Review at least 1 other student’s Key Assignment Outline and provide meaningful feedback. Refrain from general feedback, such as simply stating “good job.” Your feedback to other students is most helpful if you not only point out weak areas but also offer suggestions for improvement. The best feedback takes a three-stage approach to identify what was done well, weaknesses, and areas for improvement.
Student paper down below:
Introduction 11. Three Strike Law
What is the Three Strike Law B. What crimes is under the Three Strike Law
California Three Strike Law
The Alternative
Prosecutor manipulate
Probation
Community service
Prosecutor “load up” charges with Defendant for plea bargain how to prevent practice.
What is plea bargain
What is plea bargain why is it is used?
Can a judge over turn a plea bargain
Will my policy allow multiple count as of Three Strike Law
What type of Crime
Repeat crimes how many times C. Could the criminal be evaluate or treated
V1. One alternative supervised probation cost effective for a person than in incarcerated.
What cost of probation
How much does incarceration cost C. Is probation better than jail
V111. Save money by not incarcerated perpetrator
What percentage are non violent drug offenders
What are some alternatives to incarceration
How much does it cost to incarcerate drug offender?
1X. Legislature to Amendment law A. What is an Amendment in law
Can a governor repeal a law the Supreme Court overturn an Amendment
Backlash from public or approve A. Voters if they approve
Reason and purpose of the law C. Second Chance
X1. Draft Executive Summary of the Policy Conclusion: Revise all the information i given, to understand the policy.
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Ellis and Sandra, an elderly couple, come to you for some tax planning advice. They have $7,000,000 in cash assets and 4 children, 12 grandchildren and 21 great-grandchildren. They want to establish a device that will hold their assets for the benefit of their children.
For estate tax planning reasons that I do not want you to worry about or consider in this assignment, they want to set up a trust or company that will manage their $7,000,000. They want the ownership of the assets to be divided among all of their descendants. Essentially, they will put all of the money into an entity and the ownership of the entity will be owned in essentially equal shares by all 37 of their beneficiaries.
Ellis and Sandra tell you that they are considering a few different possible strategies
1) Setting up a trust to hold their money with all of their descendants as trust beneficiaries who will be entitled to the income generated by their shares of the trust and will be entitled to withdraw their shares in certain emergency cases.
2) Setting up a limited partnership or LLC to hold the money and gifting shares of the entity to all of their descendants.
3) Setting up a corporation to hold the money and gifting shares of the entity to all of their descendants. You ask them whether they mean a c-corp or an s-corp but they look at you blankly. They don’t have any idea what the difference is.
Since Ellis and Sandra have already hired another firm to work out transfer tax issues, they only want from you an analysis of the income tax ramifications of these possible plans.
Please write a letter to Ellis and Sandra of approximately 500-750 words (this is a ballpark figure, but please stick to something close to that guideline), explaining the income tax advantages and disadvantages to the family as a whole of each plan. Also, please recommend one of these three plans and explain why.
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Research Assignment Guidelines (see also subject outline for further information ) Please note: -As this is a research assignment, students are expected to go beyond the course materials and to conduct independent research in order to answer the assignment question.
-The content in the lecture topics listed in weeks 1 to 8 (see program on page 3 of the subject outline) will also provide useful guidance in relation to the assignment
. -Students are not required to address possible issues in relation to the lecture topics listed in weeks 9-12 of the subject outline (except to the extent that there is any overlap with lecture topics in weeks 1 to 8).
-Students are required to follow HIRAC to address the key issues arising from the facts eg, “Is the [$x] expense incurred, deductible to Sarah under s8-1, ITAA97?”, “Is the [$y] amount/benefit received, included in Sarah’s assessable income?” etc
-Students should identify the relevant key cases, legislation, tax rulings and principles of tax law, in relation to each key issue.
-Students should also include any relevant calculations of the assessable or deductible amount regarding each particular key issue, however students are not required to calculate the overall income tax payable by the taxpayer for the income year.
-Students may assume, as per the facts, that Sarah is an Australian resident for tax purposes. Accordingly, there is no need to discuss tax residency.
