Legal English: Criminal Procedure Review

Complete the statements using the words given:




__________ each have their own criminal codes, defining types of conduct that constitute crimes. GOVERNMENTS



While state constitutions and procedural rules may increase the protection afforded to criminal defendants, they may not __________ CONSTITUTION

The U.S. Constitution, the Federal Rules and the federal court system's interpretations of both provide guidance and procedural canons that law enforcement must follow. Failure to follow such procedure may result in __________ EVIDENCE/SUSPECT



__________ requires police to make criminal defendants aware of their rights prior to the defendant making any statements if the government intends to use those statements as evidence against the defendant. PROCESS



Law enforcement also must abide by the confines of the Fourth Amendment, which prohibits the government from performing __________ UNREASONABLE



In order to avoid illegally searching or seizing the property of a suspect, law enforcement personnel typically obtain __________ SEARCH





The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the right to __________ SPEEDY



The criminal justice system provides for an impartial jury by permitting both sides to utilize __________ during jury selection. CHALLENGES



Due Process requires that criminal defendants receive __________, and it further commands that defendants have the right to __________ FAIR/WITNESSES



The Fifth Amendment, through the Double Jeopardy Clause prohibits states from __________ FACTS



Trying to avoid convicting an innocent defendant at all costs, the law only permits the prosecution to overcome the defendant's presumption of innocence if they can show __________ DOUBT



Once a trial begins, the U.S. Constitution affords further rights to criminal defendants. One such right includes the right to __________ WITNESSES



The Sixth Amendment guarantees a defendant the right to __________ COUNSEL



At all times during the trial, the defendant enjoys a right of not having to __________ SELF





Put the stages of criminal trial in order:



(_____) PRE-TRIAL HEARING

(_____) BAIL

(_____) SENTENCING

(_____) PRELIMINARY HEARING

(_____) ARRAIGNMENT

(_____) TRIAL

Legal English: American Needle Vocab.

NFLP ______________ an exclusive license to ____________ Reebok International Ltd. to produce and sell trademarked headwear for all 32 teams. When ___________’s license was not renewed, it filed this ___________ alleging that the agreements between respondents violated the Sherman Act, §1 of which makes “[e]very contract, combination . . . or, conspiracy, in restraint of trade” illegal. Respondents answered that they were incapable of ___________ within§1’s meaning because the NFL and its teams are, in antitrust law ___________, a single entity with respect to the conduct challenged. The District Court granted respondents ___________ judgment, and the Seventh Circuit ________________.

respondent - petitioner – granted – restraint - action - jargon - affirmed - conspiring - entity - summary





Held: The alleged ­­­­­­­­­­­­­­­­­­­­­­­­­­­­____________ related to licensing of _______________ property constitutes _____________ action that is not ________________ beyond §1’s coverage. Pp. 4–20.

(a) The meaning of “contract, combination . . . , or, conspiracy” in §1 of the Sherman Act is ______________ by the Act’s “ ‘basic distinction between concerted and independent action.’ ”

concerted - informed - conduct - intellectual – categorically



“[c]oncerted activity ______________ is fraught with _______________ risk” _____________ as it “_________________ the marketplace of independent centers of ____________________ that competition assumes and demands,”

insofar - anticompetitive - inherently - decisionmaking - deprives



…less risk of ______________ a firm’s necessary conduct and leaves courts to examine only _______________ agreements. An arrangement must therefore _____________ concerted action in order to be a “contract, combination . . . or, conspiracy” under §1. Pp. 4–6.

discrete - deterring - embody



In determining whether there is concerted action under §1, the Court has ___________ formalistic distinctions, such as whether the alleged conspirators are legally distinct ____________, in favor of a ______________consideration of how they actually operate. The Court has repeatedly found instances in which members of a legally single entity ______________§1 when the entity was controlled by a group of competitors and served, in essence, as a _____________ for ongoing concerted activity. See, e.g., United States v. Sealy, Inc., 388 U. S. 350, 352–356. Conversely, the Court has found that although the entities may be “separate” for purposes of incorporation or formal title, if they are controlled by a single center of ________________ and they control a single _______________ of economic power, an agreement between them does not constitute a “contract, combination . . . or, conspiracy.”

entities - conversely - eschewed - vehicle - aggregation - decisionmaking - functional - violated

Prime 7: Laughter Therapy

Laughter Yoga CNN Report:
http://www.youtube.com/watch?v=0eB3ISAYE-I

Laughter Yoga In Cancer Hospital Chicago U.S.A:
http://www.youtube.com/watch?v=neDB4I93EZI&feature=related

What Is Laughter Yoga:
http://www.youtube.com/watch?v=-vGtkxmlfx8

Translation: Humor

Little Johnny: http://www.jokes.com/funny/little%2Bjohnny/little-johnny----nickels-and-dimes
Joaozinho: http://www.piadasnet.com/piada909joaozinho.htm

Loira: http://boaspiadas.blogspot.com/2006/03/loira-no-avio.html
Blond: http://www.coolblondejokes.com/DumbJokes/GameOfIntelligence.shtml

