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INSTRUCTIONS: 

Please write your answers to the following questions using the fact pattern or situation provided.  You may use all notes, handouts, texts, information from discussions to complete this Final examination.  If you are making any assumptions or clarifications to the fact pattern, please state your assumption/clarification in the answer of your paper.  There are three question sets containing multiple questions.  Each answer to a particular question set is worth 1/3th of the final examination.  Remember, this Final examination is worth 30% of your Final grade.  Also, please remember, this examination is intended to be an individual exercise, please do not discuss the examination with your classmates.  Do not collaborate on your answers with any classmate in any way.  If you have any questions about the facts or the examination, please contact me by using the miscellaneous discussion section on the course website.  Please turn in your answer through the turnitin.com final examination drop box listed in on this page in the week nine final exam assignments section.  Many of the answers may involve grey areas under international law.  It is as important to identify and explain the main legal issues within your answer as it is to conclude with one concrete general principle of law.  I am interested in how you get to your answer more than answers just stating a legal principle without an explanation.  Remember, legal analysis starts with is this a subject under international law? (Does this entity or individual have international legal personality?) And what is the particular source of law?  Your answers are due Sunday by close to midnight through the turn it in assignment website.  I need to have a quick turnaround on grades, therefore, please submit your final on time.

FACT PATTERN:

The states of Arno, Brio, Cana, Dena, and Geno are all nation-states and fully recognized by all other states under international law.  They are all members of the United Nations.  All the states are signators and have ratified of the Vienna Convention on the Law of Treaties except Cano (Cano has signed the text of the treaty but has not ratified the treaty).  All the states are signators and have ratified the main four Geneva Conventions governing humanitarian international law.  All states are signators on the Declaration of Human Rights.  All states are member states of the International Red Cross or Red Crescent.  All states are members of the Treaty of Rome with regards to the International Criminal Court.



Arno, Brio, Fina, and Ello

Arno is a nation-state made up of several ethnic groups including one minority ethnic group in the east of the country, Fina Group, which is an extremist military group.  Brio is a state that borders Arno and the Fina Group has often crossed into Brio in the past.  The minority group, Fina, is an extremist military group that encompasses both countries and has attracted citizens from many states to join the group for the cause of creation of a new state for Fina.  The region of Ello is a region within Brio that has people with a distinct homogenous ethnicity, culture and religion different from Arno, the rest of Brio and the Fina Group, but akin in ethnicity, culture and religion to the people of Cana.  Ello is a semi-autonomous region within Brio meaning the people of Ello run much of their own affairs, but are technically part of Brio and under the Brio federal government.  The state of Cana is an emerging power and borders to both Arno and Brio to the north of both states.  The state of Dena is the world economic and military superpower, but does not border Arno, Brio or Cana and is in fact in a completely different part of the world.  The state of Geno is a relatively important state with a good economy and military, it is a hegemon the region of Arno, Brio and Cana, but not considered a world superpower and does not direct border Arno, Brio or Cana.

Collective Security Agreement (CDG):

The states of Cana, Dena and Geno are all members of a collective self- defense treaty “CDG” that states that an attack on one state is considered an attack on all states and all states must come to the defense of the state attacked.  The states have all agreed to fund and support CDG with military troops and resources.  The CDG headquarters is in the in the capital city of Dena.  Cana has accepted the treaty terms with one reservation, because of the influence of the Fina Groups’ history with Arno and Brio, they will not authorize their troops and resources to act, even through the CDG framework, if Arno or Brio attacks another one of the member states.  Dena accepts the reservation, but Geno rejects the reservation as incompatible to the whole notion of having the CDG Treaty and Regime Collective Security Framework.  The CDG is active and has the full support of all the three member states.

