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Questions and Answers of Law for Business

Kathy and Mark set off in late fall on a romantic camping trip on the Appalachian Trail. Mark, however, was not very skilled at camping and forgot to pack any type of tent or sleeping bag. As night
Every week, Michael played in a game of intramural football with his college friends as his team’s quarterback. One afternoon while playing in the intramural championship game, a particularly
• With justification defenses, the defendant accepts responsibility for the act he or she is charged with, but argues that the act was permissible under the circumstances.• With excuse defenses,
• There are four general requirements for a successful modern-day claim of self-defense: an unprovoked attack, imminent danger, an absence of alternatives, and proportionality.• Most
• In general, a person is entitled to use nondeadly force to protect his or her possession of property. No more force may be used than is necessary to defend one’s possessory interest in
• The law enforcement defense extends only to those people tasked with and legally authorized to enforce laws (i.e., police).• Today, the right of citizens to use deadly force for crime
• The necessity defense, also called the choice of evils defense, justifies certain types of criminal activity when it cannot be avoided.• For a defense of necessity to succeed, five conditions
Johnny Franco was involved with part of the Italian mafia for the majority of his youth and often handled illegal drug deals for the family. The local police department convinced Johnny to become an
Scott Murphy is a freshman in college and recently decided to pledge a fraternity, Chi Gamma Omega. As a “pledge” of the fraternity, Scott is forced to participate in a number of initiation
Jack Oberman is a pharmacist at a local drug store and has never engaged in any form of illegal activity. Local police officers received reports that the drug store was filling illegal prescriptions
John Sugarman killed his mother with a direct gunshot to the head. At trial, John attempted to raise the defense of insanity. The following information was discovered at trial: (i) John’s expert
• Excuse defense differs in rationale from justification defenses.• A defendant alleging an excuse defense alleges: the action as involuntary, the action was the product of a cognitive
• For all nonhomicide offenses, there are five general elements of duress: (1) The defendant “acted under the compulsion or threat of imminent infliction of death or great bodily injury”; (2)
• In general, a person who voluntarily ingests an intoxicant will not succeed with a defense of intoxication.• A person is involuntarily intoxicated if he or she cannot be blamed for the
The entrapment defense is based on the belief that someone should not be convicted of a crime that the government instigated.• In its simplest form, the entrapment defense arises when government
• People who are below a certain age threshold cannot form, according to the law, the requisite intent to be convicted of a crime.• In general, children under the age of 18 (i.e., juveniles)are
• The insanity defense is distinct from competency to stand trial. The latter deals with the defendant’s ability to understand what is happening at trial (as well as at pretrial hearings,
• There are three categories of creative excuse defenses:excuses based on physiology, excuses based on psychology, and sociological excuses.• Examples of creative physiological excuse defenses
Don kidnapped his seven-year-old daughter, Brittany, after the family court refused to give him legal visitation rights. Don and Brittany are on the run and need a place to hide from authorities. Don
Jamie O’Connor is a second-grade teacher in a rural area. She notices that one of her students, Bobby, consistently comes to school with bruises and cuts. When Jamie asked Bobby about the injuries,
Joe discovers that his wife is having an affair after 20 years of marriage.Distraught, he goes to a local bar one evening to drink away his sorrows with a few friends. During the evening, Joe
Late one Saturday evening, Joe and Mark decide to rob a local convenience store.Mark has a loaded shotgun for the robbery, but both men agree beforehand that the shotgun is only to “scare” the
Judy Smart is a 17-year-old high school junior. One Saturday night, she is drinking beer with a number of her high school friends in the basement of her home. Judy’s parents, Bob and Mary Smart,
• An accomplice is one who knowingly, voluntarily, and with common intent unites with the principal offender in the commission of a crime.• Complicity is not the same as conspiracy. Conspiracy is
• The actus reus for complicity is, at its most basic level, assistance.• There are three means by which assistance is typically provided: (1) assistance by physical conduct, (2) assistance by
• There are a few situations in which accomplice liability is a legal impossibility.• One who abandons his or her intent to participate in the crime may not be considered an accomplice. To
• Vicarious liability occurs when one person is held liable for the actions of another—and perhaps when the former person has no idea what the latter person is up to.• There are two conditions
Joseph is a member of the notorious Crips gang, while Walter is a member of the Aryan Brotherhood. These two organizations are often engaged in violent confrontations, often motivated by racial
The Bottoccellis, an Italian Mafia “family” in Chicago, are involved in a number of criminal enterprises. As part of tradition, it is generally understood that all relatives have an obligation to
George, a local delivery truck driver, is distraught to learn that his wife of 20 years is having an affair with her personal trainer, Fabio. George decides to drown his sorrows in beer at the local
