Stuck with your law assignment?

Get answers from academic experts to any study-related questions.

Our Founding Fathers wanted a government that would make errors of omission rather than adding laws we would later regret. They made it very difficult to get a law through Congress. Do you agree that it should be very hard to pass a law? Why or why not?

I agree that it should be very hard to pass a law because errors of omission are very grave as compared to the errors of omission. Congress made it very difficult for a law to pass through to prevent the occurrence of the errors of omission. Many nations encounter instances...

Examine what happened to people who invoked the Fifth Amendment, refused to appear or were found in violation of the law as defined by the Congressional Committee.

McCarthyism which stemmed a range of widespread investigations and persecutions was a legally challenging time for the United States as well. Several high-profile cases were reviewed by the Congressional Committees, most notably the House Un-American Activities Committee (HUAC). Many who appeared chose to plead the Fifth amendment as not to...

What are the Privacy Rule patient rights?

Health Insurance Portability and Accountability Act’s (HIPAA) Privacy Rule is designed to equalize and standardize the amount of data security and privacy on the federal level. It eliminates the gaps in client confidentiality among various health information holding or transferring entities. It includes three major safeguards, such as administrative, physical,...

What is Health Insurance Portability and Accountability Act, and what are its three parts?

Health Insurance Portability and Accountability Act (HIPAA) addresses informed consent, transfer of records, and client privacy issues. HIPAA’s three key parts are administrative, physical, and technical components. Administrative sections are regulatory frameworks to make sure that the client’s data is valid and available. The physical section ensures that there is...

A graphic artist of a pharmaceutical company finished designing a logo for a new product, and the logo is now on the company’s website. He mentions that he created the new design by downloading a logo that he found on an automaker’s website and changing it a little. Is the graphic artist’s trademark violating copyright law? Why or why not? Is what the graphic artist has done ethical? Why or why not? What should the graphic artist have done initially? Is it among best practices to seek inspiration from others’ work?

A designer violated copyright law if he saw an existing idea, which was patented, and copied it entirely, perhaps slightly modifying the design. For the image not to be considered plagiarism, it is necessary to change it by more than 50 percent. If a designer took the idea of an...

Make a compelling argument for whether or not a bicameral legislature now serves the interest of the United States better, compared to unicameral legislatures that exist in other parts of the world. Include at least three detailed reasons why a bicameral legislature suits the United States best, or why it is not working and a unicameral legislature would have worked better?

As it stands, the necessity of a bicameral legislature in the US is being contested, with the primary argument being that most countries in the world, such as Denmark, Sweden, Finland, Israel, and others, have a unicameral system, which helps with promulgating the necessary legislations faster. However, in the context...

Identify and explain in detail at least three specific powers that the Constitution gives only to the House of Representatives, and at least three specific powers given only to the United States Senate.

Although the House and the Senate are partners in the legislative process, each of them has its specific powers in regards to legislation. The specific powers of the House are as follows: The House has the duty to serve in committees, as well as propose bills and amendments. The House...

How does the Fourth Amendment impact our current system of government/society?
For example, would our current system of government or society be remarkably different without this amendment? Would the impact be in a positive way or in a negative way?

The Fourth Amendment had a massive effect on the world’s legal system by affirming an individual’s right to privacy. It served as a foundation for many modern legal procedures in regards to obtaining warrants and restricting the authority of the state.

What does the Fourth Amendment say at its core?

The Fourth Amendment prevents the government and the police from abusing its authority by violating a citizen’s privacy and conducting unlawful searches and seizures of property and personal effects. A warrant is required to do so as a part of a criminal investigation, which is given only with probable cause.

How does the Third Amendment impact our current system of government/society? For example, would our current system of government or society be remarkably different without this amendment? Would the impact be in a positive way or in a negative way?

The Third Amendment did not have a major impact on American history, as the US never had to face a war on its home turf in order to invoke any serious use of its provisions. Nevertheless, the amendment had a strong moral impetus during the foundation of the country.

What does the Third Amendment say at its core?

The Third Amendment does not allow the quartering of soldiers in the civilian-owned property during peacetime, except with the permission of the owner. During times of war, it allows quartering only within the limits of the existing laws.

