boc

3/28/2009
My Business Law class overall was very entertaining. I was very thankful for the control of the class making it easier to learn. I believe we covered everything on our course syllabus. This class really opened my eyes on our court systems. I know why we have a Supreme Court system since are laws are always tested on how effective there are in our society. I was a little scared coming in to this class since I haven’t been in school since 2002. I really didn’t know that much about the law but have been involved in the law. I can take my knowledge of what I have learned and protect myself from bad renters. I can same day own a company and know the basic principles you need to legally call it a business. I’m glad there were multiple movies and examples to help us understand the material since I’m a visual learner. You can tell me something all day but if I you don’ t show me don’t expect it to stay in the old noggin. I believe I should receive A – since I have meet all the requirements of this class. I have always turned in my assignments on time and have never missed class. I don’t think I deserve higher since I have been late and have received B’s on both midterms.

In this case there was only one Justice that did not agree in the final ruling. Justice Thomas felt , "Lopez’s state felony offense qualifies as a “drug trafficking crime” as defined in §924(c)(2). A plain reading of this definition identifies two elements: First, the offense must be a felony; second, the offense must be capable of punishment under the Controlled Substances Act (CSA). No one disputes that South Dakota punishes Lopez’s crime as a felony. See S. D. Codified Laws §22–42–5 (1988). Likewise, no one disputes that the offense was capable of punishment under the CSA. See 21 U. S. C. §844(a). Lopez’s possession offense therefore satisfies both elements, and the inquiry should end there" http://www4.law.cornell.edu/supct/html/05-547.ZD.html. Justice Thomas believes that if you are convicted of a misdeamenor in a state and that crime can be classified as a felony according to the INA then it should be grounds for deportation. The problem is the termelogy of the different crimes. Illict trafficking is questionable under the INA. The court decides that only a Federal felonies can be classified as a drug trafficking crime according to thomas. " The Court, however, takes the inquiry further by reasoning that only federal felonies qualify as drug trafficking crimes. According to the Court, the definition of drug trafficking crime contains an implied limitation: “any felony punishable [as a felony] under the” CSA. The text does not support this interpretation. Most obviously, the language “as a felony” appears nowhere in §924(c)(2). Without doubt, Congress could have written the definition with this limitation, but it did not."http://www4.law.cornell.edu/supct/html/05-547.ZD.html. Thomas does make a good point that a felony in plain text is described as a conviction of more then one year in jail. "Thomas relied on the plain meaning of the word felony, which is any crime that is punishable by more than one year in prison.39 Also, Justice Thomas disagreed with the majority's claim that all trafficking offenses must contain a commercial element.40 In fact, by the majority's own admission, some possession crimes fall within the definition of "illicit trafficking."http://www.law.duke.edu/journals/DJCLPP/index.php?action=showitem&id=37. Its hard to disagree with thomas since it seems the decision has changed the law so that a legal alien can commit a drug offense and still given the opportunity to live in the US.

This case as really got me boiling. I can’t believe there are loop holes in the system that would allow this to happen. The fact that he was convicted of a crime after he was given his citizenship makes my blood boil. I have a lot of respect for those that do come this country and serve in the military because you know they want it bad and are willing to die for it. These people however did use the system to obtain their citizenship but took advantage of it. It’s scary that Lopez could commit a crime that is classified as a felony in his state and still get away with not having to be deported. The other case I discuss was one in which a legal alien is convicted of a DUI which is classified as a felony in his state but not in federal courts. They conclude that because he can’t be proven that his offense was a intentional crime of violence he can’t be deported. So If your an illegal alien and your reading this you would now realize that you could break the law and still have a chance to not be deported as long as the federal court system only classifies your charge as a misdemeanor even though it might be classified as a felony in your state.

