(a) In jurisdictions following the Ultramares doctrine, under what conditions can auditors be held liable under common law to third parties who are not primary beneficiaries? (b) How do jurisdictions that follow the legal precedent inherent in the Rusch Factors case differ from jurisdictions following Ultramares? (a) Under Ultramares dorctrine, ordinary negligence is insufficient for liability to third parties because the lack of privity of contract between the third party and the auditor unless the third party is a primary beneficiary, However, if the auditor had been grossly negligence and committed constructively fraud or fraud during his or her audit, he or she could be held liable to third parties who are not primary beneficiaries. In Phar-Mor case, Coopers & Lybrand’s Attorneys argued that Coopers & Lybrand’s had only been ordinary negligence and tried to convince the jury that Coopers & Lybrand’s could not discover the fraud because Phar-Mor’s management was involved in that massive fraud and worked together to hide evidence. In addition, the investors and creditors of Phar-Mor did not have a written agreement with the auditor, Coopers & Lybrand’s, defining Coopers & Lybrand’s duty.
Issues: The issue is whether or not the prosecution violated the petitioner’s due process rights when evidence was withheld by the prosecution that would be favorable to the defendant. Secondly, where the limitations placed on the trial for punishment only a due process violation? Decisions: the Supreme Court rule the petitioners due process rights was violated when the prosecution failed to disclose exculpatory evidence that would be beneficial to the defense of the petitioner. Exculpatory evidence is evidence that would benefit the defense. When the prosecution failed to disclose the document of the accomplice’s confession they violated the petitioner’s right to due process.
This information could be used as evidence later when it goes to trial in court. In a homicide, the ethical considerations are similar. The investigator should express sympathy and be very compassionate not only to the victim’s family but friends as well. These people could potentially be informants or even witnesses for the prosecution in the case. In addition to the interviews or even the interrogations the investigator needs to have a positive attitude, sensitivity and be able to think clearly when it comes time to collect evidence at the scene of the crime.
Even direct family of a victim can be helped by this program since this can also hurt that victim's family. All of them have rights and these rights must be respected by treating a witness with respect, by being informed by all court proceedings, confidential information divulged, and even protection from somebody that might want to do harm because of any court hearing. Victims are protected under these rights by, Victims Bill of Rights Act 2008 Marsys' Law (Los Angeles County District Attorney's Office, 2012).
It is the responsibility of the judge to oversee all that goes on within the courtroom and ensure that rights are not violated as well as rule on each case that is put before them. The defense attorneys, prosecuting attorneys, and the public defenders, help paint a picture if you will for the judge of what happened. The judge then interprets the information he or she is given to determine guilt or innocence without bias ensuring that the accused receives a fair trial. The role of the Prosecutor is to
Citation: Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) Parties: Luis E. Melendez: Petitioner Facts: Petitioner was tried in state court on charges for distributing cocaine and trafficked in cocaine, in violation of Mass. Gen. Laws and the prosecution entered into evidence certificates signed by state laboratory analysts, which stated that evidence seized from the petitioner was cocaine. The state called no witness to allow cross examination on the veracity of the report, but relied instead on a state law allowing affidavits of lab analysis to be admitted. Petitioner objected to admission of the certificates, claiming that their admission violated his right under the Sixth Amendment to the U.S. Constitution to confront the analysts who signed the certificates, but the trial court overruled the objection and admitted the certificates under Mass. Gen. Laws.
Also, the promissor has to expect that, upon the promise, it will induce action by the promisee. The promissor cannot say it wasn't part of the contract. Why does this doctrine exist? The doctrine exists to protect a person who was promised something and there is no essential elements of a contract that exists. Did the court reach the proper decision in the case you discussed?
What Is A Wrongful Death Lawsuit? If you suspect that someone committed an action that prematurely caused a family member to die, then you should consult a lawyer. Wrongful death claims can be filed in addition to criminal charges. The criminal and civil charges are not connected to each other. A defendant may be found guilty in one case but not guilty in another.
Jurisdiction is determined by assessing whether the court receiving the complaint has power over a defendant and whether the property involved in a dispute is within the given jurisdiction. Filing a complaint in the wrong jurisdiction leaves the courts no choice, but to decline to rule or even hear the case until filed in the correct jurisdiction. A petitioner for the
“Child Abuse/Neglect” Jami Concepcion Everest Phoenix College CJE 1600 Criminal Investigation Professor Gagner 06/05/13 * What are the benefits of a joint effort between police and social services when investigating child physical or sexual abuse? When child abuse is reported, investigators may initiate an investigation on their own, or they may investigate jointly with social services (Orthmann & Hess, 2013). A police officer make take a child into temporary custody without a warrant if there is an emergency or the police officer believes the child is in great danger (Orthmann & Hess, 2013). Multidisciplinary team (MDT) consists of professional who work together to ensure an effective response to reports of child abuse and neglect; coordinating responses can also minimize the likelihood of conflicts between agencies with different philosophies and mandates (Orthmann & Hess, 2013). Child protection services offer families services as well as remove children from abusive homes whereas law enforcement collect evidence interview and incarcerate the victims parent or legal guardian.