Describe Perez v. Mortgages Bankers Association.

Posting #1 Due Thursday of the Week (worth 4 points): Find the case that is next to your assigned number. (You received a number during the first week of class). Now go to that case, read it and become the “expert” on that case for the class. Once you have read that particular case, then you should “present” it to the class via this discussion board. Your presentation should structured and follow the below mandatory presentation parts:1. Style of the Case: Type in the name of the case, the page number in the book and finally the jurisdiction of the court (ie. what court rendered the decision).2. Facts of the Case: Type in the key facts of the case3. The Legal Issue: Type in the primary legal questions in the case (ie. what are the legal issues that the court is addressing)4. The Holding: Type in the court’s answer(s) to the question(s) (ie. the holdings of the case)5. The Court’s Rational: Type in the court’s reasons for the holdings6. Dissenting Opinion’s Rational: The arguments of a dissenting opinion (if the text includes one).14 Perez v. Mortgages Bankers Association https://scholar.google.com/scholar_case?case=2794976277986275248&q=135+S.+Ct.+1199&hl=en&as_sdt=40003 (Links to an external site.)https://www.oyez.org/cases/2019

Considering the facts of the case, would Mike be a good candidate for a pretrial diversion program?

Assignment: Read the following facts scenario and answer the questions presented. You should reference specific course concepts learned from the material. (Material Attached) This is not simply an opinion paper.Facts ScenarioFor this last week, we are changing the facts.Linda has not heard from her friend Jennifer for a few days. She has called Jennifer and her husband, Mike, numerous times with no answer. Linda becoming very worried goes to her friend’s home. She finds that the front door is unlocked and enters the home. Inside she finds that Jennifer has been brutally beaten and appears to be barely breathing. Linda calls 911. Both an ambulance and the police are dispatched to Jennifer’s home. Jennifer is taken to the hospital, and she is treated for her injuries. There is no sign of her husband, Mike.The police open an investigation. After Jennifer regains her strength, she is questioned by the police. Jennifer tells the police that her husband, Mike, beat her up and left. The police immediately begin trying to locate Mike. After a week of searching, the police find Mike when he returns to his home. The police immediately arrest Mike; even though, he has never been charged with any other crime or been involved in a domestic dispute.Considering the facts of the case, would Mike be a good candidate for a pretrial diversion program? Explain.Assuming he is a quality candidate for a diversion program, what steps would he have to take to set-up his program?What are some of the things Mike will likely have to do to complete his program?

Describe Growth and Flexibility .

In correction 1 I received these comments: You did well to review the major points of the studies and provide a summary of the author’s findings. The following will need review and to be added to the week six paper:Article OneSample selection- Review this link for help in this areahttps://www.ncbi.nlm.nih.gov/pubmed/1833537Statistical test used to analyze dataStrengths of the research study itselfArticle TwoSample selection- Review this link for help in this areahttps://www.ncbi.nlm.nih.gov/pubmed/1833537Statistical test used to analyze dataStrengths of the research study itselfAPA format needs review and comments have been made throughout the paper. Citation format needs review as several were missing. Reference section needs review. You will see 0 points in this area with .5 added back to the overall score. Future work must have citations included throughout the body of the paper.Please visit the following link for help in this area: https://owl.purdue.edu/owl/research_and_citation/apa6_style/apa_formatting_and_style_guide/general_format.htmlPlease use the research articles given in citations and headers to make the correctionsFor Correction 2 I received the following comments:Your paper was well organized and easy to follow. I appreciate that!You did well to address some but not all the necessary areas of the rubric. See below which will need to be added to the week six paperYou need to review the five dimensions of expertise and provide examples of each dimension as it relates to your career.1- Knowledge- note three types (see page 55 of the Van der Heijden article)2- Metacognitive knowledge3- Skills Requirement4- Social Recognition5- Growth and Flexibility Please add these with the header for each section (1-5) for the correction 2 essayThese is no need for a title or abstract. These are corrections for me to add.

Consult the sample Legal Memorandums in PCD and Statsky.

