The facts indicate that Lawyer performed legal research to ascertain the validity of a land use ordinance that has since been enacted. The information gained during the research probably is considered “generally known,” because it can most likely be found in legal books or databases that are avail- able to the public. The facts do not specify whether Lawyer obtained any other confidential information that might be relevant to Developer’s lawsuit (or Association’s lawsuit—see below). If so, then Lawyer may not be able to continue representing Developer without violating her continuing duty to City.
W & Z’S REPRESENTATION OF DEVELOPER
Imputation of Conflicts
If a conflict of interest does exist with respect to Lawyer’s representation of Developer and Lawyer is disqualified, the firm will have to take steps to make sure that the matter can be assigned to a different lawyer within the firm.
If a former government lawyer is disqualified from a matter for the reasons described above, other lawyers in the firm for which the disqualified lawyer now works may handle the matter if all of the following conditions are met: (i) the disqualified lawyer is screened from any participation in the matter (e.g., the disqualified lawyer must not talk about the matter with the lawyers who are handling it and must not have access to files about the matter); (ii) the disqualified lawyer does not share any part of the fee earned in the matter (other than his normal salary or partnership share); and (iii) the appro- priate government agency is promptly notified of the screening arrangement so the agency can make sure that the screening is adequate.
Thus, if Lawyer is disqualified from representing Developer based on her past work for City, W & Z must satisfy the above conditions before continuing representation of Developer. Given that W & Z has already assigned the matter to Lawyer rather than screening her from the matter, it does not seem that the firm has properly handled the situation.
LAWYER’S REPRESENTATION OF ASSOCIATION
Conflict of Interest with Current Clients
Lawyer’s duty of loyalty to her clients may be implicated if she simultaneously represents Developer and Association in their respective lawsuits. A lawyer is not prohibited from taking inconsistent legal positions in separate representations. However, a lawyer generally must not represent a client when there is a significant risk that the representation will be materially limited by the interests of another client.
Under the ABA Rules, a lawyer may still undertake the representation if: (i) the lawyer reasonably believes that she can competently and diligently represent each affected client despite the conflict; (ii) the representation is not prohibited by law; (iii) the representation does not involve asserting a claim by one client against another client represented by the lawyer in the same proceeding; and (iv) each affected client gives informed consent, confirmed in writing. The California Rule is the same, except that it requires “informed written consent” (that is, both the lawyer’s disclosure of the conflict and the client’s consent must be in writing).
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Several ethical issues confront Lawyer and W & Z.
LAWYER’S REPRESENTATION OF DEVELOPER
Conflict of Interest Rules for Government Employees
A lawyer owes her client a duty of loyalty and must be careful to avoid conflicts of interest. A lawyer generally must not represent a client in connection with a matter in which the lawyer participated personally and substantially as a government officer or employee, unless the appropriate government agency gives informed consent, confirmed in writing. As used in this rule, “matter” means a a specific set of facts involving specific parties. Researching and drafting general legislation usually does not constitute a “matter” for purposes of this conflict rule.
Here, Developer has requested that Lawyer file a lawsuit on its behalf challenging the validity of the wetlands provision of a land use ordinance. When Lawyer worked as a Deputy City Attorney, she performed the preliminary research on the feasibility of a land use ordinance. Afterwards, City retained outside counsel to draft the ordinance, which contains the wetlands provision at issue.
As stated above, performing research does not give rise to this type of conflict. Furthermore, there is little indication that Lawyer participated “personally and substantially” in the creation of the wetlands provision that Developer has asked her to challenge. The facts indicate only that Lawyer performed preliminary research on the feasibility of the ordinance—not specifically the wetlands provision. It is possible that the outside counsel added the wetlands provision during the drafting process.
Thus, a conflict does not exist with respect to Lawyer’s representation of Developer in the lawsuit challenging the wetlands provision of the land use ordinance.