Structure/format -Make sure you follow the HIRAC methodology (see “Concise Guide to Answering Tax Law Problem Questions” and “Example illustrating HIRAC methodology” on UTS Online) -Use separate headings for each relevant key issue eg, “Is the [$x] expense incurred, deductible to Sarah under s8-1, ITAA97? -Maximum word limit is 1500 words (excluding references), students must not deviate from the word limit by more than 10% -Use at least 11 point font size (use one consistent font – Arial 11 or Times New Roman 12) Referencing -Make sure you include case citations for any cases referred to in your response eg, Brent v FCT (1971) 125 CLR 418 Case citations may be found easily in the Prescribed Textbook (see Table of Cases at the back of the textbook) or on the Lexis Advance Pacific database which can be accessed via the UTS Library website -Make sure you refer to any relevant specific sections of legislation for each key issue eg, s6-5, Income Tax Assessment Act 1997 (Cth) -Referencing style should be consistent throughout the response. For this assignment, students may use either: AGLC (see links below): http://www.lib.uts.edu.au/help/referencing/aglc-guide
Taxation Law: Research Assignment (40%) Word limit: 1500 words maximum (excluding references) Due Date: The assignment must be submitted both in hard copy to Law Reception (Level 3, CB05 B) and online via UTS Online by 5 pm on Tuesday 5 February 2019. Facts: Sarah is a full-time interior design consultant employed by a large interior design firm Design Co Ltd. She is an Australian resident for tax purposes. Sarah’s main duties are to provide advice to clients, and to develop functional and aesthetically enhancing designs for the interior of buildings. Design Co Ltd pays Sarah a salary of $80,000 per year. Design Co Ltd provides Sarah with a laptop computer to use for her work, however does not provide Sarah with an office. She lives in Strathfield where she uses a spare room at home as her home office which is the base of her consulting operations, where she prepares advice and designs for clients. The home office takes up about 20% of the floor area of the house. She spends 60% of her time in the home office on design work and 40% of her time in the home office chatting on the phone with her friends. During the 2017/18 year, Sarah incurs expenses of $30,000 for interest on her home loan, $3,000 for insurance and $7,000 for lighting and electricity for the entire house. On 1 August 2017, Sarah paid $9,000 (GST exclusive) for a new piece of design equipment for her home office. The design equipment has an effective life of nine (9) years. From 1 August 2017, Sarah uses the equipment 60% for preparing designs for clients, and 40% for designing a new kitchen for herself, which she plans to build in the future. For the 2017/18 year of income, she pays $700 membership fees for her membership of the Interior Designers Association of Australia, and $500 for subscriptions to Interior Design journals. Sarah is occasionally required to travel to client premises to provide on-site advice and inspect the interior of buildings and afterwards she travels directly home from the client’s offices. During the 2017/18 year of income, she incurs travel expenses of $4,000 in travelling from home to client premises and back home again. She is required, by her employer, to wear “all black” clothing when meeting with clients. During the 2017/18 year of income, she spends $700 on “all black” skirts, trousers, and tops to wear to client meetings. Sarah is very hardworking and in addition to her full-time job, she also teaches art classes at a community college in Newtown during the week, in the evenings. She travels from home to the college in Newtown to teach, and afterwards she travels directly home from the college. During the 2017/18 year of income, she incurs travel expenses of $5,000 in travelling from home to the college in Newtown and back home again. She receives $25,000 from teaching at the college during the 2017/18 income year. In July 2017, Sarah also commenced a Master of Business Administration (MBA) degree at university, as she hopes to move into a management role (and away from an interior design role) in the future. During the 2017/18 year of income, she incurred $6,000 for course fees and $700 for textbooks. In January 2018, while exploring the new year sales, Sarah came across a good bargain and purchased a 120-year old, antique bedroom furniture set (comprising a bed, 2 bedside tables and a chest of drawers) for $1,550 ($450 for the bed, $350 for each bedside table, and $400 for the chest of drawers). She negotiated with the vendor to buy each piece of the set separately. A few weeks later she received an offer of $4,400 for the set. She negotiated with the purchaser to sell each item separately ($2,000 for the bed, $700 for each bedside table, and $1,000 for the chest of drawers). Required: Advise Sarah regarding the tax implications to her, arising from the above facts, in relation to the 2017/18 year of income. In your answer, make sure you consider the potential assessability for income tax purposes to Sarah of any of the above events, and the availability of a tax deduction for any expenses incurred. Also make sure that you apply the HIRAC methodology and refer to any relevant cases, legislative provisions, tax rulings and principles of tax law. (40 marks)
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You will need to take a stance on the issue and convince the reader of the merits of your argument.
The position paper should be 6-8 pages, double spaced, 12/Times New Roman font Success Criteria:
Part 1: Selection of Topic- All students are required to select a topic.
