...DUTIES TO CLIENT Fiduciary Duty Attorney Must place the client’s interests above their own for representation and must treat the client fairly. Duty of Loyalty Attorney must pursue clients objectives unfettered by conflicting responsibilities or interests Duty of Diligence Attorney must pursue clients interests without undue delay Duty of Competence Attorney must give client competent representation legal knowledge, skill thoroughness and preparation Duty of Confidentiality from the 6th Amendment Right to Effective Counsel Duty of Confidentiality versus Attorney-Client Privilege The Attorney Client privilege is a shield in evidence which protects all documents created for the client during discovery....if a third party is present the privilege is lost. Work-Product Doctrine this extends to memorializations of conversations with 3rd parties, but not the actual conversations themselves. Anything produced/recorded in the process of and bearing on the legal representation of a client is protected (e.g. interviews, artifacts, documents, mental impressions...meaning ideas/thoughts, etc) POLICY: We want attorneys to record their impressions so they can have more sophisticated representation, therefore we protect it. BUT, if your opponent can show a substantial need for the material AND they show that they cannot get it in any other way....then you have to hand it over. The attorney-client privilege is thus stronger than work product (because WP can be...
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...FIDUCIARY DUTIES AND OTHER RESPONSIBILITIES OF CORPORATE DIRECTORS AND OFFICERS Morrison & Foerster LLP Christopher M. Forrester Celeste S. Ferber RR DONNELLEY EZ START XBRL We Tag. You Validate. We File. With the release of the proposed rule, the SEC will require the use of XBRL for financial reporting starting as early as 2009 for some companies. RR Donnelley is uniquely qualified to give you guidance on how your company can prepare for the SEC mandate. As the market leader in XBRL filings, we have been helping leading companies successfully tag and file XBRL financials since the inception of the SEC Voluntary Filing Program. RR Donnelley’s proven EZ Start XBRL full-service solution is designed to save you crucial time. With EZ Start, we do the initial tagging for you, reducing the time spent mapping and validating XBRL tags to under ten hours. Our goal is to transfer knowledge to your financial team to ensure a firm understanding of the taxonomies, mapping process and SEC requirements. To learn more, visit www.tryxbrl.com. FIDUCIARY DUTIES AND OTHER RESPONSIBILITIES OF CORPORATE DIRECTORS AND OFFICERS MORRISON & FOERSTER LLP Christopher M. Forrester Celeste S. Ferber RR Donnelley Global Capital Markets Copyright© 2008 Morrison & Foerster LLP (No claim to original U.S. Government works) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic...
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...Part Introduction to the Law 1. 2. 3. 4. 5. 6. 7. 8. Law, Legal Reasoning, and the Legal Profession Dispute Settlement Business Ethics and Corporate Social Responsibility Business and the Constitution Crimes Intentional Torts Negligence and Strict Liability Licensing and Intellectual Property 1 Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was expelled...
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...BUS 415 Final Guide – 2 Sets To Buy This material Click below link http://www.uoptutors.com/BUS-415/BUS-415-Final-Guide Set 1 1) The doctrine of stare decisis concerns A. staring at the facts of a case for a long time to make sure the correct decision is made. B. making sure to do adequate research before making a legal decision C. following precedents so that legal principles announced in a case are used to determine later cases D. using constitutional law to render a decision 2) The form of alternative dispute resolution wherein the parties hire someone to review the evidence and make a decision that is binding upon the parties is called A. arbitration B. settlement conference C. negotiation D. conciliation 3) A corporation is considered a citizen of what state? A. The state where the president of the corporation lives B. It is not a citizen because it is a business C. The state where the majority of the employees live D. The state where it filed its Articles of Incorporation 4) Which of the following statements is true regarding the relationship of law and ethics? A. Depending on the circumstances, the law can require a higher, lower, or the same standard of conduct as ethics demands. B. The legal requirements will almost always be the same as the ethical requirement because the law is based on ethical standards. C. In some cases, ethics will require a higher standard of conduct than the law, but never vice versa. D. In some cases, the law will require...