Cartoons (English):
http://www.google.com.br/images?hl=pt-BR&biw=1362&bih=588&rlz=1R2SNNT_pt-BRBR381&q=jokes&um=1&ie=UTF-8&source=univ&ei=0W7mTI3YI4K8lQexscmnCw&sa=X&oi=image_result_group&ct=title&resnum=4&ved=0CE4QsAQwAw

Cartoons (Portuguese):
http://www.google.com.br/images?um=1&hl=pt-BR&biw=1362&bih=588&rlz=1R2SNNT_pt-BRBR381&tbs=isch%3A1&sa=1&q=piadas&aq=f&aqi=&aql=&oq=&gs_rfai=


Videos:
http://www.youtube.com/watch?v=GW4ZgPewSPA
http://www.youtube.com/watch?v=jzHBszZn6uo

Legal English: American Needle v. NFL

http://blogs.wsj.com/law/2010/05/24/american-needle-high-court-delivers-9-0-shutout-against-nfl/

http://www.supremecourt.gov/opinions/09pdf/08-661.pdf
http://www.onthedocket.org/cases/2009/american-needle-v-nfl

http://www.acslaw.org/node/15087
http://caselaw.findlaw.com/us-7th-circuit/1291215.html

RADIO:
http://marketplace.publicradio.org/display/web/2010/01/13/am-nfl-lawsuit/
VIDEO:
http://www.c-spanvideo.org/program/291314-1
http://www.youtube.com/watch?v=nHQxaPCeLN8

Sidenote: http://www.youtube.com/watch?v=k5v0gTjRW90&feature=related

Prime 7: Outliers

The book: http://en.wikipedia.org/wiki/Outliers_(book)


The interview: http://www.youtube.com/watch?v=Hz4hPbHIZ6Y

Translation: Literature

 Dez Coisas que Levei Anos Para Aprender / Luís Fernando Veríssimo
http://pensador.uol.com.br/autor/Luis_Fernando_Verissimo/

1. Uma pessoa que é boa com você, mas grosseira com o garçom, não pode ser uma boa pessoa.
2. As pessoas que querem compartilhar as visões religiosas delas com você, quase nunca querem que você compartilhe as suas com elas.
3. Ninguém liga se você não sabe dançar. Levante e dance.
4. A força mais destrutiva do universo é a fofoca.
5. Não confunda nunca sua carreira com sua vida.
6. Jamais, sob quaisquer circunstâncias, tome um remédio para dormir e um laxante na mesma noite.
7. Se você tivesse que identificar, em uma palavra, a razão pela qual a raça humana ainda não atingiu (e nunca atingirá) todo o seu potencial, essa palavra seria "reuniões".
8. Há uma linha muito tênue entre "hobby" e "doença mental".
9. Seus amigos de verdade amam você de qualquer jeito.
10. Nunca tenha medo de tentar algo novo. Lembre-se de que um amador solitário construiu a Arca. Um grande grupo de profissionais construiu o Titanic.

*************************************************************************
A viuvinha: http://vbookstore.uol.com.br/nacional/josedealencar/viuvinha.pdf

Iracema Portuguese: http://www.cce.ufsc.br/~nupill/literatura/iracema.html

Iracema English: http://www.amazon.com/Iracema-Classics-Brazilian-Literature-Alencar/dp/0850515246#reader_0850515246

Alice English: http://www.literaturecollection.com/a/carroll/alice/1/

Toca abaixo

Alice estava começando a ficar muito cansada de sentar-se ali ao lado de sua irmã no barranco, e de não ter nada para fazer. Uma ou duas vezes ela havia dado uma espiadela no livro que sua irmã estava lendo, mas ele não tinha figuras ou conversas, 'e de que serve um livro', Alice pensou, 'sem figuras ou conversas?'

Então ela pensava consigo mesma (tanto quanto lhe era possível, pois o dia quente a fazia sentir-se muito sonolenta e burra) se o prazer de fazer um colar de margaridas valeria o trabalho de levantar-se e apanhar as margaridas, quando de repente um Coelho Branco de olhos cor-de-rosa passou por ela correndo.

Não havia nada de MUITO extraordinário naquilo, nem pensou Alice que era TÃO fora de propósito assim ouvir o Coelho dizer para si mesmo, 'Minha nossa!  Minha nossa!  Eu me atrasarei!' (Depois, quando ela pensou melhor, ocorreu-lhe que ela deveria ter-se espantado com aquilo, mas naquele momento, tudo pareceu bastante natural).

Alice Portuguese: http://www.triplov.com/contos/Alice-no-pais-das-maravilhas/capitulo_01.htm

Big Ed: http://www.richardbealblog.com/?p=2792

Sítio: http://www.youtube.com/watch?v=gfRxIyxuzvI

Legal English: Landmark Supreme Court Cases

http://www.streetlaw.org//en/Page.Landmark.Concepts.aspx

Prime 7: Multiple Intelligences

Howard Gardner Interview: http://www.youtube.com/watch?v=l2QtSbP4FRg

Legal English: Petit Invasion

LATEST (11/08)

CNN: http://www.cnn.com/2010/CRIME/11/08/connecticut.home.invasion.penalty/index.html?iref=allsearch
ABC: http://abcnews.go.com/US/petit-murder-jurors-split-death-penalty/story?id=12069544


RECENT DEVELOPMENTS (11/03)

