Category: Law

The requirements for a search warrant and the exceptions to needing a warrant.

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This discussion asks you to examine the requirements for a search warrant and the exceptions to needing a warrant. The Fourth Amendment protects individuals against unreasonable searches of their property and persons. It also prevents law enforcement from making unlawful arrests/seizures. It requires that all searches be reasonable.

Please thoroughly discuss when a search warrant is needed by law enforcement and the requirements that must be demonstrated to a judge or magistrate to have the warrant issued. Include the various exceptions to the search warrant requirement.

Affirmative defences

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Affirmative defences fall under the categories of justification and excuse. Answer these questions:

1) Discuss the legal and practical differences between a justification and an excuse.

2) What is needed for an insanity plea to be approved by the courts? Give an example of a case that was approved for the insanity plea and the requisites behind that decision.

3) After Bill was arrested for robbery, his mental condition went from functioning to nonfunctioning. He no longer can help his lawyer defend him because he is no longer competent. What defense, if any, does Bill have to the charge of robbery? Will he be successful?

4) How did conducting research and going through each step of legal analysis help you to reach this conclusion? Analyze how you applied critical thinking and legal analytical skills to assist you in this regard. What new research and/or analytical tool or method did you try for the first time this week? What do you think you do well and what would you like to strengthen so that you continue to improve?

5) Collaborate with each other as the week goes on to make all aspects of this Discussion as robust as possible.

Legal And Ethical Issues In IT

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The right to freedom of speech is a cornerstone of the bill of rights and the American system of government, but this freedom is not without limits. Discuss five ways this is important to Information Technology. Create a Canva brochure that you could use with new IT employees in the work setting so that YOU and the employee understand the importance of Freedom of Speech and the IT professional.

Representing a client in a divorce case.

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Assume you are working as a licensed clinical social worker. You receive a phone call from an attorney stating they are representing a client in a divorce case. The attorney’s client is married to one of your clients. The attorney requests a copy of your client’s file. The attorney mentions they have, or can get, a subpoena for the file. The attorney wants you to fax over a copy right away.

For this discussion, answer the following:

What actions would you take?
What specific aspects of HIPAA apply?
How would you respond if you are presented with a subpoena for a client’s file?
How does the principle of minimum necessary inform your response?

 

Undercover police work necessarily

Posted on | by Brian Leakey

Undercover police work necessarily requires that officers of the law participate in activities that would, under most circumstances, be deemed illegal. For example, police have been noted to transport drugs into prisons, launder drug money, fence stolen goods, and print counterfeit money. These and many other examples involve law enforcement officers’ willingly and knowingly engaging in behaviors that are legally prohibited for the sake of gathering evidence against other criminals. Except in cases in which officer behavior goes well beyond what is necessary for their role, they are immune from prosecution. Relying on one or more of the normative theories outlined in the text above, what moral issues are presented by undercover police work? Do the ends justify the means? Where might be draw the line between moral and immoral.

Undercover police work necessarily

Posted on | by Brian Leakey

Undercover police work necessarily requires that officers of the law participate in activities that would, under most circumstances, be deemed illegal. For example, police have been noted to transport drugs into prisons, launder drug money, fence stolen goods, and print counterfeit money. These and many other examples involve law enforcement officers’ willingly and knowingly engaging in behaviors that are legally prohibited for the sake of gathering evidence against other criminals. Except in cases in which officer behavior goes well beyond what is necessary for their role, they are immune from prosecution. Relying on one or more of the normative theories outlined in the text above, what moral issues are presented by undercover police work? Do the ends justify the means? Where might be draw the line between moral and immoral.

Sobriety checkpoints on major roadways and highways

Posted on | by Brian Leakey

Law enforcement agencies often set up sobriety checkpoints on major roadways and highways – especially on weekends, holidays, and other times when people are more likely to be drinking. In theory, checkpoints can get unsafe drivers off the road, as well as deter would-be drunk drivers from getting on the roads. At the same time, some argue that checkpoints are not only inconveniences, but serious infringements on privacy rights. Who is affected by these checkpoints? For all affected, what good comes from checkpoints? What harms? Are there long-term consequences? Are there indirect or unintended consequences? Do the overall good effects outweigh the overall harm caused?

Sobriety checkpoints on major roadways and highways

Posted on | by Brian Leakey

Law enforcement agencies often set up sobriety checkpoints on major roadways and highways – especially on weekends, holidays, and other times when people are more likely to be drinking. In theory, checkpoints can get unsafe drivers off the road, as well as deter would-be drunk drivers from getting on the roads. At the same time, some argue that checkpoints are not only inconveniences, but serious infringements on privacy rights. Who is affected by these checkpoints? For all affected, what good comes from checkpoints? What harms? Are there long-term consequences? Are there indirect or unintended consequences? Do the overall good effects outweigh the overall harm caused?

Court should grant or deny Swarovski’s motion

Posted on | by Brian Leakey

Need to determine if the court should grant or deny Swarovski’s motion by examining all facts as presented.
United Hospitals is a company based in Wichita, Kansas, that owns and operates hospitals in Colorado, Kansas, Missouri, Nebraska, and Oklahoma.
Swarovski Corporation is based in Wilmington, Delaware, and manufactures and sells helicopters in Houston, Texas. United purchased a helicopter from
Swarovski for use as an ambulance and transported it by railroad from Houston to its hospital in Tulsa, Oklahoma.
On a flight to the scene of a 15-vehicle accident on Interstate Highway 44 in Tulsa, United’s helicopter crashed and killed two Oklahoma residents: the pilot
and a flight nurse. A subsequent investigation revealed that the helicopter’s engine was defective, causing the crash. The pilot’s widow and the flight nurse’s
widower filed a products liability and negligence lawsuit in Tulsa County, Oklahoma, against Swarovski. Swarovski moved to dismiss the case because the
Court lacked jurisdiction over Swarovski.
Should the Court grant or deny Swarovski’s motion to dismiss the case? Explain your answer fully, addressing the Subject Matter and Personal Jurisdiction issues.