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LAW January 30, 2013 1. What types of taxes do you/your family pay? 2. Where does this money go and what is it used for? February 14, 2013 Review Question: In 1999 a man went on a shooting spree at a shopping mall that killed 5 people. He was released from prison in 2011, two years before his scheduled release date because of good behavior. Prison psychologists have declared that the man has completely reformed. Earlier this month, the man attempted to buy a gun and obtain a concealed carry permit. He was denied. You are the judge on this case. Use the balancing test and your knowledge of the Bill of Rights to decide if the man’s Constitutional rights have been violated, and if he should be allowed to buy a gun/obtain the permit. February 18, 2012 The American Nazi Party planned a demonstration in the town of Skokie, Illinois. A large number of Skokie’s residents were Jewish and many were survivors of Nazi concentration camp[s during World War II. Many had lost relatives in the gas chambers. Because of this, many residents strongly opposed the Nazi demonstration in their town. The law required anyone seeking a demonstration permit to obtain $300,000 in liability insurance. However, this requirement could be waived by the town. The law also banned distribution of material promoting racial or religious hatred and prohibited public demonstrations by people in military-style uniforms. The Nazis challenged the law as a violation of their First Amendment rights. 1. Some people claimed that the purpose of the demonstration was to incite Skokie’s Jews and to inflict emotional harm rather than communicate ideas. Do you agree or disagree? Should the motive of the speaker influence whether a speech is protected by the Constitution? 2. Does the government have an obligation to protect the rights of Nazis and other unpopular groups, even if their philosophy would not permit free speech for others? Should Ku Klux Klan or Communist Party rallies have the same protection? 3. Was the law in this case neutral in its viewpoint? Explain. 4. How should this case be decided? In what ways, if any, should the town be able to regulate speech and assembly? February 20, 2013 A married male state senator running for governor had a reputation for dating women in the state’s capital city. The candidate’s wife and two children lived in their hometown about 200 miles from the state capital. The members of the press who traveled with the senator on campaign trips noticed that his wife seldom came along and that he dined late at night with one particular woman. The press decided to investigate further and discovered this woman leaving the candidate’s hotel room one morning. 1. Is it reasonable for the candidate to expect reporters not to disclose this information? Why/Why not? 2. Suppose a reporter also had information that the candidate used cocaine at a social gathering. Would you analyze his privacy rights differently in this situation? Explain. 3. Some states have laws requiring that a candidate reveal the source and amount of campaign contributions. Do these laws violate anyone’s privacy rights? February 26, 2013 1. What are some advantages/disadvantages of interpreting the Constitution as an originialist or as a living constitutionalist? 2. The Second Amendment is read as follows: A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. How would an originalist interpret the meaning of this amendment? How would a living constitutionalist interpret it? The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. February 28, 2013 1. Based on the facts that have been presented to you, if you were a juror, would you find Jodi Arias guilty? Briefly explain your reasoning. March 4, 2013 (All resemblance to actual people are coincidental) Jahred hires Stanner to carry out a hit on his wife in order to collect a large life insurance policy that he is the beneficiary of. Stanner asks his friend B’Lake if he can hide out at his house after the hit, to which B’Lake agrees. Stanner carries out the hit, but realizes he needs a way to flee the crime scene quickly. He jumps into the back seat of the first car he sees, pulls out his gun, and orders the unsuspecting driver, Deeno to drive away. Deeno, being a cowardly sort and fearing for his life, complies. 1. In this situation, identify the following parties to the crime (if they exist): Principal; Accomplice; Accessory before the fact; Accessory after the fact 2. Do any of the parties have an affirmative defense? Explain. March 6, 2013 Wilfred, age 75, has been suffering from cancer for 10 years. The pain associated with the cancer is severe and has become worse over time. Wilfred’s doctors say there is no treatment to either slow down the growth or reduce the pain. Wilfred asks Martha, his wife of 50 years, to relieve him of the terrible pain. He asks her to bring him a bottle of pills that will help him end his own life. Martha cannot stand watching Wilfred suffer anymore and gives him the pills. He swallows them all, slowly fades off to sleep, and dies. 1. If you were the district attorney, would you file criminal charges against Martha? Why or why not? 2. Regardless of your answer to number one, what do you think Martha could be charged with? What should her sentence be? 3. If the bottle of pills had been given to Wilfred by a physician instead of by his wife, would your answers be different? Briefly explain. WI Statute 940.12: Whoever with intent that another take his or her own life assists such person to commit suicide is guilty of a Class H felony Class H: Fine not to exceed $10,000 or imprisonment not to exceed 6 years March 19, 2013- Review Quiz Yasseah! 1. Ashy Larry steals a gun from a pawn shop in East Madison. He is stopped by police because they have the reasonable suspicion that he is the suspect (he matches the description of the perpetrator. Explain the major steps/procedures that will occur from this point up until the time of his arrest. 2. When is someone considered under arrest? 