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    Week 3 Short Essay

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    Raeesa Potnis
    The appellate court found that the trial court committed reversible error by admitting evidence that was discovered through a Fourth Amendment violation. This inadmissible evidence was central to the prosecution's case and resulted in a conviction. As a result, the appellate court will reverse the trial court's decision and remand the case back to the trial court for further proceedings. The barge company's attorney should file a motion for summary judgment before the wrongful death case goes to trial. In the motion, the attorney must prove that the Longshoreman Act does not apply to the case, as this would determine whether the family has a legal remedy. If successful, the motion would end the case without a trial.

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    Week 3 Short Essay

    Uploaded by

    Raeesa Potnis
    203 views3 pages
    The appellate court found that the trial court committed reversible error by admitting evidence that was discovered through a Fourth Amendment violation. This inadmissible evidence was central to the prosecution's case and resulted in a conviction. As a result, the appellate court will reverse the trial court's decision and remand the case back to the trial court for further proceedings. The barge company's attorney should file a motion for summary judgment before the wrongful death case goes to trial. In the motion, the attorney must prove that the Longshoreman Act does not apply to the case, as this would determine whether the family has a legal remedy. If successful, the motion would end the case without a trial.

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    The appellate court found that the trial court committed reversible error by admitting evidence that was discovered through a Fourth Amendment violation. This inadmissible evidence was central to the prosecution's case and resulted in a conviction. As a result, the appellate court will reverse the trial court's decision and remand the case back to the trial court for further proceedings. The barge company's attorney should file a motion for summary judgment before the wrongful death case goes to trial. In the motion, the attorney must prove that the Longshoreman Act does not apply to the case, as this would determine whether the family has a legal remedy. If successful, the motion would end the case without a trial.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    203 views3 pages

    Week 3 Short Essay

    Uploaded by

    Raeesa Potnis
    The appellate court found that the trial court committed reversible error by admitting evidence that was discovered through a Fourth Amendment violation. This inadmissible evidence was central to the prosecution's case and resulted in a conviction. As a result, the appellate court will reverse the trial court's decision and remand the case back to the trial court for further proceedings. The barge company's attorney should file a motion for summary judgment before the wrongful death case goes to trial. In the motion, the attorney must prove that the Longshoreman Act does not apply to the case, as this would determine whether the family has a legal remedy. If successful, the motion would end the case without a trial.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Week 3

    BADM 537- Legal, Ethical, and Social Environment.


    SHORT ESSAYS

    Raeesa Potnis
    University of the Cumberlands
    1/19/2021
    Question I - The appellate court decides that the trial court committed reversible error by

    including evidence found by law enforcement. Law enforcement discovered this evidence when

    committing a Fourth Amendment violation, which should have been excluded at trial. This

    inadmissible evidence was the lynchpin of the prosecutor’s case, which resulted in a conviction.

    Where does the case go from here? Is the Defendant free to go? Does it go back to the trial

    court? Does it go all the way up to the Supreme Court?

    Response:

    Once the appellate court decides that a reversible error was committed, the decision of

    the trial court can be reversed, and the case remanded for consideration in the trial court. A

    reversible error in a case means an error that might have affected the outcome of the case

    [ CITATION Jen18 \l 1033 ] . In this scenario, the evidence that was erroneously admitted was

    primarily responsible for the conviction. Hence, this error influenced the outcome of the case

    heavily. The appellate court may thus reverse the decision and send the case back to the lower

    court for trial and further proceedings. Alternatively, the appellate court may modify the decision

    instead of reversing it. If the case is remanded, then the trial court will reconsider it and it will go

    through the judicial system again. The defendant may not be free to go until a verdict is reached

    in court. Once a verdict is reached, it may be appealed again based on the jurisdiction.

    Depending on the arguments and jurisdiction of the case, it may be appealed to the State or U.S.

    Supreme Court. The decision to hear the case lies with the highest court.

    Question II - Lonnie dies while working on a barge.  Lonnie’s widow sues the barge company in

    state court. The Parties agree on the facts and cause of Lonnie’s death; however, they do not

    agree whether the Longshoreman Act should apply to this case.  Lonnie’s widow has already

    received a remedy in a separate administrative action as part of a workers’ compensation claim. 


    The Longshoreman Act would allow the decedent’s family to pursue an action in court, even if

    the family has agreed to a settlement as part of the worker’s compensation action.  If the

    Longshoreman Act does not apply, then the decedent’s family will have no remedy in court. 

    Prior to trial, what motion should the barge company’s attorney make?  What must this attorney

    prove in order for her motion to be successful?

    Response:

    The Barge Company’s attorney must prove that the Longshoreman Act does not apply to

    this case before the case goes to trial. Since both parties agree on all the other facts and causes of

    the case, the attorney must file a Motion for Summary Judgement. In the motion, the attorney

    will prove with supporting evidence of law that there are no genuine issues of material fact

    remaining to go to trial, and that the case is entitled to a judgment as a matter of law.

    References
    Jennings, M. M. (2018). Business: Its Legal, Ethical, and Global Environment. Boston, MA: Cengage.

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