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The Hate U Give

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The Hate U Give (2018) PG-13, 133 min, Cine, Drama.Stars Amandla Stenberg, Regina Hall, Russell Hornsby, Algee Smith. Directed George Tillman Jr. Release date 19 October 2018.

The Hate U Give is basically of a young girl named Starr who has a depth connection with her family but her father has set her and his family with certain rules in order to survive in this racism world.They are instructions on what to do in the event that he or they are ever pulled over by police, but to also not be ashamed of their identities as black children it’s called the Black Panther ten step programs. Starr lives in Graden Heights, a mostly poor black neighborhood and she attends a wealthy, predominantly white private school, Williamson Prep. Where she has a white boyfriend and acts as a totally different person from the when she is in Garden Heights in order to fit in and be accepted. At night she went to a party while being there she saw her childhood best friend from whom she hasn’t seen for years afterwards a gun goes out and Khalil decided to give her a ride home. However they get stopped by a white police officer Khalil, who is black, must exit the car and while outside the car, Khalil reaches inside his car to check in on Starr, and picks up a brush as a joke. The officer, thinking Khalil picked up a gun, fires three shots into Khalil, killing him. Therefore Khalil’s death becomes a major national news story. Leading to find the identity of Starr and deciding if she is a Garden Heights girl who will get involved with the violence in order to make justice. Or a Williamson Prep girl who stays hidden and remains silent with her opinions. Starr will also see who her real friends are, where their loyalties are and stand against her family making her stand by herself in order to heard and reclaim justice for Khalil because he’s one of many innocent who have died.

The story portrayed legal concepts addressed in this course or Civil Procedure this movie talked about a criminal law with a government (prosecutor) v. alleged wrongdoer (defendant), statutory law made by legislators, NY Penal Law and a veridictation beyond a reasonable doubt. They are looking for jail time for the police officer and justice for Khalil. This will take place in a Grand Jury to see if the cases indices which can perhaps lead to a NYC Criminal Court who is charge of misdemeanors and lesser offenses felony arraignments & preliminary hearings. They first have original jurisdiction authority a first court to decide a legal question case originate which is what is happening in this movie.The person will directly be involved in the case who will be directly affected by the outcome. There are also witnesses which Starr is a crucial one and a direct injured a suffered of loss and the need of the declaration of the court’s order to answer the disputed issue declaring if a certain law has been violated. There are also ethics basic concepts and fundamental principles of decent human conduct a professional responsibility legal and moral duty of a professional to apply her/his knowledge in ways that benefit the client, and the wider society. Protected by attorney client privilege prohibited from revealing certain info regarding representation of a client such as the client not. The benefit for wider society here is Black Lives Matter a justice for a black man and all the black community and a protection for Starr not reveling her name in the beginning of the case she requested for that because of her safety.

The events took place in the street it’s between a white police officer being either sentenced to prison or not for a fatal shooting of Khalil a black men. Where Starr must testify and use her voice so Khalil can have justice and not remain unvenged for his death. This is just in the trial courts stage. I think it actually portrays the legal field because first they interrogated the witnesses to see what happen, then they started the investigation and had set a date of court to see if the case will go forth or not. I will highly recommended the movie because the scenes get to you it’s something that makes you wonder why our society is like this, should we have faith and rely on our laws. Who does the law really benefit? All of these type of question come to mind and it’s sad we have to experience this mostly the black community it’s horrible because it something that is still going on in this century. This really affected my view or the law and interested in a legal profession because I want to be a change, a voice to the voiceless. I want to understand why those types of cases are justify and not the ones similar to them just the opposite a black man shooting a white man. Right now it makes me doubt our legal system that it’s unfair and unjustice because it’s not just the movie I see it outside in the media but I want to give the opportunity to see it from the other person shoes, see both sides in order to fully grasp and take a stand.

