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What is the exclusionary rule and under what circumstances can it be used?
The exclusionary rule “is a judicially created remedy designed to safeguard” the right of the people to be free from “unreasonable searches and seizures.” State v. Williams, 192 N.J. 1, 14 (2007). Under the exclusionary rule, “the State is barred from introducing into evidence the fruits of an unlawful search or seizure by the police.” […]
The Standard for Admissibility of Wiretap Evidence in New Jersey
In State v. Driver, 38 N.J. 255 (1962), the New Jersey Supreme Court authorized the use of electronic wiretaps, however, the Court listed several conditions that must be satisfied before wiretaps could be admitted into evidence. These conditions are as follows: (1) the speakers must be identified; (2) the device must be capable of taking […]
Understanding The PFIC Rules And The Implications Of Owning Foreign Mutual Funds
I recently co-authored an article with Randall Brody, EA entitled, Understanding The PFIC Rules And The Implications of Owning Foreign Mutual Funds that appeared in the September 8, 2016 edition of Global Tax Weekly. Randall Brody, EA is the owner of Tax Samaritan and an expert in the field of foreign asset reporting. Click here to learn […]
Sample Brief in Opposition to Motion for Summary Disposition
Attached is a sample brief in opposition to the defendant’s motion for summary disposition. It is based on a hypothetical case that I worked on as a 3L in law school. All legal citations come from the Michigan Court Rules and from Michigan state courts.
Filing for Divorce? Here are some sample pleadings to help you get started
Below are some sample pleadings for a divorce case. All of the names, addresses, personal identifiers, and court venues in this hypothetical are purely fictitious and should not be relied upon. It is recommended that you consult with an attorney who specializes in family law before plunging headlong into what could become a messy affair. Complaint for divorce […]
Anatomy of a Money Laundering Case
Several years ago, I had the unique opportunity of working on a large-scale money laundering case that was litigated in federal court. This case was “hands down” one of the most defining moments of my career. I was a bright-eyed and bushy-tailed attorney fresh out of law school when this “once in a lifetime” opportunity […]
Issue Spotting a Contracts Law Question
See attached outline.
Hot Topics Under the Fourth and Fifth Amendments
See attached outline.
Issue Spotting a Criminal Case For Potential Constitutional Violations
See attached outline.