...Homework Assignment #1 One of the most important skills you will learn in this course is how to “brief” a case. Judges interpret the law to resolve a dispute between two parties in a civil trial. This interpretation is documented in an “opinion”. These opinions are indexed in volumes and online. Opinions can be complex and address a variety of issues in the plaintiff’s claims or claims. Using case “briefs” will help you to understand how the court interpreted the law and how that interpretation may apply to another situation. A brief of a case will contain the parties involved, the relevant facts of the case, the issue the court is deciding, the rule of law, and the courts conclusion and rationale. Instructions: Use the Temple’s online library to search for this citation: “88 F.Supp.2d 116” Access this database by following these steps: 1. Access TU Portal 2. From TU Portal, select TU Library link on the left 3. In TU Library, select Databases, and then All Databases A-Z 4. Open the LexisNexis Academic Database 5. Select Look up a Legal Case 6. Search for citation: 88 F.Supp.2d 11 This will allow you to access this cases opinion, read the opinion in entirety and answer the following questions. Question 1: What court is issuing this opinion? UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Question 2: Provide a brief description of a plaintiff? Who is the plaintiff in this case? JOHN D.R. LEONARD is plaintiff. He...
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...“Jenson V. Eveleth Taconite Co.” Normarie Castellon Professor Lisa Browning Business Law – LEG 100 Spring Term 2012 Abstract In this paper, we will discuss the case of Jenson V. Eveleth Taconite Co. In August 1988, Lois Jenson and Patricia Kosmach filed a class action suit against Eveleth Mines alleging sex discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e-2, and the Minnesota Human Rights Act (MHRA), Minn.Stat. § 363.03, subd. 1(2). This case was the first sexual harassment class action to reach the federal court system, and was overseen by U.S. District Court Judge James Rosenbaum. We will look at this case and summarize the actions leading up to the lawsuit, discuss how management could have prevented the lawsuit, discuss ethical considerations, determine which sources of law would be most relevant, and finally make recommendations on what management could as alternate resolutions. “Jenson V. Eveleth Taconite Co.” Summarize the actions that lead to the lawsuit. This particular case was a very big lawsuit for its time and has been made into a movie we know as North Country. Almost from the beginning, according to court documents, Ms. Jenson and other women were subjected to sexual harassment, verbal abuse, threats, stalking, and intimidation. This behavior has since become known as "strategic" or "territorial harassment," in this case acts perpetrated by men in a predominately male workplace. Lois...
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...Business Law – Assignment 2Advise Chris with regard to the law relating to offer and acceptance. In order to advise Chris it is necessary to consider the law relating to offer and acceptance. Chris placed the following advertisement in the ‘Antiques Monthly’ magazine on Monday; “Rare 18th Century Long case clock by Ticker for sale £15,000 or nearest offer”.Within contract law relating to offer and acceptance we need to assess whether this advertisement is an offer or simply an invitation to treat.An offer must not be vague and must be capable of acceptance as in the case of Guthing V Lynn (1831) 2B AD 232, in this court case the buyer of a horse made a promise to the seller that he would pay an additional £5 “if the horse is lucky for me” the court saw that this offer was too vague and therefore it was not enforceable, (Treitel 1999:8) defines an offer as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed".An invitation to treat shows that a person is willing to negotiate a contract, however the contract is not capable of immediate acceptance, as is in the case of Harvey V Facey (1893) AC 552 Where the seller indicated that they would be willing to sell a good at a price, this is similar to Chris’ situation, the outcome of the case was that it was seen as an invitation to treat rather than an offer, because if a contract is not accepted the buyers...
