CH 1, Q 4. Lance, a hacker, stole 15,000 credit card numbers and sold them on the black market, making millions. Police caught Lance, and two legal actions followed, one civil and one criminal. Who will be responsible for bringing the civil case? What will be the outcome if the jury believes that Lance was responsible for identity thefts? Who will be responsible for bringing the criminal case? What will be the outcome if the jury believes that Lance stole the numbers?

CH 4, Q2. Carter was an employee of the Sheriff's office in Hampton, Virginia. When his boss, Sheriff Roberts, was up for reelection against Adams, Carter "liked" the Adams campaign's Facebook page. Upon winning reelection, Sheriff Roberts fired Carter, who then sued on free speech grounds. Is a Facebook "like" protected under the First Amendment?

CH 5, Q1. State which court(s) have jurisdiction as to each of these lawsuits:

(a) Pat wants to sue his next-door neighbor Dorothy, claiming that Dorothy promised to sell him her house.

(b) Paula, who lives in New York City, wants to sue Dizzy Movie Theatres, whose principal place of business is Dallas.

(c) Phil lives in Tennessee. He wants to sue Dick, who lives in Ohio. Phil claims that Dick agreed to sell him 3,000 acres of farmland in Ohio, worth over $2 million.

(d) Pete, incarcerated in a federal prison in Kansas, wants to sue the U.S. government. He claims that his treatment by prison authorities violates three federal statutes.

Rubric

Chapter 1 Case Question 15 points

expand Chapter 4 Case Question assessment Chapter 4 Case Question 15 points

expand Chapter 5 Case Question assessment Chapter 5 Case Question 15 points

expand Thesis, Position, or Purpose assessment Thesis, Position, or Purpose 4.2 points

expand Development, Structure, and Conclusion assessment Development, Structure, and Conclusion 4.8 points

expand Mechanics of Writing assessment Mechanics of Writing 3 points

expand Format/Documentation assessment Format/Documentation 3 points

my answers.

Civil cases and criminal cases are legal cases for above questions. "Normal guideline deals with the honors and commitments between parties. Criminal guideline stresses direct so sabotaging that society outlaws it overall". "A culprit circumstance when the public power keeps a case in court to rebuke someone (the disputant) for completing a bad behavior. The high court of California". In case defendant saw as accountable during the primer, the outcome against stick, he can be denounced. Under normal case the matter will be bought by particular people whose Mastercard numbers was taken and proposed to dull publicizing where Lance had made extraordinary numerous dollars. The charge card holders will report normal assemblage of proof against Lance. On the judgment date jury will pick his discipline, accepting lance showed to be accountable, he will be recorded with criminal case by the state inspectors or lead examiner for completing bad behavior. Lance can be face jail terms for amounts of counts of bad behavior.

CH 1, Q 4. Lance, a hacker, stole 15,000 credit card numbers and sold them on the black market, making millions. Police caught Lance, and two legal actions followed, one civil and one criminal. Who will be responsible for bringing the civil case? What will be the outcome if the jury believes that Lance was responsible for identity thefts? Who will be responsible for bringing the criminal case? What will be the outcome if the jury believes that Lance stole the numbers?

Since Lance was caught selling stolen credit card numbers on the black market. The credit card company is responsible for filing a civil suit against Lance for each stolen credit card number stolen and sold on the Black Market. Now, if there was a consumer that was breached it would also be up to that consumer to also file civil charges against Lance. Even though the credit card company knows that the company had been breached by Lance, the consumer still must file charges against Lance to ensure that they are not help liable for those fraudulent credit card charges, as well as keeping from being sued by the merchant for those purchases being not honored by the credit card issuer later down the line. (Fine, 2020).

If Lance is found guilty, then the state prosecutor where he was arrested in will file criminal charges against him, if he is found guilty, Lance will have to pay restitution to the parties involved, court costs, fines, and fees, and possibly jail time. (Erstad, 2020). He may also be banned from using any type of electronic device, but that may be hard since Lance cannot be monitored all the time. But he will not be permitted to have a computer, or any type of electronic device that has access to the web. Lance will have the chance to be represented by free counsel also known as a Public Defender or Lance can higher his own attorney. Lance will be given the chance to either a Judge Trial or trial by jury. If Lance chooses to not plead guilty, he will go before what method of trial that he has chosen. Thus, the criminal charges may be lengthy due to the information needed to obtain these credit cards, such as birth date, social security numbers and addresses are needed to gain this type of information. So, the criminal charges that Lance may face may cause him to serve a prison sentence and not just a slap on the wrist with probation.

