...Risk Management- Drunken Patient Lawsuit LAW/531 February 17, 2014 Risk Management- Drunken Patient Lawsuit The IRAC method is an instructional tool that can aid students in the comprehension and evaluation of information so that they can make informed value decisions. It is an acronym for Issue, Rule, Analysis, and Conclusion. Although this is a legal model used to evaluate hypothetical situations in law cases, it is by no means limited to the study of the law. Useful for case studies presented in varied mediums such as narratives, videos/films, or recordings, the IRAC method may be applied to other activities such as defining a term or demonstrating a concept, principle, relationship, analogy, or contrasting idea. Often the instructional focus is on the end result of case study discussion rather than on how to "walk through" a method or approach to be used by the students in the case analysis (Bittner, M.1990). Issue: A recent court ruling should motivate hospital risk managers to conduct a careful periodic review of their facility's procedures and legal obligations when it comes to treating intoxicated patients. The patient, Kevin Kowalski, later wandered onto a nearby highway and was struck by a car, leaving him paralyzed below the neck. Throughout the case, Mr. Kowalski contended that even though he decided on his own to leave the hospital, the hospital should have prevented him from doing so based on his level of inebriation. Analyze: In order to analyze...
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...IRAC Brief Case Analysis LaTasha Edwards, Margarita Castaneda, Jesse Ellison, and Jonathan Deschine University of Phoenix Business Law 531 James Rambeau July 1, 2015 IRAC Brief Case Analysis Currently, teachers of California are considered government workers and have to pay union dues, according to the law, as a condition of employment. “This arrangement was established under the 1977 Supreme Court case, Abood v. Detroit Board of Education” (Kovacs, 2015, para. 2). The purpose of the lawsuit is to bring back the right to choose and eliminate paying union dues by force that can benefit organizations teachers do not support. The teachers are being represented by Center for Individual Rights and are challenging laws in relation to agency fees under freedom of speech and association grounds. Issue: Was the right to choose and eliminate paying union dues reestablished? Rule: “Typically, California teacher union dues cost upwards of a $1000 per year. Although California law allows teachers to opt-out of the thirty percent or so of their dues devoted to overt political lobbying, they may not opt out of the sixty to seventy percent of their dues the union determines in devoted to collective bargaining. Requiring teachers to pay these “agency fees” assumes that collective bargaining is non political” (Kovacs, 2015, para. 4). Analysis:” “agency fees” laws, which require government workers to pay union dues as a condition of employment in order to negotiate political...
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...IRAC Brief – Stryker Corporation and The Securities Exchange Commissions University of Phoenix IRAC Brief – Stryker Corporation and The Securities Exchange Commissions Introduction / Purpose Business managers are faced with challenges of legal risks by conducting domestic and international business transactions. To avoid misleading of accounting principles and fraudulent business practices an organization must retain strong internal controls within their international operations. Stryker Corporation had been recently confronted by Securities and Exchange Commissions and got a direct experience. In the following reflection, Team B applies the IRAC method of case analysis to observe Stryker’s treatment and conduct of violations connected to the Foreign Corrupt Practices Act (FCPA). We will summarize four factors regarding IRAC: 1) issue 2) rule 3) analysis and conclusion. Thorough analysis of the IRAC results will help Team B’s interpretation of the significance of internal controls in handling legal risk in international business transactions. Issue Did “Stryker violated the Foreign Corrupt Practices Act by making $2.2 million in unlawful payments to foreign government officials while describing the payments as legitimate expenses in the company’s books and records?” Did Stryker Corporation demonstrates intentional misrepresentation by failing to plan and preserve an acceptable system of internal accounting controls? Is intentional misrepresentation...
