Law Judicial System and Litigation Strategies
Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding.
Also, provide a graduate-level response to each of the following questions:
- Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?
- Cash Right Now, LLC provides very high interest loans to people with poor credit scores that have a high probability of defaulting on the loan. Many people do in fact default on these loans; however, Cash Right Now, LLC does make a substantial profit overall, even considering these defaults.
The people that borrow from Cash Right Now, LLC are unlikely to obtain credit elsewhere. Discuss if Cash Right Now, LLC’s business practices are ethical considering it charges much higher interest rates than traditional banks.
- Explain the concept of “stare decisis” and why it is important to the American legal judicial system.
- Explain the pros and cons of utilizing litigation to resolve a dispute as opposed to alternatives to dispute resolution.
[Your initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion].
[Your initial post should be at least 450+ words and in APA format (including Times New Roman with font size 12 and double spaced). Post the actual body of your paper in the discussion thread then attach a Word version of the paper for APA review]
Question I- Eddie Embezzler has worked for Betty Boss for many years as an accountant. During his employment, Eddie has taken thousands of dollars from Betty’s business. As a result, Betty has suffered. Did Eddie violate a criminal law, a civil law, or both? Explain.
Question II – Two (2) high ranking managers of Anrun Corp. know that the company’s revenue is rapidly declining. However, at a recent shareholder meeting, they tell the shareholders to expect record profits in the next quarter. Explain the three Blanchard and Peale questions that these two managers should have asked themselves before the shareholders’ meeting.
Question III – The appellate court decides that the trial court committed reversible error by including evidence found by law enforcement. Law enforcement discovered this evidence when committing a Fourth Amendment violation, which should have been excluded at trial. This inadmissible evidence was the lynchpin of the prosecutor’s case, which resulted in a conviction. Where does the case go from here? Is the Defendant free to go? Does it go back to the trial court? Does it go all the way up to the Supreme Court?
Questions IV – During the course of a divorce proceeding, the judge orders the husband and wife attempt to settle their custody dispute through the mediation process. During the course of the mediation, the husband tells the mediator that he has secretly been selling marijuana to their children’s friends. Ultimately, the mediation breaks down and the parties cannot come to a settlement. During the divorce trial, can the wife introduce the mediator’s testimony as evidence?