NYT: http://www.nytimes.com/2010/11/03/nyregion/03cheshire.html?_r=1

CBS:
http://www.cbsnews.com/8301-504083_162-20021494-504083.html?tag=contentMain;contentBody
http://www.cbsnews.com/8301-504083_162-20021473-504083.html?tag=contentMain;contentBody

CT Law Tribune:

http://www.ctlawtribune.com/getarticle.aspx?ID=38532

Prime 7: J Lo, Bieber, Usher, Beyonce

Bieber and Usher: http://www.youtube.com/watch?v=SOI4OF7iIr4

J Lo: http://www.youtube.com/watch?v=irwMo5M96bE&ob=av2e

Beyonce: http://www.youtube.com/watch?v=eIkRiqxWcYU

Translation: Curiosity

Video game English/Port comparison.  Check  out the comments on quality of translation.
http://www.youtube.com/watch?v=vN5vyjnq9sg&feature=fvst

Translation: translated songs

Samba do Avião Ingles/Elis Regina: http://www.youtube.com/watch?v=nzf6a5Or2j8
Eng lyrics: http://lyrics.wikia.com/Tony_Bennett:Samba_Do_Avi%C3%A3o

Port http://www.youtube.com/watch?v=aK-k0SstIJQ&feature=related

Jobin Passarim:
http://www.youtube.com/watch?v=Qm2TRMk5BqA
http://www.youtube.com/watch?v=z9HH98woqfw&feature=related

Port http://www.lyricskeeper.com/tom_jobim-lyrics/213843-passarim-lyrics.htm
Eng http://www.burbler.com/antonio-carlos-jobim-passarim-english-version-lyrics.html

Dindi - Tom Jobim Gal Costa - Portuguese and English

http://www.youtube.com/watch?v=4I-a_uGjhaw

Tom Jobim
Dindi (Gal Costa Live) lyrics

Português (Primeira parte/First half):

Céu, tão grande é o céu!
E um bando de nuvens que passam ligeiras
Pra onde elas vão, ah! eu não sei, não sei.
E o vento que fala nas folhas
Contando as histórias que são de ninguém
Mas que minhas e de você também
Ai, Dindi! Se soubesses o bem que eu te quero,
Como não seria, Dindi?
Tudo, Dindi, lindo Dindi.
Ai Dindi, se um dia você for embora
Me leva contigo, Dindi.
Fica, Dindi! Olha, Dindi!

E as águas desse rio
Onde vão, eu não sei.
E a minha vida inteira, esperei, esperei.

Por você, Dindi, que é a coisa mais linda que existe!
Você não é existe, Dindi.
Deixa, Dindi, que eu te adore, Dindi.


English (Second half/Segunda parte):

Oh! Dindi, if I only had words I would say
All the beutiful things that I see
When you're with me, oh! My Dindi

Oh! Dindi, like the song of the wind in the trees
That's all my heart is singing, Dindi.
Happy, Dindi, when you're with me.

I love you more each day
Yes I do, yes I do!
I'd like to go away if you take me with you

Don't you know, Dindi?
I'll be running and searching for you
Like a river that can't find the sea
That would be me without you, my Dindi.

Without you, my Dindi
Dindi

Legal English: Napster

http://www.out-law.com/page-1384

http://www.yale.edu/lawweb/jbalkin/telecom/aandmvnapster.pdf

NPR Coverage: http://www.npr.org/search/index.php?searchinput=napster

Legal English: Law.com Video About Brazil

The Future Is Now: The Booming Brazilian Legal Market


http://www.law.com/jsp/tal/PubArticleTAL.jsp?id=1202472726561&The_Future_Is_Now_The_Booming_Brazilian_Legal_Market&slreturn=1&hbxlogin=1


A half-dozen Am Law 200 firms opened Sao Paulo offices in the last two years. But even the sun, sand, and samba can't eliminate the regulatory hassles and complicated relationships with local firms.


http://www.law.com/jsp/tal/PubArticleTAL.jsp?id=1202472307554&The_Global_Issuebr__The_Future_Is_Now

Legal English: Stem cell vocab

http://jurist.org/paperchase/2010/09/federal-appeals-cour-temporarily-lifts-stem-cell-research-ban.php
Appeals for the District of Columbia Circuit __________ the Obama administration's request for an emergency stay Thursday, lifting the ban on stem cell research. The Obama administration __________ the stay Wednesday after Judge Royce Lamberth of the US District Court for the District of Columbia on Tuesday denied a __________ to stay his preliminary injunction issued in August. The appeals court granted the temporary stay so it could have "sufficient opportunity to consider the ____________" of the Obama's administration's emergency motion for stay. The court ordered the _________ to respond to the emergency motion by September 14, and the Obama administration has until September 20 to reply.
(sought / merits / motion / appellees / granted)



Earlier this month, the Obama administration __________ the injunction, _______ that Lamberth's ruling was ___________ , endangering an array of research across multiple programs and centers while only serving a very attenuated economic interest of the _____________ in the case. According to the ____________, the injunction threatens 24 research projects, more than 1,300 jobs and $64 million in funding, as well as potentially millions of Americans who may benefit from medical advances in the field of stem cell research. Last year, President Barack Obama signed an executive order [JURIST report] permitting federal funding for some __________ of embryonic stem cell research. Despite the executive order, Lambert __________ that evidence showed that the plaintiffs were substantially likely to __________ based on existing law.

