Category: Law

The Impact of Social Media Evidence on Sentencing in Legal Proceedings

Posted on | by Kelvin

 

Juries and Judges as Decision-Makers
Should “evidence” on sites like Facebook affect sentencing? Joshua Lipton was charged in a drunken driving crash that seriously injured a woman. Two weeks later, Lipton attended a Halloween party dressed in an orange jumpsuit labeled “jail bird.” Someone posted pictures of him from this party on Facebook and they were used at his trial to portray him as unrepentant. The judge agreed, and Lipton was sentenced to two years in prison. See the following as a possible source:https://www.foxnews.com/story/facebook-evidence-sends-unrepentant-partier-to-prison

Jurors Discuss Danziger Bridge Verdict


https://www.upworthy.com/ever-hear-about-the-lady-that-spilled-coffee-on-herself-at-mcdonalds-then-sued-for-millions?c=upw1

The Importance of Understanding Juror Perspectives in Voir Dire and Trial Presentation

Posted on | by Kelvin

 

Jury Selection and Trial Procedure
The website http://jurygeek.blogspot.com has jurors blogging about “what really happens on juries.”
Look at these sites(see attached) and think about whether knowing what these bloggers are thinking would have been helpful in voir dire and/or during trial presentation.
During the National Jury Summit in 2001, most attendees surveyed (many of whom were judges) indicated that they had reported for jury duty, a few even serving through to a verdict.
Here are some more “excuses” people gave to explain why they couldn’t serve as jurors (these responses were taken from the above mentioned website): “We had one juror who said that they just could not serve because they could not go that long without a cigarette! A doctor submitted a note on his behalf. We had a caretaker of a cemetery who called and said he couldn’t serve because people just keep dying and he couldn’t get away.”
Look for similarities and differences across different juror questionaire (https://jurylaw.typepad.com/deliberations/sample_juror_questionnair.html)
During the voir dire process in capital trials, prospective jurors are asked about their views regarding the death penalty. Those who would automatically vote for the death penalty or those who could not vote for the death penalty are excused. Is this an acceptable procedure?

Transience and Resilience: A Comparative Analysis of Robert Frost’s “Nothing Gold Can Stay” and Emily Dickinson’s “Hope is the thing with feathers”

Posted on | by Kelvin

 

Legal Research: Traditional and Computer Aided (See Introduction to Paralegalism, Chapters 11 and 13.) Use Westlaw computer-aided legal research to find and cite the following applicable authorities for the Brown v. Hammond case: (1) three mandatory authorities discussed and (2) three persuasive authorities relevant to the case. Using the Westlaw Key Cite feature, key cite the case (citation 810 F.Supp. 644). Are there any negative citing sources? If so, provide the case citations, and briefly discuss the basis for the negative citations. If you have access to traditional legal research sources via a law library or court library, you may use those, as well

 

Navigating U.S. Immigration Laws as an International Entrepreneur: Challenges and Opportunities

Posted on | by Kelvin

How do U.S. immigration laws, specifically the International Entrepreneur Rule, impact international entrepreneurs and startup founders looking to establish businesses in the U.S.? What visa options are available, and what are the key challenges they might face?

The Application of the “Fighting Words” Doctrine in Free Speech Cases

Posted on | by Kelvin

Freedom of SpeechSnyder v. Phelps, 462 US 443 (2011) involved members of the Westboro Baptist Church picketing at the funeral of Marine Lance Corporal Matthew Snyder. Please read the decision by clicking on the case name. Review the facts of the case, the issue, the Court’s decision and consider whether or not you agree with the court’s legal reasoning. During the oral arguments, Justice Scalia questioned the applicability of the “fighting words” doctrine enunciated in Chaplinsky v. New Hampshire, 315 U. S. 568 (1942). Despite Scalia’s discussion, the doctrine was dismissed in a footnote in the majority opinion and barely mentioned in the concurring opinion. Please watch the video (https://www.youtube.com/watch?v=TGeI9O0KsP4), then address the following:Find another case that utilized the “fighting words” doctrine and respond to the following:Please define and explain the doctrine. Could (or should) it have been applied in the additional case that you reviewed? Is there another analysis that the Court could have made which would result in a different outcome? Do you agree with the outcome of this case? What is the difference and/or similarity between the free speech case that you found and the Snyder v. Phelps case?