Essay Instructions: Please answer questions 4, 8 and 9:
4. Bensusan Restaurant Corporation owns and operates a popular, large New York
City jazz club called ?The Blue Note.? Richard King owns and has operated a small cabaret also called ?The Blue Note? in Columbia, Missouri, since 1980. King?s establishment features live music and attracts its customers from central Missouri. In 1996, King decided to establish a website for the purpose of advertising his cabaret. King included a disclaimer on his website in which he gave a plug to Benusan?s club and made it clear that the two businesses were unrelated. He later modified this disclaimer by making it even more explicit and said that his ?cyberspot was created to provide information for Columbia, Missouri area individuals only.?
Bensusan brought suit in the U.S. District court for the Southern District of New York against King seeking monetary damages and injunctive relief. The plaintiff maintained that King had infringed on his federally protected trademark by calling his cabaret ?The Blue Note.? King moved to dismiss the complaint for lack of personal jurisdiction. He contended that he had neither engaged in business within New York nor committed any act sufficient to confer in personam jurisdiction over him by New York. The U.S. District Court agreed with King, and the case was appealed to the United States Court of Appeals for the Second Circuit. Should the Second Circuit affirm or reverse the District Court? Why?
Bensusan Restaurant Corporation v. Richard B. King, Docket No. 96-9344 (1997)
8. In this hypothetical diversity of citizenship case, federal law requires complete diversity of citizenship between plaintiffs and defendants and an amount in controversy greater than $75,000 in order for federal courts to entertain jurisdiction of an action. Tom Jones and Leonard Woodrock were deep-shaft coal miners in West Virginia, although Leonard lived across the border in Kentucky. Tom purchased a new Eureka, a National Motors car, from Pappy?s Auto Sales, a local firm. National Motors Corporation is a large auto manufacturer with its main factory in Indiana, and is incorporated in Kentucky. When Tom was driving Leonard home from the mine, the Eureka?s steering wheel inexplicably locked. The car hurtled down a 100-foot embankment and came to rest against a tree. The Eureka, which cost $17,100, was a total loss. Tom and Leonard suffered damages of $58,000 apiece for personal injuries. Can Tom sue National Motors for damages in federal court? Why? Can Leonard? Can Leonard and tom join their claims and sue National Motors in federal court?
9. National Mutual Insurance Company is a District of Columbia corporation. It brought a diversity action in the U.S. District Court of Maryland against Tidewater Transfer Company, a Virginia corporation doing business in Maryland. National Mutual contends that, for diversity purposes, a D.C. resident may file suit against the resident of a state. Tidewater Transfer disagrees. What should be taken into consideration in deciding whether the District of Columbia can, for diversity purposes, be regarded as a state?
National Mutual Insurance v. Tidewater Trasnfer Co., 337 U.S. 582 (1949)
Excerpt From Essay:
Essay Instructions: Please read each question carefully.
1. John Walker was arrested for Driving under the Influence of Intoxicating Liquor, drugs or both. You are a criminal defense lawyer and he consults you regarding representing him in court. He tells you that the week before your meeting with him, he was summoned to a hearing at the Department of Motor Vehicles to suspend his license. He tells you that he represented himself at the hearing, and he believes the hearing officer made several erroneous decisions that resulted in his license being suspended. He wants you to appeal the decision. He then pointed out the following perceived errors.
First, the hearing officer admitted the investigating police officers report, which Walker believed contained hearsay evidence that cannot be admitted in a judicial proceeding. The police report did contain a statement by a witness who told the police officer that Walker turned to him after the accident and said, “Man I’m really drunk, I should never have driven this car tonight.”
Walker’s second complaint to you is that there was no way the hearing officer could conclude at the end of the hearing that the evidence proved beyond a reasonable doubt that he was drunk.
Explain to Walker whether or not the issues he identified would likely result in the hearing officers rulings be overturned
Select the best answer and write the letter of your response on the line provided.
