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Locate the juvenile court rules for your jurisdiction. Choose two statutes. Rewrite them, breaking them into their elements. Review the statutes for assault, battery, and kidnapping in this chapter to review how a statute is broken apart into elements.
Answer Preview: Section 27 strictly speaks of jurisdiction in the case of Juveniles, wherein if a Juvenile (a person …

, Review the interrogatories that might be used in the Rambeaux case. Write a set of questions that might be sent to the plaintiff in this case.
Answer Preview: The party to whom interrogatories are administered, must answer them in writing and on oath. The pa…

, Whether material is obscene has traditionally been determined by community standards. What do you think this means? Is this a workable standard considering the wide-spread use of the Internet?
Answer Preview: For content to be ruled obscene, it must meet a three-pronged test established by the Supre…

, Chapter: 9 -Problem: 11 >> State the issues presented to the court in Groucho Marx Publications, Inc. v. Day and Night Company.
Answer Preview: a. Does New York recogniz…

, Chapter: 1 -Problem: 7 >> Three young men were assaulted because of their race. The assailant was arrested and charged with several offenses, including assault with a firearm, civil rights violations and brandishing a weapon . Was the civil rights violation civil or criminal? Explain your answer. See People v. Lashley, 1 Cal. App. 4th 938, 2 Cal. Rptr. 2d 629 (1991).
Answer Preview: This is a criminal case. …

, Review the case file at the beginning of the chapter. Write a brief memo to Monica Graham explaining the difference between arbitration and litigation.
Answer Preview: Monica Graham (Monica) and James M. Graham III (James) were divorced by an April 2003 judgment of the divorce court entered in case number DR021501. T…

, Do you agree that the taxing power gave Congress the right to enact this law?
Answer Preview: Without the power to tax, a government will have few reso…

, Chapter: 4 -Problem: 2 >> Review the Modnick case. As you read, identify the facts, the issues, the rules or laws, the holding, and the conclusion. Notice how the court explains or analyzes in this decision. Refer back to the Welch case at the beginning of the chapter. Identify each fact that applies to each element of fraud.
Answer Preview: The summary of the Modnick case …

, After the Lopez case, the statute in question was amended to read:It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.Is this law within the power of Congress to enact?
Answer Preview: Powers of Congress All legislative power in the government i…

, Chapter: 1 -Problem: 8 >> Oliver Wendell Holmes, Jr. was a famous Supreme Court Justice who had definite views on legal philosophy. Research this individual’s life and philosophical beliefs on the Internet. Summarize your findings.
Answer Preview: This is a civil cas…

, Write a case brief for the Windsor case. Include the facts, issues, rules, analysis, and conclusion.
Answer Preview: Windsor, 570 U S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage . The Court held that Section 3 of the Defense of Marriage Act (DOMA), which deni…

, Chapter: 2 -Problem: 11 >> The U.S. Constitution prohibits cruel and unusual punishment. Is it a violation of the U.S. Constitution to sentence someone to death for rape of a child? See Kennedy v. Louisiana, 129 S. Ct. 2641 (2008).
Answer Preview: The Supreme C…

, Chapter: 13 -Problem: 4 >> Lawrence hired a law firm to represent him in a legal matter and signed an agreement containing a provision requiring arbitration in the event of any dispute regarding fees, costs, or any other aspect of the attorney-client relationship. Eventually Lawrence wanted to pursue a legal malpractice claim. Rather than request arbitration, Lawrence filed a lawsuit against the law firm for legal malpracti
Answer Preview: The court in Lawrence held …

, Chapter: 10 -Problem: 7 >> Assume that Kersch enters into an oral agreement to lease a building for eleven months. Three months into the lease, Kersch decides to buy a building. Can he cancel the lease without penalty?
Answer Preview: An oral lease for less …

, Chapter: 8 -Problem: 4 >> 1. DOMA forced same-sex couples to live as married for the purpose of state law, but unmarried for the purpose of federal law. Why is this a problem?2. The Court states that DOMA “frustrates New York’s objective of eliminating inequality by writing inequality into the entire United States Code.” What does this statement mean? In United States v. Windsor, the U.S. Supreme Court held that the Defens
Answer Preview: 1. DOMA forcing same-sex couples to live as marrie…

