If the lawyer does not have a sound moral character, he may not defend his client as well. If James Holmes gets life in prison instead of the death penalty the lawyer would have done his job and justice would have been served even if the…
Obergefell V. Hodges is a Supreme court case that sanctioned same-sex marriage in each of the 50 states. The case occurred when a man named James Obergefell sued his home state Ohio to tell the general population of Ohio how the forbidding of gay marriage wasn't right and an infringement of his rights as a citizen. Certain rights are counted in the Constitution. Different rights are not identified in the Constitution but rather are seemingly suggested inside its dialect. Most rights ascending by suggestion get from "freedom" which is found in both the Due Process Clause of the Fifth Amendment and the Fourteenth Amendment. Under the Due Process Clauses, both the federal government and the state governments are denied from authorizing laws that "deny any individual of life, freedom, or property without due process of law." In Obergefell, nobody contended that a counted right…
“The Verdict” is a movie that deals with medical and legal ethics. Frank Gavin is an alcoholic who hasn’t won any of his cases in the past three years. Mickey, his former partner, gives him a medical malpractice case that is sure to settle for a large amount of money. The case of Deborah Ann Kay, a mother who was given anesthetic when she had just eaten inhaled her vomit and is now in a coma. The Donaheys, her sister and brother in law are hoping for a good settlement and Frank assures them that they have a strong case. While the case is going on he meets Laura, a woman at a bar who he falls in love with. Frank goes to visit Deborah Ann Kay in the hospital and is affected by her condition. He meets with the defendants who run the Catholic hospital where the incident happened. The defendants offer $210,000 to settle out of court but Frank declines. Frank feels this is his chance to do something right. Everyone was not happy with Frank declining the settlement. A lot of things start to go wrong for Frank in the case: the brother in law finds out how much the settlement was and how he denied it, his expert medical witness disappears, his substitute witness testimony is questioned, the defendant attorney Concannon has an expert legal team, and the Judge favors Concannon. Mickey finds out Laura is a spy for the opposing side and Frank punches her in the face. Frank then finds Kaitlin Costello Pryce, a nurse that was asked to change her notes on the admittance form after the incident to hide Dr. Towler’s error. Deborah Ann Kay had eaten 1 hour before admittance and no anesthetic is supposed to be given if so. Even though the testimony is not supposed to be used because of legal technicalities it stuns the courtroom. Frank then tells the jury a closing statement about justice and truth. Frank wins the case and the jury wants to increase the award.…
The Brethren, co-authored by Bob Woodward and Scott Armstrong, is an in-depth documentary of the United States Supreme Court from 1969 to 1975, under the leadership of Warren Burger. The book attempts to present the reader with what "really" goes on in the Supreme Court. It describes the conferences, the personality of justices, and how justice's feel toward each other, items which are generally hidden from the public. This book is comparable to a lengthy newspaper article. Written more as a source of information than of entertainment, The Brethren is the brutal truth, but not boring. The storytelling is clearly slanted against the Burger court but the overall quality of the work makes…
A largely discussed topic and argument as we are in prime presidential election season is abortion. Are you pro-abortion or anti-abortion? Roe v. Wade is a decision that was made by the Supreme Court in the 1970's. Roe V. Wade allows women the right to privacy and the right to choose abortion, that is up until the third trimester. While Supreme Court Justice Antonin Scalia claimed that the Constitution does not grant women a so-called right to abortion many disagree with his claims. Scalia called Roe V. Wade an “absurdity,” he claims that the Constitution’s 14th Amendment doesn’t guarantee equal protection for women that allows abortion on demand. On one side of the controversy Roe V. Wade did not allow any states to prohibit abortion and…
Karen L. Jerman had a mortgage with Countrywide Home Loans and was contacted by the law firm Carlisle, McNellie, Rini, Kramer & Ulrich LPA, on behalf of Country Wide, seeking a foreclosure on Jerman’s property.…
“It is better to be hated for what you are then to be loved for what you are not,” this was said by Andre Gide and there has never been a more true statement. In this paper the topic of Obergefell V. Hodges will be discussed. Obergefell V. Hodges is the court case that talks about gay marriage. Many are against the topic, but maybe they should open their minds a little more and accept that love is love.…
One relevant United States Supreme Court case is Roe v. Wade. In 1854 Texas law prohibited abortion except “for the purpose of saving the life of the mother.” “Jane Roe” (Norma McCorvey) was denied an elective abortion under that law, and therefore, filed a lawsuit claiming that this Texas law denied her part of her constitutional rights. The Supreme Court ruled in her favor, declaring that the Texas law violated her constitutional right to have an abortion. The Court, however, acknowledged that the Constitution does not explicitly mention a right to abortion but said such a right was part of the “right to privacy.” The decision of the Court was that abortion must be permitted for any reason a woman chooses until the child becomes viable.…
