Friday, December 6, 2019
Communications Law Scenario
Question: Describe about the Scenario for Communications Law. Answer: Scenario 1 Step One: The legal issue involved is that a police officer found a small plant in Floras Home which he thought was marijuana and arrested Flora. Flora wanted to appeal that the search of her was home was unwarranted (Burns, 2009). Step Two:The first issue identified in this scenario is the fact that Flora Findley may have planted marijuana as the police inspector thought it was marijuana. But the arrest should not have been done as the police officer was not sure of the fact whether the plant is marijuana or not. Step Three:Secondly, one does not have the right to search a house without a proper search warrant. This is an illegal act done by the police officer (Lawschool.westlaw.com, 2016). Flora can take legal action against the police officer as per the Australian law (Harvey, 2009). Scenario 2 Step One: The only issue in this scenario is that of the accused, Mr. Frank Incense who needed a criminal lawyer to fight his case but had to take the help of a lawyer who specializes in Bankruptcy. Step Two: Mr. Incense wanted to appeal his case as he was not given the suitable lawyer as per the case demanded (Mann, 2009). Step Three:Since the situation under consideration is a criminal case where Mr. Incense has been accused of stealing $500,000 worth of tools which he got from a neighbors shed. A proper and competent criminal lawyer could have appropriately fought for him (Lawschool.westlaw.com, 2016). Giving this responsibility to a bankruptcy lawyer decreases the chance of Mr. Incense to win the case. Scenario 3 Step One: In the given case study, Fred Hamper and Joe Valle married to each other when the same sex union became legal. But when Joe applied for the health insurance for his spouse and himself then the insurance company refuse accept the marriage (Lawschool.westlaw.com, 2016). Step Two: Fred and Joe sued and the court found in favor of the big time insurance company. In this case, Fred and Joe can appeal against the Insurance Company. Step Three: The Fred and Joe can take legal action against the insurance company as the Australian law (Harvey, 2009). Scenario 4 Step One: Shirley Baker was suffering from breast cancer for which she was prescribed to have marijuana while she was staying in California. But in order to live with her family she moved to Oklahoma (Lawschool.westlaw.com, 2016). Step Two: The medical usage of marijuana is permitted in California but not in other states (Harvey, 2009). But medical marijuana is now legal in Oklahoma and therefore Shirley Baker can easily appeal her conviction. Step three: Shirley Baker cannot take legal action as because she arrested while smoking marijuana. Scenario 5 Step One: Joanna wanted to die peacefully instead of living with the support of machines. Her parents supported her choice and asked the doctors to take off the support but her husband refused to allow the hospital to do that (Lawschool.westlaw.com, 2016). Step Two: Most of the states are not in favor of euthanasia or assisted death. This is the reason why the court had decided in favor of the husband. Step three: the parents would not have much chance if they wanted to appeal the decision (Mann, 2009). References Burns, Y. (2009).Communications law. Durban: Butterworths. Harvey, C. (2009).Cornerstones of Australian law. Prahran, Vic.: Tilde University Press. Lawschool.westlaw.com. (2016).lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty. [online] Available at: https://lawschool.westlaw.com/marketing/display/RE/45 [Accessed 25 Mar. 2016]. Mann, T. (2009).Australian law dictionary. South Melbourne, Vic.: Oxford University Press.
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