Court Observatiion

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The case I chose was people vs Lance Williams, which was fought on 19th nov,2020. The argument was based on whether defendant Mr.william’s control over gun that he used as self defense is under temporary lawful possession or not.So basically in the scenario, mr.william sees a guy named Carson outside of building, who he thought was following him.Then he went upstair and asked for safety from foe and his girlfriend, he claimed he believe Carson is in lobby waiting for him and he’s armed so foe gave his gun to defendant that helped him to go in lobby and use it if its needed. But when defendant entered in the lobby, he started shooting before even checking Carson out.The representer of defandant claimed that he has all his reason to prove that his using of gun was under temporary lawful possession because he believed he was in imminent danger,.and he can use gun as self protection. When the representer of state argued, that the moment defendant cleared that he wasn’t certain about Carson whereabouts but he just believed that he was there, defendant action will not have any lawful excuse. Therefore  he occupied somebody else’s gun and used it for blank shooting in a danger manner considered as illegal action.

 

According to me, Mr.william can’t use somebody else gun under this situation because he wasn’t in danger, it was more like he believed he is in danger. From feeling the imminent danger to shooting people in lobby was just based on his assumption that Carson will hurt him. When he himself said in testimony that he didn’t know where was Carson. He can use gun as self defense only if the person really in-front of him and made him a target. However beside the case swiping mode,The only Thing I found interesting is in argument is actually about the conversation process, it was very specific in certain clips that judge wanted yes or no for some question but the lawyer just can’t pick up one so he added another case to cover him up, which I found very intelligent. From the start it was very clear that defendant representer mr.briggs were very determined on proving his client’s innocence but then the state did a turning point with its rebuttal and it actually persuaded how defendant action from the start wasn’t right itself and then after shooting incident occured, how he tried to have potential confrontation by throwing away the main evidence.Even though the defendant side tried to explain it wasn’t anything like that but still it wasn’t enough persuasive.

Legal Source Entry

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Wiecek, William M. The Origins of the Law of Slavery in British North America. Yeshiva University, 1996.

From this legal source, I will mainly focus on chapter 4, “The Origins of Slavery in the Mainland Colonies A. New England”. Many Americans believe that Massachusetts was anti-slavery, however it was one of the earliests midland colonies to establish slavery. In Rhode Island, they attempted to ban slavery in their anti-slavery statute in 1652 that states, “Whereas, there is a common course practised amongst English men to buy negers, to that end they may have them for service or slaves forever; for the preventinge of such practices among us, let it be ordered, that no blacke mankind or white being forced by covenant bond, or otherwise, to serve any man or his assighnes longer than ten years, or untill they come to bee twentie four yeares of age, if they bee taken in under fourteen, from the time of their cominge within the liberties of this Collonie. And at the end or terme of ten yeares to sett them free, as the manner is with the English servants. And that man that will not let them goe free, or shall sell them away elsewhere, to that end that they may bee enslaved to others for a long time, hee or they shall forfeit to the Collonie forty pounds.” But this statute isn’t what it appears to be. Newport was not considered when the act was first created, and the port that was indicated in the slave trade, was the “slaving center” in the Atlantic slave trade until the nineteenth century. The statute was never enforced. The Rhode Island plantations were as big as 12,000 acres, and were worked by numerous enslaved Africans “who were strictly disciplined by colonial statute and local ordinance.”
In the first part of chapter 4 the author includes, “Because most Americans associate Massachusetts with antislavery, here is a poignant irony in the fact that it was the earliest of the mainland colonies to establish slavery.” Again, Massachusetts is mentioned in being the first or earliest to participate in racism. It was the earliest colony to establish slavery and it was the first state to suggest Jim Crow Laws. What does this show us? This gives us plenty of reasons to believe that America has tainted it’s history in order to seem liberal. The truth of Massachusetts isn’t taught in schools, and I, myself, is taken aback from information like this. Most northern states, if not all, have engaged in slavery.

Legal News Response

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The article I chose was called “Columbus Day Or Indigenous Peoples’ Day?” I’m not sure if the author is Leila Fadel but National Desk intern Megan Manata contributed to this report. This was written on October 14, 2019  for the NPR Daily Newsletter and was heard on the Morning Edition.https://www.npr.org/2019/10/14/769083847/columbus-day-or-indigenous-peoples-day

The article was about the reason’s explaining why the second Monday in October shouldn’t be called Columbus Day instead, Indigenous Day or another name that celebrates the Indigenous communities. Since it’s have been giving memory and honor to a guy who did a lot of damage to that community raping, genocide to their people, pillaging. We supposedly celebrate that day and that person because he found ‘America’, but technically speaking he didn’t even reach America. Their is a lot of controversial of what should happen to this day because Italians see it as a day where they can where finally safe and accepted ;other’s say we need find another way to contributes to all different kinds of people representation of this day for them. But the objection is clear changing the name everywhere eradicating Columbus Day so if can be; Indigenous Day people who were first in America, who where kick out wrongly, abused and killed all of this done by Christopher Columbus.

