Order Description
You are to complete case analyses for the two cases mentioned below. Each analysis is to be a maximum of two pages. As with all UMUC assignments, the paper is to be well written and follow APA guidelines.
1. United States v. McClatchey (federal case)
2. Cobbs v. Grant (California state case)
The case analyses are to follow the following format:
Subject: Name of the case, the court of jurisdiction, the justice writing the opinion, and the court the case was appealed from
Facts: What is the major set of facts of the case?
Statement of the Issue(s): The court opinion has been written to address a certain issue(s) raise by one of the parties to the litigation. What is the issue(s) addressed by this opinion?
Rule of Law: The resolution of the case involves a rule(s) of law. What is it?
Application: In order for the court to decide the case, it must apply the facts of the case to rule(s) involved. Discuss the application of the facts in this case to the rules(s). What arguments are presented by opposing parties to the case? On what legal principle(s) does the case turn?
Conclusion: How the case is decided (the holding of the case).
Other Opinions: In some cases, one or more of the judges not writing the majority opinion will write what is called a concurring opinion. It is an opinion in which the judge agrees with the majority opinion but raises a different reason for his/her decision. There also may be a dissenting opinion. It is written by a judge(s) who does not agree with the majority opinion. Are there concurring and/or dissenting opinions in this case? Who wrote them and what was the basis for them concurring or dissenting?
Final Thoughts: Do you agree or disagree with the decision? Why or why not? What implications do you think this ruling has for healthcare administration?
Assignment:

Imagine you arrived at Ellis Island, New York, at the turn of the century, an immigrant with a dream. You have just endured a long, agonizing boat ride, and now only a few tests and forms stand between you and the land of opportunity.

You are told that you must pass a test before being allowed into the country. It is an intelligence test. You are fairly bright, but you don’t understand most of the questions, and the terms are completely foreign.

In this Assignment, we will be examining an example of bias—intelligence testing that favors some cultures over others. There may be many things you consider “common knowledge” that would completely baffle someone from another culture, much as you would likely feel if you were tested on the common knowledge of another culture. Unfortunately, many immigrants were refused admittance to the United States because extremely biased intelligence tests indicated that they were feeble-minded.

What is intelligence? The answer is different depending upon whom you ask. A number of factors affect intelligence, including biology, family, socioeconomic background, and culture. Additionally, different cultures are likely to suggest different definitions for intelligence. Some cultures integrate movement and emotions into the concept of intelligence. Other cultures value analytical thinking. Still others highlight nonverbal communication.

Can any one test be used to measure the intelligence of people from all cultures? Western educational systems frequently use what we consider a “normal” intelligence test, such as the Stanford-Binet IQ test, to assess intelligence. Using one test offers a universal basis for comparison in a global world. However, different performance results on the same test may reflect cultural differences rather than an actual difference in intelligence. Another option is using multiple tests. This choice reflects a relativist perspective that encourages people to measure intelligence concepts separately, based on cultural norms.

In this Assignment, you examine your own definition of “intelligence” and “common knowledge” and analyze the influence of cultural frames of reference for understanding intelligence.

To prepare for this Assignment:

Consider your own understanding of “intelligence” and “common knowledge.”
Read the chapter, “Intelligence,” in the course text, Cross-Cultural Psychology: Critical Thinking and Contemporary Applications (5th ed.).
Review the Learning Resources and take the short tests, “The Original Australian Test of Intelligence” and “The Chitling Test.”
Be prepared with pen and paper and write your responses by hand. Then go to the scoring sheet and score your results.
Review the media piece on immigration history.

To complete this Assignment, submit by Day 7 a 2- to 3-page paper that addresses the following components. Be sure to include references to Learning Resources, including media:

Based on what you learned this week, create your personal definition of intelligence, and explain how your cultural frame of reference influences your definition.
Compare (similarities and differences) your cultural frame of reference for intelligence with another culture’s frame of reference.
Analyze the two online intelligence tests in terms of their appropriateness for use with people in all cultures. Using specific examples, explain why they are or are not appropriate for use across cultures.
Select two cultural factors (e.g., environmental, socioeconomic, biological, and family) that you believe have the greatest influence on intelligence. Explain the factors and why you believe they have such influence.

Support your Assignment with specific references to all resources used in its preparation.