Directions: Please review the questions below and, write a 3-4 page essay analyzing each legal issue presented in this week's modules readings. Please apply APA format with in text citing, reference list, and double-space. Limit your word count to 2,000 words. Please visit the Academic Resource Center for help with APA format.
If applicable, include arguments from each side. If a criminal case exists, you would present arguments from the prosecutor and the defense attorney. If it is a civil case, then you would argue as a plaintiff and defense lawyer. Be sure that your answers respond to the questions. Do not restate the problem in your answer. Mention the facts where relevant to your analysis. If you are asked for a recommendation, be sure to include one, but do not fail to consider counterarguments. If your answer depends upon essential information not set forth in the question, state what that information is and how it affects your answer. If facts are missing in your argument, please state what facts would be pertinent to each party's case; also list any facts or information that could potentially damage a party's case.
Read the questions carefully and attempt to answer each directly. Clear, well-organized, and concise writing will be rewarded. If there are ambiguities in the questions, discuss the ambiguity and how it impacts your answer. You may consult your text, lecture notes, or outlines that you have personally prepared.
Submit your responses to the following:
1. The Georgetown Journal of Legal Ethics published a law review article in the Summer of 2007 entitled "Martha Stewart's Insider Trading Case: A Practical Application of Rule 2.1". Find this article using LIRN. What is insider trading? What were the facts leading up to Martha Stewart being questioned by the SEC? What is the SEC? Why was Martha Stewart accused of insider trading? Was Martha Stewart convicted of insider trading? Why did Martha Stewart receive jail time? In the author's opinion, where did her attorney go wrong? Do you agree with the author's assessment?
2. RICO is Racketeer Influenced and Corrupt Organization Act. What is it and what criminal entity was it created to target?
3. What effect did the Supreme Court decision in New York Times Co. v Sullivan have on the laws of defamation as they existed in the various states?
4. Torts are wrongful act causing injury to another person or damage to another's property. Name a tort and describe what its elements are and provide an example.
5. Negligence is a breach of a legal duty to act carefully, resulting in injury to another or damage to another's property. This lawsuit is normal in a car accident. If individuals have an accident, what would the plaintiff need to prove if he or she sues under negligence?
6. Summary judgment is a motion for immediate judgment filed by either plaintiff or defendant based on the information in the complaint and the answer. How does this affect the outcome of a trial or case?
7. How can a police officer determine whether a driver is "under the influence"?
8. Compare the burden of proof required in a civil case mentioned with the burden of proof required in a criminal case. Why do you think a higher burden of proof is required in a criminal case?