(arguing/filing/held/overbroad/prevail/appealed/filing/plaintiffs/forms)

***********************************************************************

http://www.nytimes.com/2010/10/06/science/06stem.html
…a lawsuit ________ the use of public money for the research and a conservative shift in Congress could leave the field more sharply _______ than it has been since its inception a decade ago. ______ are about 1,300 jobs, as well as _______ from the National Institutes of Health that this year total more than $200 million and support more than 200 projects.

(restricted / grants / challenging / at stake)



In August, Chief Judge Royce C. Lamberth of Federal District Court for the District of Columbia ________ that the Obama administration’s ________ violates a law _____ federal financing for “research in which a human embryo or embryos are destroyed, discarded or _______ subjected to risk of ________ or death,” and ________ an injunction blocking federal money for the research.

(policy / found / issued / barring / knowingly / injury)



Since then, the field’s fate has appeared to shift almost weekly as the _________ wends its way through the courts. Last week, the government ______ the right from an appeals court to continue financing the contested research while it _______ the _____. But there is no telling how the appeals court will ultimately rule, and Judge Lamberth could issue a _______ injunction.

(won / ruling / lawsuit / revised / appeals)



Under ________ authorized by both the Bush and Obama _________, work that leads directly to destroying the embryos cannot be ________ financed. The government can, however, _________ subsequent research on the cell lines created by that process.

(administrations / federally / guidelines / support)

Last year, two scientists _______ the lawsuit, _______ that the distinction is a false one and that the guidelines on public financing _______ the Dickey-Wicker _______, first passed in 1996 and renewed by Congress every year since.

(arguing / filed / amendment / violated)

Translation

https://ww2.stj.jus.br/websecstj/decisoesmonocraticas/Pesquisa_Decisao.asp?vPortalAreaRaiz=&vPortalAreaPai=289&vPortalArea=336

http://www.mg.trf1.gov.br/Judicial/Fases_Processuais/Fases_Processuais.htm

http://www.jusbrasil.com.br/diarios/8162669/djce-15-01-2010-pg-12

http://bdjur.stj.gov.br/xmlui/bitstream/handle/2011/1538/Estrutura_Din%C3%A2mica_Poder.pdf?sequence=4

http://www.unicef.org/brazil/pt/stfdecisao_pt.pdf

http://www.trf4.jus.br/trf4/jurisprudencia/sumulas/sumula_25/93.04.19842-9.pdf

http://noticias.r7.com/tecnologia-e-ciencia/noticias/justica-permite-que-obama-financie-pesquisas-com-celulas-tronco-20100909.html

http://www.estadao.com.br/noticias/vidae,justica-dos-eua-mantem-verba-federal-para-celula-tronco-embrionaria,617339,0.htm

ofereça resposta http://www.tre-mg.jus.br/aplicativos/php/divulga_plenario/index.php?acao=processo&nomenu=true&protocolo=1018552008&sessao=82&dia=13/08/2009

Best song going right now...

Do you agree with me?  Love this tune!

http://www.youtube.com/watch?v=8PTDv_szmL0&ob=av3e

Listen  first!

Lyrics: http://www.azlyrics.com/lyrics/bob/nothinonyou.html

Legal English: Gov. Funding of Stem Cell Research

BLOGGER'S QUESTION: http://volokh.com/2010/09/29/d-c-circuit-issues-second-stay-order-in-stem-cell-case/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+volokh%2Fmainfeed+%28The+Volokh+Conspiracy%29

9/29 - Stay Granted by DC Circuit:
http://www.camraction.com/resources/DC%20Circuit%20-%20order%20granting%20stay.pdf

http://www.nytimes.com/2010/09/30/opinion/30thu2.html?scp=1&sq=2%20/%2029%20stem%20cell%20appeal&st=cse

MUST READ:
http://en.wikipedia.org/wiki/Dickey-Wicker_Amendment
http://news.sciencemag.org/scienceinsider/2010/09/legal-analysis-parsing-the-stem-.html
http://www.nytimes.com/2010/08/25/health/policy/25scientists.html?ref=stemcells

The Lamberth/District Court Ruling: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2009cv1575-44

News Coverage:
http://www.pbs.org/newshour/bb/health/july-dec10/stemcell_08-24.html
http://www.nytimes.com/2010/08/24/health/policy/24stem.html
http://www.youtube.com/watch?v=wzWyK8EjyJ8&p=A6096A87136EB739&playnext=1&index=7

SINCE THEN:

08/31 - Emergency Motion to Stay:
http://www.nih.gov/about/director/stemcell/stay_08312010.pdf
http://news.sciencemag.org/scienceinsider/2010/08/nih-asks-judge-to-suspend-stem-cell.html
http://news.sciencemag.org/scienceinsider/assets/2010/09/08/Main%20Memorandum.pdf
http://www.washingtonpost.com/wp-srv/politics/documents/brief.pdf
http://www.youtube.com/watch?v=zGxMWZOuyPg
http://www.nih.gov/about/director/stemcell/appeal_08312010.pdf

09/07 - Motion Denied:
http://news.sciencemag.org/scienceinsider/assets/2010/09/08/Three-page%20order.pdf

