State of Kansas v. Dinh Loc Ta / Ramon Ramierez v. The State of Texas / Commonwealth v. Berggren / U.S. v. Scott
ALL 4 Case Briefs Do a CASE BRIEF of ALL FOUR CASES. Key things to have is: Facts: Issue Presented:
Holding: Rationale PLEASE SEPERATE EACH CASE
For each fact pattern, specify the essential legal issue(s) involved, describe the legal concepts from the text, decide which side should win, and explain your reasoning and how you used the legal concepts to arrive at your decision.
Sample solution
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
References
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.
Sample Answer
Sample Answer
Case Brief: State of Kansas v. Dinh Loc Ta
Facts: Dinh Loc Ta was charged with possession of a controlled substance after a search of his vehicle revealed illegal drugs. The evidence was obtained without a warrant during a routine traffic stop.
Issue Presented: Whether the warrantless search of Ta’s vehicle violated his Fourth Amendment rights against unreasonable searches and seizures.
Holding: The court held that the warrantless search was unconstitutional and that the evidence obtained should be suppressed.
Rationale: The Fourth Amendment protects individuals from unreasonable searches and seizures. In this case, the search of Ta’s vehicle without a warrant did not meet the criteria for a lawful search. The court applied the exclusionary rule to suppress the evidence, emphasizing the importance of upholding constitutional rights even in the presence of incriminating evidence.
Case Brief: Ramon Ramirez v. The State of Texas
Facts: Ramon Ramirez was charged with assault after an altercation with a neighbor resulted in injuries. Ramirez claimed self-defense, arguing that he acted to protect himself from imminent harm.
Issue Presented: Whether Ramirez’s actions constituted lawful self-defense under Texas state law.
Holding: The court ruled in favor of Ramirez, recognizing his actions as justifiable self-defense.
Rationale: Self-defense is a legal concept that allows individuals to protect themselves from harm under certain circumstances. In this case, Ramirez’s actions were deemed proportionate to the threat he faced, meeting the requirements for self-defense. The court considered the principles of reasonableness and imminent danger in its decision, emphasizing the right of individuals to defend themselves in lawful situations.
Case Brief: Commonwealth v. Berggren
Facts: Berggren was charged with embezzlement after misappropriating funds from her employer over a period of several years. The evidence against her included financial records and witness testimony.
Issue Presented: Whether Berggren’s actions constituted embezzlement under the laws of the Commonwealth.
Holding: The court found Berggren guilty of embezzlement and imposed a sentence based on the severity of the offense.
Rationale: Embezzlement involves the unlawful appropriation of funds or property entrusted to one’s care. In this case, Berggren’s actions clearly met the criteria for embezzlement based on the evidence presented. The court applied the relevant statutory provisions and legal precedents to establish guilt, highlighting the importance of accountability and integrity in financial transactions.
Case Brief: U.S. v. Scott
Facts: Scott was charged with tax evasion after failing to report income from multiple sources over several years. The government alleged that Scott deliberately concealed earnings to avoid paying taxes.
Issue Presented: Whether Scott’s actions constituted willful tax evasion under federal tax laws.
Holding: The court ruled in favor of the United States, finding Scott guilty of willful tax evasion.
Rationale: Tax evasion involves the deliberate evasion of tax obligations through fraudulent means. In this case, Scott’s failure to report income and his attempts to conceal earnings demonstrated a willful intent to evade taxes. The court applied relevant tax statutes and case law to establish Scott’s guilt, emphasizing the importance of compliance with tax laws and the consequences of fraudulent tax practices.
In each of these cases, legal principles such as constitutional rights, self-defense, embezzlement laws, and tax evasion statutes were applied to determine the outcome. By analyzing the facts, issues presented, holdings, and rationale of each case in light of these legal concepts, the courts arrived at decisions that upheld justice and legal integrity.