This paper explores what I think is the constitutional flaw of our criminal justice system, attorney-client privilege. Under certain circumstances, information possessed by an attorney cannot be disclosed to others without the client 's consent because of the attorney-client privilege or certain other legal concepts. The attorney-client privilege, which dates back to the reign of Elizabeth I, was originally based on the concept that an attorney should not be required to testify against the client and, thereby, violate a duty of loyalty owed to the client. At that…
The Federal Court System contains three levels of courts: first, U.S district courts and various courts of limited jurisdiction (trial courts of general jurisdiction). Second, U.S courts of appeals (intermediate courts of appeals). Finally, the highest level of the three level federal court system is the United State Supreme Court. Today, the United State Supreme Court is located in Washington D.C.…
In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination. The case began with the 1963 arrest of Phoenix resident Ernesto Miranda, who was charged with rape, kidnapping, and robbery. Miranda was not informed of his rights prior to the police interrogation. During the two-hour interrogation, Miranda allegedly confessed to committing the crimes, which the police apparently recorded. Miranda, who had not finished ninth grade and had a history of mental instability, had no counsel present. At trial, the prosecution's case consisted solely of his confession. Miranda was convicted of both rape and kidnapping and sentenced to 20 to 30 years in prison. He appealed to the Arizona Supreme Court, claiming that the police had unconstitutionally obtained his confession. The court disagreed, however, and upheld the conviction. Miranda appealed to the U.S. Supreme Court, which reviewed the case in 1966.…
The National Federation of Paralegal System (NFPA) is a very well known organization who has comprised paralegal association of individual and throughout the Canada and United States. They have their own job responsibilities that reflecting the diversity if parallel profession. This is also the responsibility of NFPA paralegal association that every individual legal supervisor does not break the law and perform their duties under given considerations (Zoubek, 2012, p. 26). On the other hand, ABA Models Rules settled by America Bar Association (ABA) for setting the rules according to the standards lawyer’s professional responsibilities and legal ethics in United States of America.…
In 1973, the Supreme Court declared that, except under certain conditions, states may not prohibit a woman's right to have an abortion during the first six months of pregnancy. This decision affected thirty-one states' antiabortion laws. It all began in 1970 when a Texan waitress challenged a state law that made abortion a criminal offense. A woman calling herself "Jane Roe", the plaintiff, was denied an abortion under the law and she sued Dallas County District Attorney Henry Wade, the defendant. The Supreme Court ruled that the Texas law violated a woman's right to privacy, which was protected by the 14th Amendment to the Constitution and by several parts of the Bill of Rights. The 14th Amendment in the Constitution states that no State shall deprive any person of life, liberty, or property, without due process of law. So how is it legal for these states to make it possible so women cannot have abortions. Depriving them of an abortion would be depriving them of possible life and property (if you consider an unborn baby property of the mother). The court said that states may not interfere with a woman's decision to have an abortion. It also ruled that states may regulate abortions during the second trimester only to protect a woman's health. This case had a great effect on more than half of the United States. This case was and is very important to society today. More and more women are getting abortions because they are safer to do. Although many more Pro-life (anti-abortion) groups are becoming involved in stopping abortion clinics. If the outcome of this case had been any different the world would be a very different place. If abortion had been totally outlawed then many people would give themselves abortions, even killing themselves in the act. The population would be in a dramatic increase right now and in the future the world would be very overly populated. In the far, far future if no one was allowed abortions there would be many unwanted babies and illegal…
“Judges... are picked out from the most dextrous lawyers, who are grown old or lazy, and having been biased all their lives against truth or equity, are under such a fatal necessity of favoring fraud, perjury and oppression, that I have known several of them to refuse a large bribe from the side where justice lay, rather than injure the faculty by doing any thing unbecoming their nature in office.”…
A plural society can be defined as a society composed of different ethnic groups thus reflecting a variety of cultural differences. As a result, each group would consist of their own morals, values, practices and traditions which may sometimes contradict each other consequently leading to ethnocentrism in the society. Thus, the question arises, whose morals are the most acceptable? The word “moral” deals with the fundamental principle of what is ‘right’ and ‘wrong’ in society and the expected conduct of individuals, hence, is it correct for the Courts to enforce only the beliefs of one particular group?…