, Chapter: 14 -Problem: 6 >> Why does youth (age) matter in determining the appropriateness of a lifetime of incarceration without the possibility of parole. Defendant was convicted in the Alabama Circuit Court of capital murder committed when he was 14 years old. Defendant appealed his conviction and the resulting sentence of life in prison without possibility of parole. In Miller v. Alabama, the U.S. Supreme Court held that
Answer Preview: The court held that children are constitutionally different f…

, Chapter: 2 -Problem: 4 >> In this landmark U.S. Supreme Court case, the U.S. Supreme Court again refused to recognize the Commerce Clause as empowering Congress to act with respect to mandatory health insurance, although it did uphold the right of Congress to act under its power to tax. The court upheld the individual mandate provision in the Affordable Care Act, also known as Obamacare, as a valid tax under the power of C
Answer Preview: An argument could be made that the individual mandate indeed af…

, Should U.S. district court judges be appointed by the president, or should they be elected by the people in the district where they serve?
Answer Preview: The appointment as a District Judge has always been an attraction to …

, Chapter: 10 -Problem: 11 >> Peters, an employee of a union as a business agent was subpoenaed to testify before a legislative committee. He claimed that he was instructed by the union's secretary-treasurer in charge of employees to give false testimony when questioned. Instead, he gave truthful testimony and was discharged from his position for that reason. His employment was an “at will” arrangement. Nevertheless he sued fo
Answer Preview: The court in Petermann found that …

, Chapter: 4 -Problem: 1 >> 1. Compare the facts of the Modnick case with the facts of the Welch case provided in the memo to Terry Jacobs. What do the two cases have in common? How do the cases differ?2. Are there additional facts you need to know in the Welch case in order to do a complete comparison with the Modnick case? If so, what do you need to know? Modnick is a family law/domestic relations decision. The legal issue
Answer Preview: 1. Factual Similarities: Both cases involve family law. In each instance, one spouse intentionally h…

, Chapter: 6 -Problem: 5 >> 1. Does the Court say that actual malice must be proved in every defamation case?2. What was the respondent’s occupation? Was it important? The U.S. Supreme Court held in the landmark U.S. Supreme Court case New York Times v. Sullivan that a state cannot award damages to a public official for defamation relating to official conduct without proof of actual malice—that the statement was made with k
Answer Preview: 1. No. Only public officials need to pro…

, Chapter: 15 -Problem: 2 >> 1. What well-established government interest does the Maryland DNA Collection Act serve?2. The Court points out a difference between DNA analysis and fingerprint databases. Explain. Following denial of his motion to suppress DNA evidence, defendant was convicted of first-degree rape. The U.S. Supreme Court held that the search using buccal swab to obtain defendant's DNA sample after arrest for a s
Answer Preview: 1. The state has a significant interest in the identification of defendant and of all arre…

, Chapter: 5 -Problem: 2 >> What was the Court’s holding in Powell v. Alabama? See the Gideon v. Wainwright case in this chapter.
Answer Preview: Indigent defendants accused of …

, How do the responses to a jury questionnaire help an attorney choose jurors?
Answer Preview: Whether you use a jury questionnaire in every case or have never even thought about submitting one, a carefully crafted questionnaire serves to make t…

, Chapter: 10 -Problem: 10 >> Jackson Leasing Co. acquired an apartment complex having some problems. The tenants complained of wall cracks, peeling paint, water leaks, heating and electrical fixture problems, broken or inoperable windows, rodents and cockroaches, and the lack of sufficient heat in the apartments. All of these conditions existed before Jackson acquired ownership. Jackson refused the fix any of the problems, an
Answer Preview: The court in Knight held th…

, Chapter: 7 -Problem: 2 >> 1. According to the court, what are the elements of the specific type of invasion of privacy alleged by the plaintiffs?2. Cynthia’s family had no claim for invasion of privacy. Do they have any remedy? The author of a journal entry on a social networking website and other members of her family brought an action against author's sister's high school principal, who submitted the journal entry for re
Answer Preview: 1. The plaintiff alleged public disclosure of private facts under invasion of privacy. To state …

, Chapter: 6 -Problem: 9 >> 1. What is the doctrine of “separate but equal?”2. What did the Court say about that doctrine in this case? This is the landmark case in which the Supreme Court decided that separate but equal educational facilities was a violation of the Equal Protection Clause of the Fourteenth Amendment.
Answer Preview: 1. As long as equal fac…

