Legal Studies III_Chapter Eleven Assignment
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Houston Community College *
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Feb 20, 2024
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Chapter Eleven Assignment 1.
From the initial Westlaw screen, retrieve the case located at 465 U.S. 668 a.
What is the name of this case? Dennis LYNCH, etc., et al., Petitioners v. Daniel DONNELLY et al.
b.
Select “Selected Topics.” To which A.L.R. annotation are you directed? 107 A.L.R.5th 1 (Originally published in 2003)
c.
Retrieve the A.L.R. annotation. Which Colorado case is cited in the A.L.R. annotation? Give the case name only. State v. Freedom From Religion Foundation, Inc.
2.
Retrieve the case located at 890 F.3d 77 a.
What is the name of this case? Mark BURNS, Plaintiff–Appellant, v. Daniel F. MARTUSCELLO, Jr., Superintendent, Coxsackie Correctional Facility, Captain Shanley, Coxsackie Correctional Facility, Sergeant Noeh, Coxsackie Correctional Facility, Schwebler, Guidance Counselor, Coxsackie Correctional Facility, Brian Fischer, Commissioner of New York State Department of Corrections, Teresa Knapp–David, Director of Movement and Control, New York State DOCCS, McGlynn, Guidance Counselor, Coxsackie Correctional Facility,1 Defendants–Appellee
b.
Who delivered the opinion of the court? Which President appointed the judge? Hon. Rosemary S. Pooler; Pooler was nominated by President Clinton.
3.
Locate a 1989 U.S. Supreme Court case in which the defendant’s name is Sokolow. a.
Give the citations for the case. 109 S.Ct. 1581
b.
How does page 10 of the parallel U.S. Reports begin?
“each of them perhaps innocent" if viewed separately, "but which, taken together, warranted further investigation."”
c.
What icon would you use to set a KeyCite alert for this case? The bell Icon
4.
Select the appropriate databases and locate a 2018 U.S. Supreme Court case in which the plaintiff’s name is Masterpiece Cakeshop.
a.
Give the name of the case.
MASTERPIECE CAKESHOP, LTD., et al., Petitioners v. COLORADO CIVIL RIGHTS COMMISSION, et al.
b.
Read headnote 4 of this case. Select the “key” diagram. What is the first topic and Key Number that are listed? 92 Constitutional Law; 92(Constitutional Law) 92XIII (Freedom of Religion and Conscience) 92XIII(B) (Particular Issues and Applications) 92k1310 (In general).
c.
Select the first Key Number. What is the first case to which you are directed? NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC., et al., Petitioners v. Kevin P. BRUEN, in his official capacity as Superintendent of New York State Police, et al
. 5.
Select the appropriate databases and locate a Michigan Supreme Court case in which the plaintiff’s name is Fane. a.
Give the case name and citation. Connie FANE and Charles Fane, Plaintiffs–Appellants, v. DETROIT LIBRARY COMMISSION, Defendant–
Appellee. Karen L. Cox and Norman W. Cox, Plaintiffs–Appellants, v. Board of Regents of the University of Michigan, Defendant–Appellee. 465 Mich. 68
b.
Select the case. How does page 683 of the parallel Northwestern Reporter 2d begin? I do not see a page 683
c.
How many cases cite headnote 1? 33 Cases
6.
Locate 15 U.S.C.A. § 78u-1. a.
Generally, to which topic does this statute relate? Civil penalties for insider trading
b.
Review the notes of decisions following this statute. May an insider trader be ordered to pay prejudgment interest on the entire disgorgement amount of an innocent third party’s claims? Give your answer and cite a 2014 case (give the case name only) that supports your answer. Yes; SECURITIES AND EXCHANGE COMMISSION, Plaintiff–Appellee, v.Joseph CONTORINIS, Defendant–Appellant.
7.
Use the Popular Name Table for U.S.C.A. a.
What is the citation for the short title of the Adam Walsh Child Safety and Protection Act of 2006?
L. 109–248, July 27, 2006, 120 Stat. 587
b.
What statute relates to § 102 of the Public Law number for this legislation? Title I–Sex offender registration and notification act
c.
Access that federal statute. How many victims are identified in the statute? Not able to find. d.
After accessing the federal statute, select “History” and then “Legislative History Materials.” Review the July 2006 presidential signing statement for this legislation. How does the legislation make it harder for sex predators to reach children on the Internet? Not able to find. 8.
Select the appropriate database. a.
How many witnesses must sign a will in Minnesota? Signed by at least two individuals
b.
What statute governs your answer? 524.2-502 EXECUTION; WITNESSED WILLS.
9.