Conflict Starts

For the past several months the Fina Group working within the borders of Arno and Brio has caused unrest in the Region of Ello within Brio.  In particular, the Fina group’s military has taken over towns within Ello (Brio) as well as operated in towns within Arno.  They are a heavily militarized group which has been accused of public beheadings, torture, as well as mass killings of Arno, Brio and Ello people within the towns the operation.  The government of Brio and the region of Ello have asked Cana, Dena, and Geno for assistance.  The State of Dena has authorized airstrikes in the area to assist Brio and Ello.  The States of Cana and Geno have not authorized airstrikes as of yet.  The State of Dena has gone to the United Nations to seek permission for permissible use of force in Arno and Brio.  However, the State of Dena has already started airstrikes over Brio before the United Nations was able to pass of Security Council action.

Please make sure you explain fully your reasoning when answering these questions including an analysis of international legal personality and source of law.

First question set:  Assume the facts up to this point for this question –

Does Dena have the international authority to conduct airstrikes over Brio?
You are the international legal counsel of Dena, what arguments do you make with regards to asking the UN Security Council to act? What issues do you anticipate any other country or side will make concerning UN Security Council Action?
What is the international legal status of the Fina Group and the region of Ello?


Additional facts to consider:

The troops of Fina Group start encroaching on and into the territory of Cana.  In fact, Fina has entered Cana’s territory in order to surround the Ello Region of the State of Brio.  Cana defends its territory by using its military to combat the Fina Group.  Cana asks Dena and Geno for assistances under the CDG Treaty.  Dena immediately sends troops to Cana to assist, however Geno refuses to send their military to assist.

Regardless of the international legal outcome of the first question set, please fully explain your answer and list all possible issues that the next questions pose, remember any legal analysis starts with determining international legal personality and the source or sources of law.

Second question set:  Assume all of the facts up to this point for this question –

You are the legal court clerk for Geno, explain all legal issues surrounding the CDG treaty and explain all treaty relationships. Can Geno refuse to use military force to protect Cana utilizing the CDG Treaty?  What rights and responsibilities to all states have under the CDG Treaty?  Are Dena’s troops legally in Cana under the CDG Treaty?
Arno, Brio and Ello are in support of Cana’s request and in fact want to write a joint brief in support of Cana compelling Dena and Geno to send military force. You are charged with writing the brief explaining the issues and the law.  What are the issues and the law?


Additional facts to consider:

Dena kills some and captures other Fina Group members while in Cana assisting Cana with the defense of its territory.  Several members of the Fina Group are brought to Dena, detained and interrogated and remain detained indefinitely.  The interrogation included some hard interrogation techniques including deprivation of food, water, sleep and isolation.  One Dena citizen is part of the Fina Group members detained and interrogated in Dena.  One Arno citizen is part of the Fina Group members detained and interrogated in Dena.  Arno has requested that its citizen be sent back to Arno from Dena; however there is no extradition treaty between Arno and Dena.  A human rights group within Dena has objected to the indefinite detainment and interrogation of the Fina Group members in Dena.

Regardless of the international legal outcome of the first and second question sets, please fully explain your answer and list all possible issues that the next question poses.

Third question set:

You are the legal counsel of Arno and your government asks - Do the detained members of the Fina Group in Dena have rights under international law, and if so, what are the rights? Does Dena have responsibilities to the detained members and what is the responsibility under international law?  You would like at least your citizen (Arno’s citizen) to come to justice in Arno under Arno laws. Make sure you list all issues surrounding international legal personality of the members, sources of law, jurisdictional issues, and any particular differences between Arno citizens of the Fina Group and other citizens.
The human rights group within Dena asks Dena to prosecute the Dena citizen of the Fina Group under Dena domestic law. Explain the arguments that the human rights group would make in this case including sovereignty and jurisdictional issues.  What would be the arguments of the government of Dena?  Make sure you list all issues surrounding this particular situation.
Brio has asked the International Criminal Court to bring the Head of the Government of Dena to justice under crimes against humanity for indefinite detainment and brutal interrogation rising to torture of the Fina Group members. You are a law clerk of the ICC.  Does the ICC have jurisdiction in this matter?  What factors should the ICC take into account to determine jurisdiction?  What factors should the ICC take into account to determine the case on the merits (the facts and the law)?  Make sure you explain your answers.