Part 2: Research- The purpose of the research is in order to collect effective and accurate evidence to support your position on the issue in your paper.
Evidence collected must be taken from scholarly and reputable sources.
Part 3: Essay Outline- students must ensure that an outline for their essay is properly planned, a strong thesis is constructed and appropriate evidence is selected to support their argument. Some examples of supportive evidence include quotations from significant historians, documents, politicians, leaders etc.
Part 5: Final Copy- Students are to be typed, 12 font, Times New Roman, Double space, 6-8 pages.
Listing Steve Cole and Amy Doe Agreement Steve Cole and Amy Doe showed up at your agency while you were on the floor. They are interested in selling their home and are ready to sign a Listing Agreement with you.
Listing Steve Cole and Amy Doe Agreement
You let your broker know and she has told you to fill out the forms and show them to her for approval. Complete the Listing AgreementPreview the document using the information below. The information you need: The property is located at 100 S. 4th Street, Weatherford, Oklahoma. Legal Description is Lot 4, Block 5 of the Hahns Addition to the City of Weatherford, Oklahoma. The Sellers wish to list the property at $185,000. The Listing will begin on January 27th, 2019 and expire on March 27th, 2019. The commission is 6% (no other special conditions relating to commission). Sellers will allow a lockbox on the property. Sellers will allow disclosure of offers to others. Title Company fees are estimated to be $500. Seller does not agree to a Residential Service Agreement. The property is not located in a flood zone.No other special conditions. Acceptance is the day you prepare the Agreement. You will also need to prepare a Disclosure StatementPreview the document for the house. The Sellers are not aware of any defects to the property. However, this form is not one you can complete in Adobe, so please review and become familiar with the form. You do not need to submit it with the Listing Agreement.
International Intellectual Property Law Statement: “If a right related to copyright is relied upon to prevent the marketing in a Member State of products distributed by the holder of the right or with his consent on the territory of another
International Intellectual Property Law
Member State on the sole ground that such distribution did not take place on the national territory, such a prohibition, which would legitimize the isolation of national markets, would be repugnant to the essential purpose of the Treaty, which is to unite national markets into a Single Market”. Deutsche Grammophon v Metro [1971] ECR 487
Task: Write a report which analyses how successful the European Court has been in balancing these competing interests in conjunction with Treaty Obligations. In light of the above statement by the European Court of Justice You should:
(a) Examine the impact of the free movement of goods principle on intellectual property,
Ethics and Administration of Justice and Respondent Key Cite Yellow Flag – Negative Treatment
Distinguished by In re Riehlmann, La., January 19, 2005
Ethics and Administration of Justice and Respondent
125 Ill.2d 531
Supreme Court of Illinois.
In re James H. HIMMEL, Attorney, Respondent.
No. 65946.
|
Sept. 22, 1988.
|
Rehearing Denied Jan. 30, 1989.
Synopsis
In a disciplinary proceeding, the Supreme Court, Stamos, J., held that attorney’s failure to report misconduct on part of the attorney who has formerly represented the client and has converted client’s settlement, in violation of the rule, warrants a one-year suspension, not a merely private reprimand.
Ordered accordingly. West Headnotes (7)
[1]
Attorney and Client
EvidenceActions of client would not relieve the attorney of his own duty to report another attorney’s misconduct, and accordingly, dispute as to whether client informed Attorney Registration and Disciplinary Commission of misconduct on part of client’s former attorney is irrelevant to resolving whether attorney violated Disciplinary Rule by failing to disclose information regarding the other attorney’s misconduct. Code of Prof.Resp., DR 1-103(a), S.H.A. ch. 110A, foll. ¶ 774.
9 Cases that cite this headnote
[2]
Attorney and Client
Defenses
Client’s direction that attorney not report misconduct on part of another attorney does not provide a defense to charge against an attorney for failure to disclose misconduct. Code of Prof.Resp., DR 1-103(a), S.H.A. ch. 110A, foll. ¶ 774.
Cases that cite this headnote
[3]
Attorney and Client
Character and Conduct
If an attorney’s conduct violates rule requiring an attorney to report attorney misconduct, the imposition of discipline for such breach of duty is mandated. Code of Prof.Resp., DR 1-103(a), S.H.A. ch. 110A, foll. ¶ 774.