09/08 - DOJ Appeals to US Court of Appeals:
http://legaltimes.typepad.com/files/staymotionfiled.pdf

09/09 - US Court of Appeals Stays Injunction:
http://news.sciencemag.org/scienceinsider/STAY%20GRANTED.pdf
http://www.nytimes.com/2010/09/10/health/policy/10stem.html?ref=stemcells

09/20 - UC Wants in:
http://www.universityofcalifornia.edu/health/regents_stem_cell.pdf
http://news.sciencemag.org/scienceinsider/2010/09/uc-system-asks-to-join-stem-cell.html

http://news.sciencemag.org/scienceinsider/Plaintiffs%20response%20to%20UC%20motion.pdf
http://www.stemcellfunding.net/resources/DenialofIntervention.pdf

Prime 6: Always on my mind

Elvis: http://www.youtube.com/watch?v=VI94AsuvUUA

Bon Jovi and Willie Nelson: http://www.youtube.com/watch?v=nuQA9gLhlco&feature=related

Pet Shop Boys: http://www.youtube.com/watch?v=wDe60CbIagg

Legal English: Material for QUIZ 2

QUIZ 2 MATERIAL:

Ontario v. Quon
Supreme Court Ruling: http://www.supremecourt.gov/opinions/09pdf/08-1332.pdf
Newshour report: http://www.pbs.org/newshour/bb/politics/jan-june10/scotus_06-17.html

ReedSmith Teleseminar:
http://www.reedsmith.com/events/search_events.cfm?widCall1=customWidgets.content_view_1&cit_id=28639

SEC Fraud Complaint against Countrywide:
http://www.sec.gov/litigation/complaints/2009/comp21068.pdf
Video: http://www.youtube.com/watch?v=iteRiORi-yg

Legal English: New America Foundation Seminar

New America Foundation Seminar Video:  http://www.youtube.com/watch?v=V9TIF1VKHuo


The Volcker rule / Bang or whimper?A much-hyped reform may not have much effect on alternative investors
http://www.economist.com/node/16435769

… the “Volcker rule”, which was designed to __________ banks’ “__________” trading activities (bets made for their own account) and “_________” of hedge funds and private-equity firms.
( firms / proprietary / sponsorship / restrict )

…bankers have worried that they might be _______ to sell their hedge funds and private-equity ______ because politicians consider those _______ too _______.
(risky / units / forced / activities)

Their worst fears seem _________. As The Economist went to press, it looked likely that a _________version of the Volcker rule would pass, allowing banks to keep __________ hedge-fund and private-equity units for clients who want to invest in them, and perhaps to keep putting a small _______ of their own ___________ in them as well.
( share / unfounded / capital / running / diluted)



Dodd-Frank Bill's Volcker Rule a Win for Big Banks
http://www.theatlantic.com/business/archive/2010/06/dodd-frank-bills-volcker-rule-a-win-for-big-banks/58747/

… revised ____ of the Volcker rule was passed by Congress, watered down significantly from its original conception. It allows banks to invest _____3% of their tier 1 capital in private equity and hedge funds, but they cannot own more than a 3% ownership ______ in any private equity group or hedge fund. The 3% capital _____is a big enough _______that most big banks won't have to curb their proprietary trading much, if at all.
(stake / version / threshold / loophole / up to / curb )

Here's a chart showing Tier 1 and 3% of that for five major banks:

As you can see, the big banks can still do an _____ lot of proprietary trading. According to a report from CNBC earlier this week, the 3% limit will likely only significantly affect Goldman Sachs, which _________ around 10% of its revenue from proprietary trading. The other banks' ___________ of proprietary trading will be ________unaffected. This could result in Goldman _________ its bank holding company charter, so to avoid the Volcker rule altogether.
(shedding / generates / magnitude / awful / largely)


 
Glass–Steagall Act
http://en.wikipedia.org/wiki/Glass%E2%80%93Steagall_Act

The Banking Act of 1933 was a law that ________ the Federal Deposit Insurance Corporation (FDIC) in the United States and introduced banking reforms, some of which were designed to control speculation. It is most commonly known as the Glass–Steagall Act, after its legislative sponsors, Carter Glass and Henry B. Steagall.

Some provisions of the Act, such as Regulation Q, which allowed the Federal Reserve to _________ interest rates in savings accounts, were ___________by the Depository Institutions Deregulation and Monetary Control Act of 1980. Provisions that prohibit a bank holding company from owning other financial companies were ____________ on November 12, 1999, by the Gramm–Leach–Bliley Act.