Confidentiality and Revealing or Using Information Against Former Client
A lawyer must not reveal information relating to the representation of a client. The duty of confidenti- ality applies to all information relating to the representation of the client regardless of when or where it was acquired, regardless of whether the client asked for it to be kept in confidence, and regardless of whether revealing it might harm or embarrass the client. The duty of confidentiality continues to apply even after the attorney-client relationship has terminated.
Furthermore, a lawyer who has formerly represented a client in a matter may not thereafter use infor- mation relating to the representation to the disadvantage of the former client, except as permitted or required by the Rules of Professional Conduct (e.g., relating to confidentiality of information), or when the information has become generally known.
Here, Lawyer was employed by City as a Deputy City Attorney for five years. Lawyer thus owes a continuing duty of confidentiality to City. This means that Lawyer may not reveal any confidential information obtained through the representation of City in any matter. Furthermore, Lawyer must not use information obtained in her representation of City to City’s disadvantage. Therefore, Lawyer should consider whether she can maintain her duty of confidentiality to City as a former client while repre- senting Developer.
La Argentina es un Estado federal, que comprende al Estado Nacional, coexistiendo con Estados provinciales autónomos, lo que determina que exista un Derecho Constitucional Nacional y tantos Derechos Constitucionales Provinciales como provincias haya. El Derecho Constitucional, es el ordenamiento jurídico fundamental y supremo, que organiza jurídica y políticamente al Estado. Determina la forma del Estado y su gobierno, competencias y atribuciones, fines estatales, derechos y garantías de los habitantes. Regula la organización de todo el derecho, sentando principios básicos y determinando la forma de gobierno y la forma de Estado. También determinando las relaciones entre particulares y el Estado y las obligaciones que de ellas se desprenden. El Derecho Constitucional enfoca, en primer término, en la Parte Dogmática, los principios y declaraciones constitucionales, así como el tema de los derechos fundamentales del individuo, que tienen por fin su fortalecimiento como base del carácter instrumental del Estado.
Machines and their purposes are fascinating. Their movement when they move, what they do, and how they help are all important reasons for why they matter. There are different variations of construction machines. Each different variation has a different purpose for its unique job. They help for different specific situations. The video shows how they sound, how they look, and when they are in use.
Machines have a lot of similarities and differences. For example, the ways they move can be similarities, but their uses can be different. In the article, it is talking about a machine with a power shovel that is used to carry heavy loads. Also, in the video it is showing different machines working. In the article it talks about the machines.
Have you not heard of that madman who lit a lantern in the bright morning hours, ran to the market-place, and cried incessantly: "I am looking for God! I am looking for God!"
As many of those who did not believe in God were standing together there, he excited considerable laughter. Have you lost him, then? said one. Did he lose his way like a child? said another. Or is he hiding? Is he afraid of us? Has he gone on a voyage? or emigrated? Thus they shouted and laughed. The madman sprang into their midst and pierced them with his glances.
"Where has God gone?" he cried. "I shall tell you. We have killed him - you and I. We are his murderers. But how have we done this? How were we able to drink up the sea? Who gave us the sponge to wipe away the entire horizon? What did we do when we unchained the earth from its sun? Whither is it moving now? Whither are we moving now? Away from all suns? Are we not perpetually falling? Backward, sideward, forward, in all directions? Is there any up or down left? Are we not straying as through an infinite nothing? Do we not feel the breath of empty space? Has it not become colder? Is it not more and more night coming on all the time? Must not lanterns be lit in the morning? Do we not hear anything yet of the noise of the gravediggers who are burying God? Do we not smell anything yet of God's decomposition? Gods too decompose. God is dead. God remains dead. And we have killed him. How shall we, murderers of all murderers, console ourselves? That which was the holiest and mightiest of all that the world has yet possessed has bled to death under our knives. Who will wipe this blood off us? With what water could we purify ourselves? What festivals of atonement, what sacred games shall we need to invent? Is not the greatness of this deed too great for us? Must we not ourselves become gods simply to be worthy of it? There has never been a greater deed; and whosoever shall be born after us - for the sake of this deed he shall be part of a higher history than all history hitherto."
