Objectives And Appreciation For The Value Of Consulting
Objectivesappreciation For The Value Of Consulting S
Objectives: Appreciation for the value of consulting secondary resources in assisting the researcher in fully understanding legal issues; in assisting the researcher in further refining legal issues; and in assisting the researcher in locating additional primary and secondary authority. Please refer to the following scenarios and complete the steps below for each.
Scenario One: Flora Findley was arrested after a police officer inspected her home and found a plant he suspected was marijuana, leading to her conviction for possession. Flora contends the search was unwarranted and wants to appeal.
Scenario Two: Mr. Frank Incense was convicted of theft after taking tools he believed were discarded; he contends his court-appointed attorney lacked criminal law expertise, affecting his rights and sentencing, and seeks to appeal.
Scenario Three: Joe Valle and Fred Hamper, a same-sex couple married after legalization, face denial of insurance recognition for their marriage by Big Time Insurance Company. They seek legal support for their case.
Scenario Four: Shirley Baker, suffering from breast cancer and on chemotherapy, was arrested for possessing marijuana after moving to Oklahoma. She wants to appeal her conviction based on medical use rights.
Scenario Five: Joanna Spring, in a persistent vegetative state, has her life support challenged by her parents who wish to withdraw it, while her husband opposes. The parents seek to appeal the court’s decision to keep Joanna on life support.
Paper For Above instruction
Introduction
The legal landscape surrounding individual rights, Fourth Amendment protections, medical marijuana laws, family law, and end-of-life decisions is complex and constantly evolving. In analyzing the scenarios provided, understanding pertinent legal issues requires consulting authoritative secondary sources to refine questions and locate relevant primary authorities. This paper aims to dissect each scenario's legal issues, formulate effective research queries, utilize Westlaw to find authoritative secondary sources, and cite pertinent primary legal texts that underpin these issues.
Scenario One: Flora Findley's Search and Seizure
Legal Issues
Does the police officer's inspection of Flora Findley's home without a warrant violate her Fourth Amendment rights? Was the arrest based on probable cause derived from an unlawful search? What legal standards apply to warrantless inspections in private residences, especially related to suspected marijuana cultivation?
Research Query
"Fourth Amendment warrantless search home marijuana plants"
Secondary Authority
Constitutional Law—Protection Against Unreasonable Searches and Seizures, 3rd ed., in Westlaw database, discusses the scope of the Fourth Amendment concerning warrantless searches and exceptions such as consent and exigent circumstances.
Primary Authority
Arizona v. Hicks, 480 U.S. 321 (1987): The U.S. Supreme Court clarified that searches and seizures inside a home generally require a warrant unless specific exceptions apply.
Scenario Two: Mr. Frank Incense’s Trial and Effective Assistance
Legal Issues
Did Mr. Incense's court-appointed attorney provide ineffective assistance due to lack of criminal law expertise? Was his conviction prejudiced by incompetent legal representation, violating his Sixth Amendment rights? Did the error merit a legal appeal?
Research Query
"Effective assistance of counsel criminal procedure" AND "ineffective assistance" Westlaw
Secondary Authority
Strickland v. Washington, 466 U.S. 668 (1984), which sets forth the standards for assessing claims of ineffective assistance of counsel in criminal cases.
Primary Authority
United States v. Cronic, 466 U.S. 648 (1984), where the Supreme Court addressed circumstances where ineffective assistance prejudices the defendant’s right to a fair trial.
Scenario Three: Recognition of Same-Sex Marriage for Insurance
Legal Issues
Does the denial of marriage recognition by Big Time Insurance Company violate equal protection rights under federal or state law? Which statutes or case law support the claim for recognition of same-sex marriage in insurance coverage?
Research Query
"Legal recognition of same-sex marriage insurance coverage" AND "Equal Protection Clause" Westlaw
Secondary Authority
Obergefell v. Hodges, 576 U.S. 644 (2015): U.S. Supreme Court decision affirming the constitutional right to same-sex marriage, affecting legal obligations of states and private entities.
Primary Authority
Georgia Code Annotated § 33-24-21: State law provisions on health insurance coverage and recognition of marriage.
Scenario Four: Shirley Baker’s Medical Marijuana Rights and Criminal Conviction
Legal Issues
Does Oklahoma law permit medical marijuana use, and does Shirley Baker have grounds to appeal her conviction based on her medical authorization obtained in California? Are her rights under the state's medical marijuana statute violated by her arrest?
Research Query
"Oklahoma medical marijuana law" AND "medical use defense" Westlaw
Secondary Authority
Oklahoma Medical Marijuana Authority regulations, explaining patient rights and exemptions under the state's medical marijuana act.
Primary Authority
Oklahoma Statutes Title 63 § 427.3 (Medical Marijuana Act): The legislation regulating medical marijuana use, possession, and protections.
Scenario Five: Joanna Spring’s End-of-Life Decision
Legal Issues
Does the court have the authority to order removal of life support in a persistent vegetative state? Are the rights of the patient, as expressed through advance directives or presumed wishes, protected under law? Does the husband's opposition conflict with the parents' petition, and what legal standards govern such disputes?
Research Query
"End-of-life decisions persistent vegetative state" AND "right to refuse treatment" Westlaw
Secondary Authority
Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990): SCOTUS decision affirming patients' rights to refuse life-sustaining treatment based on autonomy and dignity.
Primary Authority
Georgia Dormant Statute on medical decision-making and advanced directives, if applicable.
Conclusion
Throughout these scenarios, secondary authorities such as legal textbooks, law reviews, and case annotations serve as powerful tools for understanding the nuances of each legal issue. They help refine research questions and direct the search for authoritative primary sources such as statutes and Supreme Court decisions. Proper legal research grounded in secondary resources ensures that advocates can present compelling, evidence-based arguments to support their clients’ rights.
References
- Arizona v. Hicks, 480 U.S. 321 (1987)
- Constitutional Law—Protection Against Unreasonable Searches and Seizures, 3rd ed., Westlaw
- Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990)
- Obergefell v. Hodges, 576 U.S. 644 (2015)
- Georgia Code Annotated § 33-24-21
- Oklahoma Medical Marijuana Authority regulations, Oklahoma Statutes Title 63 § 427.3
- Strickland v. Washington, 466 U.S. 668 (1984)
- United States v. Cronic, 466 U.S. 648 (1984)