Topic : Legal Briefs: Will of John DoeTopic 2: Will of John Doe: Legal BriefsWILL OF JEROME J. GARCIA (Will of Jerome Garcia) (TITLE)I, JOSEPH P. DIMAGGIO, of the City of Hollywood, County of Broward and State of Florida, being of sound and disposing mind and memory do hereby make, publish and declare this to be my Last Will and Testament.(Will of Joe DiMaggio) (Preamble)FIRST: I revoke all wills and codicils that I have previously made. (Will of David Packard) (REVOCATORY CLAUSE)SECOND: I direct my Executor, hereinafter named, to pay all of my just debts, funeral expenses and testamentary charges as soon after my death as can conveniently be done. (Will of Marilyn Monroe) (DEBTS CLAUSE).THIRD: I give and bequeath to BERNICE MIRACLE, should she survive me, the sum of $10,000.00. I give and bequeath to MAY REIS, should she survive me, the sum of $10,000.00. I give and bequeath…...

Legal Brief
McCurdy v. Arkansas State Police, 375 F. 3 762 (8th Cir. 2004)

Type of Action

The case covered in this legal brief was the case of an employee of the Arkansas State Police, that being McCurdy, filing an action against the State of Arkansas in the form of the Arkansas State Police, that being her employer. Ms. McCurdy was trying to hold the Arkansas State Police liable for the sexual harassment of her supervisor. The case in this legal brief was argued before the United States Eight Circuit Court of Appeals (Leagle, 2014).

Facts of the Case

Jamie McCurdy, while being an employee of the Arkansas State Police, was subjected to about an hour of sexual harassment. The harassment in question was explicitly banned and disallowed as a matter of policy with the Arkansas State Police. On the Friday in which the harassment occurred, Sergeant Hall (McCurdy's supervisor) asked her where her uniform…...

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References

IntroLaw. (2014, May 30). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Retrieved May 30, 2014, from  http://www.introlaw.com/ed/cs/8th/04/080704mc.html 

LawMemo. (2014, May 30). Employment Law Memo sample. Employment Law Memo sample. Retrieved May 30, 2014, from http://www.lawmemo.com/sample/e20040726.htm

Leagle. (2014, May 30). McCURDY v. ARKANSAS STATE POLICE | Leagle.com. McCURDY v. ARKANSAS STATE POLICE | Leagle.com. Retrieved May 30, 2014, from  http://www.leagle.com/decision/20031257275FSupp2d982_11161

hotel sent the security guard on duty to check on Gonzalez in his hotel room. The defendant rebuffed to open the door. The security guard heard the sound of breaking glasses and the high television volume. This prompted the hotel to summon Laredo Police Department to assist in carrying out investigations. The hotel staff did not appeal the police to take Gonzalez into custody. In the other case, Michael Evans arrived at the club with his companions; he unknowingly groped Ms. Niland who later instructed the security officer to arrest him.
Nonetheless, in the second case, Michael Evans had number of associates including, Chad Sorrell, Bernard Lynch, and Dan Lechner. They witnessed the event at the club as opposed to the first case where Gonzalez was alone studying in his hotel room in preparation for the forth-coming Texas Import/Export examination.

In the first case, due to lack of sufficient evidence supporting…...

There are three types of stimuli used, which are:
1) Targets;

2) Irrelevant; and 3) Probes.

These are used "in the form of words, pictures, or sounds..." which a computer presents for a second or even a partial second. Incoming stimulus, if it is worth noting, results in a P-300, which is an electrical brain response. The P-300 is part of a MERMER or a memory and encoding related multifaceted electroencephalographic response, which is a larger brain response.

Originally event related potentials (ERP) was the method used for studying brain activity information processing. The limitation of the ERP is that it causes elimination of all patterns that are complex and results in the meaningful signals also being lost. The multifaceted electroencephalographic response analysis or MERA was developed due to the limitation of the ERP. Farwell found that incorporation of this technique resulted in the elicitation of MERMER when the individual being tested recognized…...

