Answer all of the questions below. State your reasons, including the supporting law, for all of your answers. Each question is worth 25 points.
. Explain in detail each of the following pairs of terms and give an example of how each term is applicable in a legal case:
1. Common Law and Statutory Law
2. Criminal Law and Civil Law
3. Federal Question and Diversity of Citizenship
4. Trials and Appeals
5. Pleadings and Discovery
2. Dan Davis has been arrested, tried and convicted in Federal District Court of stabbing his wife with a knife after finding her “in bed” with his sister. While he was stabbing her, he called her numerous derogatory names which made reference to her new found sexual orientation.
Dan was convicted pursuant to a United States statute known as the Violence Against Women Act, which prohibited violence against women in any state or territory of the United States. He was sentenced to twenty years in federal prison under a section of the statute that allowed for a double sentence if the actions of the defendant were found to constitute a “hate crime”.
1. Present the legal arguments for the defense that the conviction and sentence should be overturned on appeal.
2. Present the legal arguments for the prosecution that the conviction and sentence should be upheld on appeal
3. Write the decision of the court setting forth the applicable law and reasoning for the decision.
3. Peter Peters was injured on the property of Simmons Ski Resort when he was thrown from a chair lift he was riding to the top of the mountain. His intention was to snow-shoe down a walking trail on the mountain. There is evidence that the chair lift operator was flirting with his fashion model girlfriend while he was operating the chair lift. All lift tickets issued by Simmons state that the ski resort will not be liable for any injuries sustained by guests of the resort. There is also a statute in Vermont, the state where Simmons is located, that prohibits lawsuits against a ski resort for injuries caused by the risks inherent in skiing.
1. State the LEGAL ISSUES raised by the facts above.
2. Present the legal arguments for Peters. Discuss and analyze whether or not all the elements of negligence are met.
3. Present the legal arguments for Simmons.
4. Who is more likely to win and why?
4. Darwin has been arrested for the possession of “child pornography” and “obscene material” on his personal laptop. The case began when a friend of Darwin’s noticed that he was viewing the material in his dorm room and complained to the Dean of Students at the state university they both attend. Darwin was immediately expelled and escorted from campus. His laptop was confiscated by security and turned over to the State’s Federal Prosecutor. He was charged with violating federal law against possessing “child pornography” and “obscene” material.
The alleged “illegal pornography” on his laptop consisted of:
1. Computer generated animated images of children engaged in sexual behavior; and
2. Video images of real adults engaged in explicit sex acts.
You have been retained to the assist Darwin’s attorneys.
Discuss all of the criminal and civil issues involved in Darwin’s case and the arguments of all of the parties involved.
Should Darwin be convicted? Why or why not?
Should Darwin be expelled? Why or why not?