2 Cases that cite this headnote
[4]
Attorney and Client
Character and Conduct
Information attorney obtained regarding misconduct on part of client’s former attorney who had converted client’s settlement was not protected by attorney-client privilege, so as to exempt attorney from operation of rule requiring him to report attorney misconduct; client had discussed matter with attorney at times when her mother and her fiance were present, and attorney discussed former attorney’s conversion of client’s settlement with insurance company involved, insurance company’s lawyer, and former attorney himself, with consent of client. Code of Prof.Resp., DR 1-103(a), S.H.A. ch. 110A, foll. ¶ 774.
12 Cases that cite this headnote
[5]
Attorney and Client
Character and Conduct
An attorney violates rule requiring him to report attorney misconduct by failing to report another attorney for conversion of client’s settlement, and discipline is required. Code of Prof.Resp., DR 1-103(a), S.H.A. ch. 110A, foll. ¶ 774.
3 Cases that cite this headnote
[6]
Attorney and Client
Nature and Purpose
When determining nature and extent of discipline to be imposed, attorney’s actions must be viewed in relationship to the underlying purposes of the disciplinary process, which purposes are to maintain the integrity of the legal profession, to protect the administration of justice from reproach, and to safeguard public.
7 Cases that cite this headnote
[7]
Attorney and Client
Definite Suspension
Attorney’s failure to report misconduct on part of client’s former attorney who has converted client’s settlement warrants a one-year suspension, not a merely private reprimand. Code of Prof.Resp., DR 1-103(a), S.H.A. ch. 110A, foll. ¶ 774.
1 Cases that cite this headnote
Attorneys and Law Firms
**790 *534 ***708 William F. Moran, III, of Springfield, for the Administrator of the Attorney Registration and Disciplinary Commission.
James H. Himmel, of Palos Heights, respondent pro se.
George B. Collins, of Collins & Bargione, of Chicago, for respondent.
Opinion
Justice STAMOS delivered the opinion of the court:
This is a disciplinary proceeding against respondent, James H. Himmel. On January **791 ***709 22, 1986, the Administrator of the Attorney Registration and Disciplinary Commission (the Commission) filed a complaint with the Hearing Board, alleging that respondent violated Rule 1-103(a) of the Code of Professional Responsibility (the Code) (107 Ill.2d R. 1-103(a)) by failing to disclose to the Commission information concerning attorney misconduct. On October 15, 1986, the Hearing Board found that respondent had violated the rule and recommended that respondent is reprimanded. The Administrator filed exceptions with the Review Board.
The Review Board issued *535 its report on July 9, 1987, finding that respondent had not violated a disciplinary rule and recommending dismissal of the complaint. We granted the Administrator’s petition for leave to file exceptions to the Review Board’s report and recommendation. 107 Ill.2d R. 753(e)(6).
We will briefly review the facts, which essentially involve three individuals: respondent, James H. Himmel, licensed to practice law in Illinois on November 6, 1975; his client, Tammy Forsberg, formerly known as Tammy McEathron; and her former attorney, John R. Casey.
The complaint alleges that respondent had knowledge of John Casey’s conversion of Forsberg’s funds and respondent failed to inform the Commission of this misconduct. The facts are as follows.
In October 1978, Tammy Forsberg was injured in a motorcycle accident. In June 1980, she retained John R. Casey to represent her in any personal injury or property damage claim resulting from the accident. Sometime in 1981, Casey negotiated a settlement of $35,000 on Forsberg’s behalf.
Pursuant to an agreement between Forsberg and Casey, one-third of any monies received would be paid to Casey as his attorney fee.
In March 1981, Casey received the $35,000 settlement check, endorsed it, and deposited the check into his client trust fund account. Subsequently, Casey converted the funds.
Between 1981 and 1983, Forsberg unsuccessfully attempted to collect her $23,233.34 share of the settlement proceeds. In March 1983, Forsberg retained respondent to collect her money and agreed to pay him one-third of any funds recovered above $23,233.34………..
HIMMEL QUESTIONS.
Read the case of In re Himmel, 125 Ill. 2d 531 (1988), and answer the following four questions:
How do you think the court’s holding in Himmel could be applied to nonlawyers?
(Your class notes should assist you with this question). (4 points)
How did the court rebut Himmel’s argument that the information shared by his client was privileged? (2 rebuttal factors, 2 points)
How did the court rebut Himmel’s argument that his failure to report Casey’s misconduct was motivated not by financial gain but by the request of his client?(Give me three mitigating factors and three factors which outweighed the mitigating factors). (6 points)
Do you agree or disagree with the Court’s decision to suspend Mr. Himmel for 1 year? Give two points in support of your answer. (2 points)
Judge James Shoreman is up for reelection in 2 months. He has a full docket on Monday morning. Two of the individuals on this docket are Thomas J. Catalano and Abdul Hussein Jabari.
