Homeland Security Law – Midterm Questions Academic Essay

Midterm Questions

Question 1
Hamas, a non-state actor, secretly hacks into Apple’s financial files gaining access to thousands of people’s financial records including credit card and bank account information. The motive behind hacking into the financial files was to fund an attack on Israeli troops in the West Bank in an effort to acquire more land for Palestine. After acquiring the financial resources, Hamas launches several mortar attacks in the West Bank killing five Israeli soldiers and twenty civilians. Utilize the IRAC legal analysis model and analyze only whether each action taken by Hamas meets the class factor test of terrorism. What is the issue?

Question 2
Hamas, a non-state actor, secretly hacks into Apple’s financial files gaining access to thousands of people’s financial records including credit card and bank account information. The motive behind hacking into the financial files was to fund an attack on Israeli troops in the West Bank in an effort to acquire more land for Palestine. After acquiring the financial resources, Hamas launches several mortar attacks in the West Bank killing five Israeli soldiers and twenty civilians. Utilize the IRAC legal analysis model and state the rule on whether any each action taken by Hamas meets the class factor test of terrorism.

Question 3
Hamas, a non-state actor, secretly hacks into Apple’s financial files gaining access to thousands of people’s financial records including credit card and bank account information. The motive behind hacking into the financial files was to fund an attack on Israeli troops in the West Bank in an effort to acquire more land for Palestine. After acquiring the financial resources, Hamas launches several mortar attacks in the West Bank killing five Israeli soldiers and twenty civilians. Utilize the IRAC legal analysis model and analyze only whether each action taken by Hamas meets the class factor test of terrorism?

Question 4

Hamas, a non-state actor, secretly hacks into Apple’s financial files gaining access to thousands of people’s financial records including credit card and bank account information. The motive behind hacking into the financial files was to fund an attack on Israeli troops in the West Bank in an effort to acquire more land for Palestine. After acquiring the financial resources, Hamas launches several mortar attacks in the West Bank killing five Israeli soldiers and twenty civilians. Utilize the IRAC legal analysis model and state the conclusion on whether any each action taken by Hamas meets the class factor test of terrorism.

Question 5

The government wants to use drone aircrafts in the United States for surveillance. In a Senate Judiciary Committee the government states that the drones are used in a “very, very minimal way and very seldom.” The drones are supposed to track the geographical location of individuals suspected of terrorism as well as send real time video footage of the individual’s actions. The video footage also includes geothermal imaging that can track an individual inside his or her own home as well as other video processing methods that can be used by a computer to show the real time actions of what a person is doing inside his own home. Poomba is an alien from Somalia who resides with his friend Timon, a U.S. person, in rural Kansas. Poomba has not committed any crimes nor is he a suspect in any crimes. However, the government believes that Poomba is involved with the HakunaMatata terrorist organization. Poomba often sings their theme song and has been seen with Simba the group’s leader. Please discuss whether anyone’s right to privacy is being violated. What is the issue?

Question 6

The government wants to use drone aircrafts in the United States for surveillance. In a Senate Judiciary Committee the government states that the drones are used in a “very, very minimal way and very seldom.” The drones are supposed to track the geographical location of individuals suspected of terrorism as well as send real time video footage of the individual’s actions. The video footage also includes geothermal imaging that can track an individual inside his or her own home as well as other video processing methods that can be used by a computer to show the real time actions of what a person is doing inside his own home. Poomba is an alien from Somalia who resides with his friend Timon, a U.S. person, in rural Kansas. Poomba has not committed any crimes nor is he a suspect in any crimes. However, the government believes that Poomba is involved with the HakunaMatata terrorist organization. Poomba often sings their theme song and has been seen with Simba the group’s leader. Please discuss the RULE on whether anyone’s right to privacy is being violated.

Question 7

The government wants to use drone aircrafts in the United States for surveillance. In a Senate Judiciary Committee the government states that the drones are used in a “very, very minimal way and very seldom.” The drones are supposed to track the geographical location of individuals suspected of terrorism as well as send real time video footage of the individual’s actions. The video footage also includes geothermal imaging that can track an individual inside his or her own home as well as other video processing methods that can be used by a computer to show the real time actions of what a person is doing inside his own home. Poomba is an alien from Somalia who resides with his friend Timon, a U.S. person, in rural Kansas. Poomba has not committed any crimes nor is he a suspect in any crimes. However, the government believes that Poomba is involved with the HakunaMatata terrorist organization. Poomba often sings their theme song and has been seen with Simba the group’s leader. Please analyze whether anyone’s right to privacy is being violated.

