Paralegal Today The Legal Team At Work 7th Edition Roger LeRoy Miller Mary Meinzinger - Solutions

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Define a stop.
What basic issues did the Supreme Court have to address when it decided Terry v. Ohio?
Briefly describe the history of stop-and-frisk law.
Explain the purpose of stops and frisks.
What nonlegal pressures may individuals feel when police officers approach and ask them questions? What legal obligation does a citizen have in such encounters if they are not Fourth Amendment seizures?
Identify and define the two major types of actions that qualify as Fourth Amendment "seizures."
Identify and explain all the government actions that the U.S. Supreme Court has ruled do not qualify as Fourth Amendment searches.
Briefly explain how search decisions reflect the balance between individual privacy and societal security.
Identify and explain the two prongs of the test for determining whether a government action is a Fourth Amendment search.
Explain the difference between the trespass doc- trine and the privacy doctrine in the law of searches.
Describe and explain the significance of en- counters between individuals and police officers on the street and in other public places and en- counters between them in police stations.
Define a Fourth Amendment seizure.
Define a Fourth Amendment search.
Identify the main steps in the analysis of Fourth Amendment cases.
Identify and define the three main values that the Fourth Amendment protects.
Briefly summarize the history of the law of search and seizure.
Identify and describe the major purposes of the Fourth Amendment.
Identify and describe the major purposes of searches and seizures.
Identify the main methods by which police ob- tain information.
What does crime control primarily depend upon?
What is the position of the U.S. Supreme Court with respect to individual differences among the states in criminal procedure?
Identify and explain the significance of the incor- poration doctrine. Distinguish between total and selective incorporation.
According to the U.S. Supreme Court, what is the relationship of the Fourteenth Amendment due process clause to state criminal procedure?
Identify and explain the significance of the Model Code of Pre-arraignment Procedure.
Explain the role of states in defining the rights guaranteed by the U.S. Constitution.
What level of government conducts the main day- to-day business of criminal procedure?
What is the main interpreter of the Constitution in the United States?
Identify and describe the sources of the law of criminal procedure. What is the ultimate source of the law of criminal procedure?
Define criminal procedure.
Explain the importance of discretion in the criminal process.
Identify and explain the major steps in the crimi- nal process.
Identify and explain the major elements in the structure of criminal procedure in the United States.
Identify and briefly describe the policy interests in the law of criminal procedure that go beyond the balancing of legal interests.
Identify the basic tension in the history of crimi- nal procedure, and briefly describe how this tension has affected the history of criminal procedure.
Explain the similarities between and the funda- mental difference between the commission of 'crimes and the enforcement of criminal law.
Explain the phrase "facts are power" in criminal procedure.
What is the relation between the degree of gov- ernment invasion and the objective basis to jus- tify the invasion?
Identify the main government invasions of indi- viduals that criminal law enforcement causes.
Describe the importance of facts in the law of criminal procedure and in the practice of crimi- nal law enforcement.
Why does the balance between result and process cause discomfort in our society?
Identify, define, and explain the main elements in the concept of procedural regularity.
What are the best-known characteristics of the accusatory system?
What is the basic idea behind the accusatory system?
Identify some of the goals of "doing justice" that prosecutors might try to accomplish.
Define what we mean by the balance between process and result in the law of criminal procedure. Explain the adversary process as it operates in the law of criminal procedure.
Describe the tension between ends and means in the law of criminal procedure.
What is the ultimate mission of criminal procedure?
Identify all the major interests that the law of criminal procedure balances.
Identify and explain the significance of "bal- ances" in the law of criminal procedure.
Summarize and explain the significance of the dilemma posed by the quotation from James Madison at the opening of the chapter.