How does the Second Amendment impact our current system of government/society? For example, would our current system of government or society be remarkably different without this amendment? Would the impact be in a positive way or in a negative way?

The Second Amendment had a significant impact on American history and society. It was invoked during the American Civil War and was the reason why the southern insurgency had the means of lasting for as long as it did. In addition, it is one of the reasons for America having...

What does the Second Amendment say at its core?

The Second Amendment protects the citizens’ rights to bear arms so that in the event of the government becoming oppressive and tyrannical, citizens could have the means of protecting their sovereign rights. It also covers the right to self-protection against all harm.

How does the First Amendment impact our current system of government/society? For example, would our current system of government or society be remarkably different without this amendment? Would the impact be in a positive way or in a negative way?

The 1st Amendment had a great impact on the history of the US and western democracies at large. Without it, the USA would have likely become a monarchy or some other type of totalitarian state. The American Constitution served as a blueprint for many other countries around the world. The...

What reasonable explanations do you believe led to the adoption of the First Amendment?

The First Amendment served to address many grievances that the American citizens suffered under the British rulership, which prevented the colony from representing itself in the Empire. As a new country ruled by democratically-elected representatives, it had to ensure the same story does not happen again. The right of religious...

What does the First Amendment say at its core?

The First Amendment protects the religious rights of all US citizens and residents by preventing Congress from making any laws or legislation that prevent the establishment and free exercise of religion. At the same time, it protects the freedom of speech by disallowing any infringements on the freedom of the...

The Supreme Court made several important decisions in the late 1800s in regard to industry. What was the significance of these rulings, and how was the Court defining freedom?

The decisions issued by the Supreme Court in the late 1800s produced the foundation for the development of democratic principles based on which the current American legal system was developed. Therefore, taking retrospect into the nature of these decisions to grasp their weight for American society is essential. The law...

Explain the complexities of addressing sexual assault in the legal system. What are the problems with the current system? If modifications should be made, where and why? If not, why not?Are there other necessary conversations or considerations necessary?

The problem of sexual assault in the legal system requires its detailed analysis because, in many cases, this problem is not discussed in society openly. Thus, there are certain complexities that are associated with the analysis of this phenomenon because of its controversial nature. Among the variety of weaknesses in...

In the context of mass shooting and/or violence, discuss the balances between rights and violence prevention. Which laws matter? Why or why not? What should be the priorities in the US discussion on firearms? Provide any recommendations you would have for government actors moving forward. Are there other necessary conversations or considerations necessary?

Mass shootings or gun violence is an urgent problem for US society today because hundreds of citizens die annually due to the uncontrolled use of firearms. In this context, it is important to discuss how the problem of a mass shooting can be addressed with a focus on achieving the...

Please use the Internet, University Library, or other resources to locate a current article that concerns the concept of confidentiality. Read the article and post a short substantive summary of its main points as a response to this message.

The Hawaii State protection of patient privacy received a major boost with the legislation in 1999 requiring confidentiality of patient medical records. However, the failure of the health care industry to comply with these regulations led to its withdrawal in 2001. This legislation contained provisions meant to protect the patient’s...

In what way(s) does the code of ethics differ from law?

There are several dissimilarities between the law and the code of ethics. Based on its definition, the law governs everyone in the community, state, or nation. Laws safeguard us in two ways. They outlaw detrimental deeds, and they discourage us from undertaking these deeds through punishment. On the other hand,...

You are a newly hired police officer, and while you are on routine patrol, you notice that some of your colleagues are regularly conducting pretextual traffic stops on minority drivers to search for illegal drugs. As a probationary police officer who can be legally terminated without cause during your first year of employment, how would you handle this kind of a situation, if you discovered it to be systemically happening?

If I discovered that the vehicle stops of minority drivers by other police officers were happening systemically, I would pay closer attention to each particular case. In my observation, I would look for evidence that the actions of other officers were not dictated by racial profiling. Since an officer cannot...

Can someone be detained based on reasonable suspicion? If so, for how long?

