PAR 1103 Litigation

Assignment 6

10 points

 

1.      Look at the following pleadings and identify all of the affirmative defenses included in each pleading by placing “X”s in the chart below:  

 

a)      14 CV 4184, Answer of Greater Dayton RTA, filed 8/20/14

b)      14 CV 0329, Answer of Miami Valley Hospital. filed 2/4/14

c)      14 CV 1617, Answer of MG1 Properties, filed 4/14/14

d)     14 CV 1481, Answer of Robertson Family Trust, filed 4/14/14

e)      14 CV 2161, Answer of  Geico, filed 5/8/14

 

Case #	Assumption of the Risk	Immunity	Statute of Limitation	Intervening/ Superseding Cause	Failure to Mitigate	Sudden Emergency	Mechanical Failure
14CV4184
14CV0329
14CV1617
14CV1481
14CV2161

 

2.      Based on the facts below, prepare 4 appropriate defenses, in the form, style and language found in any one of the above filed answers, including the headings used for each defense.

 

 

On or about February 14, 2013, Plaintiff Miranda Diaz, was driving her motor vehicle in an eastbound direction on I-70 toward Columbus, on her way to a job interview in Columbus.   Miranda got a late start that morning because her 2 year old son, Marco, woke up sick and could not go to daycare, so Miranda had to find a babysitter.  She was worried about Marco, and told the sitter to text her if he got any worse. When her phone beeped with a text message, she reached for her purse from the passenger seat, but it had slid onto the floor, so she reached down to grab it.  When she looked up, the traffic in front of her had come to a complete stop, causing Miranda to slam on her brakes in order to avoid hitting the car in front of her.  Defendant Jesse Williams was operating a 15 year old truck that he recently purchased for $500.00, which needed numerous repairs.  Jesse was also traveling eastbound on I-70, directly behind Miranda, when she suddenly stopped, but when Jesse tried to stop, the brakes in his truck failed to allow a quick stop, and an accident happened when he rear-ended and collided with Miranda’s vehicle.  The police arrived quickly and Jesse was ticketed for failure to maintain an assured clear distance.  When asked by the officer, Miranda insisted she was fine, and was in a hurry to get to her interview and needed to get back on the road as quickly as possible.  The next day, Miranda experienced pain in her knee, but did not seek medical attention.  Three weeks later, after a long day of outlet shopping, Miranda’s knee pain was severe so she made a doctor appointment.  The doctor sent her to an orthopedic specialist who confirmed that she needed surgery for a condition that resulted from her body weight shifting and causing undue pressure on her knee caused by the swelling that remained from the untreated trauma to her knee.  Miranda filed suit on September 1, 2015.  

You are an investigator with the District Attorney’s Investigation Team for a major metropolitan area. You are one of the recently hired 16 new investigators that will be sprinkled throughout the department. All 16 of you have had little time as investigators and the Chief’s concern is that you all are properly trained in issues of the exclusionary rule to avoid problems later on during investigations. This is a political hot potato because these are supposed to be the best investigators in the jurisdiction. You have already provided an extensive paper to your new fellow investigators and noticed an interest they had in exceptions to the Exclusionary Rule. You have decided to provide a 3-5 page addendum to last week’s training to address some of the exceptions.

In a 3-5 page paper, please include responses to the bulleted issues listed below. It is critical that when you make a statement of fact in your presentation that you cite the reference you obtained the information from in the text of the paper and that the reference is included in your reference page. As always your paper will be submitted in the APA format current edition. No abstract is required as this is a short position paper but a title page, reference page, and appropriate running header with page numbers are necessary.

• Detail the concept for admissibility of plain sight evidence and the legal requirements for the investigator to invoke a plain sight seizure.
• Explain how evidence that would have been found without the questionable search that violates the exclusionary rule could ultimately be admissible as evidence.
• Relate how the court views investigators and realizes that human error will sometimes result in faulty paperwork. Explain how the court allows for such errors in the “Good Faith” principle.
• The student will select two of the three concepts known as dying declaration, the silver platter rule, and exigent circumstance. The student will expound on the meaning of each and why the court believes in such exceptions to constitutional requirements
• The student will articulate the types of situations where it is permissible to lie to a suspect to elicit a confession. What aspects would be allowed by the court and what would be prohibited.