The precedent that was established after this case is as follows. The supreme court ruled that even though you are convicted of a felony according to state law you are not necessarily convicted of felony in the federal courts. This First ruling on the case was, “The Immigration Judge ultimately ruled that despite the CSA’s treatment of Lopez’s crime as a misdemeanor, see 21 U. S. C. §844(a), it was an aggravated felony under the INA owing to its being a felony under state law”, http://www.law.cornell.edu/supct/html/05-547.ZS.html. Lopez filled for an appeal and the case was brought before the supreme court. The court had to decied what was the meaning behind Illict Trafficking. If they could prove that Lopez could be found guilty of this he would be considered a felony and would be grounds for removal. However they couldn’t because Trafficking is Trading and selling good for profit with lopez was not caught taken park in. “Conduct made a felony under state law but a misdemeanor under the CSA is not a “felony punishable under the Controlled Substances Act” for INA purposes”, http://www.law.cornell.edu/supct/html/05-547.ZS.html. This final ruling help decide a case where a drunk driver ran a light and hit two cilivians crossing the street. He was conviced of a dui and according to the state was charged as a “crime of Viloence”. The definition of these words were very questionable for this case since the individual wasn’t intentionally trying to cause bodlily harm to the people he hurt. The federal court found that, “Other federal courts have held that crimes requiring mere negligence for guilt do not qualify as violent crimes under 18 U.S.C. § 16(a). Accordingly, the deportation of individuals based on DUI and similar convictions may vary geographically based on the local federal court’s interpretation of 18 U.S.C. § 16(a).” http://www.law.duke.edu/publiclaw/supremecourtonline/certGrants/2004/leovash. As the Lopez case he was not deported since under federal law he hadn’t commited a aggrevated felony. So the precedent established here is even though you are convicted as a felony in a state, you haven’t necessasrily commited a felony according to the federal courts and can appeakl your deportation. Sad because living in this country is a priviledge especially if your not born here. These people should not have been given a second chance.

Pornographic material

I believe the film we watched today is still relevant since there are towns till this day that still outlaws pornography. When I was stationed in Abilene Texas, the community completely outlawed strip clubs, porn stores and even Hooters. The community was funded primarily by the churches and since the major college there was a Christian school they made it clear that there will never be anything offensive and anything promoting sex in that city. There is no longer an issue about appointing a women to the high court since we do have one on the stand today. However, the fact that she is going to have to step down and the person who is going to fill her position so far are only women applicants. I believe that’s wrong not because I don’t believe women could do that job but the position should go to the most qualified. My options on pornographic material is it should still be outlawed for minor’s and have strict laws that prevent minor’s from viewing such material. I do have to agree that it is a form of art and people have the right to express themselves in that manner. With the changes on the internet people are free to view whatever material they so desire. That scares me because one day I’m going to have children and they will be easily exposed to such material. I won’t have to sit him down and talk about birds and bees because his friend already burned a copy of the Pamela tape. That really scares me. I wish they can develop a better system that controls who gets to view such material without compromising people’s own right to privacy.

The judge that convicted Lopez in south dakota threw the book at him which i thought was very necessary. Once the supreme court got a hold of it the judges have to clairy what aggravated felony is and should state law over rule federal Law. The problem was the definitiion of a aggrevated felony offense. According to the CSA ( Controlles Substance Act) and INA (Immigration and Nationality act), "The Immigration and Nationality Act (INA) lists as an "aggravated felony" "illicit trafficking in a controlled substance . . . including a drug trafficking crime (as defined in section 924(c) of title 18)," 8 U. S. C. §1101(a)(43)(B), but does not define "illicit trafficking." Title 18 U. S. C. §924(c)(2) defines "drug trafficking crime" to include "any felony punishable under the Controlled Substances Act" (CSA)."http://www.supremecourtus.gov/opinions/06pdf/05-547.pdf . The juge had deciceded that because the offense had to do with drug possession it would be considered a felony under the state law and be grounds for deportation. Lopez of course fought for an appeal on the grounds that his offense according to the Controlled Substance Act was still only a misdeaminor and is not grounds for deportation since the INA requires the offense to be a Felony. The judge reasoning was the offense was charged as a felony since state laws states any drug possion as a felony. According to the CSA it must be a Illicit Trafficking offense for them to be considerderd a felony. Lopez was not trafficking since the definition of trafficing is, "To pass goods and commodities from one person to another for an equivalent in goods or money; to buy or sell goods; to barter; to trade."http://www.dictionary.net/trafficking. He was only convicted of Aiding and abetting another person's possession of cocaine.

