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3 years ago

Bill of rights scenarios

Law

1 answer:

TEA [102]3 years ago

8 0

Answer:

S C E N A R I O 1

Gennie, an eighteen year old college

student, is arrested for stealing a

classmate’s designer sweater and

selling it on eBay. When Gennie

appears before the judge, she asks

for a lawyer to help defend her. e

judge tells Gennie that if she is smart

enough to be in college, she knows

enough to defend herself. Besides, she

is not charged with a felony, so the

stakes are not very high.

S C E N A R I O 2

Susette bought a house and spent

years restoring it. She loves her home.

One day, she gets a notice that the

local government is going to take her

property in order to turn her land

over to a private company. e local

government says it can take Susette’s

home because the new jobs and tax

revenue created by the company will

benet the public.

S C E N A R I O 3

Carolyn is arrested for shopliing a

candy bar from a grocery store. At

trial, she is found guilty. e judge

decides that the right punishment is

to cut o Carolyn’s hands so she will

not be able to shopli again.

S C E N A R I O 4

Congress wants to nd ways to cut

costs because of the soaring budget

decit. Congress passes a law to

require American citizens to house

US soldiers in their homes during

peacetime.

S C E N A R I O 5

Brett’s science teacher asks the class to

exchange papers to correct last night’s

homework. Brett refuses to let anyone

except the teacher see his homework

paper, and is sent to the principal.

S C E N A R I O 6

Concerned about rising crime,

lawmakers for the District of

Columbia ban all handguns in the

city, and require that shot-guns be

kept unloaded and/or disassembled.

S C E N A R I O 7

John, a fourteen year old public

school student, wears a shirt to school

that says “Be happy, not gay” to

express his belief that homosexuality

is wrong. His dean tells him he must

change his shirt or be suspended

from school. John refuses, and is

suspended for a week.

S C E N A R I O 8

irteen year old Marianne is a

freshman in high school. She is an

honor student and wants to sing in

the choir. When she arrives at choir

practice, the teacher tells her she

must take a drug test if she wants to

participate in any extra-curricular

activities. Marianne refuses and is

kicked out of choir.

S C E N A R I O 9

A man suspected of a violent crime

is brought in to the police station.

e alleged victim picks him out of a

lineup as the man who attacked her.

Police inform him that he has the

right to refuse to answer questions,

but they do not oer to let him speak

to a lawyer. Aer being questioned

for two hours, the man admits the

crime.

S C E N A R I O 1 0

Elizabeth is twelve years old. Her

parents are very religious, but she

is not. Once a week, Elizabeth’s

parents make her come with them

to their place of worship. Elizabeth

always says she does not want to go,

but her parents make her come with

them anyway.

S C E N A R I O 1 1

Members of Congress are unhappy

with students’ standardized test

scores. ey pass a federal law that

abolishes local school boards and

requires a national, standardized

curriculum.

S C E N A R I O 1 2

A public school principal smells smoke

in the hallway, and believes it is coming

from the girls’ bathroom. She walks

into the bathroom and nds Susan

standing by the sink. She suspects

Susan has been smoking, and demands

to search her purse for cigarettes or

other evidence of smoking.

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2 years ago

Which of the following cases established testimony by expert witness?

Ksivusya [100]

Answer:

Explanation:

Judge is the gatekeeper

The judge is to decide whether the expert is qualified to deliver reliable testimony and whether the expert's report is sufficiently reliable to be helpful to the Trier of Fact.

Rule 702 Testimony by Experts

1) the testimony is based upon sufficient facts or data

2) the testimony is the product of reliable principles and methods.

The Supreme Court identified four tests that can be used by the gatekeeper-judge to determine whether to admit the expert testimony. It is typically understood that it is not necessary for the expert testimony to pass all four tests.

1) Tested - Whether the theory or technique used by the expert can be, and has been, tested

2) Peer Review - Whether the theory or technique has been subjected to peer review and publication

3) Error Rate - The known or potential rate of error of the method used is known or predictable

4) General Acceptance - The degree of the method's or conclusion's acceptance within the relevant scientific community

Review of five court cases

1) Frye v. United States - 1923 - established the "general acceptance" principle

2) Federal Rules of Evidence - Rule 702 - 1975 - established the rule for "scientific, technical, or other specialized knowledge" expert witness testimony

3) Daubert v. Merrell Dow Pharmaceuticals - 1993 - established the four-part Daubert test for evaluating expert testimony

4) GE v. Joiner - 1997 - confirmed the trial judge's gatekeeper role

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A good example of the application of the Daubert Test.

This is a rare case where the appellate court overruled the trial judge's gatekeeper role.

Gatekeeper is not intended to serve as a replacement for the adversary system: Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.

Rule 1 - Scope and Purpose

To secure the just, speedy, and inexpensive determination of every action and proceeding. In other words, the purpose is to make the process more efficient.

The report must contain:

(i) a complete statement of all opinions the witness will express and the basis and reasons for them;

(ii) the data or other information considered by the witness in forming them;

(iii) any exhibits that will be used to summarize or support them;

(iv) the witness's qualifications, including a list of all publications authored in the previous 10 years;

(v) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and

(vi) a statement of the compensation to be paid for the study and testimony in the case.

That written report must contain, at a minimum, six items:

1) All opinions the witness will express and their foundation and reasoning;

2) Data and information considered by the witness;

3) Any exhibits that will be used while giving the testimony in court;

4) Witness qualifications, including all publications authored in the previous 10 years;

5) List of all other cases in the last four years where testimony was given as an expert at trial or deposition;

6) Description of the compensation for the study and testimony.

An appraisal report may need to be quite detailed. This may be at odds with the request of retaining counsel, who may want a less detailed report.

Report should include any exhibits which the witness anticipates using as "demonstrative evidence" during testimony.

report should include a statement of publications and testimony for the prescribed periods.

Some items of interest in this Rule are:

1 - If an objection is raised by one of the attorneys, the deponent will still be required to provide an answer, but that answer will be subject to approval by the court after hearing the objection.

2 - The deponent may refuse to answer a question only when it is necessary to preserve a privilege, enforce a limitation directly by the court, or present a motion under Rule 30(d)(4).

3 - The maximum time limit for a deposition is one day of seven hours.

4 - The deponent has the right to review and correct the transcript. He or she will have 30 days after receiving the transcript to review and submit corrections. However, this right must be affirmed and requested during the deposition. It is recommended that the appraiser expert always request this right to review and correct, as it will provide the appraiser with a copy of the transcript of the "oral report" for his or her workfile.

Rule 33 - Interrogatories to Parties

The time limit to respond is 30 days from the date of service of the interrogatories.

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There seems to be to much standerized testing in public schools fact opion explain

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this is an opinion because some people may think there's not too much standardized testing in schools. then some people might think there is too much. it all depends on who you ask and what their opinion is.

-ari.

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