Be sure to reference all sources using APA style.

Preliminary investigations do not necessarily yield enough information to prosecute a criminal case. Despite a thorough preliminary investigation, many cases require a follow – up investigation. Use your textbook, the Internet, and / or Strayer Library to research articles on crime scene investigation. 

Write a three to four (3-4) page paper in which you:

1. Assemble a set of guidelines on conducting preliminary investigation for a criminal case.
2. Propose one (1) strategy that criminal investigators should take in order to conduct an efficient follow-up investigation. Provide a rationale to support your response. 
3. Select two major crimes (e.g. sudden deaths, sex related crimes) and compare and contrast the key differences in reporting the two major crimes that you selected.
4. Determine the three (3) most important characteristics of an effective criminal investigator and discuss the importance of each characteristic you determined.
5. Support or critique the argument that the criminal investigation process should maintain the balance regarding freedom of information through media outlets and privacy rights of alleged perpetrators of crime. Provide a rationale to support your response.
6. Use at least two (2) quality academic resources in this assignment. Note: Wikipedia and similar type Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.

 

Assignment 1: Crime Scene Investigation

Criteria

Unacceptable

Below 70% F

Fair

70-79% C

Proficient

80-89% B

Exemplary

90-100% A

1. Assemble a set of guidelines on conducting preliminary investigation for a criminal case.

Weight: 15%

Did not submit or incompletely assembled a set of guidelines on conducting preliminary investigation for a criminal case.

Partially assembled a set of guidelines on conducting preliminary investigation for a criminal case.

Satisfactorily assembled a set of guidelines on conducting preliminary investigation for a criminal case.

Thoroughly assembled a set of guidelines on conducting preliminary investigation for a criminal case.

2. Propose one (1) strategy that criminal investigators should take in order to conduct an efficient follow-up investigation. Provide a rationale to support your response.
Weight: 15%

Did not submit or incompletely proposed one (1) strategy that criminal investigators should take in order to conduct an efficient follow-up investigation. Did not submit or incompletely provided a rationale to support your response.

Partially proposed one (1) strategy that criminal investigators should take in order to conduct an efficient follow-up investigation. Partially provided a rationale to support your response.

Satisfactorily proposed one (1) strategy that criminal investigators should take in order to conduct an efficient follow-up investigation. Satisfactorily provided a rationale to support your response.

Thoroughly proposed one (1) strategy that criminal investigators should take in order to conduct an efficient follow-up investigation. Thoroughly provided a rationale to support your response.

3. Select two major crimes (e.g. sudden deaths, sex related crimes) and compare and contrast the key differences in reporting the two major crimes that you selected.

Weight: 15%

Did not submit or incompletely selected two major crimes (e.g. sudden deaths, sex related crimes); did not submit or incompletely compared and contrasted the key differences in reporting the two major crimes that you selected.

Partially selected two major crimes (e.g. sudden deaths, sex related crimes); partially compared and contrasted the key differences in reporting the two major crimes that you selected.

Satisfactorily selected two major crimes (e.g. sudden deaths, sex related crimes); satisfactorily compared and contrasted the key differences in reporting the two major crimes that you selected.

Thoroughly selected two major crimes (e.g. sudden deaths, sex related crimes); thoroughly compared and contrasted the key differences in reporting the two major crimes that you selected.

4. Determine the three (3) most important characteristics of an effective criminal investigator and discuss the importance of each characteristic you determined.

Weight: 20%

Did not submit or incompletely determined the three (3) most important characteristics of an effective criminal investigator; did not submit or incompletely discussed the importance of each characteristic you determined.

Partially determined the three (3) most important characteristics of an effective criminal investigator; partially discussed the importance of each characteristic you determined.

Satisfactorily determined the three (3) most important characteristics of an effective criminal investigator; satisfactorily discussed the importance of each characteristic you determined.

