All questions relate to American law, please include a reference page
In 300 words, respond to the following:
When conducting surveillance, explain how to balance an expectation of citizen privacy with legitimate investigative procedure that has public safety as its goal.
Explain whether citizens should differentiate between government intrusion and private companies who use citizens’ online data to surveil their movements and activity.
Challenging assumptions or using intimidation to keep the suspect off-balance
Then, in 500 words, respond to the following:
For each of the five characteristics of an interrogation listed above, explain:
how each benefits the interrogator,
the intended and unintended effects on the suspect, and
how each may be affected by legal requirements.
Paul Robinson is the Chief Compliance Officer for Lucid Marketing Company (Lucid), a prominent company that specializes in streamlining business operations with marketing strategies. Over the past year, Paul has made some questionable decisions at work; decisions that may now cost him his job. He comes to your law firm seeking counsel on what potential legal issues the company (or he) may face.
One year ago, the U.S. government passed a law called the “Do-Not-Email National Registry Act.” The Act was designed to prohibit commercial email solicitations to an individual unless the business was able to obtain express written consent from the individual to receive commercial email solicitations. The framework was originally designed by the FTC, which reasoned that user privacy rights were at issue and that “consumers needed protection from harassing business email solicitations.” The FTC briefly considered an approach similar to the National Do-Not-Call Registry, but it was quickly shot down when consumer advocate groups began protesting the FTC for “putting big business before the little guy.” The law will take effect one year from today.
Since Lucid’s primary area of business is offering total marketing solutions to its business clients, this law could potentially cripple the organization. Accordingly, Paul felt the need to hire outside counsel to challenge the law. Last month, outside counsel recently filed a complaint on Lucid’s behalf against the FTC. Legal bills already total $100,000 and the proceedings have just started. It is estimated that the total legal bill will be over $1 million dollars. Lucid’s Board of Directors is very concerned with Paul’s decision to challenge the law. They are not sure if Lucid will be successful. They wanted to sell the company while it still had value, but now they have no choice but to take their chances in litigation since Paul blew through a good portion of their liquid assets on the pending litigation.
One bright spot in Lucid’s operation is their affiliated company, Lucid News (LN). Over the years, Lucid has benefited greatly from having a sister relationship with LN. LN has managed to provide a good spin to Lucid’s otherwise disastrous past year. However, the State police authorities have been recently investigating LN for a variety of alleged illegal activity, including fraud, money laundering and drug trafficking. As Chief Compliance Officer for both operations, Paul was shocked when State police authorities stormed LN’s headquarters and ransacked it searching for evidence of criminal activity. Paul was caught off guard largely because the police supplied the search warrant five minutes before entering the premises. Paul expected that the police would have issued a subpoena for all the documents seized as part of the search. Paul argued that a subpoena would have been more appropriate for what the police wanted to obtain. Some of the evidence obtained indicated that LN had been collecting large sums of cash (over $800,000) and depositing it in a local bank over a period of time. The cash was deposited in ten even installments and left no paper trail.
Paul has also been dealing with Human Resources over the past few months Lucid’s recent implementation of a drug testing policy. One employee was discharged for refusing to submit to a drug test after the employee learned that Lucid tested for illegal drugs, legal prescription medication and diabetes. Paul had no choice but to release the employee since Lucid’s “Employee Handbook” specifically states that, “as a condition of employment, Lucid may test for illegal drugs, legal prescription medication and diabetes.” In addition to providing notice through the Employee Handbook, Lucid also sent out a company-wide email notifying all employees of the new drug testing program.
Another employee was discharged after Lucid’s information security team recorded an incoming call from a client to the employee. The first ten minutes of the conversation was spent discussing what types of services Lucid’s provides and obtaining general pricing information. However, during the last five minutes of the conversation, the caller began to flirt with the employee, even asking the employee out for a drink after work. The employee was flattered, and agreed to “skip out a few minutes early” so they could meet at a local pub. Lucid’s Employee Handbook states that, “as a condition of employment, all incoming and outgoing calls may be monitored.”
Your supervising attorney asks you to prepare a memo discussing all potential privacy-related issues in Paul’s case. You are to advise your supervising attorney on the likely outcome of each issue, citing appropriate authorities.
