WDW101Y1 Lecture Notes - Lecture 10: Extortion, Indictable Offence, Strip Search

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byzantiummuskrat913

7 Apr 2012

School

UTSG

Department

Woodsworth College Courses

Course

WDW101Y1

Professor

William Watson

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Document Summary

Accused charged with a summary conviction matter is not entitles to a pi. Prelim=lower court screening of cases destined for the superior court. An accused charged with an indictable offence is entitled to a preliminary inquiry unless it is an offence under sec553. If an accused is charged with an indictable offence other than a 469 or 553 offence the accused has 3 choices of how their trial will be processed. Pi always held in a provincial court: 469 must be tried by a superior court of justice with a judge . Cdsa, s. 4(1) except as authorized under the regulations, no person shall possess a substance included in schedule i, ii, or iii. Possession of marijuana or hash is a hybrid offence. If we are found with 10g of marijuana we are in subsection (5) we have an amount less than that listed in schedule 8. We do not fit into the exception listed in sub section (5).

Related Questions

Fact Pattern

1. On 18 Sept 2017, Officer Steve Jones received an anonymous tip that Mr. James Fox lived in a house at 120 Verlinden Drive and is growing marijuana in the basement â at least 400 plants.

2. Officer Jones completed the 26 week Police Academy. During the academy, he had 40 hours of instruction specifically related to identification, detection and manufacturing of controlled dangerous substances, including marijuana. He has been an officer for over 20 years and has been assigned as an investigator in the Drug Enforcement Division for the last 15 years. Over the last 15 years, he has received additional training with regard to controlled dangerous substances, including NIK Polytesting System on narcotics identification; Counterdrug Training Center Basic Drug Identification Course; the "Top Gun" basic drug investigators school hosted by the National Drug Training Center and the State Police; the Aerial Marijuana Observation course hosted by the Department of Justice and Drug Enforcement Division; and the MAGLOCLEN Drug Investigation Seminars in 2010, 2011 and 2012. He has made hundreds of arrests for controlled dangerous substances and has written numerous drug-related search and seizure warrants and participated in the execution of many, including those related to the manufacturing and distribution of marijuana.

3. Officer Jones enlisted an informant to check out the house and try to buy some marijuana. The informant has no track record working for the police but the prosecutor referred him to Jones because the informant wanted to help reduce a possible drug distribution sentence.

4. The informant came back a few days later and told Jones that on 19 September he saw Fox and another man carry a carbon dioxide tank and other equipment into the house and drag two laundry bags to a Chevy (a 1990 Malibu) parked on the street in front of the house. (Officer Jones later runs the tag and the car is registered to James Fox). The informant tried to buy marijuana that evening and as soon as he entered the house the informant could smell the odor of marijuana. Fox bragged he had an unlimited supply of marijuana so he could do business with the informant, but begged off selling any marijuana that evening. Fox excused himself and went to the basement door. When the door was open the informant saw extremely bright light emanating from the basement.

5. Based on this informant on 21 September, Officer Jones pulled Foxâs electric bills. Foxâs average kilowatt usage was more than three times the normal usage as verified by the electric companyâs manager, Joe Thornton. Officer Jones then drove to Foxâs house saw the Malibu parked on the street. Officer Jones looked through his binoculars while standing on the street and observed very bright glowing lights and the top of marijuana plants.

6. Officer Jones reviews all the evidence and decides to get a warrant. Today is 22 September and a check of Foxâs bank accounts show deposits in cash weekly from $1000 to $5000. Mr. Fox does not appear to have other employment as confirmed by the State Unemployment Office. Mr. Fox gets from the State $1500 a month which matches deposits made into Mr. Foxâs account.

CRIMINAL JUSTICE QUESTION. I JUST NEED A DECENT SIZE PARAGRAPH SO I CAN EXPAND ON IT FOR MY ESSAY.

Assuming Officer Jones now has the information set forth in paragraphs #1 through #5 below, would he have probable cause for a the search warrant? Why or why not?