4. In order for Evidence to be admitted it must meet a three- part test. Identify the three elements of the test and provide a brief explanation of each element.
5. Meghan Meehan graduated from the University of New Haven with a degree in Forensic Science 10 years ago. After she graduated she was hired to work at by the Connecticut State Police Forensic laboratory in the firearms section. When she began working at the laboratory she received on the job training in firearms identification consisting of working closely with a well- respected firearms examiner. Since that time she has conducted over 2,000 identifications of evidence relating to firearms, and has testified in well over 800 criminal trials regarding her comparisons. She is also an adjunct professor at the University of New Haven in the Forensic Science Graduate program.
She is called to court to testify in the case of State v. Jones, regarding ballistic evidence comparison she conducted in the case. Jones was found to be in possession of a .38 caliber handgun that Ms. Meehan compared to a bullet removed from shooting victim Sneade’s head. She testified that beyond any doubt the bullet removed from Sneade’s head was fired from the gun of Jones. The defense attorney objects to the testimony of Meehan because she is not qualified to offer such a conclusion.
You are the prosecutor how will you respond to this objection?
6. During the course of Meehan’s testimony in the above mentioned case she also testifies regarding the method she used to identify the bullet removed from Sneades’ head and compared to the bullet. She explained that the Connecticut Forensic laboratory has developed a new machine to aid forensic scientists in the identification of ballistic evidence. The machine is named Ballistics and tool mark Identifier. The machine is currently being used in 10 forensic laboratories throughout the United States.
The defense attorney objects to the introduction of the results of the comparison by this relatively new technology.
You are the prosecutor, and you intend on showing the reliability of this machine. You have met with Ms. Meehan prior to trial and have received information from her regarding this relatively new technology. What will you need to demonstrate to show that the court should accept the test results of the new machine? Describe the test and apply any facts to support the machines admissibility.
7. You are a criminal defense attorney and a new associate of your firm, Jack Adams comes to you for advice. He is representing Joe Smith who is on trial for sexual assault of Sally Jones. Adams discovered that the victim, Sally Jones is a well-known prostitute in the New Haven, Connecticut. Joe Smith told Adams that he did engage in a sexual act with the victim, but that it was consensual, and that the victim agreed to engage in the act with him, after he provided her with cocaine.
The medical records that the prosecution provided to Adams showed that cocaine was found in the victim’s blood, and a sexual assault kit showed that there was a mixture of DNA found on the victim’s underwear. One DNA profile was identified as that of the defendant Joe Smith, the other DNA profile recovered from the underwear was not identified. Adams asks you whether or not he will be able to introduce evidence that Sally Jones is a prostitute, and how he can get that evidence admitted at trial. Advise Adams if he can get the evidence admitted, and what Federal Rule of Evidence applies to such evidence.
8. Sam Adams and his wife and two children were driving on I-95 southbound hearing toward New York, everyone in the care except Sam was wearing their seatbelt. John King entered I-95 Southbound heading north, causing his car to collide with Adam’s vehicle. Sam Adams is ejected and suffered a traumatic injury when the car landed on his lower body. When Trooper Jones arrived with other emergency personnel they move Adams’ family away from the car and try to get the car off of Sam. Sam looks up at him in extreme pain, and Jones tells him, “Do you realize you are about to die, and have little hope of recovery? I have to know now what happened? Adams replies, “If that’s the case get my wife and kids over here now, and did you know that guy was driving the wrong way? Before Adams’ wife and kids come over to where Sam is lying, Sam dies.
Sam Adams’ wife files a wrongful death suit against John King and during the trial Trooper Jones is called to the stand to testify. The attorney for the Adams family asks Trooper Jones, “Did Sam tell you anything before he died?” The defense attorney yells out, “Objection.” What is the basis for the objection, and will Trooper Jones be able to testify to what Adams said before he died? Answer fully.