The repeal of the Glass–Steagall Act of 1933 effectively removed the separation that previously existed between Wall Street investment banks and _________ banks and has been blamed by some for exacerbating the damage caused by the collapse of the subprime mortgage market that led to the Financial crisis of 2007–2010. The potential to make enormous profits trading mortgage-backed securities with artificially high _________ encouraged banks to take on __________ intolerable risk in the form of bad loans.
(repealed / repealed / ratings / depository / established / otherwise / regulate)

Prime 6: Miracle Drink

Acai Berry Drink Video: http://www.youtube.com/watch?v=IZrLMUfgNzo&feature=related

Legal English: Countrywide Vocab

VIDEO: http://www.youtube.com/watch?v=iteRiORi-yg


Mirage: _____________ analysts and investors. __________ Contrywide ______ as primarily a maker of___________ quality mortgage loans, qualitatively different from competitors who ____________ primarily in riskier lending
(prime / reassured / engaged / held out )




Fraud: engaged in ____________ sleight of hand – appearing to provide sufficient information to__________ analysts and the purchasers of its mortgage ____________ securities (“MBS”) that Countrywide was being _______________, all while ________________ the true nature of the company’s rapidly deteriorating ________________ quality from its equity investors

(satisfy / backed /concealing / disclosure / underwriting / forthcoming )



“Supermarket" strategy: offer any product offered by any ___________ and adopt _______________ guidelines that were as________ as ever / riskier and riskier loans and "exceptions,” which failed to _____________ already wide underwriting guidelines and had a higher ___________ of default.

( underwriting / rate / competitor / meet / wide )


Was more dependent than many of its competitors on selling loans it __________ into the ______________ mortgage market

_________ to disclose that Countrywide's business model was ____________

____________ the market by falsely assuring investors that Countrywide was primarily a prime quality mortgage' lender which had avoided the ______________ of its competitors
( unsustainable / secondary / failed / misled / excesses / originated )


falsely ____________ that Countrywide "manage[d] credit risk through credit _______, underwriting, quality control and ____________ activities," and the 2005 and 2006 Forms 10-K falsely ______________ that Countrywide ______________ its continuing access to the mortgage backed securities market by "consistently producing quality mortgages.”


(policy / stated / surveillance / ensured / represented)



In one internal email, Mozilo referred to a particularly ___________ subprime product as "toxic," and in another he ___________ that the company was "flying blind," and had "no way" to predict the __________ of its heralded product, the Pay-Option ARM loan. Mozilo believed that the risk was so high and that the secondary market had so ___________ Pay-Option ARM loans that he repeatedly urged that Countrywide sell its entire portfolio of those loans

( mispriced / stated / performance / profitable )


while in __________ of material, non-public information concerning Countrywide's increasing credit risk and the risk that the poor expected performance of Countrywide-originated loans would _____________ Countrywide from continuing its business model of selling the majority of the loans it _______________ into the secondary mortgage market, ___________ over 5.1 million stock options and sold the underlying shares for total ______________ of over $139 million


(exercised / possession / originated / proceeds / prevent)



Remedies

Enter an order, __________ to Section 21 (d)(2) of the Exchange Act, 15 U.S.C. § 78u(d)(2), _____________ defendants Mozilo, Sambol, and Sieracki from _____________ as officers or directors of any_____________that has a class of securities registered ____________ to Section 12 of the Exchange Act, 15 U.S.C. § 781, or that is required to __________ reports pursuant to Section 15(d) of the Exchange Act, 15 U.S.C. § 780(d).

(acting / pursuant / file / issuer / pursuant / prohibiting)



Order defendants Mozilo and Sambol to _____________ all _____________ gains from their illegal _____________, together with prejudgment interest thereon.


( ill-gotten / conduct / disgorge )

Prime 6: Phobias

Facing Your Phobias: http://www.youtube.com/watch?v=VqIqT-8M6I8

Prime 6: Lightning don't strike the same place twice

Here is the song,  Mariah Carrey:
http://www.youclubvideo.com/video/96136/mariah-carey-feat-ne-yo-angels-cry-official-video-2010

And... can you spot  the "lightning" reference in this song?
http://www.youtube.com/watch?v=wHso4hSCp8U

Iowa Lottery Win Bittersweet / April 28, 2010 6:30 AM:
http://www.cbsnews.com/video/watch/?id=6440049n

Legal English: Ontario v. Quon

Here is the Supreme Court Ruling: http://www.supremecourt.gov/opinions/09pdf/08-1332.pdf

Additional material on this case:
http://onthedocket.org/cases/2009/ontario-v-quon

Radio report: http://www.npr.org/templates/story/story.php?storyId=125998549

Newshour report: http://www.pbs.org/newshour/bb/politics/jan-june10/scotus_06-17.html

Here is a link to The National Law Journal,  and incidentally, they have this very interesting labor sex-discrimination class action against Walmart.  Maybe we should look at this case at some point.  http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202471070193&WalMart_appeals_sex_discrimination_classaction_to_high_court&slreturn=1&hbxlogin=1 

Prime 6: Make a change

Here is Michael Jackson's "Man  in the Mirror"

Video: http://www.youtube.com/watch?v=T0keS8XJchU
Lyrics: http://www.lyrics007.com/Michael%20Jackson%20Lyrics/Man%20In%20The%20Mirror%20Lyrics.html

Here is "Are You Being Served:" http://www.youtube.com/watch?v=X5yghL1_Uq4

Legal English: APELLANT

From http://www.law.com/ dictionary:

appellant
n. the party who appeals a trial court decision he/she/it has lost.