Reasonable suspicion does not give enough ground for an arrest, but it is sufficient for detention. A person can be detained based on reasonable suspicion as it does not require hard evidence. Still, the officer should have enough knowledge to make this assumption as detention also requires more than an...

What is the difference between reasonable suspicion and probable cause?

A police officer should have grounds for vehicle detention, which are either reasonable suspicion or probable cause. Reasonable suspicion is “the quantum of knowledge sufficient to induce an ordinarily prudent and cautious person in similar circumstances to believe criminal activity is occurring.” Although reasonable suspicion is not intuition or guess,...

Each year when Crime in the United States is published, some entities use reported figures to compile rankings of cities and counties. The data user is cautioned against comparing statistical data of individual reporting units from cities, metropolitan areas, states, or colleges or universities solely on the basis of their population coverage or student enrollment. Why do you think this cautionary notice is given before users are directed to the FBI’s Crime in the United States publication?

While crime statistics and rates are commonly used to demonstrate various social issues regarding a particular geographical area or demographic, they are inherently not a valid assessment or should be utilized for comparison purposes. The FBI lists a myriad of unique factors that may impact ranking. Since the UCR statistics...

Identify the federal district in which you reside and the specific district. Identify the branch of government that created these lower courts. Review the Web site for your local state circuit court and your local federal district court.

Currently, I reside in the federal district of the United States Court of Appeals for the Eleventh Judicial Circuit, in particular, the Northern District of Georgia. As mentioned on the court’s website, these lower courts were created under the decision of Congress. Detailed information about the state circuit court’s activity,...

Jane recently discovered that she is pregnant and shared the happy news with her coworkers at a local law firm. The very next week, Jane was fired from her position, despite receiving stellar annual reviews. Her supervisor said that they were downsizing because they had lost a big case. Jane believes that she was fired because she is pregnant. Jane does not want to call any attention to her firing, so she has decided not to do anything about the firing; however, Jane’s friend Chiquita, who is a paralegal, is furious with the attorney. She has decided to file the case on behalf of her friend, Jane. In what court would this case be filed—state or federal? Would Chiquita face any problems with filing the lawsuit? If so, what?

Dealing with employment discrimination, Chiquita would have to turn to the federal court to file the offense. As mentioned in “Protections against discrimination,” federal laws prohibit any discrimination in the workplace based on sex, ethnicity, marital status, and other physical characteristics. In the case study, Jane’s dismissal might be connected...

Malia and Kevin were honeymooning in Hawaii. They were on their way to a Hawaiian luau when they were rear-ended by a local resident who lived in Honolulu. Malia and Kevin were both hospitalized and required extensive surgery for back and neck injuries. Malia and Kevin wish to sue the local resident. Which court would possess jurisdiction over their cases—state or federal?

The absence of essential details does not allow to resolve the case, only allowing to assume that Malia and Kevin would turn to state court to sue the local resident for the following reasons. As explained by Banks, a car accident generally qualifies as a misdemeanor and falls under the...

Billy, a resident of Dallas, Texas, was having trouble paying his bills. Along with his best friend Edward, he decided that they would rob a bank in neighboring Wichita Falls to raise some funds. Billy and Edward ended up taking a hostage and driving to nearby Randlett, Oklahoma, where they took refuge in Edward’s grandmother’s home. Both Billy and Edward eventually were apprehended in Randlett, and the hostage was released. Which court would possess jurisdiction over this case—state or federal?

Based on the aforementioned details, Billy and Edward’s case would be heard in the federal court. As noted in the “1349. Bank robbery,” bank robbery is a felony, falling under the category of federal crimes. However, Hoffman and Stuntz clarify that many US states, including Texas, define bank robbery as...

Using the Blended Ethical Decision Making Model, examine Edward Snowden’s decision to leak the classified documents. Do you believe his decision was ethical? Why or why not?

In my opinion, Snowden’s decision to disclose classified documents from NSA should be considered ethical. His choice to reveal secret governmental information for the sake of acting in the best public interests involves a series of potential issues. As noted by Bellaby, by stealing classified documents and exposing them to...