9. Robert Mullberger gets into a taxicab and points a .357 caliber handgun at the driver and says, “Your money or your life.” The cabdriver gave him $150, the total proceeds of his earnings, and Mullberger gets out and walks away. The police responded to the robbery call using lights and sirens. When the officer spoke to the cabdriver, the cabdriver described the suspect as a white male 6’9” tall, thin build, wearing a flowered shirt and blue jeans. The officer immediately put the broadcast out over the police radio.
Mullberger at this time was four blocks from the robbery and heard the police sirens and panicked. He cut through the Lincoln Elementary School yard and hid the gun and money stolen from the cabdriver behind some bushes. He was less than a block away from the schoolyard when Police Officers, Eddy Mahoney and Sam Goody see him. They stop Mullberger and call for backup, and tell the officer investigating the robbery to bring the victim to their location. When the cabdriver arrives he positively identified Mullberger as the person who robbed him.
Mullberger is then promptly placed in handcuffs and placed into the rear seat of the police car, and the doors are promptly locked. The cruiser also has a cage separating the front and backseat. Police Captain Pete Frampton arrives on scene and congratulates Officer Mahoney and Officer Goody for doing a good job apprehending Mullberger. Captain Frampton then instructs them to drive Mullberger to the detective division and says, “Whatever you do, DO NOT say anything to him about the robbery.”
They get in their patrol car and Mahoney turns to Goody and says, “You know Goody, between here and where the robbery happened there is an elementary school, I hope that none of those kids gets their hands on the gun and hurts themselves.” Before Goody replied to Mahoney, Mullberger says, “Okay copper I’ll show you where I dumped it, take me to the schoolyard.” Mullberger then takes them to where he dumped the gun and money.
Prior to trial Mullberger’s lawyer files a motion to suppress the statement made by Mullberger claiming the statement taken from Mullberger was a violation of his Constitutional Rights. You are the prosecutor how will you respond to the argument, and what is the likely result?
10. You are the prosecutor trying to convict Mullberger for the robbery of the cabdriver. While you are preparing the case, you learn of three prior robbery cases that involved other cabdrivers. The method used by the perpetrator included the same types of incidents as described. The cabdrivers were all called by an anonymous person to meet at them at same location Mullberger met the cabdriver on the day he was arrested. The perpetrator used the same type of gun used by Mullberger, and the perpetrator used the same words, “Your money or your life” when the robbery was committed. The problem is the other cabdrivers (three different cabdrivers) could not positively identify Mullberger.
You have the police charge Mullberger with the three other robberies, and you intend to use the evidence of the prior robbery against Mullberger to prove that he committed the three unsolved robberies.
What is the likelihood that you will be allowed to introduce the evidence from the case where he was arrested by Mahoney and Goody? Explain your answer fully.
11. A local grocery store is robbed at gunpoint. The perpetrator is clearly seen on the store’s video surveillance camera entering the store wearing a ski mask and carrying a shotgun. As he is leaving the store he takes the mask off right in front of the camera and when Officer Jones looks at the video he recognized the perpetrator as Tom Jones. The videotape is entered into evidence and Jones is arrested. At his trial Jones objects to the showing of the videotape as a violation of his 5th, 6th, and 14th Amendment rights. Jones also claims that the videotape cannot be used because of chain of custody issues. Will the tape be allowed into evidence? Explain fully.
please folow this format to write the paper
Issue- What evidentiary issue is presented.
What is the Rule that applies to the issue presented.
Applicability-Explain how the rule and/or exception applies to the facts presented.
Your conclusion as to whether/not the evidence is admissible.
There are faxes for this order.