Question 8

The government wants to use drone aircrafts in the United States for surveillance. In a Senate Judiciary Committee the government states that the drones are used in a “very, very minimal way and very seldom.” The drones are supposed to track the geographical location of individuals suspected of terrorism as well as send real time video footage of the individual’s actions. The video footage also includes geothermal imaging that can track an individual inside his or her own home as well as other video processing methods that can be used by a computer to show the real time actions of what a person is doing inside his own home. Poomba is an alien from Somalia who resides with his friend Timon, a U.S. person, in rural Kansas. Poomba has not committed any crimes nor is he a suspect in any crimes. However, the government believes that Poomba is involved with the HakunaMatata terrorist organization. Poomba often sings their theme song and has been seen with Simba the group’s leader. Please state a conclusion on whether anyone’s right to privacy is being violated.

Question 9

The government wants to use drone aircrafts in the United States for surveillance in certain difficult cases. In a Senate Judiciary Committee the government states that the drones are used in a “very, very minimal way and very seldom.” The drones are supposed to track the geographical location of individuals suspected of terrorism as well as send real time video footage of the individual’s actions. The video footage also includes geothermal imaging that can track an individual inside his or her own home as well as other video processing methods that can be used by a computer to show the real time actions of what a person is doing inside his own home (for purposes of this essay consider the video and drone surveillance as a method of “electronic surveillance”). Poomba is an alien from Somalia who resides with his friend Timon, a U.S. person, in rural Kansas. Poomba has not committed any crimes nor is he a suspect in any crimes. However, the government believes that Poomba is involved with the HakunaMatata terrorist organization. Poomba often sings their theme song and has been seen with Simba the group’s leader. What, if anything, does the government need to do in order to conduct drone surveillance on Poomba under FISA? What is the issue?

Question 10

The government wants to use drone aircrafts in the United States for surveillance in certain difficult cases. In a Senate Judiciary Committee the government states that the drones are used in a “very, very minimal way and very seldom.” The drones are supposed to track the geographical location of individuals suspected of terrorism as well as send real time video footage of the individual’s actions. The video footage also includes geothermal imaging that can track an individual inside his or her own home as well as other video processing methods that can be used by a computer to show the real time actions of what a person is doing inside his own home (for purposes of this essay consider the video and drone surveillance as a method of “electronic surveillance”). Poomba is an alien from Somalia who resides with his friend Timon, a U.S. person, in rural Kansas. Poomba has not committed any crimes nor is he a suspect in any crimes. However, the government believes that Poomba is involved with the HakunaMatata terrorist organization. Poomba often sings their theme song and has been seen with Simba the group’s leader. What rule does the government need to follow in order to conduct drone surveillance on Poomba under FISA?

Question 11

The government wants to use drone aircrafts in the United States for surveillance in certain difficult cases. In a Senate Judiciary Committee the government states that the drones are used in a “very, very minimal way and very seldom.” The drones are supposed to track the geographical location of individuals suspected of terrorism as well as send real time video footage of the individual’s actions. The video footage also includes geothermal imaging that can track an individual inside his or her own home as well as other video processing methods that can be used by a computer to show the real time actions of what a person is doing inside his own home (for purposes of this essay consider the video and drone surveillance as a method of “electronic surveillance”). Poomba is an alien from Somalia who resides with his friend Timon, a U.S. person, in rural Kansas. Poomba has not committed any crimes nor is he a suspect in any crimes. However, the government believes that Poomba is involved with the HakunaMatata terrorist organization. Poomba often sings their theme song and has been seen with Simba the group’s leader. Please analyze, using IRAC, what the government needs to do in order to conduct drone surveillance on Poomba under FISA?

Question 12
The government wants to use drone aircrafts in the United States for surveillance in certain difficult cases. In a Senate Judiciary Committee the government states that the drones are used in a “very, very minimal way and very seldom.” The drones are supposed to track the geographical location of individuals suspected of terrorism as well as send real time video footage of the individual’s actions. The video footage also includes geothermal imaging that can track an individual inside his or her own home as well as other video processing methods that can be used by a computer to show the real time actions of what a person is doing inside his own home (for purposes of this essay consider the video and drone surveillance as a method of “electronic surveillance”). Poomba is an alien from Somalia who resides with his friend Timon, a U.S. person, in rural Kansas. Poomba has not committed any crimes nor is he a suspect in any crimes. However, the government believes that Poomba is involved with the HakunaMatata terrorist organization. Poomba often sings their theme song and has been seen with Simba the group’s leader. What is the conclusion on whether the government properly conducted drone surveillance on Poomba under FISA?

