An analysis of the important part of defense in the court of law

Enrolled Agent When you have a career in the criminal justice system, ethical standards provide guidelines for your conduct as an officer of the law. Without ethics, the law would have little meaning because its application would be undependable.

An analysis of the important part of defense in the court of law

Educational Fair Use Guidelines Since the current copyright law was adopted, various organizations and scholars have established guidelines for educational uses. These guidelines are not part of the Copyright Act and are summarized in Chapter 7, which deals with academic and educational permissions.

The Purpose and Character of Your Use In a case, the Supreme Court emphasized this first factor as being an important indicator of fair use. At issue is whether the material has been used to help create something new or merely copied verbatim into another work.

Selected Supreme Court Decisions

When taking portions of copyrighted work, ask yourself the following questions: Has the material you have taken from the original work been transformed by adding new expression or meaning? Was value added to the original by creating new information, new aesthetics, new insights, and understandings?

In a parody, for example, the parodist transforms the original by holding it up to ridicule.

An analysis of the important part of defense in the court of law

At the same time, a work does not become a parody simply because the author models characters after those found in a famous work. Purposes such as scholarship, research, or education may also qualify as transformative uses because the work is the subject of review or commentary.

Roger prints these quotes under photos of old-growth redwoods in his environmental newsletter. By juxtaposing the quotes with the photos of endangered trees, Roger has transformed the remarks from their original purpose and used them to create a new insight. The copying would probably be permitted as a fair use.

An analysis of the important part of defense in the court of law

Determining what is transformative—and the degree of transformation—is often challenging. RDR Books, F. The Nature of the Copyrighted Work Because the dissemination of facts or information benefits the public, you have more leeway to copy from factual works such as biographies than you do from fictional works such as plays or novels.

In addition, you will have a stronger case of fair use if you copy the material from a published work than an unpublished work. The scope of fair use is narrower for unpublished works because an author has the right to control the first public appearance of his or her expression.

The Amount and Substantiality of the Portion Taken The less you take, the more likely that your copying will be excused as a fair use.

Secondary Content

In other words, you are more likely to run into problems if you take the most memorable aspect of a work. A parodist is permitted to borrow quite a bit, even the heart of the original work, in order to conjure up the original work. Acuff-Rose Music, U. The Effect of the Use Upon the Potential Market Another important fair use factor is whether your use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work.

Depriving a copyright owner of income is very likely to trigger a lawsuit. This is true even if you are not competing directly with the original work. For example, in one case an artist used a copyrighted photograph without permission as the basis for wood sculptures, copying all elements of the photo.

Defenses to Criminal Charges: An Overview |

The artist earned several hundred thousand dollars selling the sculptures. When the photographer sued, the artist claimed his sculptures were a fair use because the photographer would never have considered making sculptures.Ethics might be more important to judges than any other criminal justice practitioner because a judge must interpret the law fairly and independently without personal feelings, religious values, past experiences or self-promoting agendas that interfere with that responsibility.

Jul 15,  · The language is part of the state’s overall self-defense law and thus was included in the judge’s instructions to the jury.

If an attacker is retreating, people are still permitted to use. If you master this simple, five part technique through in-class practice and apply it to legal analysis of fact situations on the midterm and final exams you will be well on the way to good legal analysis.

Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information. While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of .

Didn't Do It

Self-defense: This defense states that ones actions, which otherwise would be considered criminal, were necessary in order to defend oneself. Consent: This defense acknowledges that the defendant did commit some sort of action but also states that this act was consented to by the victim.

An example of this defense is consent to bodily harm. Aug 23,  · Why the Court ruled the way it did is the most important part of the case, and the reader must be able to understand it by reading your brief instead of 91%().

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