LS185 | Jurisprudence in Law - Purdue global university

LS185 Introduction to American Jurisprudence Unit 1 Discussion Topic: The Second Amendment The Second Amendment to the United States Constitution states that “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” (U.S. Const. amend. II). The meaning of this sentence is a fiercely contested and currently topical social issue that has been explored by the United States Supreme Court several times. Review the three links below for opposing interpretations of the Second Amendment and summarize your own interpretation in your initial post to this Discussion Board. Respond to your classmates regarding a position with which you agree and explain why. Be sure to support your conclusions with authoritative sources. The Second Amendment District of Columbia vs. Heller The Dissent in Heller LS185 Introduction to American Jurisprudence Unit 2 Discussion Topic: Law for Sale In Citizens United v. FEC, 130 S. Ct. 876 (2010), the Supreme Court ruled that the government may not keep corporations from spending money to support or denounce individual candidates in elections. While business entities may not give money directly to campaigns, they may seek to persuade the voting public through other means, including ads, especially where the ads were not broadcast. The Court’s rationale was application of First Amendment protections and that, according to the Court, political spending is protected speech. Justice Stevens argued in his dissent that the Court's ruling "threatens to undermine the integrity of elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution." He wrote, "A democracy cannot function effectively when its constituent members believe laws are being bought and sold" (Stevens, 2010). Do you agree with his conclusion? Does Citizens United allow wealthy corporate interests to buy political power or does it simply protect the right of citizens to associate together so that they may speak with one voice? Be sure to support your discussion points with examples and authoritative sources. Click out the links below for more information. https://fedsoc.org/commentary/publications/illuminating-citizens-united-what-the-decision-really-did http://www.scotusblog.com/2010/01/citizens-united-v-fec-in-plain-english/ Citizens United v. FEC, 130 S. Ct. 876 (2010) LS185 Introduction to American Jurisprudence Unit 3 Discussion Topic: Equal Pay in the Modern Day Women today are paid, on average, a percentage of every dollar paid to men. This percentage has risen over the years, but pay between genders is still not equal. To help address this unfair and unacceptable wage gap, the Lilly Ledbetter Fair Pay Act was signed on January 29, 2009, restoring the protection against pay discrimination that was stripped away by the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co. Read the information at the link and then post your thoughts on how the Act demonstrates governmental checks and balances in action. Be thorough in your discussion. What other ways might the government use to protect against gender discrimination in the workplace? How might the three branches of government work together to avoid gender discrimination in the workplace? The following link has some good information. https://nwlc.org/resources/lilly-ledbetter-fair-pay-act/ LS185 Introduction to American Jurisprudence Unit 4 Discussion Topic: Judicial Selection At the federal court level, judges are appointed by the President and confirmed by the Senate. Federal judges serve for life and are not subject to retention elections. At the state level, some states allow for direct election of judges and some state judges are also subject to retention elections. Review the information at the below link concerning state judgeships. What are your thoughts on the appointment of judges compared to election of judges? Which system is better? IS one system better? Be sure to support your thoughts articulately.

JUDICIAL SELECTION IN THE STATES

LS185 Introduction to American Jurisprudence Unit 5 Discussion Topic 1: Topic: Procedural Skullduggery Where there is procedure, there is a way to manipulate that procedure in order to achieve a favorable outcome. Read the following articles that illustrate some ways that parties have attempted to bend the rules of civil procedure: Facebook Movie Defamation Kennerly, M. (2010, July 6). Why Mark Zuckerberg Won’t Sue For Defamation Over The Facebook Movie. Retrieved from http://www.litigationandtrial.com/2010/07/articles/the-law/for-non-lawyers/why-mark-zuckerberg-wont-sue-for-defamation-over-the-facebook-movie/ Stretching the Word Limit Lowering the Bar. (2015, April 23). NoYouCantWriteABriefLikeThisToGetAroundTheWordLimit. Retrieved from http://www.loweringthebar.net/2015/04/wordlimit.html People Who Sued Themselves Lowering the Bar. (2011, April 26). The People Who Sued Themselves. Retrieved from http://www.loweringthebar.net/2011/04/the-people-who-sued-themselves.html What are your thoughts on bending the rules of civil procedure? Do you think it is simply good lawyering? Unethical? Should lawyers be sanctioned for it? If you were a client, would you feel good about a lawyer bending the rules to win your case? Be sure to support your discussion points with examples and authoritative sources. LS185 Introduction to American Jurisprudence Unit 6 Discussion Topic: Jurisdictional Selection Jurisdiction can create significant issues for businesses that have business dealings in various places. Defending lawsuits in some jurisdictions can be very unfavorable for companies because of a loss of “home field advantage” and cost. A written contract may allow a business to demand that disputes be litigated in a jurisdiction (“forum”) that they choose at the time the contract was executed. These forum-selection clauses are often a point of litigation.

