ASSIGNMENT FOR CHAPTER TWO (2): THE FEDERAL AND STATE COURT

SYSTEMS

Question One (1)

a. Give the name of the case in volume 544 of the United States Reports in which the

defendant's name is Abrams and give the citation for the case.

Answer

The name of the case: Rancho Palos Verdes v. Abrams

The citation for the case: 544 U.S. 113

b. Who was the U.S. Attorney General at the time this case was decided?

Answer

The then-Attorney General was Alberto R. Gonzales. He was appointed into

office on February 3, 2005, and the Rancho Palos Verdes v. Abrams case was

decided on March 22, 2005.

c. During the period covered by this volume, which United States Supreme Court Justice

was assigned or allotted to the Second Circuit?

Answer

Ruth Bader Ginsburg was the United States Supreme Court Justice assigned to the

Second Circuit as an associate Justice.

d. Locate a case in this volume in which the plaintiff's name is Moussaoui. What was the

result reached in this case?

Answer

The case was Moussaoui V. United States, and the result reached was "certiorari

denied.”
 Question Two (2)

Locate and review the case Poster Exchange Inc. v. National Screen Service Corp., 362 F.2d 571

(5th Cir. 1966). What did the Court say about the meaning of the denial of certiorari?

Answer

"a denial of certiorari means only that, for one reason or another which is seldom

disclosed, and not infrequently for conflicting reasons which may have nothing to

do with the merits and certainly may have nothing to do with any view of the

merits taken by a majority of the Court, there were not four members of the Court

who thought the case should be heard."

Question Three (3)

Locate and review the case Rutherford v. American Medical Ass 'n, 379 F.2d 641.

a. In which circuit was this case decided?

Answer: The case was decided in the United States Court of Appeals, Seventh

Circuit

b. Review the portion of the case relating to the certification of cases. Is a court of appeals

required to certify a case to the U.S. Supreme Court? Why or why not?

Answer

The Court of appeals has the power to certify questions as per the rule in 28

U.S.C.A. § 1254. However, such power is a discretional power, and the Court can

choose to exercise it or not. The party asking for the certification of questions

does so not as a matter of his rights but at the Court's mercy. In this case, the

Court of Appeals declined the plaintiff's motion for certification. The Court's
 reasoning was that the plaintiff had the right to seek review of the Court's decision

by petitioning the Supreme Court for a writ of certiorari.

Question Five (5)

a. Give the name of the case at 599 F. Supp. 2d 712

Answer

The name of the case cited above is Asbury v. City of Roanoke. Its full citation is

599 F. Supp. 2d 712 (W.D. Va. 2009)

b. In which district court was this case decided.

Answer

United States District Court, W.D. Virginia, Roanoke Division

c. Briefly summarize the holding of the Court.

Answer

The Court granted the defendant's motion for summary judgment and denied the

plaintiff's motion to compel as moot. The issue was whether the plaintiff filed the

civil action under Title VII within the statutory time frame. The Court found that

the plaintiff's complaint was out of the stipulated timeframe outlined in 42 U.S.C.

§ 2000e-5(f) (1) because it was filed after the expiration of the ninety days. The

Court was also reluctant to apply the doctrine of equitable tolling because the fact

of the case showed that the plaintiff was not diligent in the receipt of the right to

sue letter from E.E.O.C. The Court applied Rule 6(d) -three-day presumption for a

Title VII case on a motion summary judgment. This means that when there was

no clear evidence when the plaintiff received the right to sue letter from E.E.O.C.,

it will be assumed that the letter was received three days from the date of posting.
 ASSIGNMENT FOR CHAPTER THREE (3): STATUTORY LAW

Question One (1)

What volume of the United States Code relates to Education?

Answer

20 U.S. Code Title 20— EDUCATION

Question Two (2)

Use U.S.C.A. and cite the title and section that govern the following:

a. Payment to jurors serving on a grand jury of their parking fees

Answer: 28 U.S.C.A 1871

b. Removal of shark fins.