The receptionist has been asked by the doctor to run across the street and pick up their lunch. On her way to pick up the lunch, in the office parking lot, the receptionist trips on a pothole and twists her ankle. Once the doctor hears of the receptionist’s injuries, the doctor encourages her to use her private insurance to cover the medical cost. Should the receptionist file a Workers’ Compensation claim or use her private insurance?

Based on the available information in the presented case, the receptionist should file a Workers’ Compensation claim. To support this decision, it is necessary to review the rules of this procedure. The main point to consider is that the receptionist was at work during the event. While Workers’ Compensation does...

How do Americans feel about lobbyists? Include all these points in your answers: Are lobbyists widely accepted or controversial? What amendment protects the activities of lobbyists? Can anyone be a lobbyist? Who uses lobbyists and how do they influence politicians? Include at least 2 examples of lobbying tactics. Can foreign nations hire American lobbyists to influence US foreign policy?

Lobbying is sometimes related to bribing and thus is often found in controversial contexts. The First Amendment protects lobbying as the right to petition the Government. One must hold a valid license or have a registration to practice lobbying in their state. Various groups of individuals with common goals and...

In the US Congress, why is control of both houses an advantage for the controlling political party (Democrats or Republicans)? What is that advantage? How does control of both houses affect the passage of legislation and court appointments? How does control of both houses affect checks and balances? How does control of both houses affect democracy?

Control of both houses would result in almost any legislation passed for the governing party. The advantage here is only for the party, but not for the people. The line of separation of powers would be blurred, and checking and balancing would not be as efficient as when different parties...

What is the difference between an Interview and an Interrogation? What must be considered when conducting them? What is the difference between an admission and a confession? What is the Miranda warning? When must a suspect be read his/her rights? And are there situations where statements can be introduced into court absent the Miranda Warnings being read?

Unlike interviews, interrogations are conducted only with suspects placed under arrest. To conduct them, one needs to consider a person’s constitutional rights and standard procedures for the documentation of evidence. Admissions (the acknowledgment of certain facts) are not retractable and can come from any people, whereas confessions are only made...

What is meant by Public Trust? What is transparency? How can a complaint of possible wrong-doing be filed with a police agency? What is the Garrity Rule, and why is it so relevant regarding investigating possible police misconduct? What is the difference between an administrative investigation and a criminal investigation of a police officer. What is the purpose of the Police Officer’s Bill of Rights and how does that govern and police department’s internal investigation?

Public trust is the idea according to which common people can exercise their power by expressing attitudes toward individuals or agencies that fulfill important functions. Transparency is the ability to perform operations in an open and responsible way, and it is among the requirements to be met to build trust....

What is the significance and/or the importance of the concept of “police discretion” and which rank has the most, the Chief or the officer on the road? How do personal beliefs biases and experience impact an individual’s discretion? And, how does discretion impact the concept of police integrity, and the perception of the community?

Basically, the concept of police discretion is significant since adherence to very strict standards sometimes runs counter to the actual effectiveness of policing efforts. Judging from the potential consequences of the abuse of power, lower ranks typically have more discretionary power, which means that traffic officers have more opportunities to...

Explain in detail at least five concepts/strategies for crime fighting that have been developed over the last several decades by different departments, to include but not limited to: a. Community Policing, b. Problem Oriented Policing, c. COMSTAT, d. C.P.T.E.D., e. HSP.

a. COP is an approach to policing first formulated by John Alderson, a British expert in law enforcement. It consists of measures helping to build trust-based relationships between police officers and communities, inter-level collaboration, area profiling practices, and attention to role distribution. It works in the following way: police officers/teams...

Please provide an explanation/description of the components/elements of the formation and development of the American Law Enforcement model. What country(s) influenced our system? Did Slave Patrols have an impact on the evolution of the American Policing system? What are the levels of law enforcement in American, and why so many? What outside entity, i.e. a certain court, has had the biggest influence over the American Policing system?

Concerning the American model’s development, a few components and stages can be singled out. They include the introduction of anti-anarchy measures brought by English colonists (self-policing practices, night watches, citizen volunteering, etc.) and the first attempts to standardize approaches to law enforcement (the establishment of the first police forces in...

