Hello students! In a “reply” to this post, please answer ONE of the following questions at the end of ch. 5 (p. 143): the Ethics Question (there’s only one), OR Practice Question 3, any part (a, b, c, d OR e) OR Practice Question 4, any part (a, b, c, OR d)! You can use this link to the text of the U.S. Constitution 00 scroll down to find the amendments (including the Bill of Rights). PLEASE identify what question you are answering, and either rewrite the question, or answer it in complete sentences that show us what the question asked! For example: “Practice Question 3.a: The amendment that gives US citizens to the right to freedom of the press is the ___ amendment. The relevant language of that amendment is: ‘Congress shall make no law . . . [fill in the rest]'” You can use this link to access the text of the
Click “leave a reply” below or the comment bubble above, then write your answer! Thanks!
Identify the type of law that applies in the following scenario: An official of the state department of natural resources learns that the Ferris Widget Company has violated the state’s Hazardous Waste Management Act. The official issues a complaint against the company for not properly handling and labeling its toxic waste.
The answer to this question is Administrative Law because it was the Administrative agency that made the rules and they are the ones that investigate and issue the formal complaint.
Look at the U.S constitution in appendix I of this text, Identify the amendment and quote the relevant language in the bill of rights that gves U.S citizens the following protection and rights.
Question 3b) The amendment that protects us from excessive bail and fines is the eighth amendment. The relevant language of that amendment is: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Question 4c) The hypothetical scenario given, represents the fourth amendment being violated. The police entered and searched a home without consent or a warrant. They searched the house based off of a stereotypical/bias judgment.
Question 4D: This scenario shows the second amendment being violated. By the local government banning handgun possession in the home, its violating the second amendment of guaranteeing the right to keep and bear arms.
Ethics question – Carlos and John have violated Rule 1.1: Competence. While Carlos was the one who was researching about the current state statutes and its requirements, and gave his supervising attorney the incorrect information, John should have double checked to verify everything was correct. As the attorney, it was John’s obligation to provide competent representation to his client, which he failed to do
Ethics Questions #4 (C) and ( D )
Identify the constitutional amendment being violated in the following hypothetical situations:
#4c The local police decide that because a house is located in a poor neighborhood, it must be a crack house. The police burst in, tear the house apart looking for drugs and finds nothing.
Answer: In this hypothetical situation, the Fourth Constitutional Amendment is being violated which protects from unreasonable searches and seizures without probable cause or a Warrant from a judge by the Government or Police enforcement. The Police made an assumption based on the low-income area and the demographic statistically are Black, Hispanic, and Asian communities, which is also racial profiling and violates the Fourteenth Amendment indicating that no state shall “deny to any person within its jurisdiction the equal protection of the laws”, just because it was a poor neighborhood they also have rights for equal Amendments like everyone else in the U.S and protection.
#4d A local government bans handgun possession in the home.
Answer: In this hypothetical situation, the Second Constitutional Amendment is being violated which protects our right to possess a firearm or bear arms for self-defense within the homes or in the general public if necessary “shall not be infringed.” Banning guns, in general, has been such a controversial matter in recent years, because of violence and school shootings, perspective to ban firearms differs, however, ONLY the U.S Congress can regulate gun control, and not the Local Government. They have no jurisdiction to regulate firearms because of public safety and the purpose of the Second Amendment is self-defense against circumstances where you feel like your life is in danger therefore, you need a weapon such as a handgun in your home or outside.
Question 3) look at the US Constitution, an appendix I of this text. Identified amendment and “the relevant language in the Bill of Rights that gives US citizens, the following rights and protections:
C) Protection against self incrimination:
As stated in the fifth amendment “ no one shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury”. This does come with exceptions.
I be answering question number 4D: Identify the constitutional amendment being violated in the following hypothetical situations:
Answer: The violation of the second amendment. Although the district complete restriction on handguns possession in the home now equates to a ban, U.S. resident still have the right to own and carry weapons under the second amendment for the purpose of keeping the home safe.
4c . “The police decide that because a house is located in a poor neighborhood , it must be a crack house. The police burst in, tear the house looking for drugs & find nothing.”
Constitutional amendment being violated: The 4th Constitutional amendment because this amendment protects people from unreasonable searches by the government. If the police wanted to search the house they would have needed a warrant but instead they bursted in the house based off of assumption and bias motive/judgment.
Ethics question pg:143 chapter #5
-Carlos and John breached their duty of competence since they failed to do the necessary research for their client’s case which will probably cause the client harm. Becoming a certified medical Marihuana user will not help her with the prosecution. John could be sued for negligence for causing harm to the client. John inadequately supervised Carlos( the paralegal) which caused faulty research.