Premium Essay

Assessment on Laws - 3 Case Focus

In: Other Topics

Submitted By lloydishot
Words 3450
Pages 14
Authentic Case Assessment on Laws

Authentic Case Assessment on Laws
The Fourth Amendment The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The law that governs arrests, searches and seizures, and issuance of warrants (arrest warrants and search warrants) is the Fourth Amendment to the Constitution, above cited in toto. The Fourth Amendment is applicable only to government arrests as opposed to privately conducted ones, and in cases when the privacy of a person is intruded upon as when a search or arrest is conducted. The provision implicitly advances the exclusionary rule in criminal procedure which states to the effect that no evidence is admissible in court that was obtained in violation of the Fourth Amendment (Bacigal 2008 p.147). This rule was asserted in the landmark case of Mapp v Ohio, 367 US 643 (1961) where a woman’s house was searched by police authorities, who has acted on a tip that she was hiding certain bomb suspects, without a search warrant. Finding no bomb suspect, the police instead arrested her for the lewd pictures and books found in her basement on the strength of an Ohio law which prohibited their possession. After convicted in the lower court, a conviction that was affirmed by the Court of Appeals and the Supreme Court of Ohio, Mapp went to the US Supreme Court. The Court reversed the decision and held that the exclusionary rule was applicable not

Page 1 of

12

Authentic Case Assessment on Laws

only in federal courts but state courts as well, which means that the evidence gathered against Mapp cannot be used to convict her in the state court because…...

Similar Documents

Premium Essay

Assessment Focus for Elementary Schools

...Assessment Focus in Elementary Schools: Instructional Process for Assessment Mercedes Alvarez Keiser University EDU514G3 Dr. Brian Keintz Professor Date: July 1, 2010 Planning of Instruction Our textbook ‘Assessment of Student Learning’ states that before a teacher can construct an appropriate lesson a “blue print” needs to be created. This ‘blue print’ is meant to be a design to show what a student should have learned once they have finished the lesson. When constructing a lesson plan many things must be taken into account, mainly the grade level and subject this lesson is directed to. Florida has The Sunshine State Standards, also referred to as “content standards”, they are used to describe what a student should be able to achieve, in regards to that subject by the time the teacher has finished the lesson. The Sunshine State Standards are broad statements that describe what a child should know and be able to do at every grade level. These standards cover seven content areas: social studies, science, language arts, health/physical education, the arts, foreign language, and mathematics. The lesson might be two days or two weeks long, the time frame is indicated by the curriculum, which is followed by all the teachers in that same grade level. Careful planning is used when preparing these lesson plans. All the lessons must help the students achieve the goals set forth in the lesson to insure that the student is successful. The standards used in lesson plans can be...

Words: 1317 - Pages: 6

Premium Essay

Case Law

...appeal is restricted to questions of law. 2 2. This appeal is concerned with the Tax Appeal Tribunal established by the Tax Tribunal Act 1984 (since repealed, but in force during the relevant period). By section 3 of that Act the tribunal was to comprise (as Chairman and Vice-Chairman) two barristers of at least ten years’ standing appointed by the Public Service Commission and (subsection (1)(c)) ‘such other members as may be appointed by the Minister’. Section 6(3) provided that, subject to section 8, a determination of the tribunal should be final and binding on the parties. Section 8 provided as follows: “(1) Any party who is dissatisfied with the determination of the tribunal as being erroneous in point of law may, within 28 days of the date of determination, appeal to the Supreme Court. (2) An appeal under this section shall be prosecuted in the manner provided by rules made by the Supreme Court.” Rule 3 of the Tax Appeal Rules 1984 provided for an appeal under section 8(1) to be by way of case stated. By section 10 of the Act the burden of proof that any assessment is incorrect falls on the taxpayer. 3. In a country (such as the United Kingdom) which is a party to the European Convention on Human Rights, or in a country (such as Mauritius) which has a written constitution with human rights guarantees based on the European Convention, the existence of specialised tribunals which are not courts, with appeal to courts on questions of law only, can raise questions......

