Worksheet 4 Week 4
Using FDsys.gov
Find the following federal code/regulation/constitution sections and give the title of each:
1. 21 U.S.C. § 801
Congressional findings and declarations: controlled substances
2. 15 U.S.C. § 1172
Transportation of gambling devices as unlawful; exceptions; authority of Federal Trade
Commission
Answer the following and provide the appropriate code section:
3. Can one place an advertisement on the United States flag in Washington, D.C.?
No, 4 U.S.C. § 3.
Read and briefly summarize: .
4. What does U.S. Const. art. IV, § 1 provide?
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial
Proceedings of every other State. And the Congress may by general Laws prescribe the Manner
in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.
Using the Library of Congress/Thomas Web sites, find the following and briefly
describe.
5. U.S. Const. amend. XXV?
This section lists the order of succession to the presidency, should the presidency become vacant.
6. 18 U.S.C. § 6002
Immunity of witnesses: This section deals with the effect of a grant of immunity to witnesses
who have asserted their Fifth Amendment right not to testify.
7. 6 C.F.R. § 25.9
Procedures for certification of approved products for Homeland Security.
Answer the following and give the citation
8. Can a state impose income tax on retirement income of individual not a resident
or domicile of state? (According to U.S. Code)
4 USC §114. Limitation on State income taxation of certain pension income
(a) No State may impose an income tax on any retirement income of an individual who is
not a resident or domiciliary of such State (as determined under the laws of such State).
9 In which title of the U.S. Code will you find the Safe Schools Act of 1994?
Pub. L. 103-227, title VII, Mar. 31, 1994, 108 Stat. 204 (20 U.S.C. 5961 et seq.)
Short title, see 20 U.S.C. 5961(a
10 Using the US Constitution, Analysis and Interpretation, locate the section on
the Fifth Amendment right to an indictment by a Grand Jury. Footnote 4 contains a
reference to a 1884 case. What is the case and what was the holding of the case?
This provision applies only in federal courts and is not applicable to the States,
either as an element of due process or as a direct command of the Fourteenth
Amendment. Hurtado v. California, 110 U.S. 516 (1884);
Using uscourts.gov, find the following and briefly describe
11. Federal Rule of Evidence 802
Hearsay Rule
California Research—Using Official Legislative Web site: http://leginfo.legislature.ca.gov/
Find the following California code sections and give the title.
12. California Code of Civil Procedure § 36
Motion for preference; party over 70 years of age; party under 14 years of age; medical reasons;
interests of justice; time of trial --(2008)
13. California Penal Code § 1475
Method of granting; grounds for discharge after remand; courts which may issue writ on
subsequent applications; return; verification and contents of application; service (2006)
Answer the following questions and provide the cite for the answer.
14. James asks Jane to marry him and she accepts. Later James refuses to go through
with the marriage. Jane is heartbroken and suffers considerable emotional distress. She
believes that James never intended to go through with the marriage. She wants to sue.
Does she have a cause of action based on a fraudulent promise. Cite the code section that
controls
43.4 Civil Code—no
15. In the process of committing a home burglary, Smith is attacked by the home-owners
pit bull and suffers severe injuries.. Smith is arrested and charged with a felony. Because
of the severity of his injuries, the prosecutor feels sorry for Smith and agrees to allow
Smith to plead guilty to a misdemeanor. Can Smith sue the homeowner for his injuries?.
Civil Code 3333.3—no—not convicted of a felony
16. How long must a person be missing to be presumed dead?
Ev. Code 664—5 years
California Rules of Court: Courts.ca.gov
Find the following, give the title of the rule and briefly cescribe.
17. Rule 1.200.
Format of citations
Citations to cases and other authorities in all documents filed in the courts must be in the style
established by either the California Style Manual or The Bluebook: A Uniform System of
Citation, at the option of the party filing the document. The same style must be used consistently
throughout the document.
18. Rule 8.77 (d)
Digital signature
A party is not required to use a digital signature on an electronically filed document.
Using Westlaw
19. Locate and briefly describe the following:
a. 42 U.S.C. § 3543
Preventing fraud and abuse in Department of Housing and Urban Development programs
b. 2 U.S.C. § 192:
Penalty for failing to testify The penalty for failing to testify is punishment by a fine of not
more than $1000 nor less than $100 and jail of not less than one month nor more than twelve
months.
c.
