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I’m working on a Law exercise and need support.
I need two responses to two individual students, Mrs Topic is the professor, please do not respond or reply to her comments. 100 – 150 word min
Courtney Keller
Sep 20, 2020 at 4:59 PM
Hello Professor and Class,
Rule 11 (b) is when you file papers with the court or with a law firm. First you need to get legal representation with the court in order to pursue an investigation. I believe that the sixth amendment states that everyone has the right to an attorney, which is also part of our Miranda rights. I believe it is you have the right to an attorney and if you cannot afford an attorney one will be provided for you. Every motion and pleading needs to make sure it is signed by an attorney, if you provide legal representation you are required to have their signature, if you do not hold an attorney’s signature, you can in fact get sanctioned and even disbarred. Rule 11 (b) can be violated if an attorney or a law firm does not provide the essential information when dealing with Rule 11 (b). The example that I am going to provide is personal. Recently, I witnessed an ongoing court case and I personally witnessed the fact that the attorney of the law firm was actually sending out motions and papers to the defendant without the plaintiffs permission. The attorney would send out subpoenas to the defendants family actually requesting to be in court at a specific day and time. The person that was receiving the subpoenas actually had to take off of work and go to court only to find out that the court trial never even existed, because the attorney never signed the legal documents to bring the defendant’s father to court. The attorney who was violating the Rule 11 (b) was reported to the district ethics secretary and an attorney grievance form was submitted on behalf of the attorney.
-Courtney Keller
Word Count: 324
Resources:
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions. (n.d.). Retrieved September 20, 2020, from https://www.law.cornell.edu/rules/frcp/rule_11
Sixth Amendment. (n.d.). Retrieved September 20, 2020, from https://www.law.cornell.edu/constitution/sixth_ame…
Reply
Briana Diaz
Sep 23, 2020 at 7:54 AM
Hi Courtney,
Great post. Very detailed. I specifically like how you chose to use the attorneys as an example, it is important to know what an attorney should do in order to represent a client and a case. For my response I chose to do how the client can misrepresent themselves and/ or a case. Also, great example you used. Do you know what happened to the attorney afterwards?
Good job
Reply
Courtney Keller
Sep 23, 2020 at 10:08 AM
Hi Briana,
Thank you! I do not know what happened to the attorney afterwards, however, I do know that the ethics secretary sends the grievance to disciplinary attorney which is in the office of Counsel. If a letter of notice is issued from the Office of Counsel then the Bar counsel is required to question the attorney that the grievance was filed about. If they find her guilty of any of the reasons that were listed on the original grievance then she will be disciplined. She will most likely be reprimanded. Reprimanded is basically a slap on the wrist from the Grievance committee. If they have to do a thorough investigation then she may be disbarred or suspended for his misconduct.
-Courtney Keller
Resource:
Rule 10. (n.d.). Retrieved September 23, 2020, from https://www.americanbar.org/groups/professional_re…
Reply
Courtney Topic
Sep 23, 2020 at 12:50 PM
Courtney,
Great points. The right to an attorney extends to criminal cases, but not civil cases. The example you gave is very interesting. Rule 11 certainly requires that you cannot issue subpoenas etc. to harass another party. That would be a very big problem. The purpose of the rule is to ensure that an attorney has to engage in some sort of factual investigation – some baseline – before making allegations. The court doesn’t want to waste anyone’s time with frivolous pleadings.
Rule 11 used to be a very little known or used rule. If anyone has seen “A Civil Action” it’s actually raised in that case. See: https://www.youtube.com/watch?v=Tcxy1cJA1V8 If you have not had a chance to read the book or watch the movie – please do! It gives great descriptions of the discovery process and is a wonderful example of how difficult toxic tort cases can be.
Over recent years the use of Rule 11 has risen, but it can still be a bit hard to win those motions (apart from the really egregious scenarios, similar to what you described above).