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Bibliography

Taylor, Erich (2007) a New Wave of Police Interrogation? Brain Fingerprinting, the Constitutional Privilege against Self-Incrimination and Hearsay Jurisprudence

WWW.jltp.uiuc.edu/works/Taylor.htm

Pope, Harrison (nd) the Emperor's Tailoring. FMS Foundation Newsletter. Online available at http://www.fmsfonline.org/fmsf96.d31.html

Stetler, Russell and Wayland, Kathleen (2004) Capital Cases - Dimension of Mitigation. June 2004. Online available at http://209.85.165.104/search?q=cache:8FdkQI0WFDsJ:www.fd.org/pdf_lib/Capital%2520CasesDimensions%2520of%2520Mitigation%2520Stetler.pdf+MRI:+forensics,+determination+of+guilt+or+innocence&hl=en&ct=clnk&cd=50&gl=us.

Mapp v. Ohio
Facts: suspicious that the petitioner (Dollree Mapp) was hiding a bombing suspect and some paraphernalia that that may have been used to carry out a bombing in the state, Cleveland police went to her residence demanding to be allowed to conduct a search in regard to the same. The petitioner, after consulting with her attorney, refused to let them in because they did not have a warrant to that effect. The officers left, but returned several hours later holding up a sheet of paper that they claimed was a search warrant. They forcibly made their way into the house, conducted a thorough search, and seized a trunk containing obscene materials in the basement. They then charged the defendant for the possession of obscene materials in violation of state law. The defendant filed an appeal on grounds that the search conducted by police in her boardinghouse violated the provisions…...

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Works Cited

Case Briefs. "Mapp v. Ohio." Case Briefs, 2014. Web. 17 November 2014  http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-saltzburg/searches-and-seizures-of-persons-and-things/mapp-v-ohio-3/2/ 

Ranney, James. "The Exclusionary Rule -- the Illusion vs. The Reality." Montana Law Review 46.2 (1985): 289-305.

This is further based on the following assumptions:
1. The company will charge $150 per hour for each client.

2. The company expects to spend at least 80 hours a year with each client.

3. The company expect to see at least 30 clients per year, which will generate a revenue of $150 x 30 x 80 = $360,000. For the purpose of this computation, this will be regarded as the selling price.

4. The company expects its yearly fixed costs to be $526,000. This fixed cost consists of the cost of staff remuneration, utility bills and advertising.

5. The company expects its variable costs to be about $344,000 a year, comprising of the cost of equipment servicing and maintenance, legal costs, and so on.

Given the above assumption, the company's yearly break-even point can be computed as follows:

The implication of the above computation is that LNS must service at least 33 clients per year…...

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References

Graham J.R., Smart S.B., & Megginson W.L. (2010): Corporate Finance -- Linking

Theory to What Companies Do. Mason, OH: South-Western Cengage Learning.

Hubbard R.G., O'Brien a.P. (2009): Macroeconomics. Upper Saddle River, NJ: Prentice-

Hall

legal Briefs
Hill v. Ohio County

468 S.W. 2D 306 (Ky.1971)

Facts lady by the name of Juanita Monroe went to Ohio County Hospital seeking medical assistance. She was pregnant, and the charge nurse she approached assumed she was seeking obstetrical care. The lady also stated that she was afraid she wouldn't be able to make it back to Illinois, where her doctor was, before the baby would be born. The nurse consulted the "on call" doctor and found he was in surgery. The nurse inquired as to whether she should admit this woman. He informed the nurse he did not handle OB cases.

The nurse consulted with the hospital administrator who advised her that another physician was making rounds at that time. The nurse talked to this doctor who said he did not handle "walk-in OBs." The doctors who were permitted to admit patients to this hospital were all private practice physicians…...

Oracle's Stellent application has yet to create more streamlined service creation and management workflows, due mainly to the acquisition taking longer than expected. The integration of the Stellent platform into the broader Oracle 11i platform is also proving to limit 3rd party database support, making the Oracle Stellent ECM suite appear to be moving in a more proprietary direction as a product. As the acquisition was completed in late 2006 and Oracle has made their Service Oriented Architecture (SOA) Fusion their top development priority, the full integration of Oracle Stellent has not progressed as rapidly as planned. As a result, the last factor of customer referenceability, Vignette has a significant advantage as well.
Summary

Evaluating ECM systems for use in a law office or practice requires the consideration of several factors that have been explained in this paper. Cost is a secondary consideration relative to the benefits derived from automating key…...