Lenny Kravits / Etta James

Here is the Lenny Kravitz interview on NPR:
http://www.npr.org/templates/story/story.php?storyId=113971966

Here is the link to "Are You Gonna Go My Way" video:
http://www.youtube.com/watch?v=eLhpHjmxNw8


Here is the link to the Etta James tribute video with Beyonce:
http://www.youtube.com/watch?v=Vx_AhWeFcOU

Legal English: Forms of Business Ownership

American types of business organization: http://corporationformers.com/


Here is the "college" video on forms of business ownership:
http://www.youtube.com/watch?v=pPVkG9krOMI


What's a Delaware LLC all about?
http://www.youtube.com/watch?v=i_Je_66jwtY&feature=related

Here is official information on setting up a Massachusetts LLC:
http://www.sec.state.ma.us/cor/corpweb/corllc/llcinf.htm

Legal English: Financial

Financial crisis humor/ Bird and Fortune: http://www.youtube.com/watch?v=mzJmTCYmo9g

Inside Financial Reform VIDEO: http://www.youtube.com/watch?v=90iDNbPUWLM
H.R.4173 - Dodd-Frank Wall Street Reform and Consumer Protection Act:
http://www.sec.gov/about/laws/wallstreetreform-cpa.pdf
http://www.opencongress.org/bill/111-h4173/show

(3)ReedSmith Teleseminar:
http://www.reedsmith.com/events/search_events.cfm?widCall1=customWidgets.content_view_1&cit_id=28639 

The Wells Notice:
http://topics.law.cornell.edu/wex/wells_notice
http://www.seclaw.com/docs/wellsnotice.htm

(2) Legal Blog on the  Dodd-Frank Wall Street Reform and Consumer Protection Act:
http://www.globalregulatoryenforcementlawblog.com/2010/08/articles/public-policy-infrastructure/financial-regulatory-reform-weve-only-just-begun/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+GlobalRegulatoryEnforcementLawBlog+%28Global+Regulatory+Enforcement+Law+Blog%29

(1)Political Background PBS Newshour:
(1)http://www.pbs.org/newshour/bb/politics/jan-june10/dodd_03-15.html
http://www.pbs.org/newshour/video/module_byid.html?s=news01n38b7q87f

(1a)A PBS Newshour Primer on Financial Reform:
http://www.pbs.org/newshour/extra/features/us/july-dec10/reform_07-16.html

Here is a http://www.npr.org/ page on coverage of the Countrywide settlement:

http://www.npr.org/search/index.php?searchinput=countrywide

SEC Fraud Complaint against Countrywide:
http://www.sec.gov/litigation/complaints/2009/comp21068.pdf
Video: http://www.youtube.com/watch?v=iteRiORi-yg 

NYT Topics: Mozilo http://topics.nytimes.com/top/reference/timestopics/people/m/angelo_r_mozilo/index.html

Moody's Says It Received Wells Notice From SEC:
http://www.cnbc.com/id/37042826/Moody_s_Says_It_Received_Wells_Notice_From_SEC


Here are links to http://www.npr.org/ coverage of Obama's financial reform:

http://www.npr.org/templates/story/story.php?storyId=122793558
http://www.npr.org/templates/story/story.php?storyId=128674318

Inventions and Gadgets

Here is a link to Time Magazine's list of the 50 best inventions of 2009:
http://www.time.com/time/specials/packages/completelist/0,29569,1934027,00.html

Here is a link to a Youtube video about some of the inventions on Time's 2009 list:
http://www.youtube.com/watch?v=k7uvcBvWqrE

Here a Youtube video about Time's list of inventions for 2008:
http://www.youtube.com/watch?v=l53gGkvuyoE

More Stories: Haunted House

Here is a Youtube video about a haunted house in Vaughan, Canada, where houses were built near or over an old indian burial ground:
http://www.youtube.com/watch?v=jaLwoMK9rNQ

And here are some news articles on the case:
http://www.powwows.com/gathering/native-issues/28560-bodies-found-vaughan-ont-may-belong-aboriginal-burial-ground.html

Legal English: California Same-Sex Marriage Ruling

San Francisco Chronical/ SFGate

on Standing to defend Prop. 8:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/17/MN541EVBEP.DTL

on stay imposed by the 9th Circuit Court of Appeals on Walker's ruling:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/17/MNEE1EUOIF.DTL&feed=rss.bayarea

Here is a link to Judge Walker's ruling:
https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf

This is the United Sates Code (USC) Title 42 § 1983. Civil action for deprivation of rights: http://www.law.cornell.edu/uscode/42/1983.html

Here is a link to Federal Rules of Civil Procedure (FRCP) Rule 52:
http://www.law.cornell.edu/rules/frcp/Rule52.htm

Here is a link to Federal Rules of Civil Procedure (FRCP) Rule 58:
http://www.law.cornell.edu/rules/frcp/Rule58.htm

Here is Newshour coverage and discussion on the rulling:

http://www.pbs.org/newshour/video/module_byid.html?s=news01s420eqf2f

http://www.pbs.org/newshour/bb/law/july-dec10/gaymarriage2_08-05.html

Legal English - US Court System

Here is a  link to a general description of both federal and state court systems in the US:

http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFederalAndStateCourts.aspx

MAP: http://www.uscourts.gov/uscourts/images/CircuitMap.pdf
Here is a link to descriptions of the court systems in different states:

http://www.ncsconline.org/d_research/csp/2003_Files/2003_SCCS_Charts1.pdf


Department of Justice:  Structure/Agencies
http://www.justice.gov/agencies/index-org.html#OSG