Question 1

You are president of ACME Enterprises. Every year you have to pay a federally imposed fee for your business. This statute arises from a statute that was previously passed by the United States Congress. Being very "anti-tax" you decide one year that you are tired of paying the fee and that you want to get the fee eliminated. However, you do believe that the fee is constitutional. Which branch of government could pass a law which could eliminate this fee for you?

Judicial B. Legislative C. Executive D. Municipal

Question 2

Which of the following statements is not true?

Bob, a resident of New Jersey, sues Ed, a resident of Florida, for $100,000 over a real estate deal. Bob must bring his suit in a Florida court. B. The conflict of laws may guide a federal court in deciding which state's laws to apply in a case. C. Federal courts have exclusive jurisdiction over bankruptcy cases. D. You are not required to be represented by an attorney in small claims court

Question 3

You were convicted of the federal crime of possession of cocaine with intent to distribute across interstate lines. Your case was tried in the United States District Court for the Southern District of West Virginia. Now, you wish to appeal your case to get your conviction overturned. To which body should you first appeal your case?

United States Supreme Court B. 4^th Circuit Court of Appeals. C. United States Magistrate Court D WV Supreme Court

Question 4

Venue concerns:

Whether a federal court has jurisdiction B. The most appropriate court for the action to be brought within a particular state or federal jurisdiction C. Whether a state court has jurisdiction. Whether a defendant has properly served with process

Question 5

The decision of a state court can never be appealed to the U.S. Supreme Court.

True or False

Question Six

A rule of law enabling the defendant to win even if all of plaintiffâs allegations are true is a

Counterclaim B. Deposition C. Judgement N.O.V. D. Affirmative Defense

Question 7

Johnson is a creditor of Barnes. Johnson wants to file a petition to have Barnes declared bankrupt. Which of the following statements is true?

Johnson can file his petition in either state or federal court B. Johnson should file his petition in US. District court C. Only a federal bankruptcy can hear a bankruptcy case D. bankruptcy cases can be heard in federal tax court

Question 8

Which of the following is a type of alternative dispute resolution that is binding on the parties?

Mediation B. Non-binding arbitration C. Binding arbitration D. Summary jury trial

Question 9

A writ of certiorari is the most common way to appeal a case to the Supreme Court.

True Or False

Question 10

A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a:

Treatise B. Citation C. Brief D. Transcript

Question 11

Which of the following Alternative Dispute Resolution processes can result in a decision that, under most circumstances, can't be appealed to another organization?

Binding Arbitration B. Non-binding Arbitration C. Mediation D. Mini-trial E. A & C F. None of the above

Question 12

The decision of a mediator is binding upon the parties.

True or False

Question 13 A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Affirmative defense B. Cross-claim C. Counterclaim D. Dissenting opinion

Question 14

Federal question jurisdiction:

A type of jurisdiction possessed by state trial courts B. Is the most common form of U.S. supreme court jurisdiction C. requires that the amount in controversy be at least $10,000 D. is jurisdiction over questions arising under federal laws, treaties, and in the U.S. constitution

Question 15

The primary way a case can be appealed to the West Virginia Supreme Court is through filing a document referred to as a:

Writ of certiorari B. writ of habeas corpus C. writ of quo warranto D. writ of mamdamus

Question 16

Which of the following is NOT true of the appellate procedure?

The appellate court hears witnesses and fathers new evidence B. A transcript of the trial must be sent to the appeals court C. The appealing party must show that material errors occurred in the trial D. The appeals court may reverse and remand the decision

Question 17

If P sues D, and D wants to allege that P's own negligence caused her injury, D should allege this in:

The complaint B. The answer C. The reply D. The counterclaim

Question 18

Uncle Jesse wants to sue Cletus Hogg (Uncle Jesse's neighbor) for trespassing on Uncle Jesse's land and for causing $50,000 worth of damage to Uncle Jesse's land. Both Uncle Jesse and Cletus live in Jackson County, West Virginia. Uncle Jesse comes to the law office you work for and your supervising attorney concludes that Uncle Jesse's case can take place in state court in West Virginia. What court should your law firm file the complaint in?