In the court case of Lopez v Gonzalez the final supreme court ruled in favor of Lopez. The court ruled , though Lopez was convicted of a felony and had to serve time in jail , he was only convicted of a misdemeanor according to federal and not subjected to deportation. So the final ruling was if you are convicted of a felony in a state but is only classified as a misdemeanor you cannot be convicted as a felony by the federal court."The Court rejected the government's interpretation of immigration law, ruling that a non citizen is not subject to mandatory deportation for a drug crime that, while a felony in the state where the crime was prosecuted, is only a misdemeanor under federal law."http://www.nytimes.com/ref/washington/scotuscases_IMMIGRATIONLAW.html. It's hard to believe that a felony of state could only be treated as a misdemeanor in federal court. There is a similar case about a drunk driver who was in the united states illegally could not be deported because under federal law he is not consider a felony offense.LEOCAL v. ASHCROFT (2004) Is driving under the influence of alcohol, even when serious bodily injury results, an "aggravated felony" for which an immigrant can be subject to automatic deportation?http://www.nytimes.com/ref/washington/scotuscases_IMMIGRATIONLAW.html. The court Rules that defendant was not intentionally trying to hurt anyone that drunken driving according to federal law is only to be considered a accident. Hence the could not be treated as a felony and deported. "The Supreme Court ruled on Tuesday that driving under the influence of alcohol, even when serious bodily injury results, is not a ''crime of violence'' for which an immigrant can be subject to automatic deportation." http://query.nytimes.com/gst/fullpage.html?res=9D01EEDA113CF933A25752C1A9629C8B63&scp=2&sq=LEOCAL%20v.%20ASHCROFT%20(2004&st=cse. This case further supports federal law over state law. It really makes you think about the loop holes there are for immigration and why are government wonders why we are still have problems with illegal entry into this country. Why would you not want to stay in a country that allows you to break the law and still can't deport you.

Illicit

After watching a short film in class today about doing something illicit I have started thinking about the real picture here. I have done allot of things illicit that I never knew what kind of impact I was contributing to with such a small purchase. I have downloaded music on a daily basis and have even bought pirated movies in afganistan. That sort of pops some flags up for me. While I was being stationed in Afganistan I was able to travel to the flea market where the local nationals sold everything from watches, movies , laptops, music and even suites. It makes you think where the US troops really supporting the terriorists groups while being stationed there fighting against these men. Who really knows if one of the local nationals working at the flea market was using the money he earned to buy guns that would later be used against allied troops. I guess you really don’t think to what the man your buying your illegal items from is going to do with your money. Even further how did he get these goods and at who’s cost. I can’t say that I won’t download another video or music file but I can say that I will never buy goods off the street.

supreme court case

In the Supreme Court case LOPEZ v. GONZALES. Lopez, a legal permanent resident alien, pleads guilty in South Dakota charges of aiding and abetting another person's possession of cocaine. According to state law even though he hadn't possessed the cocaine him self it was still ruled a felony."The Immigration and Naturalization Service (INS) began removal proceedings on the ground, inter alia, that Lopez’s state conviction was for an aggravated felony. The Immigration Judge ultimately ruled that despite the CSA’s treatment of Lopez’s crime as a misdemeanor it was an aggravated felony under the INA owing to its being a felony under state law”, http://supreme.justia.com/us/549/05-547/index.html. If an illegal alien or legal permanent alien is convicted of a felony under federal law he will be deported. The case was given to the Supreme Court because even though Lopez was convicted as a felony under state law but was a misdemeanor under federal law he was not deported. Justice Thomas accepted the Government's interpretation of the phrase "felony punishable under the Controlled Substances Act." Because Lopez's crime was a felony under South Dakota law, and the CSA provided for punishment for his crime, he had committed an aggravated felony. "The classification [of a crime as a felony or a misdemeanor] depends only on the authorized term of imprisonment." http://en.wikipedia.org/wiki/Lopez_v._Gonzales

supreme court case

In the Supreme Court case LOPEZ v. GONZALES. Lopez, a legal permanent resident alien, pleads guilty in South Dakota charges of aiding and abetting another person's possession of cocaine. According to state law even though he hadn't possessed the cocaine him self it was still ruled a felony."The Immigration and Naturalization Service (INS) began removal proceedings on the ground, inter alia, that Lopez’s state conviction was for an aggravated felony. The Immigration Judge ultimately ruled that despite the CSA’s treatment of Lopez’s crime as a misdemeanor it was an aggravated felony under the INA owing to its being a felony under state law”, http://supreme.justia.com/us/549/05-547/index.html. If an illegal alien or legal permanent alien is convicted of a felony under federal law he will be deported. The case was given to the Supreme Court because even though Lopez was convicted as a felony under state law but was a misdemeanor under federal law he was not deported. Justice Thomas accepted the Government's interpretation of the phrase "felony punishable under the Controlled Substances Act." Because Lopez's crime was a felony under South Dakota law, and the CSA provided for punishment for his crime, he had committed an aggravated felony. "The classification [of a crime as a felony or a misdemeanor] depends only on the authorized term of imprisonment." http://en.wikipedia.org/wiki/Lopez_v._Gonzales