-Prof. Topic
Reply
Courtney Keller
Sep 24, 2020 at 2:09 PM
Hi Professor Topic,
Yes this attorney harassed the defendants family and currently is destroying the defendants life on a daily basis and not a single person not even the judge sees this happening. The attorney who is doing this to people should not be allowed to be an attorney. I pray every single day that she gets disbarred for her unloyal/unethical misconduct. (wishful thinking)
As for the video link above, I have no read the book or watched the movie. I am going to try and find it now and watch it. I love watching movies that have to do with court cases, discovery, and motions. Thank you for sharing this with us.
-Courtney Keller
Reply
Celina Huaman
Sep 24, 2020 at 4:02 PM
Hello Professor,
First off I would like to thank you for posting that film clip to give us a better understanding of the rule 11(b). I would like to say thank you for stating ” The right to an attorney extends to criminal cases, but not civil cases. ” I remember hearing that but had completely put it in the back of my thoughts when looking at this rule. As you stated that is very important to make sure that a subpoena is not being used to harass a person. Also I have not gotten the chance to watch or read that film but will be watching it this weekend thank you for sharing that video with us. I think that will be very helpful. I am looking forward to watching the film. I hope you are doing well and have a wonderful rest of the week. Once I watch the film I know I will have a better understanding of different motions.
Word count: 165
Reply
Anna Cruz
Sep 23, 2020 at 11:22 PM
Hi Courtney,
Thank you for your detailed explanation. I was actually having some trouble understanding what Rule 11(b) was. I think my confusion was due to the other sections that comprise Rule 11.
Your example is quite unethical on behalf of that attorney. I mean what would be the point of sending out subpoenas if the attorney was not signing them and putting them through the proper legal channels.
It’s sad because the defendants or clients are paying and putting their faith in someone to resolve an issue for them, and they are getting swindled and now having a bigger issue.
Anna
Reply
Courtney Keller
Sep 24, 2020 at 2:15 PM
Hi Anna,
Thank you for your post. Yes the attorney is very unethical. I think this matter had a lot to do with money. The plaintiff was paying the retainer and fees that he/she didn’t even think to know what they were for. This goes to show you that after everything during the trial, the plaintiff is basically contempt of court because she/he is not following the agreement signed by the judge. So the defendant refuses to take the plaintiff back to court because they are afraid what the plaintiffs attorney will pull out of her sleeve to continue to destroy his/her life.
-Courtney Keller
Reply
JV
Juniska Vallejo Pichardo
Sep 24, 2020 at 11:55 AM
Hi Courtney,
Reply
Briana Diaz
Sep 23, 2020 at 7:38 AM
Hi class,
(1) What do you think Rule 11(b) means (put the rule in your own words)?
Rule 11(b) is suppose to ensure that anything being presented to the court is doing so in the correct manner. Such as, proper reasoning, no ill intent, and abiding by any laws that are existent. Also, the contentions must have or will have evidentiary support.
(2) Provide an example of how Rule 11(b) can be violated. You may use a real world example (such as from a newspaper article) or provide a fictional example.
Example: Ashley is suing her neighbor Suzie for alledgedly abusing her dog. Suzie, of course is denying any of these allegations are true. As the motion goes on it turns out that Ashley ans Suzie went to the same breeder and asked for the same dog. Suzie ended up getting the dog and Ashley was upset. Throughout the time Suzie has had the dog Ashley has numerously offered to buy the dog and even snatched his leash from Suzie’s hand once. This is an example of harrasment or intent to harrass which is a violation of rule 11(b). This motion was wrongfully represented because the allegations were not true, there was no evidence, and there was no law being broken.
Works Cited
https://www.law.cornell.edu/rules/frcp/rule_11
Reply
Courtney Topic
Sep 23, 2020 at 12:53 PM
Ashley,
Interesting example! Bringing a suit for harassment purposes is a Rule 11 violation. If successful on a Rule 11 motion, the rule also details the sanctions that may occur. What are they?
