Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Assignment: Each of the following examples presents a brief summary of the court opinion, followed by a client's fact situation. For each client fact situation,

image text in transcribed
Assignment: Each of the following examples presents a brief summary of the court opinion, followed by a client's fact situation. For each client fact situation, parts Athrough G, determine the following. 1. What are the fact similarities and differences between the court opinion and the client's situation? 2. Is the court opinion on point? Why or why not? 3. If the opinion is on point, what will the probable decision be regard to the question raised by the client's facts? Example 1 Court Opinion: State v. Jones. Mr. Jones, a first-time applicant for general relief funds, was denied relief without hearing. The denial was based on information in Mr. Jone's application indicating that his income was above the threshold maximum set by the agency regulations. The regulation provides that when an applicant's income or the financial support provided to an applicant plus income, exceeds $12,000 a year. the individual may be denied general relief funds. The regulation is silent about the right to a hearing. Mr. Jone's application reflected that the gross income from his two part-time jobs exceeded the maximum allowable income for eligibility by $2,000. He believed there were special circumstances that would allow him to be eligible for general relief. His demand for an appeal hearing to explain his special circumstances was denied. The court held that the due process clause of the state constitution entitles a first-time applicant for general relief funds to a hearing when special circumstances are alleged. The question is the following three fact situations is whether the client is entitled to a hearing. Part A Client's Facts: Torn lives at home with his parents. He has a part-time job. He does not pay rent or utilities. He uses the money from his job to attend school. and he has very little left over. His application for general relief was denied. The written denial stated that the combination of the support provided by his parents and his part-time income exceeded that maximum allowable income. His application for an appeal hearing was denied. Part B Client's Facts: In the last session of the state legislature. legislation was passed proving that when applicants for general relief are denied relief based on information provided in the application, they are not entitled to an appeal hearing. The purpose of the legislation is to cut cost. Mr. Taylor, a rst-time applicant for general relief funds, was denied benets based solely on his application. He believes that he has special circumstances that entitle him to benefits. His request for an appeal was denied. Dal-I'D

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Criminal Law And Its Processes Cases And Materials

Authors: Sanford H. Kadish, Stephen Schulhofer, Rachel E. Barkow

11th Edition

1543810772, 978-1543810776

More Books

Students also viewed these Law questions