Question 13

Leonardo, Donatello, Raphael and Michelangelo form a group known as the Ooze. All of the members live and are citizens of Afghanistan without any connection to the Afghan government. The Ooze wants the U.S.’s foot troops out of their country because they are shredding it to pieces. The Ooze, lead by Leonardo, devises a plan to remove all foot troops from Afghanistan through the use of explosives and violence. Leonardo is the mastermind behind the entire plan. Leonardo instructs Donatello, the brains of the group, to learn how to assemble a high powered pressure cooker bomb, but does not tell him the details of what the bomb is going to be used for. Leonardo then instructs Raphael, the hot head of the group, to acquire a list of nuclear materials necessary to acquire a pressure cooker bomb “by any means necessary.” Leonardo, however, does not tell him specifically that the materials are for a pressure cooker bomb, but a reasonable person would know that the list of materials was not for normal safe purposes. Leonardo then instructs Michelangelo, the comedian of the group who gets along with everyone except Raphael at times, to “keep an eye on everyone” because the Ooze needs to stick together to accomplish its goals of removing the foot troops.

Donatello acquires the necessary manuals from Google on how to construct a pressure cooker bomb. Raphael is successful in obtaining the nuclear materials for the bomb. Michelangelo keeps a close eye on everyone and successfully keeps a shady character that likes wearing hockey masks named Casey from infiltrating the group and fighting Raphael. On a Friday night while eating pizza, Donatello, all by himself assembles the explosive nuclear pressure cooker bomb.

After a few weeks of laying low, Leonardo transports the nuclear pressure cooker bomb in the Ooze mobile and places it on the outskirts of a remote Afghan village that is often frequented by U.S. foot soldiers. Leonardo then activates the nuclear pressure cooker bomb and waits. The brain, however, who is the U.S. foot soldiers foremost expert on improvised explosive devices sees the nuclear explosive device and successfully disarms it before anyone is injured. Tokka and Rhazar then see Leonardo who was waiting for the bomb and detain him. (Yes Leo was waiting close to a nuclear bomb while also being the mastermind. I know it does not make sense but just go with it). After Tokka and Rhazar apprehended Leonardo, Bebop and Rocksteady interrogated Leonardo with the incessant playing of Vanilla Ice where he confessed to the facts above and disclosed the other Ooze member’s involvement. The other Ooze members, however, were never apprehended.

Splinter is a criminal defense attorney who is appointed to defend Leonardo, the Ooze’s mastermind, from charges stemming from the facts above. Due to the representation, Splinter was aware of all the facts pertaining to Leonardo’s involvement in the Ooze and its attempt to detonate a nuclear pressure cooker bomb against U.S. foot soldiers. As defense counsel, Splinter has several meetings with Leonardo where he “smuggled messages” from Leonardo to the other members of the Ooze. Most of the messages were simply updates on Leonardo’s condition after being deprived pizza. However, Leonardo did rely upon Splinter to send a message to the Ooze demanding that the Ooze withdraw its support for the group’s cease-fire with the Afghanistan government until all U.S. foot soldiers are removed. The message also stated that the Ooze was to take up arms against the U.S. foot soldiers until they are forcibly removed.

Please analyze whether the United States has jurisdiction over the Ooze. More specifically, please state whether United States law applies and if so whether the Ooze members can be brought to the United States for prosecution. What is the ISSUE?

Question 14

Leonardo, Donatello, Raphael and Michelangelo form a group known as the Ooze. All of the members live and are citizens of Afghanistan without any connection to the Afghan government. The Ooze wants the U.S.’s foot troops out of their country because they are shredding it to pieces. The Ooze, lead by Leonardo, devises a plan to remove all foot troops from Afghanistan through the use of explosives and violence. Leonardo is the mastermind behind the entire plan. Leonardo instructs Donatello, the brains of the group, to learn how to assemble a high powered pressure cooker bomb, but does not tell him the details of what the bomb is going to be used for. Leonardo then instructs Raphael, the hot head of the group, to acquire a list of nuclear materials necessary to acquire a pressure cooker bomb “by any means necessary.” Leonardo, however, does not tell him specifically that the materials are for a pressure cooker bomb, but a reasonable person would know that the list of materials was not for normal safe purposes. Leonardo then instructs Michelangelo, the comedian of the group who gets along with everyone except Raphael at times, to “keep an eye on everyone” because the Ooze needs to stick together to accomplish its goals of removing the foot troops.