1762 Words  6 Pages

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Paper Instructions:

Your company is considering a decision of relocating to another country. You have been given the job of researching different alternatives for relocation. Your report will help the board decide where to relocate, and will help the employees know what to expect in a new country.

The company is considering Costa Rica, Saudi Arabia, and Germany. Your task is to review the legal system and policing style in these countries and produce a 3- to 4-page report in a Microsoft Word document addressing the following:
•What is the dominant policing style of each country?
•How do the police in each country deal with issues of human rights? Are there any protections in place for the citizens?
•Do the countries face any terrorism issues? Would a US company be at risk?
•Are there any activities that are legal in the United States but are illegal in the other countries?
•If an employee (or the company) were to be prosecuted for a crime, what kind of trial system (adversarial or inquisitorial) would be in effect?

After reviewing the three countries, conclude your report by explaining:
•Which country's police and legal systems seem to most closely resemble the systems of the United States?
•Which country would you recommend the company to choose? Why?

You may choose to address each of the above-mentioned points for all the three countries or review each country separately. The Central Intelligence Agency’s World Factbook is a good starting place for information on other countries.

Support your responses with examples.

Cite any sources in APA format.

 

266 Words  1 Pages

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Paper Instructions:

Examination and Arrest of Illegal Immigrants

You are an immigration officer assigned to a port of entry. A person presents himself for entry. You become suspicious and decide to examine him. However, you do not have a search warrant. You discover three passports, and, at that point, you arrest him, seize the passports, handcuff him, and place him in a holding cell.

A hue and cry is raised in the media because you searched an individual without a warrant. Your supervisors ask you to present a report justifying your actions.

Create a 2- to 3-page report in a Microsoft Word document that includes the answers to the following questions:

Explain the authority under which you searched him.

Explain the authority under which you detained him.

Does the detainee have any rights under the US Constitution?

What are the statutes involved in this case? Explain.

Do you think the end justifies the means? (You searched him without a warrant but found three passports on him). Justify your answer with examples and reasoning.

Analyze under what circumstances this case can be considered as a case of illegal immigration.

Would things have been different if the person was found with no passport? Why?

Support your responses with examples.

Cite any sources in APA format

220 Words  1 Pages

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Paper Instructions:

Please prepare a short IRAC summary http://www.lawnerds.com/guide/irac.html

- EACH summary should be approximately 200 words, for a total of 400 words for this assignment.
- Please use the court case and NLRB decision listed below ( numbers 1 and 2).
- Use appropriate legal citations as explained in the lesson.

1. Hartman Bros. Heating & Air Conditioning, Inc. v. NLRB, 280 F.3d 1110 (7th Cir. 2002).
2. Stericycle, Inc., 357 N.L.R.B. No. 61 (Aug. 23, 2011).

IRAC 
http://www.lawnerds.com/guide/irac.html 

Issue                        
What facts and circumstances brought these parties to court?  And then, what is the issue that is to be decided based on the facts presented in this case.

Rule                            
What is the governing law for the issue? (What is the general rule of law that is to be applied to the particular facts and issue in this case).

Analysis            
Apply the legal rules to these unique facts? What is the reasoning that the court used to apply the legal rules to the facts of this case?


Conclusion          
How does the court's holding modify the rule of law?  Has the court announced a modified rule of law that applies in the factual circumstances of this case? 



For Citation 

Basics of Legal Citation
The first part of any case citation is the name of the case. The name has at least one or more of the parties to the case. Some cases have a single name, for example In Re Yamashita or the NLRB case ATC Forsythe. Most cases have two parties, but some have more (particularly class actions which have multiple plaintiffs).