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References

Phillip J. Britt. "Econtent and the Law Practice." EContent 1 Sep. 2005: 22-26. ABI/INFORM Global. ProQuest 3 Aug. 2008

John Harney. "Making a Case for Content Management. " AIIM E - Doc Magazine 1 Jul 2008: 54-57. ABI/INFORM Global. ProQuest 1 Aug. 2008

Jason Krause. "Organized intelligence." ABA Journal 89.(2003): 65. ABI/INFORM Global. ProQuest. 2 Aug. 2008

Judith Lamont. "Starting with the basics: KM for lawyers." KM World 1 Sep. 2002: 12-13. ABI/INFORM Global. ProQuest. 1 Aug. 2008

Summer Law Program
The author of this response has been given the opportunity to give some feelings and a response to why it is the author's desire and intent to attend the summer law program. Those reasons are numerous and will be discussed one by one. The program would be a major and exciting challenge for the author of this request and response and the author will now detail why that is believed to be the case.

First of all, the author of this response understands that the summer law program will be rigorous and difficult in nature. It is understood by the author of this response that he rigors to be endured and experienced will very much mirror and reflect those that will be experienced when the remainder of law school is under way. The author understands that the summer law program is meant to resemble and manifest the rigors of…...

strengthen mental discipline.
letter of Gratitude

(a) Lincoln's "higher purpose"

[b] What idea or insight in the full article would you recommend to others?

[a] what seems to be driving Stephen Glass? what are his life goals and aspirations?

[b] how do you think Glass would assess his own intelligence?

[c] Identify and discuss at least two strategies for deception Glass used.

[d] Did Glass leave what Greenspan called "a trail of casualties" in his wake?

[e] What advice would you give to editors about how to avoid hiring someone like Stephen Glass?

[a] Why should judges care if attorneys submit plagiarized legal briefs or motions?

[b] Do you think these punishments (taken as a whole) were too lenient, too severe, or about right?

[c] What distinction did the court make between these two cases?

[d] Do you think this kind of public shaming is too harsh?

PART 7

PART 8

[a] Identify a selection from each speech that you regard as the recipient's…...

Immigration
Ethics and Social esponsibility:

Immigration and Amnesty in the United States

The question of immigration, especially in this country, is ever-present. From our past, and well into our future, the United States will be a nation of immigrants. However, as political candidates raise a number of questions relating to immigrants south of the border, one must wonder about how immigration has grown into such a hotly debated issue, and how it is separating this country. Though it is true that the United States needs immigration reform, one must also look at the traditions of the country, and how they can protect the less fortunate, especially in the area of immigration. The reason this must happen is because most come here with notions of a better place, where they can live safely and freely, and prosper as individuals. This nation ought to offer that to all individuals, for that is the basis on…...

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References

Amnesty International. "USA must fight anti-immigration sentiments in nine states" (2010). Amnesty International. <  http://www.amnestyusa.org/news/press-releases/usa-must-fight-anti-immigrant-sentiment-in-nine-states >.

Baier, K. (1990). "Egoism" in A companion to ethics, Ed., Peter Singer. Blackwell: Oxford.

Cox, A., & Posner, A. (2007). The second-order structure of immigration law. 809,

822-23.

Taylor V. ake Forest
GREGG F. TAYLOR and GEORGE J. TAYLOR v. AKE FOREST UNIVERISITY

Key Facts

Owing to his great football playing ability, Gregg F. Taylor drew the interest of a number of college and university football coaches from the start. After making an application for a football grant-in-aid or scholarship together with his father (George. J Taylor) - which was accepted by ake Forest University (D), Gregg Taylor consequently signed an agreement, in which he was to take part in the football program for ake forest University. In compliance with the contract, Gregg Taylor participated in the program in the first semester of his freshman year.

He attained an average grade point of 1 that semester which was essentially way below ake Forest's freshman year grade average requirement of 1.35. Seeing that football was interfering with his academic progress, Gregg decided not to take part in the regular training sessions until his…...

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Works Cited

Aspen Publishers. Case Notes: Legal Briefs. New York: Author. 2004. Print.

Thornton, Patrick K. Sports Law. New York: Malloy Inc. 2010. Print.