, Review the summary of U.S. v. Morrison in Appendix VII. Is this a civil case or a criminal case? Explain.
Answer Preview: Morrison, 529 U S. 598 (2000), is a U S. Supreme Court decision that held that parts of the Violence …

, Chapter: 7 -Problem: 1 >> Why did the court find that a battery was alleged, but not an assault? A middle school football player, who was injured when football coach thrust his arms around player's body, lifted him off his feet, and slammed him to the ground while explaining proper tackling technique, brought an action for negligence, assault, and battery claims against the coach. The court held that player who alleged tha
Answer Preview: The tort of assault consists of an act intended to cause either harmful or offensive contact with …

, Chapter: 8 -Problem: 5 >> 1. All parties agreed that F. G. is a fit parent and that the adoption was in the best interest of the children. Why was there opposition to the adoption of the children?2. Summarize the facts of the Dept. of Children v. Adoption of XXG case. A homosexual foster father petitioned to adopt two foster children that had been placed in his care. A Florida statute prohibited adoption by homosexuals. Th
Answer Preview: 1. A Florida statute states, No person eligible to adopt under this statute [the Florida Adoption …

, Do you think that an agreement between parties who are about to marry should be governed by general contract law principles? Should there be additional considerations? If so, what?
Answer Preview: There can be no action for breach of promise unless a contract to marry has been made. There are no …

, Chapter: 10 -Problem: 3 >> 1. What is cDNA?2. Why is cDNA patentable, while DNA is not? The U.S. Supreme Court determined that DNA could not be the subject of a patent since a patent cannot be obtained upon a product of nature. But the court also held that cDNA, a synthetically created DNA is not a “product of nature,” so it is patent eligible under patent law.
Answer Preview: 1. Complementary DNA or cDNA is synthetically created DNA. Scientists can synthetically create exon…

, Chapter: 6 -Problem: 6 >> 1. Why was respondent’s speech protected by the First Amendment?2. What were the matters of public concern in respondent’s speech? In Snyder v. Phelps, the father of a deceased military service member brought an action under state tort claims of intentional infliction of emotional distress, intrusion upon seclusion, and civil conspiracy against a church and its members for picketing near the funer
Answer Preview: 1. The court held that the speech was a matter of public …

, Chapter: 16 -Problem: 2 >> Using Appendix VI, find the Federal Rules of Evidence that might have been applicable to the Bowling case. Explain how each could be used. Defendant was convicted of murder that occurred in the course of a robbery. At trial the following evidentiary issues arose: (1) Defendant attempted to introduce psychiatric testimony regarding his low I.Q. in an attempt to prove lack of premeditation. The cour
Answer Preview: Rule 802 is the basic hearsay rule. Rules 803 and 804 cr…

, Chapter: 6 -Problem: 8 >> 1. What was the holding of the Tinker case?2. What was the holding of the Fraser case? The First Amendment was not violated by a school that took away a banner from a student encouraging the use of marijuana, where the banner was waived at a parade honoring the olympic torch and where the event was school supervised.
Answer Preview: 1. In Tinker , the U S. Supreme Court held that a policy pr…

, Review the section of your automobile policy that deals with uninsured-motorist coverage. Describe these provisions.
Answer Preview: Uninsured motorist (UM) coverage is a component of an auto insurance policy that pr…

, Chapter: 3 -Problem: 3 >> Does the Supreme Court take a different view of what paralegals can do than the court in the Furman case? Explain.
Answer Preview: Yes, the U S. Supreme Court takes a different view of what paralegals c…

, Chapter: 13 -Problem: 2 >> 1. Summarize the Court’s attitude toward clauses in arbitration agreements?2. What would it take for the Supreme Court to find an arbitration clause that is unenforceable?  In American Express Company v. Italian Colors Restaurant, the U.S. Supreme Court held that the Federal Arbitration Act does not permit courts to invalidate a contractual waiver of class arbitration because a plaintiff's cost of
Answer Preview: 1. The court treats arbitration agreements as a matter of contract. Cour…

, Chapter: 8 -Problem: 6 >> State the issues presented to the Court in McCord v. McCord.
Answer Preview: a. Is it error for a court to modify a child support order requiring Father to pay extraordinar…