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...Learning Team ‘A’ Reflection: Week Four IRAC Brief LAW/531 May 12, 2014 Learning Team ‘A’ Reflection: Week Four IRAC Brief The Michigan Court of Appeals heard a case that involved the legality of forcing employee’s “to pay union dues or fees just to keep their jobs, despite the fact they do not belong to the union nor sought the union's so-called representation” ("Workers Defend Free Choice For Workers Against Spurious Union Boss Legal Challenge", 2014). The court ruled in favor of Michigan’s Right to Work Law that states, employees are not required to pay Union dues. The court stated that “the state had the power to make union membership optional” (Livengood, 2014). In this brief, we will identify how the legal concept of Right to Work is applied to relieve employees of compulsory union fees in a managerial setting using the IRAC method. Issue – Are mandatory service fees payable to collective bargaining agencies constitutional for state civil service non-union employees? Rule – “Agency shop” policies enforcing compulsory union fees may force employees to go against their own principles [Ellis v (Brotherhood of Railway, Airline & Steamship Clerks, 466 US 435, 455; 104 S Ct 1883; 80 L Ed 2d 428 (1984)]. Prohibiting or forcing employees to support ideological beliefs and unions violates a person’s constitutional right in the eyes of the State of Michigan. Analysis – The Michigan Court of Appeals considered the limits of the law to avoid infringing on laws superseding...
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...Miranda v. Arizona, 384 U.S. 436 (1966). (1) Facts: Miranda was unaware of his rights under the Fifth Amendment of the United States Constitution and offered incriminating evidence during police interrogations. (2) Issues: The question is whether or not the police is required to notify the arrested defendants of their Fifth Amendment constitutional rights against self-incrimination before they interrogate the defendants? (3) Rule: The U.S. Supreme Court established a “bright line” rule to govern custodial interrogations, maintaining that they are inherently coercive because: (a) Suspects are held in strange surroundings where they’re not free to leave, and (b) Skilled police officers use unrefined methods to “crack” the will of suspects. The bright-line rule prevents police coercion while still allowing police pressure. During custodial interrogations, police must give suspects the famous four warnings: (a) You have a right to remain silent, (b) Anything you say can and will be used against you in court, (c) You have a right to a lawyer, and (d) If you can’t afford a lawyer, one will be appointed for you. (4) Application: The Supreme Court further explained that the process of interrogation is already intimidating, and the suspect must be read his rights to counteract this intimidation. Then the Court outlined the way in which a suspect must be informed of his rights. This must take place before the suspect is questioned, and an officer doesn't have to do it while...
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...(1) Briefs may be prepared using a printing, duplicating or copying process capable of producing a clear letter quality black image on white paper, but shall not include ordinary carbon copies. If briefs timely filed do not conform to this rule or are not clearly legible, the clerk of the supreme court may require that new copies be substituted, but the filing shall not thereby be deemed untimely. Each brief shall be in pamphlet form upon good quality, nonclinging paper 8 ½ by 11 inches in size, with front and back covers of durable quality. Each brief shall have a minimum margin of one inch on the binding side and shall be firmly bound at the left margin. Any metal or plastic spines, fasteners or staples shall be flush with the covers and shall be covered by tape. The covers shall be flush with the pages of the case. See also Rule 26(5). If briefs are produced by commercial printing or duplicating firms, or, if produced otherwise and the covers to be described are available, the cover of the brief of the appealing party should be blue; that of the opposing party, red; that of an intervenor or amicus curiae, green; and that of any reply brief, including the answering brief in accordance with Rule 16(8), gray. The cover of the appendix, if separately printed, should be white. The court will not accept any other method of binding unless prior approval has been obtained from the clerk of the supreme...
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...LEGAL WRITING Prof. Gajić FINAL EXAM 1. Who can an attorney ask to prepare a brief? _________________________________ 2. Briefs should not be longer than one to two pages long and should be easy to read so that the reader does not have to spend much time understanding the reasoning of the case. T F 3. What are the two most important parts within the heading of internal legal memorandum? 4. The memo should begin with a statement of the issue, which is the legal question that the memorandum addresses. T F 5. The largest portion of the memo is the ______________ section. 6. The last section of the memorandum is the _________________, in which a brief summary of the memorandum is offered. 7. Name a few factors to consider when designing a law office space. What should be considered and offered to clients? _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 8. Successful interviews require the right __________________ and _____________. 9. Describe a situation in which you are meeting with a client for the first time, how would you behave, approach him/her, guide the interview. _____________________________________________________________________ _____________________________________________________________________...