In the Calles v. Scripto-Tokai Corp. case, how should the court rule? Why?

While a lighter is safer than a match, the fact does not change the danger that flame poses to the health and safety of people. Any device capable of starting a fire should undergo strict supervision and be manufactured with safety as the foremost concern. The evidence provided by Calles,...

A product is also “unreasonably dangerous” when its maker fails to use an alternative design that was economically feasible and less dangerous. Scripto-Tokai Corporation contended that because its product was “simple” and the danger was “obvious,” it should not be liable under this test. Do you agree or disagree? Why?

Scripto-Tokai’s defense, in this case, contended that the dangers of a lighter were open and obvious. However, the threat that a lighter represents would not be evident to a child. The argument draws on the point stated above that the parents should be responsible for the safe handling of tools....

A product is “unreasonably dangerous” when it is dangerous beyond expectations of the ordinary consumer. Whose expectations apply in the Calles v. Scripto-Tokai Corp. case? Why?

The Scripto-Tokai corporation manufactured utility lighters, which were intended for use around the household. As such, the tools could be expected to be safe for the application by adult family members and not accessible to children. As shown by the circumstances behind the cases discussed in this paper, children may...

Imagine that you are a judge preparing to sentence an offender who was just found guilty at a jury trial on two counts of bank robbery. Address the following questions: What would you need to know about the defendant to impose a sentence? What specific information would you need to know about the offense to aid in sentencing? What are the top 5 factors you would consider in fashioning a sentence? What would be 2 aggravating and mitigating factors to consider in this case?

Specific information is required to impose a sentence on a defendant. Firstly, the conditions in which the mentioned bank robberies were facilitated. Since there are two crimes, it can be argued that both were carried out with hostile purposes. Additionally, the individual may have previous cases of misdemeanor, meaning that...

In the Kansas City preventive patrol experiment, one of the research questions is the following: Would citizen degree of satisfaction with police change as a result of differing patrol levels? a. Identify one independent variable from this research question. b. Indicate how this independent variable could be measured. c. Identify one dependent variable from this research question. d. Indicate how the dependent variable could be measured. e. Express the research question in a measurable hypothesis statement.

a. An independent variable from this research question is “levels of patrol.” b. The variable “levels of patrol” can be conceptualized as the amount of police patrol in the given area. It can be operationalized by using three different values:1 = reactive police patrols (the police enter the area only...

a. Describe the potential benefits from winning a patent dispute; b. what challenges must be overcome to win; c. What factors will you consider when determining whether or not to pursue a patent dispute?

The potential benefits of winning a patent dispute may be significant. According to Schutz, the right to own particular goods or services can be proven in court, which confirms the possibility of a patent owner to use a certain product of intellectual property. Moreover, it is possible to receive monetary...

Write a brief summary of the discrimination case and how the events impacted the individuals and the work environment. Describe the key legal issues involved and explain how Title VII legislation applied. Discuss at least one strategy you would employ in an effort to mitigate this type of discrimination from occurring in your unit, department, or organization.

The suggested scenario occurred in 2016 at a local organization where I was volunteering. One of the employees (Sarah) complained of less pay compared to other colleagues holding a similar position (Mark and Susan). Two issues came out strongly in the case. The first was that Sarah was paid less...

Fraud is a criminal offense. Since the accounting rules allowed Lehman to hide its toxic assets, the company did not commit fraud. Do you agree? Explain your reasoning.

If it can be proven that cosmetic accounting was used with the purpose of deceit, then it should be legally considered fraud. The company’s assets can be tracked through the transactions and transition into cash. Thus, it is technically manipulation of accounting records that is a fraudulent, criminal offense.

An employee feels that he/she has been discriminated against on the basis of sexual orientation. What, if any, law is available to protect the employee against such discriminatory animus? Can Title VII be utilized for protection? Should Title VII be amended to specifically include protection against discrimination based on sexual orientation? Should employers provide protection against sexual orientation discrimination regardless of whether or not statutory protection exists?

Discrimination on the basis of sexual orientation does not enjoy protection as a protected characteristic. As a result, gays and lesbians experience discrimination in the workplace. Although the Title VII of the Civil Rights Acts of 1964 mentions “sex” as a category entitled for protection, courts are unanimous in holding...

