Research Problems
Law 34
Legal Research

Problem # 1

A criminal defendant is being prosecuted for a crime. He is hispanic and he feels that the jury is not really made up of his peers. He is convicted and he appeals saying that the prosecutor who is white, is selecting only white juries, and that there is discriminatory prosecution against him in excluding both young and hispanic jurors and that therefore there was systematic exclusion against him, and his conviction should be overturned.

Problem # 2

A child is subjected to a series of beatings by his father, with whom he lived.
A county department of social services and several of its social workers, received complaints that child was being abused by his father and took various steps to protect him; they did not, however, act to remove child from his father's custody. The father finally beat the child so severely that he suffered permanent brain damage and was rendered profoundly retarded. Under what law should the mother sue the County. What are her legal arguments, and what results?

Problem # 3

A school board provides the following policy:
" `The board has chosen to permit the graduating senior class, with the advice and counsel of the senior class principal or designee, to elect by secret ballot to choose whether an invocation and benediction shall be part of the graduation exercise. If so chosen the class shall elect by secret ballot, from a list of student volunteers, students to deliver nonsectarian, nonproselytizing invocations and benedictions for the purpose of solemnizing their graduation ceremonies.' "

"the senior class held an election to determine whether to have an invocation and benediction at the commencement [and that the] class voted, by secret ballot, to include prayer at the high school graduation." In a second vote the class elected two seniors to deliver the invocation and benediction

Is the School Board policy constitutional? Analyze and cite previous cases to support your reasoning.

Problem # 4

Grandparents want to obtain visitation rights with their grandchildren.
A state statute provides " "Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings. The court may order visitation rights for any person when visitation may serve
the best interest of the child whether or not there has been any change of circumstances."

Do grandparents have such a right? Is the Statute constitutional or not? Why or why not. Analyze and cite your cases to support your reasoning.

Problem # 5

A news reporter obtained employment as a "telepsychic" in order to do an article showing that the "telepsychic" company was a sham. The company being investigate employed plaintiff Bob Sampson in that same capacity. While she worked in the telepsychic company, the news reporter wore a small video camera hidden in her hat, covertly videotaped her conversations with several
coworkers, including Sampson. Can Sampson sue the news station? If so, under what legal theories, and what results.