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...Civil Procedure Preliminary Assignment Sheet (Subject to Revision) Dated: 7/26/2010 Professor Yablon Fall 2010 Sections BC I INTRODUCTION TO THE LITIGATION PROCESS Mon. Aug. 30: Introduction to federal and state judicial systems CB 1-12, FRCP 1, 28 U.S.C. § 41, 44,132,133, 1331, 1332. What is the basic structure of the federal judiciary? How do federal courts differ from state courts? What are pleadings and what purpose do they serve? Tues. Aug. 31: Overview of the litigation process CB 13-21 FRCP 3, 4 What are the differences between subject matter jurisdiction, personal jurisdiction and venue? How is a lawsuit commenced in federal court? Wed. Sept. 1: Motions and Discovery Practice CB 20-34 FRCP 7(b), 26(b)(1) What is a motion? How does one go about making a motion in federal court? What is discovery and when does it take place? What is the difference between depositions and interrogatories? Thurs. Sept. 2: Motions and Discovery Practice (cont’d) CB 34-46 FRCP 8, 11, 12, 38, 28 U.S.C. §§ 1291, 1292 What is a demurrer? Is it permitted in federal court today? What has replaced it? What is the significance of Rule 11 for pleadings? When are litigants in a federal lawsuit entitled to a trial by jury? What happens if plaintiff wants a jury trial and defendant does not? What if the reverse is true? When can an appeal be taken from a federal court decision? What kinds of issues can...
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...CHAPTER 1 “LEGAL FOUNDATIONS” Administrative law is the body of law that governs the activities of administrative agencies of government. Clean hands doctrine a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases. Constitutional law – a body of law dealing with the distribution and exercise of government power. Criminal Law versus Civil Law – Civil * between you and another citizen (no government involved); * disagreements between citizens were no crime has been committed (only e.g. injury); * designed to compensate parties (including businesses) for losses as a result of another conduct ; * e.g. speeding and parking violations; * don’t result in loss of freedom, though they can result in loss of privileges or fines. Criminal * between you and the government/law; * are a protection of society; * Congress and House of Representatives are involved; * When the individuals break the laws/are against the government; * actions that have been declared illegal; * they are prosecuted by the state (city, state or country); * normally punished with...
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...Business Torts Outline Fall 2009 (Mittleman) |Overview | |Plan of Attack for Answering Questions | |Contractual relationships, where one party alleges a tort. | |Economic Loss Doctrine | | | |Fraud: | |Intentional Fraud (false statement, concealment, omission) ...
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...Answers to Review Questions Chapter 1: Introduction to a New Career in Law 1.1. Eighty million lawsuits are filed every year. 1.2. The five major players in the development of paralegalism are: National Federation of Paralegal Associations National Association of Legal Assistants American Bar Association Your state bar association Your local paralegal association 1.3. CLE is continuing legal education or training in the law, usually short term, received after one’s formal training. 1.4. Meaning of abbreviations: (a) NFPA—National Federation of Paralegal Associations (b) NALA—National Association of Legal Assistants (c) SCOP—American Bar Association Standing Committee on Paralegals (d) NALS—The Association for Legal Professionals (Note: NALS no longer says that its name stands for National Association of Legal Secretaries) (e) AAPI—American Alliance of Paralegals (f) IPMA—International Paralegal Management Association (g) ALA—Association of Legal Administrators 1.5. Web Sites: (a) NFPA: www.paralegals.org (b) NALA: www.nala.org (c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: (a) NFPA—The PACE exam. It is an advanced exam; paralegal experience is required to take it. (b) NALA—The CLA exam. It is an entry-level exam. No paralegal experience is required to take it. (Note: NALA also has an advanced examination that does require paralegal experience to take it.) 1.7. Fourteen categories of paralegal associations: ...
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...RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing...
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...free encyclopedia Spyware is software that aims to gather information about a person or organization without their knowledge and that may send such information to another entity without the consumer's consent, or that asserts control over a computer without the consumer's knowledge.[1] "Spyware" is mostly classified into four types: system monitors, trojans, adware, and tracking cookies.[2] Spyware is mostly used for the purposes of tracking and storing Internet users' movements on the Web and serving up pop-up ads to Internet users. Whenever spyware is used for malicious purposes, its presence is typically hidden from the user and can be difficult to detect. Some spyware, such askeyloggers, may be installed by the owner of a shared, corporate, or public computer intentionally in order to monitor users. While the term spyware suggests software that monitors a user's computing, the functions of spyware can extend beyond simple monitoring. Spyware can collect almost any type of data, including personal information like Internet surfing habits, user logins, and bank or credit account information. Spyware can also interfere with user control of a computer by installing additional software or redirecting Web browsers. Some spyware can change computer settings, which can result in slow Internet connection speeds, un-authorized changes in browser settings, or changes to software settings. Sometimes, spyware is included along with genuine software, and may come from a malicious website...