Jackson county superior court B. Jackson county circuit court of appeals C. United states district court in the southern district of WV D. Jackson county circuit court E. 4^th court of appeals

Question 19

Cases heard in the federal courts must involve either a federal question or situations in which there is diversity of citizenship between the parties.

True or False

Question 20

In the American legal system, a judge cannot overturn a jury verdict.

True or False

Question 21

A U.S. Court of Appeals is empowered to:

Hear witnesses and determine facts B. Hear only patent, copyright, and trademark appeals C. Review legal conclusions reached by lower federal courts and administrative agencies D. Make findings of fact

Question 22

A mini-trial is conducted under the supervision of the court.

True or False

Question 23

Eve attempts suicide by locking herself inside the trunk of her car. Someone discovers Eve after several days. She is still alive. Eve sues the manufacturer of her car for a large amount of money because it did not provide for a latch inside the trunk. Which of the following may be the first step that the car manufacturer would want to make in this case?

Make a motion to dismiss the case B. Make a motion for a directed verdict C. Make a motion of judgement n.o.v D. Take the case to small claims court

Question 24

Which of the following is NOT true of trials?

Preponderance of evidence is the standard used in civil trials B. proof beyond a reasonable doubt is the standard used in criminal trials C. The state can make a motion for judgement notwithstanding the verdict when the defendant is acquitted in a criminal trial D. a directed verdict may be granted in a civil case if the plaintiffâs evidence is not sufficient to support her allegations

Question 25

You sued your brother in Kanawha County Circuit Court because he hit you with his car in Charleston, West Virginia and caused you to become partially paralyzed on the left side of your body. This civil law case does not involve any federal issues or law; the case is purely a state law case and it involves about $500,000 in damages. The case was tried in a state court in Charleston and your brother lost. Your brother now wants to appeal his case to try to get the jury verdict overturned. To what organization should your brother first try to appeal his case?

United States Supreme Court B. West Virginia Supreme Court C. Kanawha County Circuit Court D. Kanawha County Family Court E. West Virginia Legislature

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12-1: Group Work: Preliminary and Program Development Research

Purpose

To assess your ability to:

Determine the role of research in health education and health promotion.

Distinguish the four phases, based on research, in the design of health promotions programs.

Discuss some typologies of research, relating to the type of data, research styles, and research approach.

Action Items

In this assignment, you will conduct preliminary research to identify behavioral and environmental factors contributing to a health problem of your choice, as well as relevant stakeholders.

This is what you will do:

Select a health problem of your choice

Select at least three of the following techniques:

Epidemiological data

Formal and informal interviews with key informants

Group sessions

Focus group interviews

Questionnaires

Rapid participatory appraisal technique

Use the techniques you have selected to collect data on behavioral and environmental factors contributing to the health problem you chose, as well as relevant stakeholders.

Write a report that includes the health problem, techniques, and findings.

Submit your report and be prepared to share it with your classmates.

Submission Instructions

Complete and submit this assignment per your professor's instructions.

phc-112 health education and promotion / please i need the answer very quickl

Introduction

The focus this week is the role of research in health promotion. We will consider the four phases of research in the design of health promotions programs. These are: preliminary research, program development research, monitoring, and evaluation. Preliminary research focuses on diagnosis of the existing situation, the environmental and behavioral causes of health problems and the determinants of these causes. Program development research facilitates the development of programs and action plans. Monitoring aims to examine the ways in which programs are implemented, including the processes of participation and collaboration, in order to keep track of and/or improve the program. Evaluation involves a review of the results achieved in the program in terms of its effectiveness, efficiency and validity.

We will also consider the types and styles of research. Types of research include qualitative and quantitative. Some common research styles discussed in your textbook include experimental, survey, documentary-historical, and field study. During a group project this week, you will have an opportunity to conduct preliminary research to identify behavioral and environmental factors contributing to a health problem.

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WDW101Y1 Lecture Notes - Lecture 10: Extortion, Indictable Offence, Strip Search

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