Describe the procedural steps that would take place in the criminal charges brought against Mary Haverford in the above example.
What will be an ideal response?
Mary Haverford would be arrested by the officer who had probable cause that a crime had been committed. A warrant would not have been necessary because a crime had been committed in the presence of the arresting officer. Once taken into custody, Mary would be given her Miranda warnings. She would be booked. She is fingerprinted, given an ID number, with the defendant’s personal effects taken and placed into what is referred to as traps. She would be given the opportunity to call a relative or attorney, and then locked in the cell until arraigned before a judge.
Because this is not felony, she would not be indicted by a grand jury. The amount of bail would be set by the bail commissioner or at a bail hearing before a judge. She may post cash bail, obtain a surety bond or be released on her own recognizance. Mary would be arraigned, at which time she would enter a plea and elect a jury trial.
The prosecutor will share information relevant to Mary’s case. There may be some plea bargaining, and the prosecutor may be willing to enter a nolle prosequi some charges in exchange for a plea of guilty or of nolo contendere on others. If no plea bargain is achieved, the case will be set for trial. A pre-trial conference will be scheduled to identify the issues at trial. Pre-trial motions may be filed, such as a Motion for a Change of Venue or a Motion to Suppress. If the case goes to trial, jury selection would take place. The jury may reach a verdict of guilty or may decide Mary is acquitted or found not guilty.
Following a verdict, a pre-sentencing report is prepared by the probation department regarding the defendant. The defendant is then brought before a judge who imposes a sentence which could be a term of imprisonment, a suspended sentence, a fine or probation.
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A. Attorney who is a salaried employee of the law firm, does not have an ownership interest in the firm, does not share in the profits, and has no vote regarding management decisions. B. ?Licensed professionals who counsel clients regarding their legal rights, represent clients in litigation, and negotiate agreements between clients and others. C. ?A small law office that specializes in only one or two areas of the law. D. Employees who provide support to other staff positions in a variety of miscellaneous functions. E. ?The employee is not required to be paid overtime wages over 40 hours/week. F. ?Aperson who has technical expertise in a specific field and agrees to give testimony for a client at trial. G. ?Federal law that sets minimum wage and overtime pay requirements for employees. H. ?The chief for a corporate legal department. I. ?Services provided to clients in which the law is involved, but individuals providing the services are not accountable to a lawyer. J. ?A law student working for a law firm on a part-time basis while he or she is finishing a law degree; duties revolve almost exclusively around legal research and writing. K. Person responsible for maintaining a law library, conducting legal research, and managing library resources. L. ?Person responsible for some type of law office administrative system, such as general management, finance and accounting, human resources, marketing, or computer systems. M. ?Employees who provide assistance and support to other law office staff by preparing documents, composing correspondence, scheduling appointments, and performing other tasks. N. Anot-for-profit law office that receives grants from the government and private donations to pay for representation of disadvantaged persons who otherwise could not afford legal services. O. A group made up of attorneys, administrators, law clerks, librarians, paralegals/legal assistants, secretaries, clerks, and other third parties. Each provides a distinct range of services to clients and has a place on the legal team. P. ?In states where legislation has provided, a person qualified by education, training, and work to engage in the limited practice of law in the approved practice area as per the state's rules. Q. An attorney in a law firm chosen by the partnership to run the firm, make administrative decisions, and set policies. R. One who does not share in the profits or losses of the firm but may be included in some aspects of management and may be entitled to certain benefits. S. Employee is required to be paid overtime wages (time and a half) over 40 hours/week. T. ?An attorney affiliated with the firm in some way, such as a retired or semiretired partner. U. ?Personwho handles day-to-day operations of the law office, such as accounting, supervision of the clerical support staff, and assisting the managing partner. V. ? A unique group of people who assist attorneys in the delivery of legal services; they have knowledge and expertise regarding the legal system in order to provide substantive and procedural law that qualifies them to do work of a legal nature under the supervision of an attorney. W. An owner in a private law practice who shares in its profits and losses. X. An attorney hired by a firm with the knowledge and understanding that he or she will never be considered for partnership.?
After a proof of claim is filed, the court considers its contents ________ evidence of the creditor's claim
A) Prima facie B) Prima vera C) Clear and convincing D) Circumstantial
Which party makes the medical determination about whether or not a party is incapacitated and in need of a guardian and/or conservator?
a. Guardian b. Conservator c. Attorney for the ward d. Physician for the ward
The execution portion of a deed is known as the habendum.
Answer the following statement true (T) or false (F)