken arm. It was determined that Doe was texting on his cell phone when he encountered the spilled soda.
    NOTE: Your research and the drafting of your Memorandum must be done prior to moving on to Part II.
    ______________
    Part II: This part involves the use of AI tools to research and generate a Memorandum based on the same Fact pattern from Part I. You will need to input the information from the Fact pattern from Part I into the AI tool to create the AI generated memorandum.
    _______________
    Part III: You will need to compare and contrast your research and writing (Memorandum) with the AI generated Memorandum. Answer the following:
    Compare the sources cited in your Memorandum to the AI generated Memorandum and discuss any similarities or differences.
    Identify any differences in the discussion and analysis between the Memorandums.
    Explain any variations in the application of the law in each Memorandum.
    _______________
    Part IV:
    After you have completed Parts I, II, and III, answer the following questions in detail:
    What did you find most useful or helpful about using AI for this assignment?
    What are the advantages and disadvantages of using AI for this type of assignment?
    Do you believe that AI should be used in the legal field? Explain why or why not.
    How can we ensure that AI is used in an ethical manner?
    AI Websites:
    The following links are ChatGPT / AI websites specifically designed for law-related queries.
    Suggested AI Law Websites
    Ask Legal Bot
    Ask Legal
    My Pocket Lawyer
    Ask AI Lawyer
    Use the Memorandum of Law Formatting Guide uploaded under Getting Started/Course Resources to format your Research Memorandum. Use the FIRAC method to analyze the cases you discuss in the memo.
    Part I Grading Rubric
    Issue Section = 5 points
    Brief Answer =  5 points
    Facts = 5 points
    Discussion (Analysis) = 40 points
    Conclusion = 5 points
    Use 5 Original Sources = 25 points (5 points each)
    Proper Citation = 10 points
    Grammar/Punctuation/Layout, etc. = 5 points 
    **This rubric is a maximum number of points available per component. You will earn the maximum points per component if the component is presented thoroughly and professionally. Mere inclusion of a component in your memo does not mean you are automatically entitled to all the component points.
    YOUR ASSIGNMENT SHOULD BE AS FOLLOWS:
    Double-spaced
    Times New Roman (12) font
    One-inch margins all around
    Please include a citation page of your sources (this is not included in the 3-4 page requirement).
    You must include citations to legal authority in your paper. All cites should be in Blue Book form (Please see the Legal Help Center tab on the left of the screen of the homepage for the course. The site provides links to information on how to cite various court opinions, primary sources and secondary courses).
    NOTE: Wikipedia is NOT an acceptable source due to the fact that it can be changed by almost anyone with a computer. You must use Westlaw, as well as any other source provided on the Online Law Library. If after using both, you still have trouble locating authority, please let me know well before the due date of the project.
    Your paper must be submitted by 11:59 PM (EST) on Sunday of Week 3.  Late work may not be accepted or may be subject to a late penalty.

  • Title: “The Impact of Social Media on Political Campaigns: A Jurisprudential Analysis” 1. The current event involves the use of social media in political campaigns and its potential impact on the democratic process. With the increasing influence of

    1. A short paragraph summarizing the issue in the current event. Here, you should focus on giving the reader information about your event. 2. A link to the credible news source that you used to get your information; include a sentence or two about WHY this is a credible source. It is not enough to state that ‘this news source is credible because it’s popular’ – instead, give a sentence or two about why this is a credible source to use to get news. 3. A summary of the class material you are using in the assignment – as if you were teaching it to someone new. Here, your goal is to teach the material to the reader. So, for example, if you’re trying your example to a jurisprudential approach to the law, you might give the definition of a jurisprudential approach and then talk a bit about what it means to define something this way. 4. A summary of the analysis/evaluation of the issue as it relates to the class material – again, as if you were teaching it to someone new. Here, your goal is to explicitly tie the event to the course material – show the reader how your event is an example of the course material.

  • Title: “Breaking the Dichotomy: Exploring the Impact of the Public/Private Division on Gender Pay Inequality”

    1.    “Women continue to be impaled on the age-old dichotomies [such as] public 
    and private.” Sandra Fredman, Women and the Law (OUP 1997) 413. 
    Critically discuss the continuing pay inequality between men and women – despite equal pay legislation – in light of this statement on the public/private division. 

  • “Exploring Diverse Perspectives: A Critical Analysis of Peer Discussion Posts”

    This is a discussion post. Critically examine the postings of your peers and provide at least two (2) substantive replies. Compare and contrast your position to those of your peers and provide additional insights and feedback.