Mr. Catalano has been charged with involuntary manslaughter. His prior record consists of breaking and entering, assault on a police officer, and possession of narcotics. Mr. Catalano has a “high-priced” lawyer with the discretionary funds for an additional investigation. Mr. Catalano has a wife and two children. He has been employed for 5 years for the local banking institution. Mr. Catalano has received a 10-year probation sentence with the stipulation that if he violates this probation, he will serve the remainder of the sentence in the state prison.
Mr. Jabari has been charged with the distribution of a controlled substance (prescription drugs). His prior record consists of possession of narcotics and falsification of identity. Mr. Jabari has a court-appointed lawyer who is on the pro bono list maintained by the judge. His funds are limited but the Muslim community has rallied to his financial aid, and there have been demonstrations at the courthouse. Mr. Jabari has a wife and three children. He has been employed for 8 years as the chief chef at a local restaurant. Mr. Jabari has received 7 years in the state prison, without the possibility of good time.
Looking at the family situations, the employment situations, and community support, give a reason why you think the judge would render such decisions.
How could the judge support his decisions?
Do you think he showed any type of bias? Why or why not?If he did, what form of bias?
Could the demonstration have had an adverse effect upon the sentencing? How? Why?
Search the Web, and find 2 examples in which minorities were sentenced unfairly.Explain the reasoning behind this sentencing, and determine if the sentences were fair or biased.
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This is for my conventional law class and we have to watch the videos and pretend we are members of the jury, and analyze the case, and decide the results.
We are going to look at a fairy tail trial. Part 1 and part 2 are below. You are a member of the jury…..
Watch the YouTube videos and then answer the questions that follow….
Now that the trial is over it is YOU, the jury, who will determine guilt or innocence of Goldie Locks. In order to come up with a decision, you will discuss the important constitutional issues that came up during the investigation and trial. If any part of the constitution is violated, it might require you to exclude evidence. The less evidence you are able to use, the less likely it is that you will have enough to find Goldie guilty.
Did Goldie Locks get a Fair Trial?
Did Goldie Locks get Counsel at the right time?
Was the Search of Goldie Locks and Seizure of the cell phone constitutional?
Was Goldie Locks properly Mirandized?
Was Goldie Locks able to Confront the Prosecution Witnesses?
~~~~~~~~~
These questions need to be answered or filled in, in relation to the case as well, but are there to help gather information to form your position.
Search and Seizure
The _____ Amendment outlines the requirements of a lawful search and seizure.
Since the police did not get a warrant before searching Goldie, is there any way that her possession of the Bear’s cell phone can be used as evidence of a crime? Why or Why not?
Now imagine that Goldie had left the Bears’ house and gone back to her own residence. In what situations could the police search her or her property?
Self-incrimination
The ____ Amendment says that an accused person has the right against self-incrimination.
The case of _________ v. __________ created the requirement that the police inform a person in custody about their rights before they are questioned.
Goldie confessed to the crimes. Why does the judge rule her confession inadmissible?
The ____ Amendment describes many rights of the accused, such as the right to an attorney and the right to a fair trial.
Goldie was appointed Mr. S.A. Knight as her defense attorney. The case of ____________ v.__________ allows even the poorest of criminal defendants the right to an attorney appointed by the court.
Why is the right to confront witnesses so important in the case of The People v. Goldie Locks?
What factors would make it difficult to find an impartial jury for Goldie?
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Federal statutes ordinarily apply to conduct that occurs only within the United States and its territories. However, some laws are deemed to be extraterritorial, that is, they apply outside the U.S.
as well as within the U.S. “Extraterritoriality”’ may apply to both civil and criminal statutes. Prepare
answers to the following questions, but do so within a well-written research paper« you need to cite case law and/or statutes to support your answers.
1. How does a federal statute become extraterritorial? In other words, what makes a statute extraterritorial? Explain.
2. Identify the kinds of laws that are extraterritorial, providing specific examples of such taws.
3. To whom do these laws apply when enforced outside the U.S.? U.S. citizens? Non-U.S. citizens? And, in which courts, and where, would enforcement take place?
4.Are there “safe harbors” for some business practices that would violate U.S. law?
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