CALR Graded Project

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CALR Graded Project Exam# 008823 Section I: Build a Judge Profile Kathleen McDonald O'Malley, formerly known as Kathleen Patricia McDonald, prefers to be addressed as Kate O'Malley by those who know her. She was born in Drexel Hill, PA in 1956. She graduated from Kenyon College for her undergrad in which she graduated with a dual degree and Magna Cum Laude. She then went to Case Western Reserve University - School of Law in 1979 where she graduated with her J.D. Degree in 1982. She has received numerous honors and awards including: Commencement speaker at Kenyon College (1995); Honorary Degree from Kenyon College, Doctor of Laws (1995); Case Western Reserve University School of Law Distinguished Recent Graduate Award (1992); International Trial Lawyers Award (1982); Edwin G. Halter Memorial Scholarship (1980); Order of the Coif (1982); and Phi Beta Kappa (1979). She is a member of numerous bar associations including but not limited to the Administrative Office of the United States Courts and the Federal Bar Association (Questionnaire for Judicial Nominees, n.d.). Judge O'Malley was admitted to the New York and Ohio State Bars in 1983. While she never actively practiced in the State of New York, she did practice in Ohio until she became a Judge in 1994. She was appointed to the U.S. District Court for the Northern District of Ohio by President Clinton. In 2010 she was appointed to the U.S. Court of Appeals for the Federal Circuit by President Obama. Prior to appointment ship to the bench, O'Malley served as the First Assistant Attorney General, Chief of Staff, and Chief Counsel to the Attorney General for the State of Ohio. O'Malley was also in the private practice field prior to working for the Government, where she practiced as a licensed attorney for the State of Ohio (Kathleen M. O'Malley, Circuit Judge, n.d.). 1
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CALR Graded Project Exam# 008823 Section II: Perform Company Research Company Profile No. 1: 4
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CALR Graded Project Exam# 008823 Company Profile No. 2: 10
CALR Graded Project Exam# 008823 Section III: Evaluate Internet Information Quality The first website, whitehouse.gov, takes you to a main page that includes interactive links, news articles, and includes several pictures. The main page also has a drop down website menu on the upper left hand corner, while there is a search toolbar on the right hand side. These two features makes it easier to maneuver the site and find specific information a user may be looking for. The site is a government site, therefore, it is a good academic resource to utilize and reference. If you hover your mouse over a photo, a hand icon appears allowing you to be transferred to an article that the picture represents. As you continue to scroll down the main page, you have links to additional white house news articles, the official Twitter account for the White House can also be accessed easily simply by clicking the Tweet they have on display (which will change with each new Tweet). Continuing down the site provides interactive drop down links that provide information regarding the history of the White House, the Grounds, and about the White House and what they have to offer the general public (such as tours). At the very end of the homepage links to additional information such as jobs, live information, getting involved, and the policies for copyright and privacy. The second site, whitehouse.net, is not a government regulated site as it ends in .net. The home page is not as visually appealing as the first site as it simply has one photo of the White House at the top of the page and the rest is simply text. The one thing this site has to offer over the other is that the page lists the same information both in English and in Spanish. As Spanish was declared the official alternative language of the Unite States in 2005, this shows an inclusivity to those who are more fluent in Spanish. The webpage is simple, merely providing hyperlinks to other pages within the body of the text. On the left hand side of the site are links to President News, History of the White House, and Public Comment. There are links to contact 11
CALR Graded Project Exam# 008823 and help; however, that is the entirety of the site. The first site provides a more visually appearing website that provides you with numerous links to information. It would appear to be more of a resource than that of the second site. If I was to choose which the more efficient website was and which would be best utilized, I would go with the government regulated site (the first website). There is the possibility that the information available on this site will be biased and single sided as it is moderated and reviewed by people within the government. You would be hard-pressed finding differing views on the site. However, it would be a good starting place to utilize. Once you have gathered some information, you can search the internet for differing opinions or other sides of the conversation. Section IV: Formulate a Search Request Research Question: Does the drug manufacturer need to disclose the side effects of the drug to potential patients? Search Query #1: disclose drug side effect: manufacturer” 12