From your initial Westlaw screen, access Key Numbers a.
What topic and Key Number would you select to view cases generally relating to setting aside or revoking adoption? 17 Adoption, 17 413(7) > Particular subjects of review > Setting aside or revoking adoption.
b.
Select this topic and Key Number. How many cases discuss this issue?
45
10.
Select Secondary Sources and then Law Reviews and Journals. a.
Locate the Arizona Law Review. What is the title of an article by Natalya Shnitser.
Health Care Promises for Public Employees.
b.
Give the citation to a Spring 2003 article written by William H. Manz. Palsgraf: Cardozo's Urban Legend, Dickinson Law Review, Vol. 107, Issue 4 (Spring 2003), pp. 785-844. Manz, William H. 11.
Select Secondary Sources and then Black’s Law Dictionary. a.
Briefly, what is the definition of involuntary manslaughter? Homicide in which there is no intention to kill or do grievous bodily harm, but that is committed with criminal negligence or during the commission of a crime not included within the felony-murder rule.
b.
When you review this definition, what is the first treatise to which you are directed? Manslaughter
12.
Select Secondary Sources and then Restatements. Access the Restatement (Second) of Torts.
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a.
What is the general principle announced in section 496A?
Assumption of risk b.
Review Comment c.2. Generally, what does a spectator at a ballpark consent to? Those involved in sports and recreational activities willfully subject themselves to certain risks inherent in those sports and recreational activities
c.
Access the 1985 New York case cited in section 496A. i.
What was held in this case? In Arbegast v. Board of Educ, the Court of Appeals made a distinction between express assumption of risk, based on common-law contract principles, and implied assumption of risk, where culpable conduct applied.
ii.
How many citing references cite this case? 277 Citing Cases
13.
Select Secondary Sources and then Secondary Sources Index. Locate Texas Jurisprudence. a.
What is the general subject matter of Amicus Curiae section 1? An amicus curiae is a friend of the court who reminds the court or gives the judge what is believed to be the law or proper practice when the judge has doubts about the course which should be pursued or about what law is applicable,1 when the court is mistaken in a matter of law,2 or when the questions facing the court are unusual or novel.
b.
Must a court allow an amicus curiae to be heard?
It is wholly within the court's discretion whether an amicus curiae will be heard.
14.
Select Secondary Sources and then A.L.R. a.
Search for “entry into contract as ultra vires.” How many references are listed? 8,626
b.
Search using Boolean Terms and connectors. Use this search command: “ultra vires /10 contract or agreement.” How many references are listed? How many federal references are listed? 7
15.
From the first Westlaw screen, select Forms and then select American Jurisprudence Legal Forms 2d. a.
Locate a form for a merger of a corporation. What does section 9 of the form relate to? EXTRAORDINARY TRANSACTIONS
b.
What topic and Key Numbers are you given? 101Key Number Symbol3332 > Merger or consolidation of corporations of different states > In general
c.
What Am. Jur. 2d reference are you directed to relating to approval of mergers by shareholders?
§ 2234. Approval by shareholders
d.
What does the “Easy Edit” feature for this form allow you to do? Prepares the document to be downloaded
16.
From the first Westlaw screen, select Secondary Sources and then use the Secondary Sources Index to locate Am. Jur. Proof of Facts. a.
Locate an article that relates to shock therapy malpractice. Give its citation and identify its author.
Richard J. Kohlman, J.D. “Medical malpractice: Electroconvulsive Therapy.” 44 AMJUR POF 2d 499
b.
What does section 11 of this article provide? § 11. Elements of proof checklist Evidence of the following facts and circumstances will support a finding of medical malpractice in connection with electroconvulsive therapy where the plaintiff also alleges
17.
Review the Federal Rules of Civil Procedure. If no jury demand is made, who tries a case? Give an answer and cite the rule that governs your answer. Issues on which a jury trial is not properly demanded are to be tried by the court. But the court may, on motion, order a jury trial on any issue for which a jury might have been demanded. Rule 39. Trial by Jury or by the Court
18.
From the first Westlaw screen, select “Legislative History” and then select “Arnold & Porter Legislative Histories.” Select the Americans with
Senate Report NO. 101-116
19.
Locate C.F.R. Review Part 500 of Chapter V (Wage and Hour Division, Department of Labor) of Title 19 of C.F.R. a.
What is the definition of “migrant agricultural worker” for purposes of this Part? Migrant agricultural worker means an individual who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence.
b.
Can you email this section to yourself or another? If so, what icon would you select?
In Westlaw on the right side, select the “white envelope” and add the email address you wish to send to. Finally, select the “email” blue button.