“Nothing is more important than the settlor’s or the testator’s intention in determining whether and how the provisions of a trust ought to be carried out”.
Discuss this statement with reference to any of the topics we have studied to date (the three certainties, the beneficiary principle, and charities). You are strongly encouraged to narrow your focus to a specific area. Do not attempt to cover everything.
Word limit: 1500
OSCOLA referencing system
1. (only 2 questions for 1.)
Norton’s Country Corner (Norton’s) is a cowboy bar located in Queen Creek, Arizona. The bar is owned by McDade & Sons, Inc., which is owned 100 percent by Nancy McDade. McDade is its sole officer and director. Live bands play country-and-western music at Norton’s on various nights of the week. Certain copyright owners of music have authorized Broadcast Music, Inc. (BMI) to license the use of their copyright songs to broadcasters and to owners of concert halls, restaurants, and nightclubs for live performances of the copyrighted music. BMI attends public performances of music to determine whether any copyrights it is authorized to license are being performed without such license.
One night, a BMI representative attended a live band performance at Norton’s bar and recorded the songs played by the band that night. The audio recording showed that 13 copyrighted songs that BMI was authorized to license were played by the band at Norton’s without the required license. BMI sued McDade & Sons, Inc. and Nancy McDade in U.S. district court for copyright infringement. The defendants argued they had not committed copyright infringement and that copyright law did not apply to owners of small establishments.
Are the defendants liable for copyright infringement?
Language of the Court
The Copyright Act gives the owner of a copyright the exclusive right to publicly perform, or authorize others to perform, the copyrighted work. Any person who violates this exclusive right is an infringer. Lack of authorization is established by the undisputed fact that defendants were not licensed by BMI to perform plaintiffs’ copyrighted musical compositions. Defendants contend that the copyright laws are unfair to small bar owners “struggling to get by week by week.” Defendants seek an exemption from complying with the Copyright Act, but have not cited any authority for such an exemption. The record reflects that defendants’ infringements were knowing and willful.
The U.S. district court held that the defendants had engaged in copyright infringement and awarded $39,000 in damages, attorney’s fees, and costs to the plaintiffs, and issued a permanent injunction against the defendants’ infringement of copyrighted musical compositions licensed by Broadcast Music, Inc.
Critical Legal Thinking Questions
Should small-business owners of bars and other establishments be free from copyright laws?
How many restaurants, bars, and other establishments play copyrighted music without the copyright owner’s permission?
2. Exclusionary Rule
Evidence obtained from an unreasonable search and seizure is considered tainted evidence (“fruit of a tainted tree”). Under the exclusionary rule, such evidence can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched. However, this evidence is freely admissible against other persons.
The U.S. Supreme Court created a good faith exception to the exclusionary rule.13 This exception allows evidence obtained illegally to be introduced as evidence against the accused if the police officers who conducted the unreasonable search reasonably believed that they were acting pursuant to a lawful search warrant.
U.S. Supreme Court, Washington DC
In the United States, suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.
Critical Legal Thinking
Does the exclusionary rule allow some guilty parties to go free?
Is this an acceptable result when balanced against the protections afforded by the Fourth Amendment?
Find and share a case where a person was set free based on unreasonable search and evidence was found? If you cannot find one, try to find a case simlar to the one below.
Case Example: DON’T USE THIS CASE
David Riley was stopped for driving with expired registration tags. A search of the car turned up two concealed and loaded firearms. The police confiscated Riley’s smartphone and went through it and found gang related information and a photograph of Riley in front of a car they suspected to be involved in a shooting a few weeks earlier. Based on the information retrieved from the cellphone Riley was charged with that earlier shooting, with firing at an occupied vehicle, assault with a semiautomatic weapon, and attempted murder. Riley was convicted of all charges and was sentenced to 15 years in prison. Prior to trial, Riley moved to suppress the evidence the police obtained from his cellphone, alleging that the information obtained from his phone was the fruit of an unconstitutional search in violation of the Fourth Amendment. The court denied Riley’s request. After appeal, the U.S. Supreme Court granted certiorari to hear the case.