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CALR Graded Project Exam# 008823 13
CALR Graded Project Exam# 008823 Search Query #2: drug side effects and disclosure. 14
CALR Graded Project Exam# 008823 Section V: Search and Retrieve Primary and Secondary Legal Materials Part A: 17 Cal 3d 425 15
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CALR Graded Project Exam# 008823 Part B: Trump Wilshire Associates 17
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CALR Graded Project Exam# 008823 Part C: B018788 19
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CALR Graded Project Exam# 008823 Part D: Explain how to narrow your results and how to view your results. In order to narrow down the search results within LexisNexis, you must first be viewing the results from your initial search. Once the original results are pulled up, you can then click the “Narrow Search” box, enter a search, using terms and connectors, which represents a specific topic within the current results. You can repeat this step as needed with each new narrow search result if you wish to further narrow down the results from the first narrowed search results. The “Results” page displays your search results and includes additional features that can help you get the most out of them. These features are: Source and Terms Trail: The source and terms for your search are displayed in a “trail” in the upper left of the Results page. The trail shows the path you took to arrive at your results. Viewing Result Groups: You may use the “Result Groups” form to filter your results to a specific group of documents. Table of Contents/Index/Versioning Display: In “Document View” you may use the Publication Tool to display a document’s location within a publication. In addition to these features, you can also view the results in several different ways (without the additional manipulation as listed above): List; Expanded List; Full with Indexing; KWIC; and Custom. Part E: Describe the types of secondary materials that are available on Lexis Advance, and name five specific sources. Secondary resources are not the law, but they can be the best place to begin your research. These secondary resources help determine which primary cases, statutes, and regulations you need. Practitioners often use secondary resources to quickly evaluate 21
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CALR Graded Project Exam# 008823 their legal topic and better understand the laws that they read next. LexisNexis specifically provides the following types of secondary resources: 1. Matthew Bender Treaties 2. Martindale-Hubbell Law Digests 3. Legal Dictionaries 4. Law Review and Journals 5. Restatements of the Law 6. Legal News Publications Section VI: Verify the Accuracy of Case Law and Statutes 217 B.R. 598: According to the LexisNexis symbol guide, a yellow caution sign indicates that one should take caution when using this case law as the decision has had some doubt cast on it. 22
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CALR Graded Project Exam# 008823 523 U.S. 574: According to the LexisNexis symbol guide, a yellow caution sign indicated that one should take caution when using this case law as the decision has had some doubt cast on it. 25
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CALR Graded Project Exam# 008823 Fed. R. Civ. P. 26: This case does not have a single warning symbol next to it in LexisNexis, indicating that the case is still in good standing. 27
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CALR Graded Project Exam# 008823 Section VII: Conduct Company and Financial Research Part One: Locate the company headquarters, address, and phone number for EBay, the online auction house The EBay headquarters are located in San Jose, California. The address to the headquarters is 2025 Hamilton Avenue, San Jose, California, 95125. The contact number for EBay’s Customer Service is 1 (866) 840-3229 while the phone number for their technical support is 1(866) 961-9253 Part Two: Print the first two pages of the latest quarterly (10Q) report for Dell Computer Corporation. 28
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CALR Graded Project Exam# 008823 References Britannica . (n.d.). Retrieved from Encyclopedia Britannica: https://www.britannica.com/topic/Dell-Inc Dell Computer Corporation - Company Profile, Information, Business Description, History, Background Information on Dell Computer Corporation . (n.d.). Retrieved from https:www.referenceforbusiness.com/history2/21/Dell-Computer-Corporation.html O'Malley, K. M. (n.d.). United States Court of Appeals for the Federal Circuit . Retrieved from http://www.uscourts.gov/judges/kathleen-m-omalley United States Senate Committee on the Judiciary . (n.d.). Retrieved from Questionnaire for Judicial Nominees: https://www.judiciary.senate.gov/imo/media/doc/KathleenOMalley- PublicQuestionnaire.pdf 32
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