Tag: IRAC

What recommendations would you make to improve the ability of police and the courts to balance the sometimes conflicting interests of liberty and security?Does the tension result in a balancing of important rights, or an erosion of important rights?

Term Paper

Question #2: For the past two months we have been considering the tension between liberty and security. Write a one-page response to the questions below:

A. Does the tension result in a balancing of important rights, or an erosion of important rights?

B. What is the US Supreme Court’s role in resolving this tension over time?

C. What role do the police play in balancing the interests of liberty and security?

D. What recommendations would you make to improve the ability of police and the courts to balance the sometimes conflicting interests of liberty and security?

Question #3: Several weeks ago, we watched a short documentary regarding the tensions that spilled over on January 6, 2021 (the “Capitol Riot”) concerning the 2020 US Presidential Election. Considering the video and news objectively and not politically, what issues regarding policing, the Constitution, crimes, arrests, public and private property, were revealed, as relevant to our study?

Question #4:  review the US Supreme Court case summary below regarding Torres v Madrid (Sup Ct., slip opinion, March 25, 2021)
Part A: Apply the IRAC structure to the Torres case in order to provide a summary of the case (case brief).
Issue(s)
Rule(s)
Application to the facts
Conclusion(s)
Part B

Consider the Torres v. Madrid et al. case and apply it to any issues we have discussed including US Constitutional application to states, the 4th Amendment, seizures, use of force, police conduct, role of the US Supreme Court, and any other you think are important.

Derek and Luke are charged with theft of electronic goods from the shop in which they work-Discuss the evidential issues arising in this scenario?

Law of Evidence

Word Limit: 2500 Words

Use the IRAC method: Issue, Relevant Rule, Application, Conclusion

Question:

Derek and Luke are charged with theft of electronic goods from the shop in which they work.

They both plead not guilty. The shop is owned by Adam who alerted the police to the theft when he noticed the missing items following the weekly inventory. Derek and Luke were the only employees working in the shop that week.

When questioned by the police Derek claimed, as he does at trial, that he did not know anything regarding the theft. The prosecution wishes to adduce evidence of a text message recorded on Derek’s mobile phone in the week the thefts took place.

The text was sent to Luke and stated, ‘selling will be easy; we should go ahead with the plan asap’. Derek has two convictions for criminal damage in 2010, one for handling stolen goods in 2015 and one for fraud in 2017.

On the day Adam reported the theft, Luke was covering the afternoon shift. When he asked Adam what was going on, Adam replied, think you know all about this don’t you? You and your mate Derek have been stealing from me, haven’t you?’ Luke said nothing in reply. When questioned by the police he gave a no comment interview as advised by his solicitor.

At trial Luke says that the text message referred to a plan the two friends had to sell their CD collections at a local car boot sale. Luke has no previous convictions and wishes to call his wife as a witness to testify that he has done charitable work for a youth centre for three years.

Discuss the evidential issues arising in this scenario.

Which primary value does the court’s decision show it prefers” Which primary value does Weed Chevrolet probably prefer?

M5D1: Case Problem on Emery v. Weed

No unread replies.No replies.

Read Emery v. Weed (Links to an external site.) and respond to the following critical thinking and ethical decision-making questions:

Is the court’s decision consistent with your common sense belief about whether risk of loss had passed?

Explain how the court used the UCC to reach its conclusion.

Which primary value does the court’s decision show it prefers” Which primary value does Weed Chevrolet probably prefer?
Post a thorough response to each question.

Again, it is important to realize that this is not a law class per se so don’t be intimidated by reading and analyzing a case.

You are not being held to standards that would apply if this were a law school or paralegal class.

When you analyze a case and its holding you are technically considered to be briefing the case, but you can think of it in terms of just performing an IRAC analysis.

Consult the Discussion Posting Guide for information about writing your discussion posts.

It is recommended that you write your post in a document first.

Check your work and correct any spelling or grammatical errors.

When you are ready to make your initial post, click on “Reply.” Then copy/paste the text into the message field, and click “Post Reply.”

To respond to a peer, click “Reply” beneath her or his post and continue as with an initial post.

Evaluation

This discussion will be graded using the discussion board.

review this , located on the page within the Start Here module of the course, prior to beginning your work to ensure your participation meets the criteria in place for this discussion.

All discussions combined are worth 20% of your final course grade.

Keep the following points in mind:

The responses to questions are exhaustive and complete.
Accurate and adequate references have been made to specific laws.

Suppose you are the bank manager who decided to keep a freeze on the Isaacses’ funds for four years. If your actions are guided by the public disclosure test, would you have behaved differently?

M6D1: Case Problem on The Twin City Bank v. Kenneth Isaacs

No unread replies.No replies.

Read The Twin City Bank v. Kenneth Isaacs’ judgement (Links to an external site.)and respond to the following critical thinking and ethical decision-making questions:

The judge uses North Shore Bank to make analogies with the Isaacses’ case.

Do you think this analogy is effective?
Suppose you are the bank manager who decided to keep a freeze on the Isaacses’ funds for four years. If your actions are guided by the public disclosure test, would you have behaved differently?

Post a thorough response to each question.

Again it is important to realize that this is not a law class per se so don’t be intimidated by reading and analyzing a case.

You are not being held to standards that would apply if this were a law school or paralegal class.

When you analyze a case and its holding you are technically considered to be briefing the case, but you can think of it in terms of just performing an IRAC analysis.

Consult the Discussion Posting Guide for information about writing your discussion posts. It is recommended that you write your post in a document first.

Check your work and correct any spelling or grammatical errors.

When you are ready to make your initial post, click on “Reply.” Then copy/paste the text into the message field, and click “Post Reply.”

To respond to a peer, click “Reply” beneath her or his post and continue as with an initial post.

Evaluation

This discussion will be graded using the discussion board.

Review this  located on the page within the Start Here module of the course, prior to beginning your work to ensure your participation meets the criteria in place for this discussion.

All discussions combined are worth 20% of your final course grade.

Keep the following points in mind:

The responses to questions are exhaustive and complete.
Accurate and relevant references have been made to specific laws.

How have the laws changed?What are the pros and cons of the changes?

M6D2: Case Summary on Bankruptcy
No unread replies.

No replies.

Bankruptcy is the acknowledgment of an individual or organization of the lack of ability to pay its creditors.

On NexisUni (Links to an external site.)or the search engine of your choice, locate an article discussing bankruptcy.

NexisUni Instructions

To find an article on NexisUni (Links to an external site.), go to Excelsior College’s Library (Links to an external site.).

There, you will find a link for Research Databases.

This will take you to a link for NexisUni.

Provide a summary of the article, to include your response to the following questions:

How have the laws changed?
What are the pros and cons of the changes?
Post a thorough response to each question.

Again it is important to realize that this is not a law class per se so don’t be intimidated by reading and analyzing a case.

You are not being held to standards that would apply if this were a law school or paralegal class.

When you analyze a case and its holding you are technically considered to be briefing the case, but you can think of it in terms of just performing an IRAC analysis.

Consult the Discussion Posting Guide for information about writing your discussion posts.

It is recommended that you write your post in a document first.

Check your work and correct any spelling or grammatical errors.

When you are ready to make your initial post, click on “Reply.” Then copy/paste the text into the message field, and click “Post Reply.”