Here is the definition of a forum selection clause:

https://www.merriam-webster.com/legal/forum%20selection%20clause

Read the following articles and then discuss the questions below:

U.S. Supreme Court Reaffirms that Forum-Selection Clauses Are Presumptively Enforceable What's Left to Litigate about Forum Selection Clauses? Dufee, D., Forrester, J. P., Lawlor, J. F., Katskee, R. B., & Tierney, J. F. (n.d.). U.S. Supreme Court Reaffirms that Forum-Selection Clauses Are Presumptively Enforceable. Business Law Today. Retrieved from https://www.americanbar.org/groups/business_law/publications/blt/2014/01/keeping_current_duffee/ Why would the court choose to enforce a forum-selection clause? What are some reasons that a court would not choose to enforce a forum-selection clause? Do you think forum-selection clauses are fair to plaintiffs? Can you locate a case in your jurisdiction where the court enforced a forum-selection clause and transferred a case to the selected forum? Be sure to support your discussion points with examples and authoritative sources. LS185 Introduction to American Jurisprudence Unit 7 Discussion Topic: Paralegal or Attorney? What constitutes the unauthorized practice of law in your jurisdiction and what are the penalties for unauthorized practice of law? Provide the citation and relevant statutory language. What types of work can both a paralegal and an attorney perform for a client in your jurisdiction? Why would a client consider hiring a paralegal rather than an attorney? Would you ever consider performing work as an independent paralegal? Be sure to support your discussion points with examples and authoritative sources. state definitions of the practice of law LS185 Introduction to American Jurisprudence Unit 8 Discussion Topic: Federal vs. State Laws: Up in Smoke? Marijuana sales, primarily for medical use but also recreational sales (in some states), have become big business and an economic boon to many states. Yet at the federal level, marijuana is still a Schedule 1 drug and illegal under the Controlled Substances Act (21U.S.C. Sec. 811). How is it possible, then, for states to cultivate and sell marijuana without federal intervention? What is the role of each of the three branches of government with regard to policing and regulating marijuana use? What has caused the national “sea change” with regard to legalizing its use? Review the information at the below link to get you started. http://www.safeaccessnow.org/federal_marijuana_law LS185 Introduction to American Jurisprudence Unit 9 Discussion Topic 1: Silent or Soused Perform research to determine what types of evidence are used to charge someone for driving under the influence in your jurisdiction. What penalties are set for a person who refused to submit to a breathalyzer test? How does a breathalyzer test reconcile with the Fifth Amendment right against self-incrimination? What procedural defenses are available in a driving under the influence case? Be sure to support your discussion points with examples and authoritative sources. DUI laws state by state LS185 Introduction to American Jurisprudence Unit 10 Discussion Topic: Reflection Now that you have completed this course, reflect on the outcomes as well as your personal goals for the course. This is not intended to be a mere recap of the course; focus on what you have personally learned and how it will affect your future academic and professional goals. Discussing what you have learned during the term will not only help you better process the information, but will help you enhance each other’s learning experience. Please reflect on the previous units and post a response that addresses the following questions: What would you say was the most important new idea you encountered in this course and how did they change your understanding of legal philosophy? What topic would you say was most interesting to discuss with your fellow students on the Discussion Boards or in Seminar? In what specific ways can you use the knowledge you have gained in this course in your chosen profession? What areas of the subject would you like to continue to explore, and why? LS185 Introduction to American Jurisprudence Unit 2 Assignment

This Assignment addresses the following Course Outcomes:

LS185-1: Describe the features of the US legal system, including its history, procedures, and institutions. GEL-1.2: Demonstrate college-level communication through the composition of original materials in Standard English.

Assignment Introduction:

You have studied the role of political theories in the development of the American legal system. You have also explored features of the U.S. legal system, including its history, procedures, and institutions. In order to understand the U.S. legal system, it is helpful to explore an actual legal issue.

This Assignment has two parts:

You are a paralegal at the law firm of Dewey, Earn and Howe. A new paralegal, Willy Understand, has just been hired and you have been assigned to mentor him. On his first day, he has been given a memo research project concerning motorcycle helmet laws. But Willy is woefully inexperienced in the area of constitutional law and knows next to nothing about helmet laws. The senior partner has given him the following assignment: “There seems to be no question that motorcycle helmets are an important safety precaution that prevent death and injury. However, some argue that it violates the very nature of liberty for government to make helmets mandatory, to prosecute victimless crimes and prohibit actions that are merely bad habits or vice. Read the attached articles and then submit to me a 1–2-page argument, supported by political theory, as to whether it is an appropriate role of government for our state to have a mandatory law requiring people to wear a helmet while riding a motorcycle.” You tell Willy to make sure the memo focuses on the constitutionality of helmet laws and to reference the Constitution. Willy seriously needs your help with this first project. So you agree (with boss’ approval) to draft this and then work with Willy to edit it so that you both get credit for it. You are a good writer. DRAFT THE PAPER and free Willy from the stress. Show him how it’s done. Note: The reference to “government of our state” means YOUR state, the state the student resides in. U.S. Department of Transportation Campaign Safe and Sober. (1996, October). Motorcycle helmets: The facts of life. Retrieved from http://www.nhtsa.gov/people/injury/pedbimot/NoMigrate/Mcfol2.pdf. Vance, L. M. (2010, May 21). Every crime needs a victim. Campaign for Liberty. Retrieved from https://www.lewrockwell.com/2010/05/laurence-m-vance/if-its-a-crime-it-has-a-victim/