The Americans with Disability Act (ADA) creates a protected class called “qualified individuals with disabilities.” Discuss what this phrase means and how one qualifies for protection.

Americans with Disability Act (ADA) gives protection to individuals with a disability from discrimination because of their disability. They are described as “qualified individuals with disabilities.” Hence, it is important to understand what “qualified” and “disability “refer to. There are people with disabilities, but they are capable of working, especially...

In what ways do the standards used to attribute liability for harassment to employers differ depending on whether the harassers are managers, coworkers, or third parties? Regardless of whether the harasser is a manager or an employer, what are some things that the company should be mindful of when investigating complaints of harassment and when disciplining offenders?

Employer’s liability for harassment in the hands of top officials is vicarious for both tangible employment action and hostile environment. The same is the case for harassment by managers and supervisors, and in addition, they are answerable towards “tangible employment action” and are required to put up an affirmative defense...

An employee is upset because a co-worker has been spreading rumors about her. She is threatening to file a lawsuit. If she does, what type of allegation would she be making, and what are the elements of the claim that she will need to prove in order to be successful in her lawsuit?

The female employee may file a lawsuit for harassment, but as the plaintiff, she must show that she was harassed based on a protected class characteristic and that the unwelcome harassment resulted in altered working conditions and created a hostile environment warranting a liability for the employer. The employee can...

A woman from New Jersey is interviewed for a job in marketing. The Job is based in Georgia. She has an MBA. The interviewing manager asks her questions such as “Do you have any children?”, “Does your husband help with the child-rearing?”, “Do you plan on having more children in the future?” and “Would your family support you moving to Georgia if we need you to?” The woman is not hired for the position (a male from Georgia with a bachelor’s degree in public relations is hired). Does the woman have a legitimate argument for sex discrimination? If yes, what does she have to show in order to make a prima facie case of discrimination? What affirmative defense(s), if any, can the employer assert?

Women are asked during the employment interview certain questions even before being hired. Certain questions are to be better avoided by the employers, such as the ones mentioned in the question, although they can ask the questions in an indirect manner without being blunt. EEOC’s guidelines on “job-interview-questions” permit an...

What should the court decide in the Goodman v. L.A. Weight Loss Centers case? Why?

This case concerns a morbidly obese man (plaintiff) weighing 350 pounds who was denied the job of a sales counselor for a weight loss center and was asked to reapply after shedding seventy pounds though he was otherwise qualified. Employers are prohibited from discriminating against particular aspects, such as political...

The response of Texas to the regulations of Federal Regulatory Agencies

Several requirements are placed by the Federal Regulatory Agencies. In particular, the management of hazardous waste is regulated in the RCRA. This legal act implies that the Environmental Protection Agency has the authority to regulate the management of hazardous waste at various stages of the production process, such as the...

Private action against polluters as a deterrent to the degradation of the environment

Private action against polluters is often regarded as one of the possible deterrents to the degradation of the environment. This belief is based on the assumption that these lawsuits will prompt companies to improve their environmental performance. In turn, it is possible to argue that private action cannot be regarded...

Edwards v. South Carolina is significant because it limited states’ ability to A) Protect protestors. B) Restrict the freedom of speech. C) Convict criminals. D) Restrict the freedom of the press.

B is the correct answer. Edwards v. South Carolina is significant because it limited states’ ability to restrict the freedom of speech. Explanation: The case was directly related to a breach of the United States’ first amendment that guarantees freedom of speech. In 1963, the protest of black students for...

What was the status of US workplace safety laws in 1900? a) A few states had tried to pass safety laws, but they had no public support. b) Most states had passed some safety laws, but enforcement varied. c) Most states opposed safety laws, but workers began to demand them. d) All states had safety laws, but no one bothered to enforce them.

B. Most states had passed some safety laws, but enforcement varied. Explanation: In 1900, the workplace safety laws and occupational health measures were not enforced, which led to very a poor working environment. Many workers received minimum wage but were exposed to very high health and safety risks. No training...