Here the madman fell silent and again regarded his listeners; and they too were silent and stared at him in astonishment. At last he threw his lantern to the ground, and it broke and went out. "I have come too early," he said then; "my time has not come yet. The tremendous event is still on its way, still travelling - it has not yet reached the ears of men. Lightning and thunder require time, the light of the stars requires time, deeds require time even after they are done, before they can be seen and heard. This deed is still more distant from them than the distant stars - and yet they have done it themselves."
It has been further related that on that same day the madman entered divers churches and there sang a requiem. Led out and quietened, he is said to have retorted each time: "what are these churches now if they are not the tombs and sepulchres of God?"
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এখন প্রয়োজন বাংলা ভাষার প্রসার ঘটিয়ে ভাষাকে আরও গতিশীল করা এবং এই ভাষাকে জীবনের সব প্রয়োজন মেটানোর জন্য ব্যবহারের দক্ষতা অর্জন। একটি ভাষা গতিশীল ও উন্নততর পর্যায়ে যেতে পারে, যখন তা প্রতিদিনের জীবনযাপনের, উপার্জন কাজের এবং বিনোদনের বাহক ও ধারক হয়।
CORE VALUE: COMPASSION
The value of compassion, inspired by the Spirituality of the Sacred Heart of Jesus, is characterized by selfless and dedicated concern for others marked by loving respect and kindness.
OUR PRAYER LIFE
We deepen our relationship with God by making our Eucharist as the center of our life and mission. We nourish it by our devotion to the Sacred Heart of Jesus and Mary.
OUR COMMUNITY LIFE
We live in a well-ordered, nurturing environment where we learn and experience love of God, love of neighbor and love of service. We view our being with one another as privileged opportunity to show expressions of concern, encouragement and love. We accept people whoever and whatever they are.
OUR MISSIONARY LIFE
We are formed to mission as educators in the faith teaching with the pedagogy of trust. We share the Word of God as a community of Christian believers. We show compassion for the poor and serve Christ in them.
সুশিক্ষিত ও বৈষম্যহীন সমাজের স্বপ্ন বাংলাদেশের এই ভূখণ্ডের মানুষের মধ্যে বহুকাল থেকেই লালিত হয়েছে। এই স্বপ্ন থেকেই জন্ম নিয়েছে বাংলাদেশ। দেশ হিসেবে ও মানুষ হিসেবে উন্নয়নের জন্য জীবনের মৌলিক চাহিদার সঙ্গে সঙ্গে সম্মান ও মর্যাদা নিয়ে বেঁচে থাকার অধিকার অর্জনের প্রয়োজন এ দেশে স্বীকৃত। সেই স্বীকৃতির ভিত্তি রচিত হয়েছিল ভাষার জন্য আন্দোলনের মধ্য দিয়ে বাংলা ভাষাকে রাষ্ট্রভাষা হিসেবে প্রতিষ্ঠিত করে।
The Aviation Safety Information Analysis and Sharing. The program connects approximately 185
data and information sources across government and industry, including voluntarily provided safety
data. The ASIAS program works closely with the Commercial Aviation Safety Team (CAST) and the
General Aviation joint steering committee to monitor known risk, evaluate the effectiveness of
deployed mitigations, and detect emerging risk.
BEST EVIDENCE/SECONDARY EVIDENCE RULE
Under the FRE and CEC, when seeking to prove the terms of a writing in the case where the terms are material, the original must be produced. This is called the best evidence rule under the FRE and the secondary evidence rule under the CEC. The question here is whether the lighter constitutes a writing. While a lighter is not typically a writing, in this case the evidentiary value of the lighter derives from the fact that it allegedly has Daniel’s initials on it. Thus, the prosecution seeks to offer evidence as to the contents of a writing. Absent evidence that the “original” lighter has been lost or destroyed, testimony concerning the letters on it violates the best evidence rule.
Thus, the testimony should not have been admitted.