Donatello acquires the necessary manuals from Google on how to construct a pressure cooker bomb. Raphael is successful in obtaining the nuclear materials for the bomb. Michelangelo keeps a close eye on everyone and successfully keeps a shady character that likes wearing hockey masks named Casey from infiltrating the group and fighting Raphael. On a Friday night while eating pizza, Donatello, all by himself assembles the explosive nuclear pressure cooker bomb.

After a few weeks of laying low, Leonardo transports the nuclear pressure cooker bomb in the Ooze mobile and places it on the outskirts of a remote Afghan village that is often frequented by U.S. foot soldiers. Leonardo then activates the nuclear pressure cooker bomb and waits. The brain, however, who is the U.S. foot soldiers foremost expert on improvised explosive devices sees the nuclear explosive device and successfully disarms it before anyone is injured. Tokka and Rhazar then see Leonardo who was waiting for the bomb and detain him. (Yes Leo was waiting close to a nuclear bomb while also being the mastermind. I know it does not make sense but just go with it). After Tokka and Rhazar apprehended Leonardo, Bebop and Rocksteady interrogated Leonardo with the incessant playing of Vanilla Ice where he confessed to the facts above and disclosed the other Ooze member’s involvement. The other Ooze members, however, were never apprehended.

Splinter is a criminal defense attorney who is appointed to defend Leonardo, the Ooze’s mastermind, from charges stemming from the facts above. Due to the representation, Splinter was aware of all the facts pertaining to Leonardo’s involvement in the Ooze and its attempt to detonate a nuclear pressure cooker bomb against U.S. foot soldiers. As defense counsel, Splinter has several meetings with Leonardo where he “smuggled messages” from Leonardo to the other members of the Ooze. Most of the messages were simply updates on Leonardo’s condition after being deprived pizza. However, Leonardo did rely upon Splinter to send a message to the Ooze demanding that the Ooze withdraw its support for the group’s cease-fire with the Afghanistan government until all U.S. foot soldiers are removed. The message also stated that the Ooze was to take up arms against the U.S. foot soldiers until they are forcibly removed.

Please analyze whether the United States has jurisdiction over the Ooze. More specifically, please state the RULE on whether United States law applies and if so how the Ooze members can be brought to the United States for prosecution.

Question 15

Leonardo, Donatello, Raphael and Michelangelo form a group known as the Ooze. All of the members live and are citizens of Afghanistan without any connection to the Afghan government. The Ooze wants the U.S.’s foot troops out of their country because they are shredding it to pieces. The Ooze, lead by Leonardo, devises a plan to remove all foot troops from Afghanistan through the use of explosives and violence. Leonardo is the mastermind behind the entire plan. Leonardo instructs Donatello, the brains of the group, to learn how to assemble a high powered pressure cooker bomb, but does not tell him the details of what the bomb is going to be used for. Leonardo then instructs Raphael, the hot head of the group, to acquire a list of nuclear materials necessary to acquire a pressure cooker bomb “by any means necessary.” Leonardo, however, does not tell him specifically that the materials are for a pressure cooker bomb, but a reasonable person would know that the list of materials was not for normal safe purposes. Leonardo then instructs Michelangelo, the comedian of the group who gets along with everyone except Raphael at times, to “keep an eye on everyone” because the Ooze needs to stick together to accomplish its goals of removing the foot troops.

Donatello acquires the necessary manuals from Google on how to construct a pressure cooker bomb. Raphael is successful in obtaining the nuclear materials for the bomb. Michelangelo keeps a close eye on everyone and successfully keeps a shady character that likes wearing hockey masks named Casey from infiltrating the group and fighting Raphael. On a Friday night while eating pizza, Donatello, all by himself assembles the explosive nuclear pressure cooker bomb.

After a few weeks of laying low, Leonardo transports the nuclear pressure cooker bomb in the Ooze mobile and places it on the outskirts of a remote Afghan village that is often frequented by U.S. foot soldiers. Leonardo then activates the nuclear pressure cooker bomb and waits. The brain, however, who is the U.S. foot soldiers foremost expert on improvised explosive devices sees the nuclear explosive device and successfully disarms it before anyone is injured. Tokka and Rhazar then see Leonardo who was waiting for the bomb and detain him. (Yes Leo was waiting close to a nuclear bomb while also being the mastermind. I know it does not make sense but just go with it). After Tokka and Rhazar apprehended Leonardo, Bebop and Rocksteady interrogated Leonardo with the incessant playing of Vanilla Ice where he confessed to the facts above and disclosed the other Ooze member’s involvement. The other Ooze members, however, were never apprehended.