When you cite a case, the case name MUST be in italics or underlined (italics is more current, underline was more the format when typewriters were used). Pick either italics or underline and use it throughout your whole document. Use that name form EVERY time that you mention the case.

Next in case citation is typically something that looks like this - 152 NLRB 25. This is usually the legal source book where the case is found (in this case NLRB bound volumes), with the volume number first and the page number second. In this case, the volume is 152 and the page number is 25. Many cases have multiple volume citations, listing citations found in more than one federal volume, perhaps a Westlaw cite (look for WL in the cite) or a Lexis cite (look for lexis in the cite). For example, Harris v. United States, 382 U.S. 162, 167, 86 S.Ct. 352, 15 L.Ed.2d 240 (1965) lists 3 places where you can find the case—U.S. volumes, S. Ct. volumes, or L.Ed. volumes. In this course we will use the first location listed, in this example, the U.S. So you can cite this case as Harris v. United States, 382 U.S. 162 (1965).

When citing a decision you must cite the page number where the information you are referencing can be found. Using the prior example we want to cite page 167 where we found a quotation. We would cite Harris v. United States, 382 U.S. 162, 167 (1965). We have added a number that is called the pin cite. The first page number—162—is the page in the volume where the first page of the decision appears. The 167 that we added, is the pin cite and is the page where the specific quote is found. This is a very important number, because anyone reading the document needs to know exactly where to find the referenced information. You should include a pin cite for any specific material that you cite.

Since many of your decisions will involve administrative law—EEOC or NLRB—particularly more recent decisions, a few comments are appropriate. Most administrative law decisions have a single name as the title. Recent decisions are not yet included into a bound volume, and appear literally as slips of paper distributed to practitioners not long after the decision is made public. These decisions are called "slip opinions" or "slip ops."

Slip ops typically have three numbers—the volume number, the case number, and a slip op page cite. The volume number is the number of the bound volume in which the case will eventually appear. Cases are given case numbers in order of publication. The first case published or made public in a volume is No. 1, the second is No. 2. The page cite number is a bit complicated. In contrast with decisions found in bound volumes, which have a page number referring to the page where the decision first appears, the slip opinions have no bound volume page number. For that reason, pin cite citations in a slip opinion refer to the actual page in the slip opinion, which will typically be a low number like 1 or 4 or 16.

For example, a case citation like, St. George Warehouse, 351 NLRB No. 42, slip op. at 3, will appear in the 351st Board volume, the case was the 42nd issued during the volume period, and the particular proposition, holding, or quotation cited was found on the 3rd page of the slip opinion.

 

871 Words  3 Pages

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Paper Instructions:

Examination and Arrest of Illegal Immigrants

You are an immigration officer assigned to a port of entry. A person presents himself for entry. You become suspicious and decide to examine him. However, you do not have a search warrant. You discover three passports, and, at that point, you arrest him, seize the passports, handcuff him, and place him in a holding cell.

A hue and cry is raised in the media because you searched an individual without a warrant. Your supervisors ask you to present a report justifying your actions.

Create a 2- to 3-page report in a Microsoft Word document that includes the answers to the following questions:

Explain the authority under which you searched him.

Explain the authority under which you detained him.

Does the detainee have any rights under the US Constitution?

What are the statutes involved in this case? Explain.

Do you think the end justifies the means? (You searched him without a warrant but found three passports on him). Justify your answer with examples and reasoning.

Analyze under what circumstances this case can be considered as a case of illegal immigration.

Would things have been different if the person was found with no passport? Why?

Support your responses with examples.

Cite any sources in APA format.