Excerpt From Essay:
Essay Instructions: Essay Prompt: In "art cinema as a mode of film practice" david bordello identifies characteristics shared by art films from across national boundaries and aesthetic traditions. to what degree are influences amongst art films evident in the films listed below? choose either The Bicycle Thieves of The 400 Blows (i would prefer you choose the 400 Blows) and discuss its influence on either Tom Jones or Loves of a Blonde. what historical elements might explain the continued influence of these films? look at Balio's The Foreign Film Renaissance on American Screens to support the historical claims.
please do not include any outside sources other than the ones i have provided. please let there be a clear thesis statement, and please use information from my lecture notes along with detailed examples from films listed below and in the prompt. and please go about organizing the essay by following the separate questions in the prompt.
the 400 Blows
Loves of A Blond
i will be sending in lecture notes to help in the writing along with a syllabus that will show the reading material you may use in writing the essay. focus on readings from january 25 to march 4th. especially Bordwell's (jan 25) essay.
you might find some important information on the discussion notes.
There are faxes for this order.
Excerpt From Essay:
Essay Instructions: What Is religion?
By Frederick J. Streng
An African proverb, from the Ganda tribe in central Uganda, states, "He who never visits thinks his mother is the only cook." As with most proverbs, its meaning is larger than the explicit subjects referred to ? in this case food and visiting. It suggests that a person is much the poorer for not having had exposure to and acquaintance with the ways of other people.
All of us have had some acquaintance with religious people, just as we have tasted our mother's food. But do we really understand very well what it means to be religious? The "Father of the Scientific Study of Religion," Max Mueller, once said: "He who knows one religion understands none." That is perhaps too extreme a statement as it stands, and yet it says about the study of religion what the African proverb says about the knowledge of life in general ? that we sacrifice much if we confine ourselves to the familiar.
If a visit is to be fruitful, the "traveler" must do more than just move from place to place. He must respond to what he sees. But what is it that shapes the way we respond to new experiences? Our perception of things is often colored by our previous attitudes toward them. In this case, what do you, the reader, expect from an exposure to various expressions of religion? What sorts of things do you expect to see? How do you think you will respond to them? If you were asked to define, illustrate, or to characterize religious behavior, how would you do so? The answers to these questions, of course, reflect your preconceptions. To become conscious of your preconceptions, ask yourself the following four questions:
Does your definition reduce religion to what you happen to be acquainted with by accident of birth and socialization? Perhaps that goes without saying. It may be true of anyone's "off-the cuff" definition of reli?gion. However, we ask this question to encourage you to consider whether your definition has sufficient scope. Is it broad enough to include the reli?gious activities of human beings throughout the world? In surveying uni?versity students we have commonly gotten responses to the question, "What is religion?" as follows: "Being Christian, I would define it [religion] as per?sonal relationship with Christ." "Religion [is]: God, Christ, and Holy Ghost and their meaning to each individual." Other students think of worship rather than belief. In this vein, one edition of Webster's dictionary, in the first of its definitions, describes religion as "the service and adoration of God or a god as expressed in forms of worship." If we were to accept any of the above definitions, many people in the world would be excluded ? people who regard some of their most important activities as religious, but who do not focus upon a deity. That is to say, not all religions are theistic. It remains to be seen, of course, whether and to what extent this is true. But let us all be warned of taking our habits or our dictionary as the sole resource for defin?ing religion. In some areas, the main lines of significant understanding are already well established. Therefore we have no serious quarrel with Web?ster's definition of food as "nutritive material taken into an organism for growth, work, or repair and for maintaining the vital processes." But in reli?gion, interpretive concepts are more problematical. Therefore we are suspi?cious of the adequacy of the dictionary's definition of religion.
Another common way to define religion is to regard it as "morality plus stories," or "morality plus emotion." These are ways of asserting that reli?gion has to do mainly with ethics, or that its myths merely support the par?ticular views of a people. There are, of course, persons for whom religion has been reduced to ethics, as when Thomas Paine stated (in The Rights of Man): "My country is the world, and my religion is to do good." But we should be cautious in assuming that this testimony would do for all religious people.