-Prof. Topic
ReplyEthical Decision Making
I need an explanation for this Business question to help me study.
Assignment Instructions
Building on your understanding of ethics, develop a paper that presents and defends an ethical position that we have studied thus far in the class (you can find a new ethical dilemma or build on the issue from this week’s discussion question).
Identify an ethical problem, dilemma or scenario (from current events, culture, society, politics or the business world) where a leadership decision had to be made. (Use the case studies featured in the textbook as a guide to writing, but do not choose a case study featured in the text.)
Section 1: (2 pages)
Describe the problem or dilemma, the primary participants, and the roles of the participants.
Using the readings and other materials from this course, identify and define the ethical aspects of the chosen problem or dilemma.
Section 2: (3 pages)
State and explain your personal ethical position on the problem/dilemma. Where do you stand? Why? Incorporate course material to explain your ethical perspective. Use at least five outside sources in addition to the textbook.
Develop a plan to resolve the problem, assuming that you were the leader facing the dilemma. Describe the major steps or elements needed to resolve the problem (specific details are not needed). Support your position and provide a rationale on why your plan would be effective.
Section 3: (2 pages)
Offer two possible counter-arguments (based upon other ethical reasoning or potential negative outcomes) or challenges to your reasoning (logical fallacies or biases) and what you might offer or argue in response. (For instance, you might consider potential impacts/perspectives for each argument listed in Section 1 to determine counter-arguments, impacts, and/or challenges.)
Conclude your paper by explaining which argument you think will prevail (for example – on the strength of the logic, greater ethical value, the power of fallacies/biases, or other factors). Provide your rationale.
Mechanics: This assignment is to be submitted as an academic essay. You are required to reference the readings and articles that provide evidence of effectiveness for your proposed plan. Give your paper a title, a brief introduction, and a conclusion. Adhere to the American Psychological Association (APA) guidelines for citation and references. Limit it to 1,750-2,000 words (7-8 pages) typed, double-spaced, Times New Roman, 12 point font, 1″ margins.Central Tendency: online nursing assignment help
Can you help me understand this Statistics question?
CENTRAL TENDENCY
Download and save the Week 3: Central Tendency [DOCX] document. Complete the assignment within the Word document, and submit it to your instructor by Sunday, 11:59 p.m. central time.
SCORING GUIDE
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Competencies Measured
By successfully completing this assignment, you will demonstrate your proficiency in the following course competencies and assignment criteria:
Competency 1: Apply appropriate notation, terminology, procedures, and concepts to statistics problems.
Describe a distribution. Calculate measures of variability in Excel from a group of raw scores. Calculate measure of variability in SPSS from a group of raw scores. Clean data. Import data to SPSS.
Competency 2: Form logical conclusions about real-world problems through descriptive and inferential statistical procedures.
Interpret means in a chart. Interpret standard deviations in a chart.Mod 2 DB LED560: nursing assignment help
I don’t understand this Management question and need help to study.
Week 1:
Do some research in the library/ internet, and choose a Fortune 500 company that is of interest to you. Then, identify 3-4 key external environmental forces that you believe are most influential to your organization’s success. Why are the 3-4 forces you’ve identified most salient? Be specific.
Week 2:
How should your company respond to the environmental threats and opportunities you have identified? Be specific!Part I: Decisions for Quarter One.
I need an explanation for this Business question to help me study.
Part I: Decisions for Quarter One. Prior to working on your Decisions for Quarter One, review the following through the Growing Your Business simulation, the “Suggestions for Quarter 1” pop-up screen, any Quarter One Internal Emails and/or Memos, and watch the Preparing Your Financial Commitments video. The pop-up will be available at the lower left (Blue Guidelines) of the Executive Summary Decisions Tab and the video, emails, and memos can be re-accessed through the Help section. Additionally, read Turning bean counters into difference makers: How corporate finance is changing with the times, Why financial dashboards matter, and Five pointers to get you started, and What are your financial statements telling you.