 

220 Words  1 Pages

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Paper Instructions:

Juvenile Criminal Justice System

A persistent controversy in criminal justice involves determining the age at which a juvenile should be held accountable for his or her actions. With this context in mind, respond to the following questions:
•What factors influence an adolescent's maturity and ethical development? Explain and provide appropriate reasoning for your answer.
•Should there be an across-the-board age limit that defines the border between the juvenile and adult criminal justice systems? Or should it vary on a case-by-case basis? Explain your reasoning.
•The 2005 Supreme Court decision in Roper v. Simmons represented a turning point in juvenile justice in the United States. Significantly, the majority opinion even referred to international opinion in the explanation of the justices' reasoning. Should "international opinion" influence the decisions of the US Supreme Court? Why or why not?
•Choose another country and research its procedural law regarding juvenile offenders. Summarize for the class how the country you chose prosecutes and punishes (or treats) juvenile offenders. Are there any aspects of the other country's procedures that could improve the US system? Explain.

187 Words  1 Pages

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US Prisoners Exchange Policy

The U.S. has a treaty with several countries regarding prisoner exchanges; the U.S. takes US citizens from a foreign country in exchange for illegal aliens from that country who are in our prisons. The largest prisoner exchanges for the U.S. concern Canadian and Mexican citizens in the US prisons. Prisoner exchanges are not extraditions.

Compare and contrast the differences between extradition and prisoner exchanges. According to you, why do you think there is a difference between the two? Justify your answer using examples and reasoning. Explain the statutes involved in the exchange of prisoners with countries of their origin? Discuss your opinion about the feasibility and legality of the exchange of prisoners. Do you think that it is a good national policy and why? Would you change the policy? Support your answer with appropriate reasoning.

What would your answer be to those US citizen prisoners, who, after an exchange, claim they were tortured in the foreign prison? Analyze whether this is a clear violation of their 8th Amendment right against cruel and unusual punishment? What action should be taken following such accusations? Analyze whether the legal process in the U.S. in favor of such complaints or against them?

Comment on the opinions of your classmates about whether they think the exchange of prisoners is a good national policy. In addition, do you agree or disagree with your classmates viewpoints about whether the presented accusation that a prisoner was tortured in a foreign prison is a violation of their 8th amendment right. Provide rationales for your opinion.

273 Words  1 Pages

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Criminal justice system and future drug policies

16 Words  1 Pages

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Globalization of crime

Transnational organized crime

15 Words  1 Pages

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Paper Instructions:

Larry Landlord has recently renovated an apartment and has put it on the market to be rented for $800.00 a month. Larry Landlord has been in business for approximately five (5) years and has had both positive and negative experiences with tenants. Larry Landlord is hoping to find a good, long-term tenant for his apartment. Roger Renter saw Larry’s sign for the apartment for rent and thought the location and the apartment would be perfect. Roger met Larry to look at the apartment and Roger fell in love with it. All of the interior fixtures had been replaced and the unit had a nice large closet. Roger noticed that although newly painted, the exterior of the apartment did show a little bit of wear. Because of the condition of the exterior of the building, Roger asked Larry about any roof leaks. Larry stated that he had never had a leak and was not aware of any leaks.

Roger and Larry entered into a valid contract for the rental of the apartment. (Note: The issue of whether or not a contract exists is NOT part of this question. For purposes of this question assume the contract is valid and there are no issues with the contract.)  

Roger Renter was very happy in his new location; the apartment was quiet and the neighbors were friendly. Larry Landlord was also very happy because Roger Renter was a model tenant. Roger Renter paid on time and was quiet and respectful to other tenants.

The part of the country where Roger rented was rainy in the summertime. Roger rented and moved into the apartment in October. In June, a tremendous rainstorm occurred and Roger’s roof began to leak. The leak was minor at first and Roger merely put a trash can under the leak and had no other issues that month. When handing over his monthly rent check, Roger told Larry about the small leak. Larry thanked Roger for letting him know about the leak and told Roger he would have it fixed. 

The next month the rains came again and the leak grew larger in Roger’s apartment. Roger was not home at the time of the rain and therefore the leak damaged some of Roger’s furniture. Roger called Larry to let him know that there was a leak and asked when it might be fixed. Roger also stated that he thought Larry had fixed the roof. Larry curtly stated, “When it rains, sometimes it pours. When it pours, sometimes it leaks.” Roger did not like Larry’s tone or response and called back to ask when the roof might be fixed. Larry stated, “When I get to it.” The following day, Roger sent Larry a note about the roof leak and asked Larry to please address the issue.