Prime 6 - Stress Management

Stressed Out? 10 Natural Ways to Mellow Out


http://www.aolhealth.com/condition-center/depression/natural-ways-to-mellow-out?icid=maing%7Cmaing6%7Cdl7%7Csec1_lnk1%7C45067

Here are links to some reading on stress management:

http://www.mayoclinic.com/health/stress-management/MY00435


http://helpguide.org/mental/stress_management_relief_coping.htm 


Here are links to stress management videos:

http://www.youtube.com/watch?v=SgeOaygSgIY

This one is VERY FUNNY http://www.youtube.com/watch?v=tffN2d_qU-k

Yoga for stress management: http://www.mayoclinic.com/health/yoga/MM00650

Legal English: Arizona SB 1070/Immigration Law

Arizona Case / Judge Bolton's ruling: http://www.azd.uscourts.gov/azd/courtinfo.nsf/983700DFEE44B56B0725776E005D6CCB/$file/10-1413-87.pdf?openelement

The Justice Department's Complaint: http://www.justice.gov/opa/documents/az-complaint.pdf 


New York Times Arizona Immigration  Law:
http://www.nytimes.com/2010/04/24/us/politics/24immig.html

http://topics.nytimes.com/top/reference/timestopics/subjects/i/immigration-and-emigration/arizona-immigration-law-sb-1070/index.html?scp=2&sq=law%20arizona&st=cse

PBS News Hour / Arizona Case:
http://www.pbs.org/newshour/bb/law/july-dec10/immigration2_07-28.html
http://www.youtube.com/watch?v=GYn14rVJwsc

CBS News:  http://www.youtube.com/watch?v=7rnJbBQCHi4
@katiecouric: Ariz. Immigration Law: http://www.youtube.com/watch?v=3H6WXrvLP2Q

Penn State Law Professor: http://www.youtube.com/watch?v=3xfnON3aj14

American  Lawyer Magazine Dictionary: http://dictionary.law.com/Default.aspx?selected=633

American Lawyer: http://www.law.com/jsp/tal/index.jsp

Jurist News and Research: http://jurist.org/

New York Law Journal: http://www.law.com/jsp/nylj/index.jsp

Prime 6 - Self help -- The Secret

In one of my classes, we are talking about "self-help" books, workshops, etc.  The whole industry of "Gurus" trying to sell the steps to success, the rules for being happy, the all-curing diet... You get the idea.  The underlying question is, with this type of self-help material:  Does it work; is it real?

The book "The Secret" is one of these types of best sellers.  It was a movie first, and then the book was released.  Here are three links:

(1) To some wikipedia information on the book:
http://en.wikipedia.org/wiki/The_Secret_(book)

(2) To the movie trailer:
http://www.thesecret.tv/movie/trailer.html

(3) To a CBS debate between two experts with opposite views of "The Secret:"
http://www.youtube.com/watch?v=zn4EXAETBhA

3B - Stomach bug -- norovirus -- on cruise ship

Here is the link to a TV news video on the norovirus on a cruise ship: http://www.youtube.com/watch?v=VLNw2oIH_fU   Can you try to understand the story?  If you read about the topic first, it will be easier to follow the video. Here is an article about the norovirus in the UK: http://news.bbc.co.uk/2/hi/7169347.stm

Youth Ambassadors Program

Ok, Folks.  This is the link to the American Embassy's Youth Ambassadors Program:  http://www.embaixadaamericana.org.br/ya-index.php?action=materia&id=9215&submenu=ya-materia.php&itemmenu=10

This is a program that takes a few Brazilian students to the USA every year, and this year they are bringing American students here to Brazil.  Brasilia is one of the cities they will be visiting.  Check it out!

4A - World Pass / So... What's the story with learning English?

In one of my classes this week we talked about the different meanings of the word "STORY" in different contexts.  In the following sentences, for example, "STORY" means different things:

• I don't believe her.  She is always making up stories. (lies)
• So what's the story with the car.  Are you going to buy it or not? (the deal/the decision)
• According to the suspect's story, he was not at the crime scene at the time of the crime. (version of events/testimony)

As you can see, context plays a big role is determining the meaning of a word.  In  the same class, we also talked about how important it is to find ways to use your English beyond the classroom to speed up your learning  and to make it more interesting, more real.  Trying to understand song lyrics is an excellent way to do that.  Song lyrics are fun, and trying to understand them is an excellent way to improve your listening comprehension,  your vocabulary, and your pronunciation.

There is a song I like by Maroon 5 called "Nothing Lasts Forever."   In this song, the guy is talking to his girlfriend, and it is all about their relationship.  Can you listen to the song a few times and try to figure out what the story is with their relationship?

Here is a link to a Youtube video of the song: http://www.youtube.com/watch?v=WKLchJPx70g
My suggestion is that you NOT READ the lyrics right away.  Listen to the song a few times first and try to understand it without reading.  Once you have done that,  then, read the lyrics.  Here is a link to the song lyrics: http://www.metrolyrics.com/nothing-lasts-forever-lyrics-maroon-5.html

So,  what's the story with their relationship?  It seem to me that the feeling here is that the guy is actually asking the girl,  "So what's the story with our relationship?"  Do you agree?  Why or why not?