Words: 1626 - Pages: 7

Premium Essay

International Business in Focus Assessment

...1. International business in focus Assessment Assessment will be by an assignment of no more than 3000 words. Any ONE of the following questions can be selected. 1. Examine and analyse the role and impact of strategic thinking for the competitive options of a business of your choice. Please make sure that the business chosen operates in more than one country. 2. In the Summer of 2011, the Nobel Prize winner Paul Krugman criticized the credibility of the main credit rating agencies. In view of this: a. First, discuss the macroeconomic relevance for a country of its sovereign debt rating, and b. Secondly, describe the main variables affecting it. 3. Critically discuss the role that Competition authorities may play in correcting market failures and facilitate competition for a country of your choice. Provide an example of their intervention and write your own critical assessment for the case. Written assignments must not exceed the specified maximum number of words. All assignments which do so will be penalised. The penalty will be the deduction of 10% of the maximum marks available (i.e. 10%). Assignments without a word count on the cover sheet will also be penalized by a reduction of 10%. Submission Date: This assignment must be submitted by 5 pm of the 8th May 2012 to the iCenter. Work submitted after the published deadline will be given a mark of 0% unless an extension has been agreed by the Student Advisor. Further details: This assignment......

Words: 1088 - Pages: 5

Premium Essay

Case Law

...Article or Case Law Search Sarah Falsey HCS/430 October 14, 2013 Lena Walker Article or Case Law Search Facilitating patient choice has always been elementary to palliative care. However, the choice agenda challenges us to inquiry what this truly means for sedative care now and in the future (Kite and Tate, 2005). With this in mind, the writer has chosen an article found in the Atlanta Journal-Constitution, June 28, 2009, entitled, System was deaf to pleas; Mother died. For the purpose of this paper, the writer will provide sufficient background on the article and discuss the major points. Next, the writer will discuss the legal issues involved in the article. In conclusion, the writer will identify and discuss any recommendations that could be made. The article was about a case involving the Georgia Regional Hospital/Atlanta. In January of this year; a patient, Na Young, with a history of psychotic behavior was released. The patient requested not to be released and refused to sign the release forms. The patients brother also pleaded with the hospital to reconsider releasing her and even delayed picking her up for almost a week. Prior to Na Young being admitted to the facility, she had physically abused her mother several times. She had even told physicians and nurses, if released she would kill her mother. With this in the mind the doctor still released the patient. 12 days later, on February 10. 2009, the patient doused her mother with......

Words: 725 - Pages: 3

Premium Essay

Law Assessment 1

...are the requisites for a valid object of a contract? 2 IV. The Student should be able to (i) describe (ii) give at least one example each and (iii) discuss the impact of the following contract: 3 V. In the problem given above, was there already perfected service contract between ELCO and Mr. Rupertini Salvastre? Determine if all the requisites of a valid contract are present or absent. 5 LO2: Be able to apply the elements of a contract in a business situation 5 VI. In the scenario between Mr. Salvastre and ELCO, if Mr. Salvastre failed to make his design, is there a breach of contract? If there is none, explain why. If there is a breach, explain why? 5 VII. In the scenario between Mr. Shane Macky and ELCO, in case Mr. Macky made an express warranty that his architectural design is compliant with the Philippine standards, and that the building will not collapse due to poor architectural design within two (2) years from the date of completion, but after one (1) year from its complete construction the building collapsed: What is the remedy of ELCO, if any, and what is the effect of Mr. Macky’s Warranty. 6 VIII. Analyse three (3) terms proposed by Mr. Rossini to be included in the Contract of Lease, and determine their impact on validity of the lease contract. 7 IX. In case Mr. Rossini and ELCO decided to have a verbal lease agreement with a term of more than one (1) year, explain and answer the following: 9 X. Formalize and make a lease agreement between ELCO and...

