Forum Discussion #7:  Criminal Procedure

As we have now looked at the “procedure” or “form” to follow as a chronologic, sequential pathway the legal system follows (including: criminal and civil courts, trial-appeals-supreme court levels) to reach a conclusion (judgment/decision).

 

Now let’s we will look at the “procedural” similarities and differences between “Civil Procedure” and “Criminal Procedure.”

 

For this Forum please list the major Phases and Specific Steps that are within each of the Phases… for example the initial phase for civil procedure is called “Pleadings.”

 

With civil pleadings are the “Complaint” filed by the Plaintiff, the Defendant gets “served” with a “Subpoena” (court notice to appear/respond), and the Defendant “answers” the Complaint…

 

What are the equivalent Phases and major steps within that phase for Criminal Law?

 

In other words, what is the initial phase in criminal court that parallels pleadings in civil proceedings?

 

Then, continue through the remaining phases of criminal procedure from arrest through trial and into post trial motions.

 

Lastly, compare the civil to criminal general procedure and identify the similarities and differences.

 

Post your Forum response on or before the due date… Blessings – Jeff Riolo

 

 

 

Forum Discussion Exercise 8: Criminal Law

 

From our reading we learned that there are two essential elements that establish traditional criminal liability. Remember, liability means legal responsibility and the typical legal remedy in criminal court are restrictions of freedoms, aka jail time, but can also include equitable remedies as well, such as restitution, when requested.

 

What are the two essential elements that establish traditional criminal liability?

List and describe briefly please…

 

What are the 10 common criminal affirmative defenses to typical criminal liability? List them please…

 

What are the Miranda and Exclusionary Rules?

Explain so others can understand what they are and why we have them please…

 

Now, why is it that most sexual offenders and child molesters are immune from criminal prosecution in many jurisdictions, such as former celebrity Bill Cosby was?

 

But, potentially Judge Kavanagh may not be immune from potentially lesser sexual assault charges in his home state of Maryland although as much or more time has elapsed?

 

Lastly, please elaborate on what are the fundamental differences between a criminal felony and misdemeanor criminal conviction?

 

Post your responses please…

Blessings – Jeff Riolo

 

 

 

Forum Exercise #9: IP

 

Intellectual Property (IP) is an area where disputes are escalating in importance and numbers due to the explosion of the tech industries. QUALCOMM has a battery of attorneys on staff full time to watch over and protect their IP. Just open the business section of any major City newspaper and see how many law suits are discussed daily!

 

With Congress focused on other agenda items the significant impact on Intellectual Property Law (IP includes 5 areas: patient, copyright, trademark, trade secrets, licensing…) the past few years IP dispute resolution has come largely via the Federal Courts. Why would Federal Court have jurisdiction over IP cases?

 

Briefly explain what is the purpose for each?

[Patient, copyright, trademark, trade secrets, licensing]

 

For each…

How do you get ownership?

What is the best form of evidence to prove IP ownership?

How long does each last for and can they be renewed?

What happens to them if ownership lapses or expires?

 

Now let’s look at these important cases that were decided over the past 12 months… Then, how 2018 is shaping up to as another very important year for copyrights in the courts.

 

A dozen cases made a notable impact and another six are ones to watch in 2018.

 

Copyright Law in 2017: 12 Big Court Cases to Know About:

http://www.copyright.com/blog/copyright-law-2017-12-big-court-cases-know/

Tom Brady, Walt Disney and the Unexpected Copyright Cases of Early 2018

http://www.copyright.com/blog/tom-brady-walt-disney-copyright-cases-2018/

 

Please pick one case from 2017 and one case in 2018, IDENTIFY the ISSUE AND legal RULE, and site the rule source…

 

Then, please tell the reader a little about each case and why it is important to business, society, &/or technology.  Blessings – Jeff Riolo

 

 

 

Forum Exercise 10: Contract Formation

 

As we know now, when you have a legal claim to peruse as an individual you will likely be in CIVIL Court. Whether it is State or Federal Civil Court is a question of jurisdiction.

 

As the Plaintiff, you start the legal civil process by filing a COMPLAINT.

The Defendant gets served the SUMMONS [notice] and provides an ANSWER.

If no answer / no show by the Defendant, then it is a “Default Judgment.”

 

In your Complaint, as the Plaintiff… you name the legal rules the defendant broke.

The laws broken are named in the Plaintiff’s complaint as CAUSE of ACTION(s).

In Civil Court these “cause of actions” [what caused you to sue] are probably either a TORT [intentional or unintentional] or BREACH of CONTRACT.

 

There can be more than one cause of action and usually are multiple reasons to sue someone else.

 

Remember, there are FOUR THINGS to consider prior to filing a civil law suit!

Do you have the money?   Time?   Can you win & is it worth it?  Any ADR available?

 

If you are going to sue, then you want to win!!!  So, follow the process to victory…

 

Should you sue for BREACH of CONTRACT, the first things you need to show, with evidence to back it up as proof is that there was or is in fact a CONTRACT established?

 

What are the FOUR ESSENTIAL ELEMENTS contained in the legally definition as “binding authority” in California Civil Court? Clearly name & describe each.

 

Any major exceptions?  List exceptions by individual element please…

 

Okay, now provide a list of “Affirmative Defenses” available to the Defendant even if in fact there was or is a Contract between the parties.

 

List a minimum of 5 please and prove a brief but accurate definition of each please.  [Hint: intoxication, infancy, mental impairment, Statute of Frauds, & Illegality are not correct as listed Affirmative Defenses since they are direct attacks to whether there is a valid contract and that is already settled if Affirmative Defenses are now on the table. This hint has additional value when applied to the first question prompt posed too :-]

Describe what “equitable cause of actions” are available to Plaintiff that go along well with situations here Contract law may not produce a fair and just result?

List at least 5 please….

 

Now list: the 4 essential elements to form a contract and Major exemptions to those essential elements… then, list Affirmative Defenses too.  Blessings – Jeff Riolo