4. Go to epa.gov/myenvironment and enter your zip code. Select “my air” or “my water” and explain the index used to rate your air or water quality. What is the index for your geographical location?a. Go to the “Laws and Regulations” tab. Click on“EPA’s Enforcement Website” and
3. Do an Internet, Westlaw, or Lexis search on your state’s bankruptcy laws to determine what property is exempt from the debtor’s estate. Does your state prohibit debtors from using the federal exemptions, or is a debtor allowed to choose between state and federal exemptions?Write a one-page
2. Go to uscourts.gov/court-locator and search for a bankruptcy court near you. If there is a federal bankruptcy court nearby, attend a bankruptcy proceeding for half a day. Write a one-page summary of your experience.Include the date and time that you attended the proceeding, the name of the judge
1. Go to the U.S. Department of Justice website at justice.gov/ust/about-program.a. Why was the bankruptcy trustee program started?b. What are the trustees’ duties in Chapter 7 and 13 cases?c. Click on “Bankruptcy Information Sheet.” How does a bankruptcy discharge operate? What is a
4. Identify the environmental law that applies to each of the following situations and explain how it would resolve the problem:a. The foreman at a manufacturing plant disposes of a fifty-five-gallon drum of spent solvents, a toxic waste, every week by pouring it on the ground “out back.”b. An
3. The shoreline of Greers Ferry Lake is under the management of the U.S. Army Corps of Engineers.The Corps’ 2012 Shoreline Management Plan (SMP)rezoned numerous areas along the lake and authorized the Corps to issue permits for the construction of new boat docks in the rezoned areas. No
2. Jon and Susan Bogren filed for voluntary bankruptcy under Chapter 7 and qualified by passing the means test. They own one car outright that has a value of$3,000, and they owe $10,000 to the bank for their second car. Their bankruptcy action will cause them to incur attorney’s fees, trustee
1. Jamal earns a salary of $30,000 a year as a sales representative.He is married with two children in high school.In addition to his salary, he earns a 10 percent commission on what he sells. Over the past five years, Jamal earned annual commissions of $80,000 to $100,000.During this time, he
6. What four environmental issues are regulated by federal environmental laws? List the major environmental laws that provide the regulatory framework in each area.What is the Superfund? Which parties are responsible for the cleanup of hazardous waste sites?
5. What is an environmental impact statement (EIS), and when is one required? What factors does an EIS evaluate?
4. What happens when a company files for bankruptcy reorganization under Chapter 11? What is a debtor in possession? What procedure is followed after the bankruptcy is filed?
3. How does a Chapter 13 bankruptcy differ from Chapter 7 bankruptcy? What is a discharge? Are all debts dischargeable in bankruptcy? If not, give examples of the types of debt that are not dischargeable.
2. What is an automatic stay? What effect does the filing of a bankruptcy petition have on creditors?
1. What is a liquidation proceeding under Chapter 7?How is it initiated? What is the difference between a voluntary bankruptcy and an involuntary bankruptcy?What is “means testing”?
5. Samantha Elauf, a 17-year-old Muslim, wore a head scarf, or hijab, to a job interview with Abercrombie, a trendy clothing store for teenagers. During the interview, Ms. Elauf did not specifically request religious accommodation. Abercrombie did not hire Ms. Elauf on the grounds that wearing the
4. Identify what type of employment discrimination, if any, is being practiced in each of the following hypothetical situations:a. Lana Ronsky, a female paralegal in an all-male law firm, is the object of frequent sexual jokes and comments and occasional uninvited touching—all of which are
3. Explain why the principal is (or is not) liable for the actions of the agent in each of the following situations:a. Attorney Arun Singh tells his paralegal, Aki Cho, to purchase litigation software.b. Attorney Jayne Sutterly leaves a written memo to her paralegal, David Hayes, instructing David
2. Michael Sánchez is an attorney who represents Aaron Tubman in his business ventures. Explain who is the principal and who is the agent in this relationship.What duties does the principal owe to the agent? What does the agent owe to the principal?
1. Identify whether each of the business firms described below is a sole proprietorship, a partnership, or a corporation, and explain why:a. Terrence and Lars have owned a business together for three months. Terrence contributed 60 percent of the capital needed to start the business, and Lars
5. Which federal statutes prohibit employment discrimination?What kinds of discrimination are prohibited by these statutes? Which federal agency handles claims of employment discrimination?
4. What is a fiduciary obligation? In which relationships discussed in the chapter does a fiduciary obligation arise?
3. How does an agency relationship arise? What is the difference between an employee and an independent contractor in an agency relationship? When is a principal liable for the contracts formed by an agent? For the torts of the agent?
2. What is a limited liability company? What advantages does this business organization offer to businesspersons?How does a limited liability company differ from a limited liability partnership?
1. List and describe the three traditional forms of business entities. How is each entity created and terminated? Do the owners have personal liability? If so, describe.
4. Paralegals who work in probate law may need to locate the heirs of a person who died without a will. Go to International Genealogical Search at heirsearch.com/category/success-stories/. Read three ”success stories”posted there. Describe the range of services offered by HeirSearch.com.
