Saturday, February 22, 2020

Key facts Assignment Example | Topics and Well Written Essays - 500 words

Key facts - Assignment Example The second step is to determine the key elements of the cause of action that is raised by the facts of case. The third step is to outline all the facts of the case that are important to the elements of action raised in the second step. The fourth and final step is to outline which of the facts listed satisfy the key elements of the cause of action to be discussed in a court of law. There are three steps used in indentifying the facts in a court opinion. The first step involves reading the entire case having in mind what was decided in regards to what facts of the case were. The second step is to read and analyze the holding of the case. This helps to understand how the court answered the legal questions raised on the facts of the case. The last step is analyzing the key facts used to make the holding of the case (Albright & Putman, 2013). Police in Burbank initiated surveillance on Leon after receiving confidential information that they were selling cocaine and investigation earlier showed that he stored a stash of methaqualone in his house. After a search Leon was indicted by a grand jury in California and charged with drug trafficking. The court granted a motion to suppress evidence arguing it was defective due to the warrant and lack of probable cause. On Appeal, the government argued that the police acted on good faith when using the defective warrant. The court of appeal affirmed trial court decision and declined the government argument of good faith. Reasoning: The exclusionary rule was a judicial act not a constitutional right that safeguards the Fourth Amendment. It deters police from misconduct and abuse. However, a police who acts with a defective warrant in good faith cannot be held for misconduct. There lacks basis when evidence is suppressed when they relied in good faith using a defective search

Wednesday, February 5, 2020

Finance (China) Essay Example | Topics and Well Written Essays - 2750 words

Finance (China) - Essay Example In China the model has achieved remarkable success and it has achieved a growth rate of almost 10% for the past 30 years. China Telecom, a state-capitalist company have come from nowhere to become mighty global companies. Similarly tens of thousands of state-owned enterprises (SOE) dominate half of the economic output of China and the Chinese government protects them by providing subsidizes to them. Any Foreign companies which try to threaten them are restricted by stringent government rules and are forced to share their technical expertise with the SEOs through joint venture and are also denied of any lucrative government business. Chinese government has made intervention in the entire financial system of China (the stock market, bond market and banking sector). But State capitalism has some flaws associated with it. Such a model will work until cheap resources are available. The economic growth of China is built on the back of cheap labour. Again state capitalist companies are less efficient and their private competitors. It is argued that state capitalism slowly but surely degenerates into crony capitalism as powerful political parties tries to extend their control over the economy. This report will discuss about the role of Chinese government in state capitalism and what were the interventions adopted by the Chinese government and how the Chinese financial systems responded to overcome the problem. There are many advantages which China has incurred due to state interventions. For example in 2007, China faced shortage of polycrystalline silicon which is an important raw material for solar panels were creating problems for rising solar energy industry. Thus the prices of polysilicon soared and hit tenfold price in 2008. But Chinese government responded quickly by developing a domestic polysilicon suppliers (Dean, Browne and Oster, 2010, p. 1). Huge amounts of money were invested by banks and stationed enterprises. The local governments expedited