Consider the following hypothetical: Ed contracted with Becky to build a house. Immediately prior to that meeting, Becky was so nervous that she drank an entire bottle of champagne and she does not remember all of the details of the meeting. Shortly before the closing, Ed met with Becky, accused her of fraud and threated to prevent the contract from going to closing. Ed’s associate, a former stunt double for Dwayne “the Rock” Johnson, stood outside the door for two hours to prevent Becky from leaving. Ed gave Becky the choice of signing a new contract promising him more money for the build or going to court. Becky signed the agreement but now has sought legal advice.
Imagine that you are Becky’s attorney. What would you tell her about whether she can rescind the contract? (Big Hint: Capacity to Contract, Duress and Undue Influence)
The following discussion comes from your week 5 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research. In addition, I would recommend utilizing the legal studies program guide. P
There are various identification methods used in the criminal justice system. There are also two different types of evidence used, physical evidence and circumstantial evidence.
This discussion examines the reliability of the various methods used and examines the two different types of evidence.
Please thoroughly discuss each of the following:
Discuss the various identification methods used in the criminal justice system. Discuss some of the flaws with eye witness identifications?
What is the difference between physical evidence and circumstantial evidence? Which do you believe is more reliable to a jury? Discuss why.
What are some of the benefits and drawbacks to relying on DNA evidence in a criminal case?
Respond to listed statements in at least 300 words each statement . Do you agree or disagree with the statement?
Statement 1 Christians are to call out against capital punishment by religious leaders for several decades. Current studies have reported high levels of minorities and poor adjudicated in disproportionate levels. Current laws can be applied to deter significant crimes to reduce the need for the death penalty. Since the United States incarcerates at high levels, it’s essential to call for the abolition of the death penalty so that no one will die for being from racial or from poor neighborhoods under a fallible system.
Statement 2: One argument in favor of keeping the death penalty is that it can serve as a deterrent in society to keep those individuals who might want to offend in the future from doing so.
Research and explain the three main types of intellectual property (1) Patents (2) Trademarks and (3) Copyrights.
The length should be about five paragraphs: introduction, one paragraph on each topic and a conclusion. The purpose is to understand the differences between these types and to determine if any special handling is required if responsive materials fall into one of these categories.
APA Format – NO ABSTRACT NEEDED
Approximately five (5) paragraphs total
Introduction / Conclusion paragraphs
One paragraph on each topic
Properly cite references utilized according to current APA standards
Three (3) to five (5) sources required
follow the example, not number of pages but the structure- 1100 wors
To what extent may auditors be held liable to compensate those who have suffered financial loss as a result of their negligent advice?
D, E and F are partners in DEF and CO, a firm of accountants which acts as the auditor of Fox Ltd. N, a minority shareholder in Fox Ltd, wrote to D ‘in confidential’, asking if he could rely on DEF and Co’s audit report for the accounting period ended 31 July 2021, as he was considering making a take-over bid for the entire share capital of Fox. D sent a letter to N stating that the report could indeed be relied upon by N, but pointed out that DEF and Co’s would not accept any responsibility for financial loss caused by the reliance of any person on statements contained in the report’.
N subsequently acquired the share capital of Fox Ltd, but now considers that he has paid far too much for the shares as a result of relying on statements within the audit report which have proved to be inaccurate.
Requirements: 1100 | .doc file
The following discussion comes from your week 5 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research. In addition, I would recommend utilizing the legal studies program guide.
Please use the Model Penal Code.
Michelle and Stacey were roommates. Michelle had a boyfriend named Steve. Stacey did not like Steve very much. She found him to be ignorant and thought he drank too much. Stacey also did not like the way Steve treated Michelle. One night Stacey game back to the apartment and found Steve stabbing Michelle in her chest over and over yelling, “how could you do this to me Michelle, I love you with all my heart, how could you.” Steve was visibly drunk. Stacey walked over to her desk drawer and pulled out a gun and stated, “I have had enough of you Steve.” Stacey shot Steve straight in the heart and he died. Moments later Michelle got to her feet and took the knife Steve was stabbing her with and stabbed Stacey in the chest several times yelling, “I loved him, how dare you.”
Discuss the crime(s) Stacey and Michelle would be guilty of using the model penal code.