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...Advocacy Groups - an association of individuals or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is...
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...CPA-01299 Lw R02 #5 Page 12 Lee repairs high-speed looms for Sew Corp., a clothing manufacturer. Which of the following circumstances best indicates that Lee is an employee of Sew and not an independent contractor? a. b. c. d. Lee's work is not supervised by Sew personnel. Lee's tools are owned by Lee. Lee is paid weekly by Sew. Lee's work requires a high degree of technical skill. CPA-01299 Explanation Choice "c" is correct. A clear example of an employee is one who works full time for the employer, uses the employer's tools, is compensated on a time basis, and is subject to supervision of the employer in the details of the work. A clear example of an independent contractor is one who has a calling of his own, who uses his own tools, is hired for a particular job, is paid a given amount for the job, and follows his own discretion. Thus, payment on a weekly basis is an indication that a person is an employee rather than an independent contractor. Choice "a" is incorrect. If Lee's work is not supervised by Sew's personnel, per the above, that would be an indication of independent contractor status. Choice "b" is incorrect. Per the above, Lee's ownership of his own tools would indicate that he is an independent contractor. Choice "d" is incorrect. Work that requires a high degree of skill might be considered a calling or might be difficult to supervise. In any case, it would be indicative of independent contractor status. CPA-01303 Type1 M/C A-D Page 4 Corr Ans: C ...
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...VIRGINIA PROCEDURE OUTLINE CHAPTER I: EXTRA-JUDICIAL PROCEDURES Note: These Procedures take place without the participation of a judge or the court 1) Self Help a) Predates existence of the organized state b) Now greatly discouraged because police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters...
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...[G.R. No. 132266. December 21, 1999] CASTILEX INDUSTRIAL CORPORATION, petitioner, vs. VICENTE VASQUEZ, JR. and LUISA SO VASQUEZ, and CEBU DOCTORS HOSPITAL, INC., respondents. The pivotal issue in this petition is whether an employer may be held vicariously liable for the death resulting from the negligent operation by a managerial employee of a company-issued vehicle. The antecedents, as succinctly summarized by the Court of Appeals, are as follows: On 28 August 1988, at around 1:30 to 2:00 in the morning, Romeo So Vasquez, was driving a Honda motorcycle around Fuente Osmea Rotunda. He was traveling counter-clockwise, (the normal flow of traffic in a rotunda) but without any protective helmet or goggles. He was also only carrying a Students Permit to Drive at the time. Upon the other hand, Benjamin Abad [was a] manager of Appellant Castilex Industrial Corporation, registered owner [of] a Toyota Hi-Lux Pick-up with plate no. GBW-794. On the same date and time, Abad drove the said company car out of a parking lot but instead of going around the Osmea rotunda he made a short cut against [the] flow of the traffic in proceeding to his route to General Maxilom St. or to Belvic St. In the process, the motorcycle of Vasquez and the pick-up of Abad collided with each other causing severe injuries to the former. Abad stopped his vehicle and brought Vasquez to the Southern Islands Hospital and later to the Cebu Doctors Hospital. On September 5, 1988, Vasquez died at the Cebu Doctors...
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...CPA-01299 Lw R02 #5 Page 12 Lee repairs high-speed looms for Sew Corp., a clothing manufacturer. Which of the following circumstances best indicates that Lee is an employee of Sew and not an independent contractor? a. b. c. d. Lee's work is not supervised by Sew personnel. Lee's tools are owned by Lee. Lee is paid weekly by Sew. Lee's work requires a high degree of technical skill. CPA-01299 Explanation Choice "c" is correct. A clear example of an employee is one who works full time for the employer, uses the employer's tools, is compensated on a time basis, and is subject to supervision of the employer in the details of the work. A clear example of an independent contractor is one who has a calling of his own, who uses his own tools, is hired for a particular job, is paid a given amount for the job, and follows his own discretion. Thus, payment on a weekly basis is an indication that a person is an employee rather than an independent contractor. Choice "a" is incorrect. If Lee's work is not supervised by Sew's personnel, per the above, that would be an indication of independent contractor status. Choice "b" is incorrect. Per the above, Lee's ownership of his own tools would indicate that he is an independent contractor. Choice "d" is incorrect. Work that requires a high degree of skill might be considered a calling or might be difficult to supervise. In any case, it would be indicative of independent contractor status. CPA-01303 Type1 M/C A-D Page 4 Corr Ans: C ...
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