• An inchoate crime is one that is partial, unfinished, or begun and not completed.• Inchoate crimes include attempt, conspiracy, and solicitation.• Criminal attempt is an adjunct crime,
• Under common law, a conspiracy was defined as an agreement between two or more persons to commit a criminal act.• Modern statutes take a “unilateral” approach, which permits the conviction
• Solicitation occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime.• For solicitation, there is no requirement that the crime actually
On New Year’s Eve, George Schultz was out celebrating with his friends in New York City and drank at least seven mixed cocktails. After the ball dropped in Times Square, George began to drive home
Carrie Raymond is a first-year associate at a large criminal defense law firm in Philadelphia. The firm recently received a new client—a famous football player charged with extortion. The partner
Jodie Matthews is the lead prosecutor on a murder trial that is currently in the process of jury selection. Juror #2, Lane Smith, claims that he was a college roommate of the defense attorney. Juror
Amy Jones was physically and mentally abused by her husband, Mark, for the last 10 years of their marriage. Amy routinely ended up in the hospital as a result of Mark’s terrible beatings. One
James Garfalo was arrested for selling 10 grams of cocaine to an undercover police officer. At his jury trial in the state trial court, James was convicted and sentenced to two years in prison. James
• Crime is anything that lawmakers define as criminal.• Torts are wrongs between individuals; crimes are offenses by an individual against society as a whole (even though there are real
• Five sources of criminal law are early legal codes, the common law, modern statutes, the Model Penal Code, and constitutional sources.• One of the earliest known examples of a formal written
• An adversarial system pits two parties (prosecution and defense) against one another in the pursuit of the truth.• The American system of justice is adversarial.• An inquisitorial system is
• The United States has a dual court system that separates federal and state courts.• America is characterized by cooperative federalism, meaning some of the lines between federal and state power
The defendant was convicted of unlawfully selling narcotic drugs. The Criminal Court, Cook County, Richard B. Austin, J., rendered a judgment, and the defendant brought error. The Supreme Court,
The drug trade from Central and South America is causing a dramatic increase in criminal activity in New Mexico. The New Mexico legislature wants to take action.They pass a statute with this
Discouraged by the continually disappointing performance of the Detroit Lions, the State of Michigan enacts the following law: “It shall be unlawful for any person in the State of Michigan to wear
Concerned with its growing gang problem, New York City passes a law making it a crime to be a member of “a criminal street gang.” Jose Perez is a 19-year-old citizen of Mexican descent. He is
The police found marijuana and growing equipment when they searched a man’s house. He was prosecuted criminally, but the federal government also sought civil forfeiture of his house, pursuant to a
• Federalism is a system of government where power is constitutionally divided between a central governing body (the federal government, for example) and various constituent units (the states).•
• The equal protection clause has been interpreted to ban separate criminal codes for separate classes of people.• Three separate standards are used in equal protection clause analysis: strict
• The U.S. Supreme Court has repeatedly struck down laws that are so vague that a normal person could not reasonably understand them or determine when they can be applied.• The void for vagueness
• The Eighth Amendment prohibits cruel and unusual punishment.• The death penalty is not permissible for criminals who were younger than 18 years old at the time of the crime or individuals
• Double jeopardy occurs when, for the same offense, a person is (1) reprosecuted after acquittal, (2) reprosecuted after conviction, or (3) subjected to separate punishments for the same
Why doesn’t Congress develop all the details of the IDEA and other statutes rather than leaving that to administrative agencies?
Is it good policy to enact a statute that may be intentionally somewhat vague on certain points?
Which is the fastest and most efficient way to develop law—through the court system or the legislative process? What are the advantages and disadvantages of each?
Why has the IDEA evolved over the years to include requirements regarding high expectations for students with disabilities? What effect have these provisions had on the services provided to students
One of the requirements in the IDEA since 1997 is that students with disabilities progress in the general curriculum. This requirement, along with the least restrictive environment requirement
Consider the following scenario:Jeff is a second grade student with a learning disability in reading. His individualized education program (IEP) includes direct individualized instruction in basic
With reference to students with HIV, if the school requested an opinion from a private physician as to the risk of a student with HIV to other students in the classroom and that physician determined
The concern about privacy for a student with HIV and the need for school employees to know that a student has HIV so that appropriate precautions can be taken are both legitimate concerns. How can
With the Rehabilitation Act and the ADA providing protection against discrimination on the basis of disability, why is the IDEA necessary?