Legal Concept of elevant Evidence
Brady v. Maryland, 373 U.S. 83 (1963)

Facts: Defendants Brady and Boblit were convicted of murder by the state of Maryland, with Brady admitting participation in the crime but stating that Boblit committed the actual act of killing the victim. Boblit confirmed this fact in a written statement recording his personal confession, but during the criminal proceedings prosecutors elected to withhold Boblit's confession from the court, as well as from Brady and his attorney. Upon being convicted of the murder, Brady challenged the decision on the basis of potential violations of the Fourteenth Amendment, which guarantees those accused of criminal conduct the right to due process. The Maryland Court of Appeals affirmed Brady's conviction, but remanded the case for retrial to reassess the question of punishment.

Issues: The prosecution's choice to withhold Boblit's written confession irrevocably altered the sentencing process for Brady, as the court was never made…...

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References

Brady v. Maryland, 373 U.S. 83 (1963)

Parties:
United States of America (plaintiff) v. amzi Ahmed Yousef, Eyad Ismoil and Abdul Hakim Murad (defendants)

Facts:

amzi Yousef, Eyad Ismoil also known as Eyad Ismail, and Abdul Hakim Murad also known as Saeed Ahmed were charged by the United States in a federal district court for conspiring to bomb twelve American commercial airlines in Southeast Asia. Following his entry in Manila, Philippines in 1994, Yousef developed a plan for the attack which incorporated five people placing bombs aboard the aircraft and exiting them at their first layoff. Together with other people, Yousef tested the plan on two incidents by placing smaller bombs in other aircrafts. This plan was discovered when the three accidentally started a fire when burning chemicals in the Manila apartment. The area police arrived at the scene and found plans to carry out the attacks on Yousef's computer as well as components for developing a bomb. Yousef, Ismoil,…...

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References:

"Ashcroft v. Kidd CB3." (2013, March 4). Westlaw -- Saint Leo University. Thomson Reuters.

"Dinler v. City of New York CB4." (2013, March 5). Westlaw -- Saint Leo University. Thomson Reuters.

"PMOI v. U.S. Department of State CB2." (2012). Westlaw -- Saint Leo University. Thomson Reuters.

"United States v. Yousef CB1." (2012). Westlaw -- Saint Leo University. Thomson Reuters.

In addition to the monthly rent, the lessees paid the trust all real property taxes that were assessed on the property. The trustee took a fee from the percentage of rental income received and from a percentage of the real estate tax that was collected, and the beneficiaries objected to the trustee imposing a fee on the tax money received by the trust.
Issue: Did the court err when it denied the trustee's motion for partial summary judgment in regards to an action that challenged in part the trustee's assessment of a fee on portions of trust income that was designated for payment of property taxes?

aw: Even though Haw. Rev. Stat. § 607-18 (1993) allowed for the fee on the tax money, the beneficiaries argued that there was a reasonable restriction on the fee imposed by reason of Haw. Rev. Stat. § 560:7-205 (1993). Bremer v. Weeks, 104 Hawai'i 43;…...

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Law: Even though Haw. Rev. Stat. § 607-18 (1993) allowed for the fee on the tax money, the beneficiaries argued that there was a reasonable restriction on the fee imposed by reason of Haw. Rev. Stat. § 560:7-205 (1993). Bremer v. Weeks, 104 Hawai'i 43; 51, 85 P.3d 150, 158 (2004); in re the Estate of Bishop, 53 Haw. At 605-06, 499 P.2d at 672; in re Wharton's Trust Estate, 28 Haw. At 509; Matthewson v. Aloha Airlines, Inc., 82 Hawai'i 57, 71, 919 P.2d 969, 983 (1996); Mahiai v. Suwa, 69 Haw. 349, 356-57, 742 P.2d 359, 366 (1987); Franks v. City and County of Honolulu, 74 Haw. 328, 335, 843 P.2d 668, 671-72 (1993).

Reasoning: Based on the plain language of and the legislative history underlying HRS § 560:7-205, courts may review the reasonableness of a trustee's determination as to what constitutes income. In this case the trustee's determination of trust income was reasonable because income included real property taxes.

Holding: Vacated and remanded.