People v. Stan KantonASSIGNMENT: Stan Kanton has contacted our office to discuss the possibility of appealing his conviction for theft. Please review the following facts as well as the legal authority that I have located to determine whether a basis for appeal exists. If so, please identify the legal issues to be raised in the appeal, and the strengths and weaknesses of any legal arguments involved. In preparing your memorandum, please consult the sample Legal Memorandums in PCD and Statsky. Please note, this is a closed memo. Therefore, it is important that you do not conduct any outside research or apply any outside law in your analysis/conclusions. Apply the law as provided.FACTS: Stan Kanton, an unemployed 24 year old man, stands convicted of Theft by Pickpocketing. At approximately 3:15 p.m., on the afternoon of July 21, 20___, police were dispatched in response to a call made by Andrew Smith, a middle aged man, claiming that his wallet had been stolen while awaiting a signal change at the intersection of Electric Avenue and Broken Dreams Boulevard. A witness, Mrs. Esther Sayso, told police that she saw a young man deliberately walk into the back of Mr. Smith. According to Mrs. Sayso, while pretending to assist the victim in regaining his balance following the collision, the pickpocket placed his hand into the lower pocket of Smith’s suit coat and removed an item. Both Mr. Smith and Mrs. Sayso claim that the perpetrator then offered some rapid mumbled apologies, and quickly fled the scene. Andrew Smith, disoriented following the impact, was unable to offer any physical description of the perpetrator, other than the fact that he was wearing a blue hooded sweatshirt and white sneakers. Mrs. Sayso, on the other hand, claimed that she “got a pretty good look at the punk” and agreed to work with police to create a composite sketch. On July 23rd, that sketch was used to identify, capture, and charge Stan Kanton with the crime. Stan could not provide an alibi for the afternoon of July 21, but voluntarily participated in police questioning until it “reached the point that he felt it would be smart to get an attorney in there.” At no time was Stan asked to participate in a line up. According to our client, the conviction was obtained based on the police report, statements offered by Esther Sayso and Andrew Smith at the time of the event, Stan’s admission to police that he “almost always wears a blue hoodie and sneakers” and the sketch, which was introduced and admitted as evidence despite a hearsay objection raised by Stan’s defense counsel. Andrew Smith was shown the composite sketch for the first time while offering his testimony in court, and stated on the record, “Yeah, that sure could be the guy.” A few days before trial, Mrs. Sayso suffered a serious fall down a flight of stairs, resulting in her death and inability to testify. Stan Kanton’s defense attorney chose not to have him testify on his own behalf. LEGAL AUTHORITY:Relevant portions of the Liliput Rules of Evidence and Procedure provide, in part, the following:L.R.E.P. Rule 352.6 : A composite sketch is an out of court statement by a witness and is hearsay, but may be admitted as an exception to hearsay when offered by a person testifying under oath to have perceived the subject of the sketch. L.R.E.P. Rule 501 : A composite sketch is allowed when, in an investigation, it is used to select subjects for a police line-up or, at trial, it is used to bolster identifying witness testimony.In Stonewall v. The State, Rupert Stonewall appealed his conviction for 1st Degree Attempted Robbery and 2nd Degree Assault after being arrested on the strength of a composite sketch created by the victim and a police artist. Stonewall argued that the District Court erroneously admitted the sketch, which was hearsay because the witness who participated in the creation of sketch was unavailable to testify and be cross-examined at trial. The Liliput Supreme Court upheld the conviction, ruling that the composite sketch was admissible as a hearsay exception because, prior to moving from the state, the witness was sworn in and deposed regarding the events giving rise to trial. The deposition was taken under oath, defense counsel was present at the deposition, and hence, had ample opportunity to question the witness regarding the events. [Stonewall v. The State, 51 L.P.T 241 (2012)]In State v. Quencher, the District Court found Albert Quencher guilty of Theft from a Mercantile Establishment. Witness A, a store security guard, assisted police in creating a composite sketch which allowed police to detain Quencher for questioning. Both Witness A and Witness B picked Quencher out of a police line-up, and he was subsequently charged with the theft. At trial, the prosecution presented the sketch to Witness B while she was on the stand, and asked her if she recognized the person represented in the drawing. Witness B answered in the affirmative, indicated that it was quite clearly the Defendant, and pointed directly to Albert Quencher, who was seated in the courtroom. Quencher’s attorney objected, and Judge Harshly overruled the objection stating, “It is true that, in the ordinary process of a witness assisting in the creation of a composite sketch, the witness may be open to the influence of the police artist, and as such, caution should be used in allowing such evidence due to factors inherent to reliability. In this case, however, the witness in question has merely been presented with the sketch, and was not involved in its creation. She previously identified the defendant under circumstances which would not have subjected her to any direct influence by the sketch, has been called to provide direct testimony regarding his involvement in the theft, and simply recognized him, once again, from the sketch.

Create a set of questions (minimum of six (6)) you could take to the appropriate people in the company to learn more about the “order placement” process in order to uncover any missing aspects from your DFD.

You are to select one of the following companies – Amazon, eBay, Target, Barnes & Noble, any major travel site, any major airline, any major hardware/software retailer, or any major mobile provider – or a retail company of your choosing (with my approval). With this company and their website in mind, you need to complete the following:Create a Context Diagram and a Level-0 Diagram for the “order placement” process. You do not have to actually place an order or spend any money.Create a set of questions (minimum of six (6)) you could take to the appropriate people in the company to learn more about the “order placement” process in order to uncover any missing aspects from your DFD.Brainstorm two (2) new functionality features for the company’s “order placement” process.

Who inspires you?

See next pages for gradingAssignment 4.1Special Occasion Speech OutlineDue Week 8: 45 points1) Select either Topic A or Topic B for your special occasion speech.oTopic A: Who Inspires You? | Deliver a speech of introduction in which you introduce a person who inspires you.oTopic B: Employee of the Month | You have been given an award for “Employee of the Month” and must give an acceptance speech at an awards banquet. Deliver your speech of acceptance.2) Create an outline or speaking notes in Microsoft Word.oDownload the Microsoft Word template in the “Assignment 4.1” section located in Week 8 of your course.oStructure and organize your speech so you’ll stay within the 2-minute time limit.3) Submit the completed Microsoft Word template in Blackboard (this is separate from your speech/self-review).