Your client is an 18 year old named John Reynolds. In December, he was arrested for possession of controlled substances. He tells you that on that evening, he and his friend, Billy, who is
Use West’s Florida Digest 2d to answer the following questions. Begin with the Descriptive Word Index. For some of the questions throughout this homework assignment (those asking for topic and key numbers), there may be more than one correct answer as multiple topics/key numbers can point you to the same result. You only have to provide one of the solutions.
Background for questions 1-3: Your client is an 18 year old named John Reynolds. In December, he was arrested for possession of controlled substances. He tells you that on that evening, he and his friend, Billy, who is 16 years old, were walking back to John’s home in Destin from the AMC movie theater in the Commons where they had been watching a movie with friends. It was about 11:30pm and they were walking behind the closed Common’s stores in the empty parking lot. John said he was going that way because there was a shortcut to his house across the golf course behind the theater. Police Officer Justin Storm was patrolling on Legendary Drive between Lowe’s and the backside of the Commons when John and Billy were walking in the parking lot. Officer Storm became suspicious and made an investigatory stop. John says the officer asked them what they were doing, and John told him he lived nearby and they were walking home from the theater. Officer Storm then frisked both boys, finding a bag of a pills in John’s front pants pocket. The pills field tested positive as a controlled substance. John was then arrested.
1. What topic and key number did you find that deals with the reasonableness of an investigative search?
2. Find a Florida case that was appealed and decided by the U.S. Court of Appeals for the 11th Circuit in 2010 that defines what an officer must have to support reasonable suspicion for an investigatory stop.
a. What is the name/citation for the case you found?
b. On what volume and page number of the Digest did you find the case?
3. Find a Florida First District Court of Appeals case decided in 2008 in which the court ruled that a “mere hunch that criminal activity may be happening is not sufficient to constitute reasonable suspicion to justify stopping an individual.”
a. Give the name/citation for the case you found. Hint: you will know you have the right case if the one you found came from Okaloosa County Circuit Court.
b. On what volume and page number of the Digest did you find the case?
c. As a stand-alone document on a separate sheet of paper, provide a case brief of this case in the format previously provided to you and attach it to the end of your homework submission. Continue answering the remaining questions in the same format you have been using. The case brief counts for 1/3 of the grade for this assignment.
Background for questions 4-6: Your client is a 44-year old named Adam Phillips. Mr. Phillips is paying $350 a month to his ex-wife in accordance with a marital settlement agreement (MSA) and court order that require him to support his son until the son graduates from high school. The MSA was entered into 11 years ago. Mr. Phillips came to see you because his son is now 19, but is still in high school since he has failed one grade. The ex-wife is telling Mr. Phillips that he must continue paying until the son graduates, which will probably not be until the son is almost 20 since his son is failing several of his current classes. Mr. Phillips feels he went above and beyond by paying while the son was 18, but now that he is 19, Mr. Phillips does not want to pay any more child support. He has come to you for legal advice and to seek options about modifying or terminating the child support payments.
4. a. What topic and key number best address this scenario?
b. There are a couple of cases that seem to be on point with your client’s issue. Hint: the cases come from the Southern Reporter 3d (and not 2d) edition. What is the name/citation for one of the cases? Choose whichever one you think best applies.
5. Based on your case law research, do you think the client will have to continue paying child support? Explain why or why not in a couple of paragraphs. Reference specific details of the case you cited in your answer.
Use West’s Corpus Juris Secundum (C.J.S.) to answer the following questions.
6. Using the Table of Cases, find the case Tieberg v. Superior Court for Los Angeles County. Under which topic and section is that case discussed?
7. Using the Table of Laws, look up 17 U.S.C.A. ? 102(b).
a. What topic and section are you directed to?
b. On what page of the Table of Laws did you find the statute?
c. Go to that topic and section in C.J.S. and answer the following question (yes or no): Can ideas or concepts by copyright protected?
d. Find a case in that section of C.J.S. from the 10th Circuit Court of Appeals in 2013. What is the name/citation for that case?
8. You have been asked to find some information about the right of an owner of adjoining property to make improvements. In particular, you need to find out whether the “adjoining landowner” has any right of entry onto the adjoining land in order to make the improvements.
a. Under what topic and section would you look?
b. On what page of the General Index did you find the entry?
c. Find that topic in C.J.S. On what volume and page number does the discussion start?
9. A client has come to the firm you work for to complain about a local restaurant. The client, Ms. Karen Coleman lives in a small neighborhood about a block from a popular tourist area on Highway 30A. A restaurant about a block away has been serving food and drinks on their outdoor patio for years. Recently, the restaurant has added a live band that plays from 9:00 pm until about 1:00 am on Friday and Saturday evenings. Ms. Coleman is claiming that this music is impacting her use and enjoyment of her property. She has tried complaining to the restaurant manager, but that did not work. She now wants to know if there are any legal actions she can take to stop the weekend band performances.
a. Using the C.J.S. index, what general topic and section best covers this issue?
b. Find that topic in C.J.S. What West Digest Key Number and topic are most relevant?
c. Read through the discussion in the C.J.S. provide a a couple of paragraphs giving your opinion on whether Ms. Coleman has a possible cause of action to stop the music.
Locate the indicated books in the legal reference section of the library to answer the following questions.
10. Find Black’s Law Dictionary.
a. What is the definition of “check kiting?”
b. What case are you directed to for this definition?
c. What is the first definition of “particeps criminis?”
d. What does “in pari delecto” mean and on what page did you find the definition?
11. a. Find Ballentine’s Law Dictionary. What does the phrase “one dollar and other consideration mean?”
b. What source are you referred to for additional information?
12. Find Burton’s Legal Thesaurus.
a. What are the first 10 adjectives for the term “unconscionable” and on what page did you find the answer?
b. What are other adjectives for the term “disaccordance?”
13. Find the treatise Rights of People Who Are HIV Positive by William B. Rubenstein. On what page of the book would you find the answer to the question of how much income a person with HIV can earn and still be eligible for SSI?
14. Find the treatise Law of Medical Malpractice by Margaret Jasper. Who are the potential responsible parties in a medical malpractice case?
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