I 100% support this movement because instead of setting our history right we are telling lies and hurting the Indigenous communities. I didn’t know many of them went to our school’s and that they even had to hear of this man been spoken of with such praises and proudness over, what he supposedly did. I remember being in school and learning of him thinking he was this great man but little did I know the truth. The Native Americans even have to hear that a whole day is dedicated to this man everyone stopping what there doing to honor this man, that’s like a punishment to the Indigenous community when they should be the ones being celebrated for not Columbus. A change needs to be done extinguishing the suffering we keep putting the Native Americans in once and for all. A cruelty is being done towards them when they went through so much over a land they actually respect not like us, who destroy the land with global warming, forests being cut down, destroying animals homes etc. I see Italians point of view but they shouldn’t be identify to this man as a symbol to their country because of all the inhuman stuff he did to this people we need to amend the wrong of our past not just in one state but in all.

Leuthner V Homewood

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So if i understand this correctly, the plaintiffs argument was thrown out due to lack of personal jurisdiction because they tried to sue the hotel company in the supreme court of queens county New York when the husband was injured in the company’s hotel in Virginia. Does this mean the whole case is dismissed or can it be retried in another court? Would personal jurisdiction have been granted if they brought their suit to a Virginia court house? Also how can a hotel be held liable for a guests injury in a shower? so many questions!

Legal Issues in “Mother Tongue” by Amy Tan

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One legal issue that I identified in “Mother Tongue”, was when Tan’s mother asked her to talk to her stockbroker who refused to pay her. She explains, “…my mother was standing in the back whispering loudly, ‘Why he don’t send me check, already two weeks late. So mad he lie to me, losing me money.'”

The stockbroker took advantage of the fact that Tan’s mother was an immigrant whose English isn’t “clear”. He thought that because she didn’t understand English, he didn’t have to give her a check.

The legal issue that is displayed here is, discrimination based on race and work without pay

Structure of the Courts

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This chapter talks about how the court system and constitution works. It basically made up of three ranches which are legislative, executive, and judicial. checks and balances are basically to maintain equal power so one won’t get too powerful on another.   between these three branches and   Mostly federal government as more always and after having major powers whatever left goes to the state government and state government actually has to obey what federal desires them to do. There are three types of the court system which include trail(local), intermediate appellate, and the highest appellate court, which defines locally, state, and then federal level courts. The New York Court of Appeals is the highest court in the US state of New York. The Court of Appeals consists of seven judges. I have some questions that, in New York City can one county retaking someone’s case from a different county? and what is appellate division? As I was reading I came across that the country has 13 circuits in which one of them covers federal, how about the other 12?

Who I Am

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My name is Michelle Ramirez! I am a freshman in college. I wish to become a lawyer, which is why I chose to major in Law and Paralegal Studies. My plan is to be able to get a career in criminal justice law. Once i’m able to do that I would like to go back to school and be able to study civil rights law which is what i’m most passionate about. I’ve witness a lot of injustice happen right in front of me and it made me want to dedicate myself to being a voice to those who feel like they don’t have any. I’m really interested in working in activism. I had the luxury of interning with the New York Civil Liberties Union which helped me expand my knowledge as well as work with other activist and set up meeting with senators to help create a change. I also really love music! I was in my high schools symphony orchestra and I played Violin. I’ve been playing music for 5 years. I also play piano and clarinet! During quarantine i’ve picked up many hobbies such as embroidery and painting!

Who I am

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I am in the law and paralegal studies class because i want to become a family lawyer. My plan is to finish college with my bachelors degree and go to law school. I want to be a lawyer because id like to help those that needs someone to confide in and defend. Personally i just love to debate. And i have a strong feeling that law is for me.