, Chapter: 6 -Problem: 10 >> 1. Why is a golf course considered a place of public accommodation?2. When is an alteration considered to be fundamental? In PGA Tour, Inc. v. Martin, the U.S. Supreme Court held the PGA Tour is a public accommodation within the meaning of Title III of the American with Disabilities Act (ADA) and that the Tour had to “reasonably accommodate” Casey Martin by allowing him to ride a golf cart in Tour
Answer Preview: 1. A golf course is a type of place specifically identified …

, Chapter: 11 -Problem: 2 >> 1. What is loss causation?2. What are the elements of a private security fraud claim under Rules 10(b) and 10b-5? How do these elements differ from fraud as used in tort law and in contract law? An investor, on behalf of itself and others similarly situated, filed putative securities fraud class action against corporation and its chief executive officer (CEO) during the class period, seeking to re
Answer Preview: 1. To prevail on the merits in a private securities fraud action, investors must demonstrate th…

, Chapter: 10 -Problem: 2 >> 1. The Court relies heavily on two former cases, Nollan and Dolan. What was the Court’s central concern in these two cases?2. What did the Water Management District demand of Koontz before it would issue a permit? 3. Why did the Nollan/Dolan requirements apply to the St. John’s Water Management District? A landowner brought an action in Florida state court against a water management district, alle
Answer Preview: 1. Nollan and Dolan held that the government may not condition the approval of a landuse permit …

, Chapter: 6 -Problem: 11 >> 1. Did the Court rule that the Voting Act in its entirety was unconstitutional? Explain.2. What did section 4 of the Act provide? In Shelby County v. Holder, the U.S. Supreme Court held that the Voting Rights Act of 1965 provision setting forth a “coverage formula” was unconstitutional.
Answer Preview: 1. No. The court held that only the coverage formula in Section 4 of the Voting Rights Act was un…

, Do you think that Barry and Sun Bonds were in a equal bargaining position when this agreement was signed?
Answer Preview: In this case we consider whether appellant Susann (known as Sun) Margreth Bonds voluntarily entered into a premarital agreement with respondent Barry Lamar Bonds. We conclude that the Court of Appeal …

, Chapter: 10 -Problem: 6 >> Review the case file at the beginning of the chapter. How would Kersch protect his computer chip?
Answer Preview: A pate…

, Locate and summarize two family law statutes that address the issue of child custody. Provide the title of the code and the section number in your summary. Use Appendix IV to guide you in proper citation format. The index to the code will enable you to go directly to the appropriate statutes. Choose your vocabulary carefully before going to the index, to provide focus on the topic.
Answer Preview: 1 . California Family Code Section 301 1 ( App . IV , Cal . Fam . Code 301 1 , 2019 ): Th…

, Chapter: 15 -Problem: 6 >> After officers stopped a car to check its registration without reason to believe it was being operated unlawfully, one of them recognized a passenger in the car. Upon verifying that the passenger was a parole violator, the officers formally arrested him and searched him, the driver, and the car, finding, among other things, methamphetamine paraphernalia. Charged with possession and manufacture of
Answer Preview: The Supreme Court held that pas…

, Chapter: 3 -Problem: 11 >> Robert is a paralegal. His neighbor and good friend is in an automobile accident. She tells him how the accident happened and asks if she has a good case. What should he tell her?
Answer Preview: If Robert answers the questio…

, Chapter: 6 -Problem: 3 >> 1. What arguments did the school district make supporting its practice?2. Why did the Supreme Court reject these arguments? In Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000), the U.S. Supreme Court held that a school district’s policy permitting student-led prayer at football games violates the Establishment Clause of the First Amendment.
Answer Preview: 1. The school district argued that the policy's messages are private student speech and not public s…

, Chapter: 6 -Problem: 7 >> 1. The government tried to analogize this case to three statutes that allowed regulation of false statements. Describe these statutes.2. Why did the Court find that The Stolen Valor Act violated the First Amendment? In United States v. Alvarez, the defendant entered a conditional guilty plea violating the Stolen Valor Act by falsely verbally claiming to have received the Congressional Medal of Hon
Answer Preview: 1. The three statutes are: 1) the criminal prohibition of a false statement made to Gove…