Pacific Heights

In the movie, “Pacific Heights” by John Schlesinger, the landlords are given three signs of potential problems with their tenant. The first sign was when the Carter Hayes, Michael Keaton, lies to the landlord about meeting his wife. The landlord asks his wife later about Cater Hayes meeting here and she responds very objectively no. Why would Carter lie is the first question. I think it was to give the landlord some comfort about who he is because if his wife had no problem with him would should he. The second sign would have to the refusal to fill out the application. This document is used to make he would pass a simple background check which would include a credit check. Carter refuses and hands the landlord a slip of references for him to contact later. All of the contacts except one come back false. The only contact that he was able to talk to was his old landlord which told him he was a great tenant and was very adamant about getting Carter’s address. If that was the only contact that I could speak too this to me would have thrown up some flags. Later in the movie Carter shows up to the apt and has already started getting comfortable with is stuff scattered throughout the place. The landlord shows up and see’s him already inside without prior meeting or key to enter. I would have thrown the man out that instance for breaking and entering and trespassing on private property. In conclusion if the landlord would have stuck by the background checks and legal documentation this situation could have never taken place. Instead, the landlord has to hire an attorney and fight in court to have the tenant removed. So far, the tenant can‘t even be served because he is never available.

My own Hammer Doll

If I could have my own doll to wack at it would be my ex fiancee. I would wake up with the hammer still in my hand ready to wack away. The women was the biggest waste of time and money. I would have designed her in the latest fashion,and with a credit card with my name on it in her back pocket because that was really the only two things that mattered to her.

Greed is good

Creed is good. When it comes to are world today, we are driven primarily by greed. Creed is what drives us to be better at any aspect of life. My creed for knowledge has driven me to attend college to further expand my knowledge of audio engineering. I the movie “Wall Street” The main charcter sells personal property “all property other than real property, such as automobiles, clothing, computers, and so on.” Essentials of Buisness Law, by Anthony L. Liuzzo, liquidating the airline of all their planes and land to make a profit for the share holders. The company was in dying need of either new management or selling to company. The greed in the man, made him decide the fastest and safest way to make money with this company was to liquidate it. Creed is what makes are country strive to be better and more powerful than any other country in the world. Sometimes a companies greed will end be costly. As for Microsoft who is going to have to sell of their existing goods “goods that physically exist and are owned by the seller at the time of sale”, Essentials Of Business Law, by Anthony L. Liuzzo, because, they are not making any profit . Some examples are the zune, the Microsoft watch and , Xbox 360. Creed Is sometimes bad because of the way are economy is today. People were taking money that they can’t pay back and are now asking the government for help. All in all, though if it wasn’t for creed we would be living in a third world country like Afganistan. I was deployed their for six months and got to walk around the city that was connected to the base. Those people have nothing, not even a chair to sit on. People die left and right from simple sicknesses. They have to drive to make things better. They are not greedy people and are paying for it. They have to drive to make things better.

Myspace Suicide

“Maybe she did not intend for the girl to kill herself but she did however intend to do the girl harm” Anchor Drive Productions

I agree with him completely. These women had to have had full knowledge of what her actions were going to result hurting this young girl. For that reason I believe she should be punished for contributing to the young women’s death.

“I felt that she was responsible for pushing this young girl over the edge. Whether she knew it or not this girl suffered from severe depression. With further research could this woman also be charged with even more including negligence?” designguru84

To me it’s really hard to blame these women entirely. I know allot of people who make fun or say hurtful things to each other on MySpace. You really can’t say this woman is to blame. I believe the parents should have maybe taken this girl to counseling or just sat her down once and awhile and had a heart to heart. I mean if they just took to sea world or something she could still be alive today.

“Why didn’t the mother accused of driving Megan to her death just leave it alone? Whatever happened to the good ole days when we all grew up dealing with things person to person? Mano y mano” Flip Beats Productions

I agree why can’t people talk to one another or just learn to deal with their problems. It seems now a day’s people always look for the easy way out. The girl should have talk to her mother or better yet the mom should have seen the signs of her suicide. We just don’t have good old fashion family ties anymore.

“I couldn't really decide a suitable punishment for this woman, because I really can't describe fully the matter at hand, and I was not there to witness what has happened, what has been said, and what lead the thirteen year old girl to kill herself. These are my feelings on this case.” BarnhurstDesigns

I can’t either. This is the first of its case and it’s really hard to say if posting rude things on the internet can be an accessory to murder. I believe she contributed to it but so did the fact she didn’t have milk with her cereal. I mean if we go down this road we could lose are freedom of speech on the internet. I’m not saying what the women did was right at all but just we should but all the blame on this one woman. Maybe we should just take away all her privileges with the internet and have strict probation for her that limits her to no contact with minors not even her kids.