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... | | | | | |Performance: | | |Use Word to type up legal briefs | | |Criteria: | | |Type up legal briefs using tool in Word | | | | | | | 3. List prerequisite skills (if any): |Some knowledge of using a computer, experience with legal briefs | | | |...
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...Case brief of Malaysia case To make the case brief it is necessary to divide our analysis in 5 phases: • Situation • Questions • Hypothesis • Proof and action • Alternatives 1) Situation Government of Malaysia is in front of big challenges, prime-minister is going to have very important meeting, where will be held discussion about future of the country. Malaysia developed its economy by exporting timber, and this caused destruction of local nature, which was a serious threaten for global world. So government should decide how to respond to the western environmentalists, as they were threatening they would make an important restrictions against Malaysia. 2) Questions The important questions which may appear around this case are following: 1) What is the basic motive for western environmentalists? (Are they really interested with condition of the world or just lobbing their countries?) 2) Are there other substitutes for Malaysia, which can replace the export of timber? And also important question is, that how the restrictions of environmentalists will hurt the economy of Malaysia? 3) Hypothesis By foreseeing socio-economical situation of Malaysia, we can make an appropriate hypothesis. Export is very important for every country, especially for the developing countries. And in Malaysia the export of timber is the greatest part of whole export. In spite of this, Malaysia is trying to shorten the export of timber as raw materials, and they try to encourage local industries...
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...link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/law-421-week-1-role-functions-law-paper/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. inCh. 2, section 2-6, “Commerce Powers,” of the text Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading. Format your paper consistent with APA guidelines. LAW 421 Week 1 Role and Functions of Law Paper Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/law-421-week-1-role-functions-law-paper/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. inCh. 2, section 2-6, “Commerce Powers,” of the text Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading. ...
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...Employment Law Case Brief To purchase this visit here: http://mindsblow.us/question_des/Week10Assignment4EmploymentLawCaseBrief/2782 Contact us at: help@mindblows.us HRM 510 Week 10 Assignment 4: Employment Law Case Brief Due Week 10 and worth 200 points Using the Internet, select and research an employment law case no greater than five (5) years old. Write a three to four (3-4) page brief in which you: 1.Summarize the issue of the case, and then explain the employment law that was violated.. 2.Evaluate the type of impact the violation had on the organization then determine two (2) ways the organization could mitigate the issue. Justify your response.. 3.Based on your research, determine if a policy was or was not in place during the violation. Then, recommend a communication for all employees to enhance the knowledge of the policy. Support your response.. 4.As a HR Manager, explore an organization you worked for or familiar with, then suggest three (3) ways you could make the organization violation free from employment law issues. Justify your response.. 5.Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources.. Week 10 Assignment 4: Employment Law Case Brief To purchase this visit here: http://mindsblow.us/question_des/Week10Assignment4EmploymentLawCaseBrief/2782 Contact us at: help@mindblows.us HRM 510 Week 10 Assignment 4: Employment Law Case Brief Due Week 10...