3. What rights do you have in the following situations (based on the Constitution’s 4th, 5th, and 6th Amendments) Consensual Encounters: Custodial Interrogations: Vehicle Search: Home Search: March 21, 2013 1. Number the following criminal trial events in the order in which they occur: Witness Questioning By Attorneys Closing Statement Initial Appearance Grand Jury Indictment Opening Statement Sentencing Arraignment/Plea Entering 3. What event would a plea bargain come right before? April 3, 2013 Theory: your side’s explanation of the events Theme: big idea/catch phrase that will stick in the jury’s mind (“jealousy,” for example) A man is arrested for the double murder of his wife and her lover. He was the person who reported the scene after he claims that he “found” them already dead when he went to confront them about their affair. There are no other suspects or witnesses. 1. You are a defense attorney. Describe a possible theory for your opening statement. 2. Describe a possible theme that the prosecution could use. 3. Describe a possible theme that the defense could use. April 11, 2013 What responsibilities/obligations (if any) do you have to other members of society? April 15, 2013 In the following situations, decide if a tort has occurred. Identify it as intentional, negligent, or strict liability 1. Sydney covers up an icy spot (that she created) on the sidewalk with snow so she can watch people fall from her window. 2. Sean punches Jonah in the face, causing him to fall into a container of radioactive material. Jonah now has an arm growing out of his head. 3. Quentin does grounds-keeping for a daycare center. One day, upon finishing his duties, he forgets to pick up his tools, leaving a hedge trimmer, weed killer, and an electric chainsaw on the slide in the kids’ playground 4. Blake fires a slapshot at the goalie during the hockey game. It is a terrible shot, and it flies over the glass and hits Brandon in the face, giving him a concussion. April 17, 2013 1. What are two examples of how the civil court process is different from the criminal court process? 2. A woman who spilled McDonald’s coffee on herself sued McDonald’s and was awarded $2.86 million in damages. Is this reasonable? Why or why not? 3. Should there be a limit to the amount of damages (money) someone can sue for in a civil trial? If so, how much/why? If not, why not? April 19, 2013 Mr. Grant is in Piggly Wiggly doing the weekly grocery shopping. His four year-old adopted son David is seated in the shopping cart. As they pass a large peanut buttER display, David reaches out and pulls a jar off the shelf. The display collapses, and a dozen jars come tumbling down. Some of the jars break, spreading peanut butter and glass all over the floor. Mr. Grant scolds David severely as he wheels her down the aisle. Ten minutes later, Mrs. Hightower slips and falls on the peanut butter. She breaks her hip in the fall and suffers several deep cuts from the broken glass. Because she is elderly, the hip injury develops complications and may never heal properly. 1. Whom should Mrs. Hightower sue for damages? Why? 2. Who, if anyone, was at fault in this case? Briefly explain. 3. Has a tort occurred? Explain why or why not. April 23, 2013 Jared is attacked by his neighbor’s Shih Tzu, Mr. Snuggles, while he is walking down the street. Jared sustains gruesome injuries, resulting in hospital bills totaling $3,000. He is also out of work for two weeks (his monthly salary is $1000). He and Mr. Snuggles also attend group therapy classes for ten weeks (one session per week at $100 per session). Because of the incident, Jared is now afraid of both dogs, and Snuggle fabric softener. He is made fun of at work, and his friends constantly refer to him as “The guy who got beat up by Mr. Snuggles.” There is even a Facebook page about the incident. When asked how much he would be willing to pay to go back in time and have the incident never occur, Jaredsaid “$100,000 and a copy of the One Direction CD.” 1. What are Jared’s monetary (economic) damages in this situation 2. What are Jared’s pain and suffering (non-economic) damages? 3. Who will be sued? Is this an intentional, negligent, or strict liability case? April 25, 2013 Helen Palsgraf was standing on a platform of defendant's railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station, bound for another place. Two men ran forward to catch it. One of the men reached the platform of the car without mishap, though the train was already moving. The other man, carrying a package, jumped aboard the car, but seemed unsteady as if about to fall. A guard on the car, who had held the door open, reached forward to help him in, and another guard on the platform pushed him from behind. In this act, the package was dislodged, and fell upon the rails. It was a package of small size, about fifteen inches long, and was covered by a newspaper. In fact it contained fireworks, but there was nothing in its appearance to give notice of its contents. The fireworks when they fell exploded. The shock of the explosion threw down some scales at the other end of the platform many feet away. The scales struck the plaintiff, causing injuries for which she sues. 1. Palsgraf sues the railroad company for damages because of negligence. You are the judge. What will you rule? Why? May 7, 2013 Use the credit card offer sheets to answer the following: 1. Find the following for card offer one AND two A-Annual Percentage Rate B- Grace Period C- Annual Fee D- Penalty Fee(s) 2. Your bill for credit card two closes on the second of each month. If you do not pay your bill off in full, what day will you start accumulating interest on? 3. Which card would you pick (assume you have to pick one)? Why? Bonus: True or False? If you have a balance of $100 on credit card one for one year, you will pay $12.99 in interest (assume it’s the first year you have the card) One last thing…what do you know about financial aid? (you don’t need to write it down) May 17, 2013-The LAST notebook question EVER! Stener is driving his Mercury Villager back to Stevens Point from Waunakee. He gets off the highway to stop at the creepy McCreeper Subway in Portage. At an intersection, his old nemesis, Jonah, zooms through a red traffic light and smashes into the back of Stener’s car. Jonah’s Toyota Corolla is totaled ($600). The Villager suffers $1500 in damage. Stener also goes to the ER to treat some bumps and bruises ($1200). Insurance Type Liability Comprehensive Collision 1. 2. 3. 4. Jonah 25/100/10 N/A $500 Deductible Stener 25/100/10 N/A $500 Deductible How much will Jonah’s bodily liability insurance pay? How much will Jonah’s property damage liability insurance pay? How much will Stener have to pay in this accident? How much will Jonah pay out of pocket to fix his car?