CH 4, Q2. Carter was an employee of the Sheriff's office in Hampton, Virginia. When his boss, Sheriff Roberts, was up for reelection against Adams, Carter "liked" the Adams campaign's Facebook page. Upon winning reelection, Sheriff Roberts fired Carter, who then sued on free speech grounds. Is a Facebook "like" protected under the First Amendment?

In the above scenario Sheriff Roberts doesn't have right to fire Carter from his job. Sheriff Robert takes the matter personally. "Carter has full right to sue Sheriff Robert, In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws". (Egemenoglu, 2020). Freedom of expression and speech can be dangerous. Example Freedom of expression can put individual on problem other people can target an individual. Sheriff Robert doesn't have right to take law in his hand he is stopping Carter from his rights. When people have power, then they do whatever that can to retain it for as long as possible. Sometimes having the freedom of speech reduces this power because it allows individuals to express criticism of those who are in power. During the election individual have they own right to vote choose the party for election. Facebook "like" is "protected under the first amendment under freedom of speech and expression". What Sheriff Roberts has done is close to bullying someone for what they think or how they feel. We are all entitled to have an opinion about any given subject, and with that we can give or opinion to agree or disagree. This does not make us wrong or right. When Sheriff Roberts fired Carter, Sheriff Robert's directly violated Carter's rights to freedom of speech. Liking something that another posts, does not necessarily mean that you like the person, it may have been he liked the way that the post was designed or the wording or even the colors. There are thousands of reasons why people like something that someone posts, but again we are entitled to like or dislike what we choose.

CH 5, Q1. State which court(s) have jurisdiction as to each of these lawsuits:

(a). Pat wants to sue his next-door neighbor Dorothy, claiming that Dorothy promised to sell him her house.

Pat will have to take Dorothy to Civil Court. Pat will have to prove that Dorothy agreed to sell her home to her. Pat will also need some sort of documentation stating that there was an agreement between the two parties, verbal agreements do not hold up well in court. Pat will need to file the complaint in court with the Clerk of Courts in their jurisdiction. Pat and or Dorothy will have the burden of proof to prove that this agreement is valid or not in front of a Magistrate Judge. The price can not exceed $75,000 or it may differ in different jurisdictions.

(b). Paula, who lives in New York City, wants to sue Dizzy Movie Theatres, whose principal place of business is Dallas.

While Paula resides in New York, her best option is to file her complaint in State court in Dallas, Texas. Even though Paula lives in New York, The New Nork Judicial system does not have jurisdiction over the theater because of the lack of contacts that the theater may have. The monies in question does not meet requirements of $75,000.

(c). Phil lives in Tennessee. He wants to sue Dick, who lives in Ohio. Phil claims that Dick agreed to sell him 3,000 acres of farmland in Ohio, worth over $2 million.

This case can be heard in State of Federal court in the in the Ohio jurisdiction. Again, either party must provide proof of the sale that did not go forward. While the amount well exceeds the $75,000. It still may be heard by the court that will have jurisdiction over Dick.

(d). Pete, incarcerated in a federal prison in Kansas, wants to sue the U.S. government. He claims that his treatment by prison authorities violates three federal statutes.

This case would need to be heard in a federal court. Because Pete is incarcerated in a federal facility, any case that needs to ligated will have to be held in front of a Federal Judge, or arbitrator.

References:

Fine, T. (2020). Excerpt reproduced from American Legal Systems:

https://www.lexisnexis.com/en-us/lawschool/pre-law/intro-to-american-legal-system.page

Erstad, W. (2020). Civil Law vs. Criminal Law: Breaking Down the Differences.

https://www.rasmussen.edu/degrees/justice-studies/blog/civil-law-versus-criminal-law/

Egemenoglu, E. (2020). First Amendment

https://www.law.cornell.edu/wex/first_amendment

Introduction To The Federal Court System.

https://www.justice.gov/usao/justice-101/federal-courts