The week before the rent was due, another rainstorm occurred and the leak was even larger. This time the leak damaged Roger’s clothing, furniture, and some precious items he had inherited from family members. Roger called Larry and asked Larry to fix roof immediately. Larry responded in a similar and condescending manner. Roger hung up the phone and threw his baseball bat against the wall, damaging the drywall and knocking out an electrical socket.  

Since it was the rainy season, Roger knew it would rain again and therefore simply moved his items away from the leak and did nothing to help mitigate the damage from the leaking roof.

Larry came into the apartment to investigate the leak and found damage from not only the leak but also from the thrown baseball bat. Roger states that the baseball bat damage was a direct result of Larry’s inability to fix the leak based on his anger from Larry’s curt response. 

Suppose you are a mediator. In five to seven (5-7) pages discuss the rights and responsibilities of the landlord and the tenant in which you:

Explore the legal rights and responsibilities of the tenant and the landlord. 
Decide whether or not the landlord and / or the tenant had a legal duty to mitigate damages. 
Determine whether or not Larry has legal grounds to evict Roger. Explain why or why not.  
Describe whether or not Roger has a legal obligation to pay for the damage he caused and determine whether or not Larry would be liable for any direct damage. 
Support each response with facts presented in the scenario.
Use proper legal terminology throughout your responses. 
Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as quality academic resources.
Format your assignment according to the following formatting requirements:
Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page is not included in the required page length.
Include a reference page. Citations and references must follow APA format. The reference page is not included in the required page length.

 

853 Words  3 Pages

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Paper Instructions:

Why is texting and driving a major problem?

17 Words  1 Pages

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Paper Instructions:

Assignment Guidelines

Address the following in 3–5 pages:

Can Officer Landonio take the cocaine as evidence? Why or why not? 
Assuming that the residents of the dwelling are present, what are Officer Landonio's options upon finding the prescribed and illegal narcotics on the table? Explain. 
What actions will he be required to take by law? Explain. 
You will need to fabricate the details or at least address multiple possibilities for this case. 
How does discretion come into play in this case? 
How can nonresidents present in the dwelling be handled? Explain.
With what can they be charged if arrested? Explain. 
If the residents are arrested, what are the next steps in the process? Explain.
Can drug courts come into play regarding this case? Why or why not?
Typically, when will drug law offenders be fined,

144 Words  1 Pages

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Paper Instructions:

Assignment Details

You have just been appointed to assist the new court administrator for a medium-sized court system with approximately 75 employees and 5 full-time courts. This is a new position for the courts. In the past, each individual court has primarily managed itself, except for the employee-hiring process, which was completed through the County Human Resource Division. Upon taking your post, you quickly find out that none of the courts seem to be willing to cooperate with each other—or, for that matter, any of the other various county offices, such as the County Clerk's Office and the District Attorney's Office. Rumors and gossip about mismanagement abound, and the communications process between the five courts appears to be at a standstill. The courts currently have a huge backlog of cases awaiting trial, and in addition, employee morale is low and the turnover rate is high. The new administrator has asked that you form a team to brainstorm ideas on how to address these issues. 

Special Considerations

In 4–6 pages, address each of the problems listed below, with proposed solutions. Be sure to support your viewpoints from your readings and other appropriate outside sources. Identify problems that should be addressed, and propose solutions to those particular problems. Discuss how you would respond to these organizational problems and the following points:

Which problem should be addressed first, and exactly how should it be addressed? 
How would you respond to the employee morale problem? 
How would you respond to the turnover problem? 
What techniques could be employed to improve communications throughout the organization and to create a more harmonious work environment? 
What method or tactic would you use to reduce the backlog of cases awaiting trial

292 Words  1 Pages
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