Thoroughly determined the three (3) most important characteristics of an effective criminal investigator; thoroughly discussed the importance of each characteristic you determined.

5. Support or critique the argument that the criminal investigation process should maintain the balance regarding freedom of information through media outlets and privacy rights of alleged perpetrators of crime. Provide a rationale to support your response.

Weight: 20%

Did not submit or incompletely supported or critiqued the argument that the criminal investigation process should maintain the balance regarding freedom of information through media outlets and privacy rights of alleged perpetrators of crime. Did not submit or incompletely provided a rationale to support your response.

Partially supported or critiqued the argument that the criminal investigation process should maintain the balance regarding freedom of information through media outlets and privacy rights of alleged perpetrators of crime. Partially provided a rationale to support your response.

Satisfactorilysupported or critiqued the argument that the criminal investigation process should maintain the balance regarding freedom of information through media outlets and privacy rights of alleged perpetrators of crime. Satisfactorilyprovided a rationale to support your response.

Thoroughly supported or critiqued the argument that the criminal investigation process should maintain the balance regarding freedom of information through media outlets and privacy rights of alleged perpetrators of crime. Thoroughly provided a rationale to support your response.

6. 2 references

Weight: 5%

No references provided

Does not meet the required number of references; all references poor quality choices.

Does not meet the required number of references; some references poor quality choices.

Meets number of required references; all references high quality choices.

7. Clarity, writing mechanics, and formatting requirements

Weight: 10%

More than 6 errors present

5-6 errors present

3-4 errors present

0-2 errors present

minimum of 150 words apa format

 

Scenario for Post 3

 

Now you choose. Read the posts submitted by the class. Which side seems more logical to you? Should the medical industry abide by an “at-will” doctrine? Why / why not? Be sure to cite to a fellow student’s post.

 

some classmates posts

 

1. The hospital has indicated that they will be terminating Mr. Con Fused for failing to follow instructions.  However, based on the at-will doctrine no reason was given for his termination.  The hospital takes the service provided by their employees very seriously and it is their job to make sure all patients and fellow staff members are receiving the best care.  The hospital felt it was in their best interest to terminate Mr. Con Fused.

The relationship between the hospital and Mr. Con Fused was governed by the common law doctrine of employment at will.  Either party could terminate the employment relationship at any time and for any reason, unless doing so violated an employee’s statutory or contractual rights.  This was clearly an issue with this situation.  Also, it is important to note that terminating this employee did violate any federal or state statute such as any sort of discrimination.

 

Base on this policy, the hospital reserves the right to not disclose specific termination reasons other than the decision was based on the best interest of the hospital, patients and supporting staff.

 

 

2. The Hospital adheres to the At-will employment policy which follows state and federal guidelines. Mr. Fused has had quarterly reviews and in each of the last three reviews he has been critiqued on hospital process and procedures that were not meeting hospital standards. These process and procedures are meant to offer safe and clean environments for patients and staff. Mr. Fused willful disregard for following instructions, despite repeated review, were grounds to terminate his employment. 

 

Mr. Fuse can be released under At-will employment doctrine which allows either party to terminate the employment relationship for any reason or no reason at all (Cross, F. B. and Miller, R. L. 2015 pp. 438). While there are several exceptions such as implied contracts or discrimination these do not apply in Mr. Fuses scenario. There may not be an actual incident at the time of Mr. Fuses termination but at-will employment doctrine allows business to broadly use general performance to make employment decisions, including immediate termination.

 

 

3. At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability.  Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences. At-will also means that an employer can change the terms of the employment relationship with no notice and no consequences (ncsl.org.2017).

            As an employee who worked for the human resource department at the regional hospital. I believe that the at–will policy is a good policy for both the hospital, as well as the employees. Just for the simple fact that working in a hospital facility is a very serious and important job. With that being said every employee would need to be one hundred percent focus and follow the rules and regulations at all times, especially when we have patients lives in our hands.

           Moreover, although the at-will policy may seems harsh and unfair in Mr. Con Fused favor. I must say that I support the at-will policy and my reasoning for saying so because this policy offers the right to establish a safe, organize, clean, great performance skills, and functional environment for all staff members and patients. So, therefore I think that the at-will employment is preferred in the hospital or medical field, due management being able to run a strict operation. 