18 U.S.C. § 1029
Fraud and Related Activity in connection with access devices
20. Locate and briefly describe the following:
a. 8 C.F.R. § 232.2
Examination in the United States of alien applicants for benefits under the immigration laws and
other aliens
b. Federal Rule of Civil Procedure, 56
Summary Judgment
Answer the following questions and provide the authority (constitution, code, or rule) for
your answer
21. Can a court award costs and attorney fees to successful litigants in a copyright
infringement case?
Yes, 17 U.S.C. § 505.
22. What is the definition of the work product rule (in federal court)
“work-product protection” means the protection that applicable law provides for tangible
material (or its intangible equivalent) prepared in anticipation of litigation or for trial
Fed. R. Evid. 502
23. Can financial harm constitute an act of terror under the CFR?
Causes harm, including financial harm, to a person, property, or entity, in the United States, or in
the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based
principally in the United States on which United States income tax is paid and whose insurance
coverage is subject to regulation in the United States), in or outside the United States; and
6 C.F.R. § 25.2
24. How often must Congress assemble and when does the meeting begin? Give the
constitutional authority for your answer.
The Congress shall assemble at least once in every Year, and such Meeting shall be on
1the first Monday in December, unless they shall by Law appoint a different Day. Article
1 Section 4.
Westlaw: California law
25.
Locate and briefly describe California Family Code 7605
(Attorney's fees and costs; application for award by court; grounds for determination;
augmentation or modification; temporary orders; time for determination of application (2006)
26 Locate and briefly describe California Probate Code Section 66
Division 1. Preliminary Provisions and Definitions . Definitions. Quasi-community
property
27. What is the definition of an implied contract under California law?
Civil Code 1620—One where the existence of terms are manifested by conduct
28. What remedies does a public school high school student have if his or her first
amendment rights are violated by school officials.
b) A pupil who is enrolled in a school at the time that the school has made or enforced a rule in
violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and
declaratory relief as determined by the court. Upon motion, a court may award attorney's fees to
a prevailing plaintiff in a civil action pursuant to this section.
Cal. Educ. Code § 48950 (West)
29 Where do you find a standard contract for use by a legal document assistant? (in the
CCR) Must the legal document use this standard contract?
Every legal document assistant as defined in subdivision (c) section 6400 of the Business and
Professions Code who enters into a contract or agreement with a client to provide self-help
services shall complete the standard form contract specified in subdivision (b). Upon execution
of the contract by all parties, and prior to providing any service
Cal. Code Regs. tit. 16, § 3950
30 Locate and describe: Rule 2.108 of the California Rules of Court
The spacing and numbering of lines on a page
Cal. Rules of Court 2.108
31. According to the Rules of Court, when can a case that is certified for publication, be
cited to a court? (answer and give Rule # including subsection)
The spacing and numbering of lines on a page
Cal. Rules of Court 2.108 (d)
Review
32. 18 USC 1029 deals Fraud and related activity in connection with access devices
Find the code section on Westlaw and checking the notes of decision find a case that
addresses the question of whether counterfeit checks constitute an “access device.”
What is the name and citation of the case and what is the answer to the question.
Westlaw
U.S. v. Tatum, C.A.10 (Okla.) 2008, 518 F.3d 769.Sentencing And Punishment
689- not an access device
33. Find the same code section on Lexis Academic and checking the notes of decision
do the same as above. What is the name and citation of the case that answers the
question.
Lexis Academic
. United States v Humes (2004, ED Mich) 312 F Supp 2d 893.—not an access device
Which is the better source and why?
Here, it’s Westlaw, because case is from appellate court.—This may not always be true.
Case Law Searching
For each California case provide the missing piece of official citation (Cal. or Cal. App.),
including the year.
34
a. In an action brought by plaintiff, a stylist, against defendant, a television personality, for
defamation and other torts, the trial court's order denying defendant's motion to strike plaintiff's
complaint under the anti-SLAPP statute was affirmed
a. Albanese v. Menounos, 218 Cal. App. 4th 923 (2013)
b. Judgment for defendants on plaintiff's claim that defendants were vicariously liable under
Government Code section 815.2 for false imprisonment by sheriff's deputies, after he was held in
custody for 11 days pursuant to a bench warrant issued for another person, was reversed and
remanded, where a county can be held vicariously liable for false imprisonment by county
employ.
Rodriguez v. County of Los Angeles, 217 Cal. App. 4th 806 (2013)