A final example of a definition that begins with personal experience is one that claims: "Religion is a feeling of security"; or, as one student put it: "Reli?gion is an aid in coping with that part of life which man does not under?stand, or in some cases a philosophy of life enabling man to live more deeply." In locating the basis of religion in man's need for a sense of secu?rity, this approach suggests that the deepest study of religion is through psy?chology. It has been dramatically expressed by the psychiatrist and writer C. G. Jung when he wrote: "Religion is a relationship to the highest or strongest value . . . the value by which you are possessed unconsciously. That psy?chological fact which is the greatest power in your system is the god, since it is always the overwhelming psychic factor which is called 'god.'" Although this understanding of religion expresses a very important point, many theologians and religious philosophers point out that an interpreta?tion that reduces all of religious experience to psychological, biological, or social factors omits the central reality exposed in that experience ? the Sacred or Ultimate Reality. Thus, a student of religion should keep open the question of whether a familiar interpretation of religious life that fits into a conventional, social science perspective of man is adequate for interpreting the data.
Does your definition reflect a bias on your part ? positive or negative ? toward religion as a whole, or toward a particular religion? There are many examples of biased definitions that could be cited. Some equate religion with superstition, thus reflecting a negative evaluation. One man defined religion as "the sum of the scruples which impede the free exercise of the human fac?ulties." Another hostile view of religion is to see religion as a device of priests to keep the masses in subjection and themselves in comfort. Simi?larly, Karl Marx, while not actually attempting to define religion, called it "the opiate of the people," again reflecting a bias against (all) religion.
Still others, in defining religion, are stating their concept of true religion as opposed to what they regard as false or pagan faiths. Henry Fielding, in his novel Tom Jones, has the provincial parson Mr. Thwackum saying, "When I mention religion I mean the Christian religion; and not only the Christian religion, but the Protestant religion; and not only the Protestant religion; but the Church of England." Some Christians assume that their personal con?viction comprises a definition of religion, so that religion is regarded as "the worship of God through his Son Jesus Christ,"or "a personal relationship with Christ." A Muslim can point out that the essence of religion is to make peace with God through complete submission to God's will, a submission that he will insist is brought to fulfillment in Islam. (In Arabic the word "Islam" means "submission," "peace," "safety," and "salvation.")
Therefore the student interested in reflecting on religious experience that includes more than a single institutional or cultural expression should remember the distinction between descriptive (neutral) and evaluative defi?nitions. A descriptive definition attempts to be as inclusive as possible about a class of items, such as religious forms. An evaluative definition, on the other hand, reflects one's own criteria for truth or falsity, for reality or illu?sion. In "visiting" religious people, we suggest that you delay making an evaluation until you have understood why their expressions and processes have profound meaning for them ? however strange those expressions may seem to you. In the final analysis, each person must evaluate different religious alternatives; but one of our goals in bringing together the material in this volume is to provide you with a variety of options ? a variety that is reduced if you limit religion to any single historical expression.
Obviously the believer who advocates one religion to the exclusion of all others differs sharply from one who rejects all. Nevertheless, if either accepts his own convictions about what is best or worst in religion as a description of what religion in fact is everywhere and for everyone, he exhibits a com?mon indifference to unfamiliar, and therefore potentially surprising, reli?gious patterns. As a believer (or skeptic), you have a right to declare your own understanding of what is most important, most real, in religion. This declaration is, in fact, essential, for it guides you in your quest for whatever is most real in life. As a student, on the other hand, you have an obligation to carry your studies as far as necessary to include relevant data. In this role, your obligation is not only to your own perception of value but also to a common world of understanding in which men of many religious persua?sions can converse with each other.
Does your definition limit religion to what it has been in the past, and nothing else, or does your definition make it possible to speak of emerging forms of religion? In asking this question, we should observe two striking facts of the history of religion: there was a time when some present religions did not exist, and some of the religions which once emerged no longer exist (for example, the Egyptian and Babylonian religions). Human history, then, has witnessed the emergence and abandonment of several religions.
