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CJMS 650 UMGC Legal Aspects Within Criminal Justice Memorandum

CJMS 650 UMGC Legal Aspects Within Criminal Justice Memorandum



Act a legal advisor writing a memo  advising the Police Chief or Sheriff as to below issues.   As to geographic location information you should use, use your CURRENT physical location (ie. where you live in the USA to answer the below questions and assume the law enforcement agency is located in your same physical location).    Your memo should be marked “Confidential/Attorney Client Privilege”.    Your memo should be single spaced and have separate sections for each of the below issues:

If the police agency gets      sued, what is the individual  State Court System Website      and copy/paste its hyperlink.  [each state court system has an      official website–you must use that site]  How many courts of appeals       does your State court system have?       Which State court of appeals is your home located      in? 

Go to       (US Federal  Court System Official website) If the      police agency gets sued in federal court, which Federal Trial Court      (lowest level federal court) covers your home town or current residence      location should the agency be sued in that jurisdiction.   If      the police agency gets sued in federal court, identify which Federal District Court      of Appeals your particular state falls under its jurisdiction.

If the police agency gets      sued, it is important to understand your particular State’s frivolous      lawsuit statute or rule.    Find it, cite it and explain what it      says and also copy/paste its link.  Describe the penalties for the      filing of a frivolous lawsuit in your home State.

  • If the police agency gets      sued it is always important to understand the statute of limitations in      your State.  Find the statute of limitations in your      state and cite it and provide the hyperlink to it.  Then, give the      statute of limitations for three (3) different types of a State civil      lawsuit claims (like battery, assault, theft, breach of contract,      negligence, conversion, medical malpractice etc…) that a police agency may      be exposed to and NOT criminal acts (DUI,      Murder, Rape etc…) 

If the police agency gets      sued in federal court, the case may be dismissed based on the federal      court not having “subject matter jurisdiction”.         What does that mean?   In your explanation include a discussion      as to what types of cases that can be heard in federal court (ie. federal      courts have limited jurisdiction and can hear only hear cases that trigger      their limited jurisdiction).  If the police agency gets sued,       the plaintiff must carry the burden of proof to what legal standard      to prove their claim?  

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