Words: 4829 - Pages: 20

Free Essay

Focus Assessment

...Focus Assessment Date: 11/14/2013 Client Initials: B.M Age:93 Sex: F Code Status: DNRCC-A Primary Medical Diagnosis: CVA Allergies: Sulfonamides, iodine, iodine contrast dye. Significant Medical History and/or Other Medical Diagnoses Hypertension, Hyperlipidemia, Colon cancer, Uterine cancer, CVA, legally blind, macular degeneration, Ileostomy, renal insufficiency. Current Treatments & Interventions for the Client Anticoagulation therapy, Transfer with 1 person assist, physical therapy consult, occupational therapy consult. Recent Tests & Procedures and the Results CBC: High hematocrit, low platelets, normal WBCs CT Scan of Head: 2 areas of ischemic attacks. EEG: Signs cerebral ischemic attacks parietal and occipital lobes. Assessment Focus Assessment (specify): | Data: Pt. stated she woke up during the night and noticed the right side of her body was weak and she found it difficult to move her right arm and right leg. Pt. brought to the ED where a CT scan was performed. This showed areas of ischemic attacks. Pt. is alert and oriented to place and situation. The patient is aware of time but is unable to give the exact time. May or may not be attributed to her being legally blind. Pupils round equal and reactive bilaterally. Right hand grasp slightly weaker then left. Lungs bilaterally clear and diminished in bases. Bowel sounds active times 4 quadrants. Pt. has ileostomy which is pink, draining......

Words: 282 - Pages: 2

Premium Essay

Case Assessment

...In this case assessment I have an client named Suzanne an 22 year old single woman who has been living with her boyfriend Jack in Manhattan. Suzanne is a drug addict and her most addictive drug she is using is heroin. Heroin is an highly addictive drug,specifically, heroin is produced from morphine.However, Suzanne drinks alcohol with the heroin and she uses other types of drugs such as, Valium or Klonopin to cope through life.The drug that has the greatest danger in the withdrawal stage would be the heroin. In Suzanne case it tells that she can not function throughout life without the herion.Suzanne does work but the work she does is prostitution. She works the streets at night so she can purchase more heroin and pay her apartment rent. Suzanne situation can put her in a lot of danger with her life and herself.You have to think of it this way what if she get into something with one of her clients they can end up doing anything to her.Now that Suzanne is pregnant she can cause danger to her baby if she continue to do the drugs.Even if she wants to keep the baby she needs to know the harm she would be doing the baby and thats when social services really get involved.If Suzanne continued this act while pregnant her and Jack will definably be considered unfitted parents. There are treatment options that are available for Suzanne because there are other people that may be suffering the same way she is not the only one. Suzanne should want to considered getting some type......

Words: 400 - Pages: 2

Premium Essay

Law Case

...Name: Neyamul Hoque ID:1020180530 Sec:8 LAW 200 Statement Analysis: “A company at law is distinct from its members. A Director is neither an agent nor a trustee of a company” To: Barrister Shaheen Ahmed (ShD) Date: 07.04.2014 Introduction The main inspiration for forming a corporation or company is the limited liability it offers to its shareholders. This policy allows the shareholders to lose only what he has contributed as shares to the corporate entity and nothing more. However, there is a major exception to the general concept of limited liability. There are certain circumstances in which courts will have to look through the corporation, that is, lift the veil of incorporation, and hold the shareholders of the company personally liable for the obligations of the corporation. The veil policy is raised when shareholders shape the distinction between the corporation andthe shareholders. It is an important aspect of the law that although it is a separate legal entity, a company or corporation can only act through human agents that it is comprised of.Under the company law or corporate law, a corporation is specifically referred to as a legal person who is a subject to rights and duties and is capable of owning real property, entering into contracts,......

Words: 2896 - Pages: 12

Premium Essay

Assessment 3

...performance helping empower his team. He has introduced job rotation to build employees skills & knowledge. He rewards his team and creates a positive work culture. 2. Meeting Deadlines: Hazif rewards his employees to ensure all orders are completed and delivered in time and targets are met letting us know how Hazif is performing and if he is getting all deliveries out in time. Accidents at work: As part of the quality culture all staff know the importance to health and safety, all accidents should be recorded thus letting us know if Hazif is making sure all employees are sticking to the health and safety guidelines and how he is performing as a manager. 3. The functional or group approach. In 1973 john Adair theorised and developed an action-centred leadership model to support his concept, it consists of 3 interlocking circles because all three areas are equally important: The Task: Hazif met with Suzy to discuss the weekly production programme and then assign tasks so everyone knows what what is expected of them. Employees have a job development review every 4 months as well as being advised monthly on how they are performing. Employees are rewarded to ensure all orders are completed and delivered on time to a high standard. The Team: Staff are aware that success is not just dependant on sales the key is active teamwork and development, with employees contributing as an individual or part of a team to achieve targets. Blind tasting was also......