Even religious traditions that have maintained a sense of continuity over vast stretches of time (Hinduism, Buddhism, Judaism, Christianity, for exam?ple) have undergone important changes. Is it really as obvious as we tend to think that they are essentially the same now as they were at their origins? Do the terms naming these traditions even today point to a single entity, how?ever complex? You are familiar with at least some instances of religious war?fare within the Christian tradition. Roman Catholics have persecuted and killed Lutherans; Lutherans have persecuted and killed Calvinisrs; Calvin-ists, Anglicans; Anglicans, Quakers; and most have returned the act with interest. Are all of these groups expressions of "the one true church"? Are some more Christian than others? Is there only one form of Christianity? Are new movements violations of the tradition? Or is the one who speaks to his own time the one who is most faithful to the genius of his tradition? These questions can be asked of all religious traditions. All have experienced change and diversity. Furthermore, it seems likely that this will continue, and that new religious traditions will emerge. Therefore, the conventions of the past cannot be regarded as the limits of future religious forms.
In part because history has witnessed the emergence and internal changes of many religions, anthropologists and cultural historians commonly sug?gest that religion (and human culture in general) has attained only its ado?lescence. Likewise, philosophers and religious thinkers in both East and West point to the anxiety and tensions today that are expressed in political, social, economic, and intellectual upheaval. They raise a question of whether or not man's moral, psychic, and evaluative resources can catch up with his self-destructive potential seen in technologically advanced weapons and psychological-chemical techniques for social control. The most hopeful of these philosophers perceive the present turmoil as a lack of "maturity" in human consciousness, and express the hope that it is not too late (quite) to change the direction of man from self-destruction to self-fulfillment.
From this perspective most of mankind's experience is still in the future. The history of religious life to the present is only a beginning. But the basis of these projections is the recognition that man's survival requires him to recognize religious dynamics and processes for evaluations as major forces in human life. Should not a definition of religion aid us in looking at con?temporary phenomena to see if any new ways of being religious are emerg?ing? At least it should not inhibit persons with an interest in this matter, and we think an introduction to religion should encourage such reflection.
Does your definition have sufficient precision? Are there any limits to the scope of religion, or are the limits so vague that they fail to mark out an object of study? In an attempt to be as broadminded as possible, many def?initions are like a student's statement that religion is "the means man has of coping with his world." Or they are similar to the claim that religion is "believing in a way of life which involves understanding and caring for oth?ers," or "religion is love." Such definitions tell us a good deal, but without some qualification they might refer to many other expressions of human life than specifically religious ones. In order to find a focus and a set of limita?tions at the outer circumference of that focus, we need to designate what are those essential elements of religion that will expose the religious meaning of the evidence we look at.
When one has "visited" (seen) a wide range of religious life, from all parts of the world and throughout human history, it becomes apparent that reli?gion is a way of life that involves many processes ? all of which, in differ?ent ways, are directed toward a common end. The goal is to reach a state of being that is conceived to be the highest possible state or condition. Religion is the general term for the various ways by which people seek to become changed into that highest state. We understand religion as a means toward ulti?mate transformation. By this we are not claiming that every activity you think of as religious will in fact transform you ultimately. It might, but that is not our point. We mean that any reasonably specific means that any person adopts with the serious hope and intention of moving toward ultimate transformation should be termed "religious." We think it possible to speak of all religious activity (Eastern and Western, past, present, and emerging) without reducing religion to what is merely familiar to us and without put?ting a value judgment on one or more religions.
Read the article and answer the following questions in an essay: 1. In the passage, religion is defined as a "means toward ultimate transformation". Describe your concept of religion as specifically as possible. Where did the concept originate for you? How did it evolve as you have matured? Explain the reasons or experiences tht support your concept. 2. Evaluate your concept of religion by answering the following four questions: o "Does your definition reduce religion to what you happend to be acquated with by accident of birth and socialization?" o " Does your definition reflect a bias on your part -- positive or negative -- toward religion as a whole, or toward a particular religion?" o Does your definition limit religion to what it has been in the past and nothing else, or does your definition make it possible to speak of emerging forms of religion?" o "Does your definition have sufficient precision?"
Excerpt From Essay:
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