3. Toni, an active user of Facebook, was dying of cancer.She wanted her husband to be able to post her obituary on her Facebook page and be able to download the photo albums she had created over the years. Is Toni’s Facebook account property that can be inherited and accessed by her husband? Go
2. Go to FindLaw, the Legal Information Institute at Cornell Law School, or other useful websites to locate your state’s divorce laws. Answer the following questions:a. What are the requirements for divorce in your state?b. What procedural requirements are usually involved?c. How long must a
1. Locate United States v. Windsor on the United States Supreme Court website at supremecourt.gov/opinions/slipopinion/12. Answer the following questions:a. Who are the parties in this case?b. Why was the lawsuit initially filed in federal district court?c. What were the decisions of the federal
6. Suppose that a wealthy testator has a son with a severe disability requiring costly treatment. The son has no capacity to earn an income, so the state assumes the costs of his care. If the testator’s will stipulates that all of his wealth and property go to charity, can the state successfully
5. Identify which of the following types of estate-planning devices allow property to be transferred outside the probate process:a. Living trustsb. Life insurancec. Testamentary trustsd. Holding property as joint tenants with rights of survivorshipe. Gifts to children
4. Identify each of the following types of trusts:a. Barbara inserts a trust provision in her will requiring that all of her property be held in trust for her children until they reach the age of thirty.b. Steve, who is seventy years old, transfers his home into a trust for the benefit of his
3. A woman agrees that in exchange for $10,000, she will be artificially inseminated, carry the child to term, and surrender the baby at birth to the biological father and his wife. The agreement states that the surrogate mother will terminate her parental rights, and the father’s wife will adopt
2. Using the no-fault divorce material discussed in the chapter, which of the following are grounds for a nofault divorce:a. Irreconcilable differencesb. Crueltyc. Living separately for a period of time specified by state statute (ranging from six months to three years)d. Adultery
1. Matthew, an 11-year-old boy with mild autism, was regularly bullied at school by another boy. In one instance, the bully pushed Matthew down on the playground, resulting in stitches. Most recently, the bully beat Matthew badly enough that he required hospitalization for a broken arm and a broken
2. A judge had sex with a witness, who was his mistress, while her criminal complaint against her child’s father for nonpayment of child support (a felony) was pending before the judge. The judge recused himself from the case. He then filed a false complaint with the prosecutor’s office against
5. What is a trust? List and describe the various types of trusts discussed in this chapter. What are some other estate-planning devices?1. Theft crimes are sometimes committed by paralegals and attorneys against clients’ estates. Consider the following theft. A paralegal at a California law firm
4. Why and how are wills probated? What are the duties of a personal representative?
3. List the requirements of a valid will. Why is it important to check the laws of your state for the requirements of a will? What laws govern the distribution of the estate of a person who dies without a valid will?
2. What are the requirements for a valid marriage? On the termination of a marriage, how is property divided?What is separate property? Community property?
1. What are the rights and duties of parents for their children?What are the legal obligations of parents to children born out of wedlock and adopted children?
2. Go to the website of the Insurance Information Institute at iii.org. Under “Topics,” follow the links to auto insurance and to homeowners’ insurance. Browse through the information, or watch videos on the topics if available, and then answer the following questions:a. What six types of
1. Graciela rented her vacation condo to Hector for 45 days through a popular vacation-rental website. Hector paid rent to cover the first 30 days and stayed in the condo during that period. At that point, he began to complain about the cloudy tap water and the noise caused by nearby residents. He
5. John’s Used Cars, Inc., sold Willie a 2016 Cadillac in return for $5,500 and what turned out to be a stolen 2012 Cadillac. (Willie provided a fraudulent title for the stolen car.) Hank bought the 2012 Cadillac from John’s Used Cars without knowing of the fraudulent title or that the car had
4. Identify the following steps in a real estate sales transaction:a. An offer or counteroffer is accepted.b. Title to the property is reviewed to determine the seller’s ownership interest and to determine if any liens against the property exist.c. The buyer applies for financing at a bank or
3. Identify the types of ownership rights described in the following statements.a. John and Linda, a brother and a sister, jointly own a cottage that they inherited from their mother. They have rights of survivorship.b. Ja’neen conveys her townhouse to her mother for as long as her mother lives.
2. Using the material presented in Exhibit 16.4 on page 487, A Sample Deed, and the following facts, draft a deed to real property.• At a closing on January 22, 2017, Roberto Alvarez and Paloma Alvarez, husband and wife, of 987 Packard Street, Galveston, Texas, transfer their beachfront condo to
1. Assume that John submits an offer to Lisa to purchase Lisa’s home for $150,000. Lisa responds to John’s offer with a counteroffer: she will sell John her home for$175,000. John then offers to purchase the home for$165,000, so long as he can obtain a mortgage and the house does not have
4. What is the difference between an insurance agent and an insurance broker? Why is this difference significant for people seeking insurance coverage?
3. What are the various classifications of insurance?Define an insurable interest. How does an insurable interest arise in property? In another’s life?
2. Explain what law governs the sale of real property.Describe the basic steps involved in the sale of real estate. What role does an escrow agent play?

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Paralegal Today The Legal Team At Work 7th Edition Roger LeRoy Miller Mary Meinzinger - Solutions

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