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...Market Growth Wal-Mart, Target, and Kohls are the company's largest customers, accounting for 24%, 17%, and 5% of 2014 sales, respectively. Mass merchandise stores are vital to the company's performance, accounting for about half of Hanesbrands' total sales. Hanesbrands also allies with mid-tier stores, including J. C. Penney, Macy's, and Kohls, which are adding its lower-priced labels. It's L'eggs and Hanes brand underwear are also sold in food, drug, and variety stores. Hanesbrands also sell apparel to the US military for sale to soldiers and through discount chains, including Dollar General and Family Dollar Stores. Looking to grow abroad in 2014, Hanesbrands acquired DBApparel Group of France, a maker of intimate apparel in Europe, from investment firm Sun Capital Partners. DBApparel holds the license to manufacture and sell apparel under the Wonderbra and Playtex trademarks in the European Union, as well as several other nations in Europe and South Africa ("Hanes Brands Inc.", n.d). Hanesbrands hopes to identify and capitalize on the long-term megatrends related to their top product lines over the next five to 10 years. To this end, in early 2015, the company purchased Knights Apparel to expand its sports licensed collegiate apparel business with a goal of appealing to college students as that market grows over the next years and decades. In 2012, after success with its Tagless undershirts, Hanesbrands brought its Tagless platform to its male underwear bottom products...
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...Unreasonably Dangerous Underwear Dangerous product? A large guy (280-90 pounds) ironically won a one-week trip to Hawaii as a reward for selling more than $20,000 in diet products. But in a lawsuit against Hanes, the underwear maker, he alleged his “dream trip” went awry due to allegedly defective briefs which “gaped open and acted like a sand belt on my privates,” causing injury. We’ll let the court elaborate on this interesting products liability case: Plaintiff testified that by the second day in Hawaii he was in debilitating pain. However, … he ignored the pain until he returned to Pensacola two weeks later. He explained he was able to ignore the pain because he was enjoying himself so much on this long anticipated vacation that he did not dwell on or focus on the pain to any degree. Plaintiff testified he believed sand that he picked up in his swim trunks while enjoying the Hawaiian surf had irritated his penis. Over the next few days he and his wife “walked all over the place” until his condition worsened to the point that he “could hardly walk.” Plaintiff testified his inability to walk was caused by defendant’s defective manufacturing of his underwear which caused his “fly” to gap open. The gap resulted in his penis protruding from his underwear, whereupon the edges of the opening abraded his penis like “sandpaper belts.” … Under cross examination plaintiff admitted he never examined his penis to assess the problem and/or treat the problem. He testified he is a...
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...expect. You should also send thank you letters to your customers after they have bought from you, this builds up a positive relationship between the company and their customers. Quality management will make sure the effective design of processes that verify customer needs, plan product life cycle and design, produce and deliver the product. How the design process operates Design process is a formulation of a plan to help an engineer in a creating product. Design process 1 | Design brief | Make a short design brief with statement of the customer's design goals | 2 | Schedule | List all major areas of work and allocate times and deadlines. | 3 | Analysis of Brief | Look at the Brief and produce a list of research questions. | 4 | Research | Collect information relevant to the project | 5 | Specification | specifying requirements of the design | 6 | Development | continuation and improvement of a computer designed solution | 7 | Choose solution | Produce a solution to the Brief using the Specification and your Generated Ideas. | 8 | Make Solution | Produce the solution | 9 | Test...
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...A Brief History of Philippine Literature in English I. Pre-Colonial Period - Consisted of early Filipino literature passed down orally; oral pieces have a communal authorship – it was difficult to trace the original author of the piece since oral literature did not focus on ownership or copyright, rather on the act of storytelling itself; - Many oral pieces became lost in the wave of the new literary influence brought about by the Spanish colonization; however, according to the Philippine Literature: A History & Anthology, English Edition (Lumbera, B. & Lumbera C.), the pre-colonial period of Philippine literature is considered the longest in the country’s history; - Literature in this period is based on tradition, reflecting daily life activities such as housework, farming, fishing, hunting, and taking care of the children as well; - Oral pieces told stories which explained heroes and their adventures; they attempted to explain certain natural phenomena, and, at the same time, served as entertainment purposes; - Pre-colonial literature showed certain elements that linked the Filipino culture to other Southeast Asian countries (e.g. oral pieces which were performed through a tribal dance have certain similarities to the Malay dance); - This period in Philippine literature history represented the ethos of the people before the arrival of a huge cultural influence – literature as a cultural...
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