Why are the procedural protections of the law important? Do you think the goals of the law that were noted in this chapter could be met without these protections? Why or why not?
What do state education statutes relating to special education add to the IDEA? Why doesn’t the IDEA cover these issues?
In Owasso, the Court found that the practice of peer grading of papers did not violate FERPA—at least, when it was done in the manner at issue in the case. Are there circumstances where peer
In Gonzaga, the effect of the Court’s decision was to take away a relatively large monetary judgment from the student. Without the ability to bring claims in court under FERPA, the remaining
As noted in this chapter, FERPA prohibits schools and state education agencies from destroying education records when there is an outstanding request to inspect and review the records. What should
Should training and certification for special education teachers be categorical? For example, should a teacher be trained and certified in a specific category of disability, such as specific learning
Should gifted and talented students be included among the students protected under the IDEA? Why or why not? What about slow learners? Socially maladjusted students?
As a policy matter, should any changes be made to the IDEA to include students with chronic illness or infectious diseases who currently would not receive protection under the IDEA but would under
As a policy matter, how can the IDEA be designed to ensure that not only middle-and upper-income, well-educated parents take advantage of the requirements relating to special education?
As a policy matter, should schools be required to give notice under the IDEA to both parents if they are divorced? Should it matter whether the parents have joint legal custody? What administrative
How can educational systems ensure that their teachers are adequately trained? Should regular education teachers be required to take courses in special education? What requirements can be imposed on
Who should be liable if teachers are not adequately trained and a physical or educational injury occurs as a result?
Is the availability of attorneys’ fees and the resultant increase in attorneys involved in the special education process positive or negative in carrying out the goals of the IDEA?
Keeping in mind the age eligibility criteria of the IDEA, should a 19-year-old individual with a neurological impairment who has not yet graduated from high school be permitted to be on the
Brittany is an 18-year-old individual with a hearing impairment whose parents have been disputing during the past three years whether the school has been providing an appropriate education. Brittany
As a policy matter, how should the dispute about the definition of learning disability be resolved—at the federal level, state level, or local level? Through what process—hearings by educational
Because preschool is not mandatory in most states, how can the mainstreaming goals of the IDEA be accomplished for children under age 5?
In Seals v. Loftis, how might the school have avoided this type of referral evaluation expense or at least controlled the referral to some extent?
Who has the burden of proving the validity or invalidity of assessments used in the evaluation process described in this chapter?
In the PASE decision, the court notes that because of the high cost of EMR placement, the “motive for unnecessary placement is nonexistent.” While the local educational agency’s motive for
How might NCLB school performance standards affect these decisions?
Assume Tony is a 10-year-old fourth grade student with ADHD. The special education evaluation process reveals that Tony has a slightly above average intelligence and ability and a slightly below
Referring back to question number 5, assume for purposes of discussion that Tony is found not eligible under the IDEA. What would need to be established for him to be eligible under the ADA or
How is the RTI model noted in this chapter different from the severe discrepancy model for specific learning disabilities?
Should courts use the Rowley standard for determining if a student received FAPE to also determine if a student is eligible for special education services?
What standard did the lower courts in Rowley apply?
What standard did the Supreme Court apply?
Will the Rowley standard work when applied to other types of cases—that is, when a student who is severely retarded is not placed in the regular program?
Did the fact that Amy Rowley was bright actually work to her detriment? What would happen if a student needed the interpreter to pass from grade to grade?
What happens if a student needs a particular service for which funds are not available?
Once a school develops an individualized education program, what role is left for the courts?
What standard of review are the courts to apply?
What is the burden of proof?
How likely is it that the educational agency’s decision will be overridden by the courts?
The Court indicated that protection for the student was available by virtue of the procedural safeguards and the fact that parents do “not lack ardor in seeking to ensure that handicapped students
Ashley is 5 and autistic. The evaluations done by the parents’ evaluators indicate that Ashley requires a full-day program in order to benefit from an educational program. In the state where Ashley
Suppose a student had been in a residential placement for several years and the student’s file contained hundreds of documents. Would it be reasonable to allow the parent an opportunity to review
What would be considered a reasonable fee for photocopying? How would that be determined?
Suppose a $30,000 vehicle was needed to provide transportation to a student with an orthopedic impairment who lived at the end of an unpaved mountain road. What if the local agency’s entire budget

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