In the movie “Used Cars” my group which consisted of: Anthony, Theo, Michele and, Jesus found a list of laws broken throughout the movie. The list is as follows:
False Advertising
Slander
Conspiracy
Assault and Battery
Bribery
Destruction of Property
Tampering with Witnesses
Contempt of Court
Under aged Minors driving.
Speeding
Attempted Murder
Endangerment of a Minor
Misrepresentation
Sexual Harassment
Gambling
Perjury
Reckless Driving
Leaving the scene of an accident
Driving the wrong way
Tail-Gating
Unregistered Vehicles

Grand Theft Auto Killings

The lawsuit concerning a young boy who shot two police officers and a dispatcher; tries to prove the manufacture of the game along with the stores are to blame. The young man was sixteen at the time of purchasing Grand Theft Auto from a his local stores. The game is rated M which means no one under the age of 17 is legally able to purchase it. According to the parents the boy played the game nonstop and was brain washed by its violent content. The boy was brought in for driving a stolen vehicle to the police station where he murdered three men. I believe that the stores are liable in the response of them allowing a 16 year old to purchase the game. It’s hard to prove that the violent content of the game had anything to do with the boys random demonic actions. To me it comes down to poor parenting. The parents should have monitored what their son was playing. If they could have at least spend some more time with him and taught him Morales he could still have a life. Instead they want to point the finger on someone else because it’s too hard to just say we should have been better parents. I think the store is at fault for selling the game but not for murder. The manufacture of the game did their part on protecting themselves by putting a M rated stick on their games.

My response to Barnhurst Design blog

I read Barnhurst Design blog on what she thought about lawyers. I have to agree with the comment that some lawyers are only in it for the money. Also some lawyers would still take a case that they believe there client is guilty and try hard to prove they aren’t. With my own experience I wrote on my blog about my cousin who had one of those lawyers who knew he was guilty but because my cousin paid well got him off on lesser charges. I don’t think all lawyers are like this but majority of them do seem to be just in it for the money. I’m pretty sure allot of them do have ties with the bigwigs and use it to help their clients. So all in all lawyers are snack if you’re being sued but are saint’s if they are defending you.

Myspace Suicide

The case that involves two parents of a MySpace user who takes her own life is a clear case of defamation. The parents of a young teenager took her own life after receiving hate messages from women who impersonated a young boy. The women who sent the victim hate mail has said, that she created the account so that she could monitor what children were saying about her daughter. Apparently she meet the young victim and over the course of a few weeks became friends with her online. Apparently telling the young child he was new to town and didn’t yet have a number for her to call her on. The young child was told over and over by her parents that she shouldn’t get so involved with someone she didn’t even know. The parents explained that their child had been suffering from depression and poor self esteem. So when this new friend who was really a women came along, the child suddenly felt she had someone to talk to. The older women suddenly turned on the child sending offensive comments about her character. I believe this a example of Defamation (“the harming of a person’s reputation and good name by the communication of a false statement”, Essentials of Business Law, by Anthony L. Liuzzo pg. 45). Her statements were made on a public website that is easily seen across the world. It would also be Libel since (“libel is the spreading of damaging statements in written form-including pictures, cartoons, and effigies(likenesses)”, Essentials of Business Law, by Anthony L. Liuzzo pg. 45). It’s very sad to see that some would feel no remorse for an act like this. Legally I don’t think there is a way to directly prove that the defendant was the cause of the young ladies death. I do however believe the comments she wrote were libel and played a key role in her suicide but still cannot directly say it was the sole cause.

Why I should have gotten a lawyer

What I think about lawyers is really I don’t know that much about them. I have been in trouble with the law twice and each time I should have used a lawyer but did not. The lawyer my cousin used when he was driving down the 95 high on weed and pain killers was great. Even though my cousin hit someone and kept passing out during questioning he only got wreck less driving even though he obviously deserved a DWI. When I had my little run in with the law I did not use a lawyer and got the worst punishment. I was eighteen years old and stole a 10 t- shirt. Well because I was still living with my parents and only had one job I tried to handle it myself. So what ended up happening was I could not pay off my fines and I could not afford to attend work that was to cover the jail time since it cost 150 bucks. I was sent to serve five days in Ventura county jail. I was in shock I thought I could just go back there and work something else out with the judge but nope I had to now serve jail time. I ended up telling my parents because I could not think of a place that I would be for five days. Maybe they would have believed camping, but no I had to tell them just in case something happened to me. It started off bad since my mother insisted on dropping me off and after I was behind the metal door with all my new inmate buddies they made jokes about it saying I wish my mommy could have dropped me off. After being in a holding cell for 32 hours I got moved to my cell block. As soon as we all got in are holding area the next cell erupted with blood splatting against the windows. In the end I should have gotten a lawyer.