Case Brief - 1502 Words

I: Elements of the crime Mr. Jeffrey Skilling was one of three executives at Enron Corporation that were indicted for manipulating financials to show the public inflated numbers about Enron’s profitability. By showing these numbers to the public they were trying to mislead the public into thinking the company was more profitable than it really was. Mr. Jeffrey Skilling was convicted by a Texas federal district court of conspiracy, securities fraud, making false representations to auditors, and insider trading. Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted by the government under an invalid legal theory and that the jury he had was biased. II. Defenses claimed by the defense Criminal†¦show more content†¦Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted by the government under an invalid legal theory and that the jury he had was biased. III. Issues Mr. Skilling argued that voir dire lasted only five hours and did not sufficiently question jurors. This argument from Mr. Skilling failed because the record from the court showed that voir dire was completed properly. Mr. Skilling also argued that the court should have never tried him in Houston. Mr. Skilling pointed out prior cases where the Court decided that due to extreme media coverage there was a possibility of juror prejudice that required the courts to change the venue. However, I believe that Mr. Skilling’s case differs from these prior cases which were all in small communities, had media coverage that showed the defendant confessions, and trials that occurred right after the crime and media coverage. I also believe that Skilling’s jury acquitted him of several charges, due to this face I believe that it is very unlikely that there was any juror prejudice. Even though the media coverage of Skilling seems to all be positive, I do not believe that it was not to the necessary level to show that there would be juror prejudice. Due to all of these reasons, I do not believe that the district court made any errors by denying Skilling’s request for a venue change. IV. Holding (the final decision) Mr. Skilling moved to have his trial transferredShow MoreRelatedCase Brief : Nalwa V. Cedar Fair1681 Words   |  7 PagesCASE BRIEF PAPER: NALWA V. CEDAR FAIR, L.P. The Court Opinion A published court opinion is the explanation of a court s judgment on the outcome of a particular court case. A published court opinion can include a judge’s opinion when the trial court judgment is appealed to the court of appeals. The judge’s opinion typically consists of case precedents, fact analysis, applicable law and the arguments of the attorneys for the parties. The court of appeals can have as many as three to nine judges andRead MoreThe Most Important Part Of Their Job Is Writing Briefs Essay1009 Words   |  5 Pagespart of their job is writing briefs. Writing briefs take time and research, so when the judge review the case they would make the correct decision. Each practice of law do not have a specific brief assigned to them, but there are many types of briefs to consider. The different forms of briefs are; appellate brief, legal brief, amicus curiae, memorandum of law, and trial brief. The most effective and the most detailed brief is the appellate brief . The appellate brief is used in appeals court to persuadeRead MoreThe World Trade Organization ( Wto ) Agreements1423 Words   |  6 Pagesprecedent cases, especially, open the door for NGOs to weigh in on trade agreements on the criteria of environmental issues. Amicus curiae briefs were submitted in the very first instance brought before the WTO Panel and Appellate Body. It was the U.S. - Gasoline case . The Panel, however, decided to pursue the practice of the old GATT and did not consider these briefs.2 it was the U.S. -Shrimp case that opened the WTO door to amicus curiae. The Legal Basis to accept amicus curiae briefs by NGO:Read MoreAn Effective Purpose For Special Interest Groups And Public Business Affairs1383 Words   |  6 Pages1.) When there is a case that a particular interest group has interest in, comes before the court, a group has the option to file an amicus curiae brief to better present the groups breakdown of the case. Now the impact that amicus curiae can have is that it brings policy perspective to the courts in a way that a party’s own individual brief may be unable to do so (White). The amicus curiae briefs serve an effective purpose of advocating for special interest groups and in public business affairsRead MoreCase Brief1048 Words   |  5 PagesEyiesha SIngleton Style of Case and Citation: Young v. Becker amp; Poliakoff 88 So.3d 1002 (2012) Court Rendering Final Decision: Supreme Court of the United States Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court? Jacquelyn Young hired the law firm of Becker amp; Poliakoff to represent her in her federal employment discriminationRead MoreCase Brief1210 Words   |  5 PagesAnn. Section(s) 19-12-101, the criminal attempt statute, the trial court affirmed the juvenile court order and sentenced the girl to the Department of Youth development for an indefinite period. The issue in this case is to determine whether the defendant s action in this case constitute a substantial step toward the commission of second degree murder under the new statue. The substantial step issue has not yet been addressed by a Tennessee court in a published opinion, and question isRead MoreCase Brief1070 Words   |  5 Pagestime limit must be imposed. Covenants not to compete that arise out of a employment relationship are only upheld by courts in cases where the covenatee provided special training or had otherwise confidential information or trade secrets – thus situations where the covenatee would be able to use such information to gain an unfair competitive advantage. In the instant case, Appellant did not receive any kind of trade secret that would provide an unfair advantage over his former employer. As suchRead MoreCase Briefs3389 Words   |  14 Pagesunintentionally hurt another person is liable for the harm through intentional harm. Holdings: the jury rendered a verdict for the plaintiff of $2800. Rationale: the touch was the exciting or remote cause of the destruction of the bone. The case was a case of torts and it related to the assult and battery which the defendant should pay money for the plaintiff. The defendant has no proof of any other hurt, and the medical testimony seems to have been agreed that this touch or kick wasRead MoreHow to Brief a Case843 Words   |  4 PagesHOW TO BRIEF A CASE Below I have sketched in the beginnings of a brief as a format. This time-honored method of analysis is the basic unit of law school instruction and so most judicial opinions are written to conform to this approach. Knowing the rules makes watching the game so much more interesting. Start with the name of the Case which is called the â€Å"style† of the case. PERLA GRAFF v. JAY L. GRAFF, 569 So. 2d 811, Fla. 1st Dist. Ct. App. (1990). First is the case name, followed by the citationRead MoreLstd302 Case Brief866 Words   |  4 PagesLegal Case Brief 43271590 LSTD302 Professor Tamara Herdener October 25, 2015 Case Citation: Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S. ___(2012). Parties: Albert W. Florence, Plaintiff/Appellant Board of Chosen Freeholder of County of Burlington, Defendant/Appellee Facts: Albert Florence was arrested for an outdated warrant. Upon his arrest he was taken to the Burlington County Detention Center where he was subject to a strip search. He remained