Assume Plaintiff from California sues two defendants, Defendant 1 from New York and Defendant 2 from Texas, for negligence arising from a car accident that took place in New York. Plaintiff is seeking $75,000 jointly from the defendants. Plaintiff files her case in state court. The defendants file a removal to federal court, and the plaintiff seeks a remand back to state court. How should the court rule on plaintiff’s remand?

Select one:

a. The court should not remand the case because there is diversity of citizenship.

b. The court should not remand the case because it has proper subject matter jurisdiction.

c. The court should remand the case because the claim does not raise a federal question.

d. The court should remand the case because it does not have proper subject matter jurisdiction.

e. None of the above

In most common law jurisdictions, a criminal defendant has to be found guilty both in mind and in deed. But there are exceptions to the principle that "guilty mind" must be proved. True or false? Elaborate.

CASE STUDY:

Jolinda Hobble had a history of her left knee slipping out of joint since 1998.  She went to see Dr.  Ralph J. Verygood, an orthopedic surgeon who recommended corrective surgery after Jolinda had  a major dislocation of the left kneecap in July of 2000.  As a result of this surgery, Jolinda suffers from  palsy of her left foot, a condition evidenced by numbness in her big toe and three adjoining toes, the numbness extending about half way up her foot on both the top and the bottom.  Jolinda was advised that she might still experience postsurgical knee problems, including inability to walk altogether.  She also says that she was not specifically warned about possible postsurgical numbness to either her left leg or foot. Dr.Verygood says that he did indeed warn Jolinda about this possibility.

The surgery was performed July 31, 2000.  Jolinda was placed under general anesthetic and remained unconscious throughout the operation.  Dr. Verygood performed a surgical procedure which has the effect of realigning the entire mechanism controlling the kneecap in order to correct the knee dislocation.  During the operation a pneumatic tourniquet was applied to Jolinda's leg to help the operation procedure by cutting off the blood supply to the leg to create a dry (bloodless) surgical field.  Following surgery Jolinda's leg was wrapped by Nurse Vicky with a padded dressing consisting of expandable bandage extending from the toes to the top of her leg.  Nurse Vicky is an employee of the hospital. 

Dr. Verygood was scheduled to take a few days vacation after the operation, but he nevertheless checked on Jolinda in the recovery room within one hour of the surgery. He also wrote detailed orders to be followed during his absence.

Jolinda says that she first awakened around dinner time on the day surgery was performed, but that she did not regain full consciousness until the following morning.  At that time she became aware of a throbbing pain in her left leg which was concentrated on the knee and foot. Jolinda first complained about the pain to the hospital nurse, Nicky the morning after surgery. Nothing was done about the pain, however, until she was checked by Dr. Greatman, Dr. Verygood's partner, on the second postoperative day.  Following Dr. Greatman's visit, Jolinda's bandages were cut off in the foot area giving her some relief and after which she experienced a tingling sensation throughout the whole foot.

Jolinda received follow up care from Dr. Verygood after  surgery for about one year and during this time period Jolinda's complaints of pain and numbness in her left foot continued.

1. Here is some more information to consider:  You end up hiring for your expert, Dr. Richard Cutgood, a board certified orthopedic surgeon, who had performed literally thousands of knee surgeries in his medical career.  Dr. Cutgood is of the opinion that the risk of the type of injuries Jolida has following this type of surgery was statistically nonexistent.

   Dr. Cutgood  concluded that the most probable cause of plaintiff's injury was external pressure either from the tourniquet used during surgery or from the application of tight bandages after the operation.  He considered the probability of nerve damage during the actual surgical procedure to be small because the surgical knife "isn't long enough to reach over and cut that nerve."   Regarding the tourniquet, from his experience tourniquet pressure ordinarily does not result damage to the nerves unless "it is incorrectly applied or it is applied over a bony prominence or the tourniquet itself is defective."

   Dr. Cutgood stated that while nothing in the record indicated that defendant did anything wrong during the surgery, he was of the opinion defendant was "below the usual and customary standard of care" as such result "does not generally occur without some untoward action of the surgeon."

   Does the doctrine of Res Ipsa Loquitor apply to this case?  What does this legal term mean?  What are the conditions that need to be present for this doctrine to apply?

based on your additional research, should police departments employ predictive policing to reduce crime with limited resources? Be sure to carefully defend your response with reasons and consider an objection (which you respond to) before you conclude the argument.

My response: I agree that being a part of the white society is like the concept of invisible privilege that has a familiar simile in that it is analogous to an invisible weightless knapsack. This metaphor emphasizes that white privilege, even though it may not be immediately obvious, has considerable advantages and opportunities that may include a lot of benefits and freedom to life. White people benefit from the structures and institutions in which they live. In the same culture, they were trained to be oblivious to their benefits. The undeserved advantages that were created by white people made people of color feel as if they were being oppressed. It is a norm and dominating racial power to be white in this society. For instance, if a white person comes into a new neighborhood, they are fairly certain that the bulk of their neighbors are the same color as them. A person has no idea of the advantages they have until they put themselves in the shoes of other people of color. Peggy McIntosh said that white advantages don't originate from a fault in a single human or from a single individual using them. It is via an inherent fault in the system that white privilege is created. If we wish to effect systemic change, it must occur inside the system. Systems have a major impact on individual behavior in the social world. We may all do our part to hasten the end. McIntosh maintains that white people may see racism in a different way when something gives them an advantage over others, not because it benefits white people. Systemic oppressions have interactive and internalized characteristics. Teaching racism as an act rather than an overall system that advantages the dominant group makes it difficult for white people to see themselves as racists. Embedded systems can't be eliminated, the recognition of them is important. Change won't come from just being dissatisfied with the system. McIntosh's example offers many benefits for comprehending white privilege. There are many advantages to understanding white privilege as the McIntosh example demonstrates. While it is true that 'whiteness' is simply about skin color, the various definitions of race reveal that it is really much more than that. The fact that McIntosh refers to white advantage rather than non-white disadvantage when framing the discussion of race reinforces the overall idea that race should be seen in terms of advantage rather than disadvantage.

include

1. Introduction

-State thesis and summarize argument

-Define any key terms

2. Main Body

-Argument 1, Argument 2, Argument 3

3. Objection

-Response to objection

4. Conclusion

-Restate thesis/summarize your main arguments