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Exercise: Chapter 1: Introduction to Criminal Law

Answer the following questions and make sure your response is 100 words or more for each.

· Read Gonzales v. Oregon, 546 U.S. 243 (2006). Did the US Supreme Court preserve Oregon’s right to legalize physician-assisted suicide? 

· Read  United States v. P.H.E., Inc., 965 F.2d 848 (1992). In  P.H.E., Inc., the defendant never went to trial but was  indicted. The defendant challenged the indictment, which was upheld by the trial court. The government claimed that the Court of Appeals for the Tenth Circuit could not hear an appeal of the trial court’s decision, because there was never a “final judgment.” Did the Circuit Court agree? Why or why not? The case is available at this link:  http://scholar.google.com/scholar_case?case=16482877108359401771&hl=en&as_sdt=2&as_vis=1&oi=scholarrLinks to an external site.

· Read  Hertz Corp. v. Friend, 130 S. Ct. 1181 (2010). How did the US Supreme Court determine citizenship of a  corporation for the purpose of diversity jurisdiction? 

Case Study: Chapter 1: Introduction to Criminal Law

* Please make sure that your response is 200 words or more for each question/statement. *

 

Read the prompt, review the case, and then decide whether you would accept or reject the case if you were the lawyer. 

 

1. You are an expert in  criminal law, not  civil litigation. Would you  accept or  reject this case? Read  Cetacean Community v. Bush, 386 F.3d 1169 (9th Cir. 2004). The case is available at this link:  http://scholar.google.com/scholar_case?case=14748284771413043760&hl=en&as_sdt=2&as_vis=1&oi=scholarrLinks to an external site. .

2. You are an expert in  criminal law, not  criminal procedure. Would you  accept or  reject this case? Read  People v. Wrotten, 2010 N.Y. Slip Op 04501 (2010). The case is available at this link:  http://law.justia.com/cases/new-york/appellate-division-first-department/2010/2010-04501.htmlLinks to an external site.

3. You are an expert in  constitutional law. Would you  accept or  reject this case? Read  Wilson v. Layne, 526 U.S. 603 (1999). The case is available at this link:  http://www.law.cornell.edu/supct/html/98-83.ZS.htmlLinks to an external site. .

4. Reread question 3. Change your expertise to constitutional law as it applies to  criminal prosecutions. Would you  accept or  reject the  Wilson case?