Splinter is a criminal defense attorney who is appointed to defend Leonardo, the Ooze’s mastermind, from charges stemming from the facts above. Due to the representation, Splinter was aware of all the facts pertaining to Leonardo’s involvement in the Ooze and its attempt to detonate a nuclear pressure cooker bomb against U.S. foot soldiers. As defense counsel, Splinter has several meetings with Leonardo where he “smuggled messages” from Leonardo to the other members of the Ooze. Most of the messages were simply updates on Leonardo’s condition after being deprived pizza. However, Leonardo did rely upon Splinter to send a message to the Ooze demanding that the Ooze withdraw its support for the group’s cease-fire with the Afghanistan government until all U.S. foot soldiers are removed. The message also stated that the Ooze was to take up arms against the U.S. foot soldiers until they are forcibly removed.

Please analyze whether the United States has jurisdiction over the Ooze. More specifically, please analyze whether United States law applies and if so how the Ooze members can be brought to the United States for prosecution. USE IRAC

Question 16

Leonardo, Donatello, Raphael and Michelangelo form a group known as the Ooze. All of the members live and are citizens of Afghanistan without any connection to the Afghan government. The Ooze wants the U.S.’s foot troops out of their country because they are shredding it to pieces. The Ooze, lead by Leonardo, devises a plan to remove all foot troops from Afghanistan through the use of explosives and violence. Leonardo is the mastermind behind the entire plan. Leonardo instructs Donatello, the brains of the group, to learn how to assemble a high powered pressure cooker bomb, but does not tell him the details of what the bomb is going to be used for. Leonardo then instructs Raphael, the hot head of the group, to acquire a list of nuclear materials necessary to acquire a pressure cooker bomb “by any means necessary.” Leonardo, however, does not tell him specifically that the materials are for a pressure cooker bomb, but a reasonable person would know that the list of materials was not for normal safe purposes. Leonardo then instructs Michelangelo, the comedian of the group who gets along with everyone except Raphael at times, to “keep an eye on everyone” because the Ooze needs to stick together to accomplish its goals of removing the foot troops.

Donatello acquires the necessary manuals from Google on how to construct a pressure cooker bomb. Raphael is successful in obtaining the nuclear materials for the bomb. Michelangelo keeps a close eye on everyone and successfully keeps a shady character that likes wearing hockey masks named Casey from infiltrating the group and fighting Raphael. On a Friday night while eating pizza, Donatello, all by himself assembles the explosive nuclear pressure cooker bomb.

After a few weeks of laying low, Leonardo transports the nuclear pressure cooker bomb in the Ooze mobile and places it on the outskirts of a remote Afghan village that is often frequented by U.S. foot soldiers. Leonardo then activates the nuclear pressure cooker bomb and waits. The brain, however, who is the U.S. foot soldiers foremost expert on improvised explosive devices sees the nuclear explosive device and successfully disarms it before anyone is injured. Tokka and Rhazar then see Leonardo who was waiting for the bomb and detain him. (Yes Leo was waiting close to a nuclear bomb while also being the mastermind. I know it does not make sense but just go with it). After Tokka and Rhazar apprehended Leonardo, Bebop and Rocksteady interrogated Leonardo with the incessant playing of Vanilla Ice where he confessed to the facts above and disclosed the other Ooze member’s involvement. The other Ooze members, however, were never apprehended.

Splinter is a criminal defense attorney who is appointed to defend Leonardo, the Ooze’s mastermind, from charges stemming from the facts above. Due to the representation, Splinter was aware of all the facts pertaining to Leonardo’s involvement in the Ooze and its attempt to detonate a nuclear pressure cooker bomb against U.S. foot soldiers. As defense counsel, Splinter has several meetings with Leonardo where he “smuggled messages” from Leonardo to the other members of the Ooze. Most of the messages were simply updates on Leonardo’s condition after being deprived pizza. However, Leonardo did rely upon Splinter to send a message to the Ooze demanding that the Ooze withdraw its support for the group’s cease-fire with the Afghanistan government until all U.S. foot soldiers are removed. The message also stated that the Ooze was to take up arms against the U.S. foot soldiers until they are forcibly removed.

Please state a conclusion whether the United States has jurisdiction over the Ooze and whether the Ooze members can be brought to the United States for prosecution.

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