Answer: 16 U.S.C.A 1857

Question three (3)

Use either U.S.C.A. or U.S.C.S., and cite the title and section that govern the following:

a. Harbor lines in the Potomac River

Answer: 33 U.S.C.A 40

b. Hate crimes (either conduct constituting hate crimes or guidelines)

Answer: 18 U.S.C.A 249

Question Five (5)

Use U.S.C.A. How is "arson" defined?

Answer
 At the federal level, the crime of arson is defined by 18 U.S.C. § 844(I) as

damaging or destroying “by means of fire or an explosive, any . . . property used

in interstate or foreign commerce or in any activity affecting interstate or foreign

commerce.”

This statutory arson definition applies to the malicious burning or exploding of

commercial structures and does not include private residences that are not

specifically used in commerce. The reason for this is that Congress derives its

authority to enact the federal arson statute according to the Commerce Clause of

the Constitution, Art. I, §8, cl. 3.

INTERNET ASSIGNMENT FOR CHAPTER THREE (3)

Question One (1)

Access one of the Internet sites for the United States House of Representatives and select

"Committees."

a) When was the Committee on Homeland Security made permanent?

Answer

The United States House of Representatives Committee on Homeland Security is

a standing committee of the U.S. House of Representatives. The Committee was

created in 2002, acquiring permanent status in 2005

b) How many Democratic and Republican members are there in the Committee?

Answer
 According to the Committee’s website

https://homeland.house.gov/about/membership/, The Committee is comprised of

19 Democrats and 16 Republicans.

Question Three (3)

Access T.H.O.M.A.S. and locate information relating to bill number H.R. 4331 introduced in the

111 the Congress.

a. What is the full title of this bill?

Answer: A bill to amend title 31, United States Code, to establish the Office of

Money Services Business Compliance within the Department of the Treasury for

the purpose of assuring compliance with subchapter II of chapter 53 of such title

by money services businesses and such other duties as the Secretary of the

Treasury may delegate, and for other purposes.

b. What is the short title of this bill?

Answer: Money Services Business Compliance Facilitation Act of 2009

c. To what Committee was this bill assigned?

Answer: House Committee on Financial Services.

Question Four (4)

Access T.H.O.M.A.S. and locate the Patent Reform Act introduced in the 109th Congress.

a. What was the Senate Number assigned to this bill?

Answer: S. 3818 — 109th Congress (2005-2006)

b. Locate information relating to its status. What was the latest major action taken on this

legislation?
Answer: This bill was introduced on August 3, 2006, read twice, and referred to

the Committee on the Judiciary.

 ASSIGNMENT FOR CHAPTER 4: CASE LAW AND.JUDICIAL OPINIONS

Question One (1)

a. Give the name of the case located at 53 P.3d 119.

Answer: ROBERT ZUCKERMAN, Plaintiff and Appellant, v. STATE BOARD OF

CHIROPRACTIC EXAMINERS, Defendant and Respondent.

b. Give the parallel citations for this case.

Answer: 29 Cal. 4th 32, 53 P.3d 119, 124 Cal. Rptr. 2d 701 (2002)

Question Four (4)

a. Give the name of the case located at 789 A.2d 607.

Answer: In Re David S

b. Give the parallel citation for the case.

Answer: 367 Md. 523, 134 Cal.App.4th 822 (Cal. Ct. App. 2005), 36 Cal. Rptr.

3d 411

c. What does headnote I.O. of the case discuss?

Answer

Criminal Procedure-Terry Stop-Use of Force- In conducting an investigatory stop,

police officers may take reasonable measures to neutralize the risk of physical

harm and to determine whether the person in question is armed.

Question Five (5)

a) Give the name of the case located at 504 F.3d 206.

 Answer: United States of America, Appellee, v. John J. CONNOLLY, Jr.,

Defendant, Appellant.

b) Give the full name of the author of the opinion.

Answer: Bruce Marshall Selya, Senior Circuit Judge

Question Eight (8)

Locate the case located at 548 U.S. 1301 (2006). In what capacity did the author of the opinion

act?