 

             In addition, they can not afford to have any mistakes being made that can cost them to lose their jobs, be sued or loose patient under their care. In this incident that Mr.Con Fused was terminated because of his inability to follow instruction would be considered to be the appropriate action under the at-law policy and not a violation. In many working we make mistakes and we have to pay for our actions, so who knows how many times that Mr. Con Fused  was spoken to or written up his inability for not following instructions before he got terminated.

 

 

4. At will employment means that the Company does not offer tenure or guaranteed employment for any period of time to any employee without an employment contract or written direction from the CEO/President. In at will employment, either the company or the employee can terminate the employment relationship at any time, with or without cause, with or without notice (C.L, 2017).

In the case of Mr. Fused, there were justifiable grounds to terminate the employee. Mr. Fused was given the opportunity to correct his unacceptable behavior and still continued to not follow instructions given to him by his superior.

Mr. Fused was terminated due to inability to follow instructions. According to the policies employers can generally release at-will employees who aren’t working out, without giving advance notice in which this case we told Mr. Fused why he is being terminated.

http://smallbusiness.chron.com/good-things-atwill-employment-34594.html

 

 

5. Some of the main criteria stated for the designation of Mr. Con Fused, was that the candidate for the job has to pay close attention to detail and follow directions, aside from the qualifications skills.

 

Considering knowledge signify the ownership of information, intelligence is driven by how that information is managed mentally, that it will be accomplished responsibly. Both apprehension and performance must function in accord with each other.

 

As teamwork is the motto in every management. The procedure is further combined when more people should act in-sync toward a common intent. It is also crucial that each unit affiliate’s knowledge of that common intent is similar, as a skillful affiliate will be educating unskillful affiliate.  Valuable time, services, and worst of all life might be endangered because a member of our health unit cannot follow instructions.

 

With this recent incident under Mr. Fused care, the management of Regional Hospital cannot tolerate any more mishaps from Mr. Fused for his inability to follow instructions.  The management has been lenient enough after five years in Mr. Fused impairment, hoping that we can see some improvement, but Mr. Fused failed to follow through, and for this very reason that the Management of Regional Hospital has to let him go, as the health and well-being of our patients in Regional Hospital is the supreme priority. 

 

 

 

Find at least two(2) articles (preferably from the online library) focused on two separate “real life” criminal cases in which DNA played a major role. Appropriate examples for this assignment might include the O.J. Simpson case or the John Benet Ramsey case although there are a myriad of true cases conducive for this assignment. Hint: The Innocence Project website serves as a great resource for this assignment.www.innocenceproject.org/ I Have attached the two articles for use to use one is a pdf and one is copied into a word document the citations for both or in the word document the citation for the pdf is at the bottom of the word document. You will write about serial killer Derrick Todd Lee. Feel free to use other sources along with the ones I have provided. These articles can be from electronic sources, newspapers, or online journals however the cases must have occurred in the United States.

 

1) Based on the information from your research, write a summary of the impact and/or circumstances surrounding the DNA evidence. Also, please be sure to address the specific DNA technologies applicable to the case if in fact they are address in your research (i.e. mtDNA, Y-STR, ABO/PCR-based reverse dot-blot tests, etc. Note: Please remember to focus on the DNA evidence and not other types of physical evidence. For example, providing a lengthy case overview, biography of the offender, or rehashing of the case itself will not earn high marks. This paper should focus on the DNA technologies specifically. 
 
2) In a separate section, state your opinion of the criminal cases you selected. Specifically, do you believe that the use of DNA evidence was ethical in these cases, do you believe the cases would have had the same outcome if not for the use of DNA (i.e. guilt or innocence of the offender), were the articles you selected written in a neutral, unbiased fashion, was the author pro- or anti- DNA, etc.
 
3) Finally, please discuss how the information learned in this class has given you more insight into the cases you opted to write about. Please note all three sections must be included for this library assignment.
 
Your library assignment should be a minimum of 1,000 words in length