, In the Reuther case, the Court did not grant the motion for summary judgment. Why? Plaintiff hired defendant to take him scuba diving. On the way to the dive site, a large wave struck the boat and plaintiff was injured. Prior to the dive, plaintiff signed a waiver and release, releasing defendant for all liability. The release referred to “the potential dangers incidental to scuba diving, instruct
Answer Preview: The court denied the motion for summary judgment because there were question…

, Chapter: 16 -Problem: 1 >> 1. Rule 703 is discussed in the Williams case. Rule 703 states: “An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data w
Answer Preview: 1. The court held that the testimonial evidence from the forensic specialist was admissible because …

, Chapter: 6 -Problem: 2 >> 1. Who were the petitioners in this case and why did they claim to have standing?2. What reasons does the Court give for the standing requirement? In Hollingsworth v. Perry, 570 U.S. ___, 133 S. Ct. 2652 (2013) involving California's Proposition 8, a voter-enacted ballot initiative declaring that marriage is between a man and a woman, the U.S. Supreme Court held that the proponents did not have st
Answer Preview: 1. After government officials elected not to appeal the District Court order, the petitioners in…

, Chapter: 2 -Problem: 6 >> What gave the United States Supreme Court, a federal court, the right to review a Texas state law?
Answer Preview: The fact that a U S…

, Review the short excerpt from a deposition transcript found in the chapter. Write a short summary of this transcript.
Answer Preview: List the last name of the person testifying. For example: Smith. List the ab…

, Chapter: 2 -Problem: 16 >> A group of concerned parents in the City of Elmwood wants to see a curfew imposed on anyone under age eighteen. How can they get such a law imposed?
Answer Preview: They would have to try to …

, Chapter: 1 -Problem: 6 >> A  high school hockey game resulted in a scuffle between off-duty police officers and an assistant coach and his wife. As a result of the scuffle, the coach and his wife were arrested for assaulting the police officers. At a trial they were acquitted. Later they filed a complaint against the two police officers claiming they violated their civil rights. Was the action against the police officers f
Answer Preview: The action against the off…

, Chapter: 10 -Problem: 1 >> 1. Why was this a unilateral and not a bilateral contract?2. What are the elements of promissory estoppel, and how were they satisfied in this case? Consumers brought an action against a tobacco company, asserting claims for breach of contract, promissory estoppel, and violations of the California Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) as a result of company's terminat
Answer Preview: 1. For a bilateral contract, both sides of the bargain must have made promises. The court held that …

, Chapter: 12 -Problem: 1 >> 1. What type of equitable relief is the plaintiff requesting?2. What must the plaintiff show to prevail on its claim for an injunction?3. What is the doctrine of unclean hands? Japanese researchers who hunt whales in the southern Pacific Ocean (Cetacean) sought a preliminary injunction against Sea Shepherd Conservation Society, a Washington-based conservation organization, which engaged in frequen
Answer Preview: 1. The plaintiff whalers requested a preliminary injunction. The court granted the plaintiff's reque…

, Chapter: 7 -Problem: 8 >> Harry owned an old and deteriorating farmhouse that was unoccupied, boarded up, and had NO TRESPASS signs around it. Harry was very upset with the constant burglaries and break-ins and to stop the vandalism mounted a spring-loaded shotgun in the farmhouse to fire when the door was opened. The gun was aimed to shoot an intruder’s legs so as not to cause a mortal injury. Several weeks later, Kasey b
Answer Preview: The Court found that one can use re…

, Chapter: 3 -Problem: 4 >> Who benefits when a losing party is required to pay the prevailing market rate for paralegals rather than the actual salary of the paralegal?
Answer Preview: The prevailing party benefits when the losing party is required to …

, Chapter: 7 -Problem: 11 >> Read the case of United States v. Morrison in Appendix VII. What common law torts could plaintiff claim in this case?
Answer Preview: Assault, battery, infl…

, Chapter: 6 -Problem: 4 >> 1. Did the Court hold that all cross burning could be regulated? Explain.2. Does the Court allow all threats to be regulated by the government? Explain. In Virginia v. Black, the U.S. Supreme Court held that a state may ban cross burning if it is carried out with intent to intimidate. However, a statute  that provides that cross burning is prima facie evidence of intent to intimidate is unconstitu
Answer Preview: 1. No. The First Amendment permits Virginia to outlaw cross burnings done w…

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