Reference no: EM133247146
Objectives: Appreciation for the value of consulting secondary resources in assisting the researcher in fully understanding legal issues, in assisting the researcher in further refining legal issues, and in helping the researcher in locating additional primary and secondary authority.
Please refer to the following scenarios and complete the steps below for each.
Scenario One
Flora Findley developed an interest in hydroponics and hybridizing plants and began growing plants under full-spectrum sunlight lamps in her home. Her teenage son also expressed interest in growing plants. She was pleased that she and her son could share an interest. One day, a police officer investigating a burglary next door came to Flora's home to ask if she had seen anything. He noticed all the plants growing under the lamps and quickly began inspecting them. He found a small plant that he thought was marijuana and promptly arrested Flora. Flora was convicted of possession but insisted that the search of her home was unwarranted. She wants to appeal the decision.
Scenario Two
Mr. Frank Incense was arrested for theft when he took $500,000 worth of tools from behind a neighbor's shed, which faced an alley. Frank insisted that he thought the devices were being thrown away. He was having financial difficulty and thought he could make some money by selling the tools. While being questioned, Frank asked for an attorney. Finally, he was provided with an attorney who specialized in Bankruptcy Law and was required to take on criminal cases pro bono. Unfortunately, the attorney really did not understand the criminal procedure, and as a result, Mr. Incense was not only found guilty but also received a very stiff sentence. Mr. Insence wants to appeal his case because he believes that he not only had a right to counsel but a right to counsel who was competent in handling criminal proceedings.
Scenario Three
Joe Valle and Fred Hamper were married after same-sex marriage bans were struck in 2015. Joe applied for family health insurance coverage in their home state of Georgia, and the insurance company refused to recognize the marriage; locate law to support Joe and Fred's case against Big Time Insurance Company.
Scenario Four
Shirley Baker is a young woman who has breast cancer. She has been on chemotherapy for several months and has experienced terrible side effects. She did receive a prescription for the medicinal use of marijuana while living in California but moved to Oklahoma to be closer to her family. Unfortunately, she did take several ounces of marijuana with her when she moved and was arrested while smoking marijuana on the front porch of her parent's home the evening she arrived in Oklahoma. She was convicted of illegally possessing the drug and wants to appeal her conviction.
Scenario Five
Joanna Spring always insisted that she never wanted to be kept alive by machines; she even stated that when she was a young teenager. Her parents understood her feelings on the subject. However, Joanna married Bill Spring and, one month later, was involved in an auto accident, which left her in a persistent vegetative state. Joanna's parents (Mr. and Mrs. John Winters) have sued to have Joanna taken off life support. However, Joanna's husband refused to allow the hospital to do so. Joanna's parents think it is only because he will not inherit Joanna's huge estate unless he has been married to her for more than two years. The court sided with Bill Spring and refused to order the removal of life support. Joanna's parents now want to appeal the decision and let Joanna die in peace before Bill becomes Joanna's heir.
Directions: Complete the following steps in the order provided:
Step One: Identify the legal issues involved in each case.
(Note that some scenarios may present more than one issue.)
Step Two: How to research the issues identified in each case?