Words: 658 - Pages: 3

Premium Essay

Case Assessment

...Cognitive-Behavioral Case Formulation Client Name: Ms. Date: Identifying Information: middle-aged female, married with two children Mental Status Examination She appeared neatly dressed in an outfit, which was age-appropriate. She was alert and oriented to person, place, and time. The client made every effort to be open and honest. Furthermore, she maintained a cooperative attitude toward the examiner. Her mood and affect were depressed and anxious. Speech was coherent and relevant. There were no signs of a formal thought disorder as observed. Memory was intact as observed. Insight was estimated as fair to good. Problem List 1. Feeling angry, resentful, anxious •Include score on BAI at intake •Thoughts -“She knew we were going to be late and deliberately stayed in the closet” -“She runs this house” -“I might as well not be married” •Behaviors -yelled at daughter and husband -stomach tensed up •Recent Situations -late for school and daughter was hiding in the closet -daughter refused to go to bed -husband went upstairs to play with model trains 2. Feeling depressed, helpless •Include score on BDI at intake •Thoughts -“She doesn’t care about what I’m going through” -“She doesn’t care about what I need” -“He leaves me with all the responsibility and doesn’t care” •Behaviors -blamed daughter and husband •Recent Situations -late for school and daughter was hiding in the closet -daughter......

Words: 1297 - Pages: 6

Free Essay

Assessment Focus

...Focussed Assessment In the given case study patient has persistence vomiting for eight days and she took Antaacids to relieve the symptoms. She is dehydrated, and her lab results shows she has metabolic alkalosis. In focused assessment, detailed nursing assessment of particular body system(s) connected to the current problem is required. One or more body system may be involved.Nausea and vomiting can ocurr due to different reasons like food poisoning,chloecystitis or intestinal obstruction..For the patient with vomitting,intially the health care provider need to pay attention to signs of dehydration. Like assessing monitoring blood pressure and observing for hypotension, skin turgour and mucous membranes changes (McCance, Huether, Brashers, & Neal, 2014). General Assessment: Patient had dark circles under the eyes. She looked worn out. She was feeling anxious. Her energy level was very low. She was speaking very slowly. Abdominal Examination: Abdomen is soft to touch. Patient has some epigastric pain. Bowel sounds are decreased.No bloating or acidity. Signs of hypo-motility may indicate an increased risk for nausea and vomiting. Cardiovascular system: Patient is hypotensive with tachycardia. No heart regurgitation or murmur. Heart rhytm is regular. Patient is feeling tired and dizzy. Pulmonary system: Patient is in metabolic alkalosis. Respirations rate is low 12 breaths per minute. Patient is taking deep regular breaths. Lungs are clear to......

Words: 1345 - Pages: 6

Premium Essay

Bsb115 Assessment 3

...VDB REPORT Cleanse Body Soap Assessment Item 3 BSB115 - Management Word Count – 1412 Table of Contents Introduction 3 Problem Defined 3 Problem Analysis 4 Leading 4 Controlling 5 Environmental Factors 5 Conclusion 6 Recommendations 6 Bibliography 7 Introduction Cleanse is an Australian body soap company who produce and wholesale their products out to supermarket chains such as Woolworths and Coles. The company has been operating for over 3 years and has established a head office in Brisbane and Sydney with over 200 employees in its Australian operations. In addition to its Australian operations, Cleanse also has a branch in Delhi, India where they produce the same product and wholesale Cleanse products to supermarket chains such as Foodworld and Spar. This report has been commission by the CEO of Cleanse after they were made aware of the ongoing issue at the Delhi branch. The purpose of this report is to address the issue at the Delhi branch of Cleanse and identify the gaps between what has actually happened and what steps should have been taken to avoid it in the first place. The report will also provide valuable recommendations as to how this problem can be resolved by addressing the contextual factors associated with operating in a different country. The branch in Delhi is a major part of Cleanse, because its product is produced and sold amongst the second largest population in the world (World Atlas, 2012). Therefore this issue......