Answer

The case located at 548 U.S. 1301 (2006) is San Diegans for the Mt. Soledad

National War Memorial V. Paulson. The author of the opinion was Justice

Kennedy, who acted in the capacity of Circuit Justice.

Question Eleven (11)

Give the parallel citations for the case located at 545 U.S. 193.

Answer

The case located at 545 U.S. 193 is Merck KGaA v. Integra Lifesciences I, Ltd.,

and 545 U.S. 193 (2005). Its parallel citations are 125 S. Ct. 2372, 162 L. Ed. 2d

160, 2005 U.S. LEXIS 4840, 74 U.S.P.Q.2D (B.N.A.) 1801, 73 U.S.L.W. 4468,

18 Fla. L. Weekly Fed. S 394 (U.S. June 13, 2005)

INTERNET ASSIGNMENT FOR CHAPTER 4

Question five

Access Google Scholar and search for cases relating to the display of a cross on public land.

a. What is the first case to which you are directed?

 Answer

Capitol Square Review & Advisory Board v. Pinette, 515 U.S. 753 (1995)

b. How many times has this case been cited?

Answer

According to the information provided by the Goggle Scholar as of February 26,

2021, the case has been cited 2443 times.

c. Give the parallel citations for this case.

Answer

115 S. Ct. 2440; 132 L. Ed. 2d 650; 1995 U.S. LEXIS 4465; 63 U.S.L.W. 4684

d. Was the cross permitted to be displayed on the public land?

Answer

Yes. The display was a private religious speech that "is as fully protected under

the Free Speech Clause as secular private expression." Because Capitol Square is

designated as a traditional public forum, any group may express their views there,

and the Board may regulate the content of the Klan's expression on the plaza only

if a restriction is necessary and narrowly drawn to serve a compelling state

interest.

INTERNET ASSIGNMENT FOR CHAPTER 5

Question Five

Access Zimmerman’s Research Guide. What is A.L.R.?

Answer
 According to Zimmerman's Research Guide, A.L.R. is an abbreviation of the

American Law Reports. A.L.R. contains in-depth articles on narrow topics of the

law. A.L.R. annotations, also called articles to provide a very useful summary and

analysis of the law in a specific area and include citations to relevant primary law

and other secondary sources. A.L.R. annotations cover more specific legal issues

and in greater depth than do encyclopedias. Generally, they focus on rapidly

developing or controversial areas of law, so you will not find an A.L.R.

annotation for every topic.

ASSIGNMENT FOR CHAPTER 7: MISCELLANEOUS SECONDARY AUTHORITIES

Question One (1)

Use Black's Law Dictionary (9th ed. 2009).

a. What is the definition of "check kiting"?

Answer

According to the Black's Law Dictionary (9th ed. 2009), Check Kitting defines as

"[t]he illegal practice of writing a check against a bank account with insufficient

funds to cover the check, in the hope that the funds from a previously deposited

check will reach the account before the bank debits the amount of the outstanding

check."

b. To which topic and key number are you directed for this definition?

Answer

Banks and Banking 150

c. What does the legal maxim in generalibus latet error mean?

 Answer

Error lurks in general expression. This maxim is sometimes written in

generalibus versatur error, which simply means "error dwells in general

expressions."

Question Two (2)

Use the most current volumes of Martindale Hubbell Law Directory.

a. Mary K. Barnard is an attorney with the Nashville, Tennessee law firm Cheadle &

Cheadle. Where and when did she receive her J.D. degree?

Answer: Nashville School of Law, J.D., 2008

b. An attorney named Elisa Santucci is with the Rio de Janeiro law firm Bhering

Advogados. Where did she receive her law degree? What languages does she speak?

Answer

Ms. Santucci graduated in law from Universidade Católica de Petropolis in 1988.

She earned a Master of Laws in International Law from Tulane University,

Louisiana, the U.S.A., in 1990. She is fluent in Portuguese, English, and Spanish.