5. THE JURY’S EXPERIMENT
A judge may permit a demonstration or scientific experiment to be performed in the courtroom under certain circumstances. However, a jury may not conduct an independent investigation. This is because such activities would not be subject to the evidentiary safeguards that are in place by having the court rule on the appropriateness of evidence, and because the party to the case that would be disadvantaged by the results of such an investigation does not have the opportunity to cross-examine the results of the investigation. The role of the jury is to weigh the evidence that is duly presented in court and reach a conclusion based on that evidence and on the burden of proof that is attached to the particular case. While the jury may review all properly admitted evidence, it is not meant to consult and use outside evidence to reach a decision.
In this case, the jury conducted an experiment to see whether Daniel could have accidentally spilled the gasoline in the way he said he did. In doing so, they used a measurement from a truck that was different from the truck at issue in the case. This means that the jury went outside the scope of the properly admitted evidence. Thus, the conduct of the jury was not proper in this case.
Furthermore, the investigation caused five jurors to change their votes for the verdict. As a result, the jury’s conduct was more than harmless error and should be grounds for a mistrial. However,
a juror is generally prohibited from testifying in post-verdict proceedings as to matters occurring during the course of jury deliberations. Although a juror may testify as to whether “extraneous prejudicial information” or any “outside influence” was brought to bear on any juror, the improper experiment was an internal matter between jurors and did not constitute an outside influence.
Thus, the jury’s conduct was improper, but it is unlikely that the verdict will be impeached.
MATTERS SUBJECT TO JUDICIAL NOTICE
Judicial notice is the recognition of a fact as true by the court without formal presentation of evidence. A fact that is not subject to reasonable dispute may be judicially noticed. Matters of common knowledge in the community, facts capable of certain verification, and certain scientific principles all are appropriate matters for judicial notice. In a criminal case, the FRE provide that the jury should be instructed that it may, but is not required to, accept a judicially noticed fact as conclusive. Under the CEC, the court may, and upon request must, instruct the jury to accept a judicially noticed fact as conclusive.
Here, the court took notice both of the properties of gasoline and of the possible consequences of placing gasoline on a body and lighting it. The properties of gasoline are capable of certain verification in reference materials. Furthermore, it is common knowledge that gasoline, if placed on the body and ignited, will potentially cause serious injury and death. Although the specific consequence of gasoline ignition in this particular case would not be proper for judicial notice, the fact that was judicially noticed was the potential for injury, which would be a notorious fact. Thus, both of these facts were subject to judicial notice.
4. CROSS-EXAMINATION OF DANIEL REGARDING THE LIGHTER
RELEVANCE
The fact that the lighter has Daniel’s initials on it makes it more likely that Daniel owned the lighter; therefore, the fact elicited by the question is logically relevant. Furthermore, the evidence concerning the lighter is highly probative, and although there is some risk of prejudice if the evidence were to be admitted, it is not substantial and would not outweigh the usefulness of the evidence in tending to prove the ownership of the lighter. Thus, the subject matter of the question is also legally relevant.
LEADING QUESTIONS
A leading question is one that suggests the answer to the witness in the question itself. Leading questions are generally allowed only on direct examination in limited circumstances, but are allowed in cross-examination. In this case, the prosecutor’s question calls for a “yes” or “no” answer, which typically makes a question leading. However, because the question is being asked on cross-examination, there is no problem with it being a leading question.
SCOPE OF CROSS-EXAMINATION
Cross-examination is limited to: (i) matters brought out on direct examination and the inferences naturally drawn from those matters, and (ii) matters affecting the credibility of the witness (i.e., impeachment of the witness). Here, the question regarding Daniel’s initials on the lighter found at the garage questions the credibility of Daniel’s statement on direct examination that he was not the owner of the lighter that burned Victor. Thus, it is within the proper scope of cross-examination.
IMPEACHMENT BY CONTRADICTORY FACTS
Extrinsic evidence of facts that contradict a witness’s testimony may sometimes be admitted to suggest that a witness’s mistake or lie on one point indicates erroneous or false testimony as to the whole. As stated above, the fact that Daniel’s initials were found on the lighter contradicts his testimony that he did not own the lighter. Thus, it was proper impeachment evidence.
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