Words: 1528 - Pages: 7

Premium Essay

Bus328 Law Assessment

...(a) 1) Issue: The plaintiff of this case is Gigi and the defendant is Chow Ltd. Plaintiff wish to sue for compensation of her illness. In addition, plaintiff would like to hold defendant liable for losses incurred. Defendant would argue that plaintiff was not directly employed by them. They are not liable for her illness. They would also argue that since they are only the holding company, liabilities should be claimed from the primary blame (Shiba Ltd). 2) Rules: a) S119 Corporations Act (2001): A company comes into existence as a body corporate when it registered with the Australian Securities Investments Commission (ASIC). Company is separate legal entity and it’s separate from its members. [Salomon v Salomon (1897)]. A company is an artificial person who can be sued or sue someone. Therefore, the person who manage the company is not liable for the company liabilities. This create a “corporate veil” between the company and members. In this case, Chow Ltd would argue that Shiba Pty Ltd is separate legal entity which they need not to compensate for Gigi illness. b) S516 Corporations Act (2001): The principle of legal limited liability. Company liabilities are separate from personal assets which are limited by shares. On the facts, plaintiff was trying to ask Chow Ltd for compensation as Shiba Ltd is owned by Chow Ltd. On the facts, holding company have to pay the compensation fee under tort of negligence. 3) Application: a) Duty of care to......

Words: 1930 - Pages: 8

Free Essay

Taxation Law Case Analysis

...CLAW3201 Case Analysis Introduction In Crown Insurance Services Ltd v Commissioner of Taxation (Crown), the issues raised are pertinent to the residence and source of the company under s6(1) of the Income Tax Assessment Act 1936. As cases are determined on the basis of all relevant facts and circumstances of each case, this analysis will focus on how the court’s decision process determined whether Crown had carried on business in the years 2004-2007 inclusive and the existence of central management and control (CM&C) in Australia. The purpose of this is to assess the valuation of Crown’s taxable income, which ultimately resulted in the objective decision to be set aside in favour of the applicant. Evaluation will be made in regards to how the case compares with previous cases and tax rulings and the likely impacts of the case on future commercial practices. Further, what the case infers about the current state of law in this area will also be discussed, as well as the potential degree of changes in modern judgements of residence and source issues within businesses not incorporated in Australia. Past judgements and tax rulings The facts of the case are similar to that of Malayan Shipping Co Ltd v FCT (1946), where the court held that “the mere trading in Australia by a company not incorporated in Australia will not of itself be sufficient to cause the company to become a resident”. This is true and consistent with the statutory definition of resident of Australia,...

Words: 1429 - Pages: 6

Premium Essay

Ls311 – Business Law Unit 3 Case Study

... Running head: Double Jeopardy Unit 3: Case Study NAME LS311 – Business Law Prof. SNAME Case Armington, while robbing a drugstore, shot and seriously injured Jennings, a drugstore clerk. Armington was subsequently convicted in a criminal trial of armed robbery and assault and battery. Jennings later brought a civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Is he right or wrong? Armington is incorrect. Double Jeopardy is being tried for the same crime twice (Miller & Jentz, 2008). In this case Armington was tried and convicted of the crime, however the civil tort suit is something that is completely different then the armed robbery conviction, therefore this would not fall under double jeopardy. Regardless of the outcome of the criminal trial, the victim can bring a civil suit against Armington to recover any losses or damages. Armington can also be charged federally for civil rights violations for the same crime because assault and battery took place; he cannot claim double jeopardy for that either. Since Jennings was injured in the crime, he has the right to pursue a civil case for damages incurred from the injury. This can include medical bills, time off work, even mental or depression issues stemming from the incident. Armington’s rights have not been violated because these...

Words: 307 - Pages: 2