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...Week 1 Assignment 1. What is common law? Common law is the body of law that was developed from judicial and custom decisions in English and United States courts and is not attributable to a legislature. At first, common law was founded on common sense in regards to the social customs. Over time, it became supplanted by statute law, which is the rules that a legislative body approved, and also judgments from the higher courts. The precedents are then recognized, affirmed, and also enforced by the courts decisions. This in turn causes common law to become more expanded over time. When you contrast common law to civil law, common law is based on broader principles. In addition, civil law is based on a rigid code of rule. In addition, in civil law, the defendant is considered guilty until proven innocent once entering criminal trial. Common law is the opposite since the defendant is innocent until proven guilty. 2. What are the sources of American law? There are several sources of American law. The sources include common law, statutory law, administrative law, court rules, and constitutional law. The primary sources of American law include the U.S. constitutions and constitutions of the states, statutes and laws passed by Congress and state legislators, regulations that were created by administrative agencies, and case law or court decisions. Secondary sources of law would include things such as legal encyclopedias, legal treatise, or articles in law review. Statutory...
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...Lizbeth Gerena Business Law 201 Writing Assignment 1 Prof. Benichou May 3, 2015 Case Study 1 Crime: The students at Gigantic State University (GSU) committed several crimes when they decided to take over Dunfee Hall. The most dangerous was the assault with a deadly weapon (firearm). Whether it was real or just a play gun it was used to represent a real gun. The victim thought it to be real and she collapsed in a sobbing heal on her desk. The second crime that was committed that was the most alarming, was the hostage take over. They stormed the building and blocked Mr. Chandler in his office and would not let him out. Even though he was asleep in his office and had no knowledge of what was going on out side of his door, I believe he was still being held against his will. The third crime committed was burglary, entering a building or residence with the intent to commit a felony or theft. Let’s use the example of the students storming the building and preventing the secretary (Prudence) from calling the Campus Police and the fact that the phone was slapped from her hand. These three crimes were the most important and also most dangerous crimes committed. They are also part of what laws and rights were violated. Of course, the students do have the right to protest however, they do not have the right to put another person in harms way or threatened...
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...CIS 438 Assignment 1: Privacy Laws and Security Measures https://homeworklance.com/downloads/cis-438-assignment-1-privacy-laws-and-security-measures/ CIS 438 Assignment 1: Privacy Laws and Security Measures Assignment 1: Privacy, Laws, and Security Measures Due Week 3 and worth 100 points You are an information security manager for a large retail sporting goods store. The sporting goods store is involved in the following in which they: •Maintain an internal network and an intranet protected by a firewall •Maintain a Web server in the DMZ that is protected by another firewall •Accept credit card sales in the store and over the Web via e-Commerce transactions •Maintain an email server for employee email communication and communication with other business partners and customers •Maintain a wireless network within the store •Use RFID for inventory and theft prevention •Maintain a Facebook presence •Provide health screening for high blood pressure, high cholesterol, and other potential health risks The CEO is concerned about the amount of information that is being collected and maintained within the organization. Write a three to five (3-5) page paper in which you: 1.Describe the major privacy issues facing organizations today. 2.Analyze the major privacy issues described above and compare that to the potential privacy risks facing the sporting goods store. 3.Explain the security risks and applicable laws that govern the privacy risk. 4.Describe the security...
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...CIS 438 Assignment 1: Privacy Laws and Security Measures https://homeworklance.com/downloads/cis-438-assignment-1-privacy-laws-and-security-measures/ CIS 438 Assignment 1: Privacy Laws and Security Measures Assignment 1: Privacy, Laws, and Security Measures Due Week 3 and worth 100 points You are an information security manager for a large retail sporting goods store. The sporting goods store is involved in the following in which they: •Maintain an internal network and an intranet protected by a firewall •Maintain a Web server in the DMZ that is protected by another firewall •Accept credit card sales in the store and over the Web via e-Commerce transactions •Maintain an email server for employee email communication and communication with other business partners and customers •Maintain a wireless network within the store •Use RFID for inventory and theft prevention •Maintain a Facebook presence •Provide health screening for high blood pressure, high cholesterol, and other potential health risks The CEO is concerned about the amount of information that is being collected and maintained within the organization. Write a three to five (3-5) page paper in which you: 1.Describe the major privacy issues facing organizations today. 2.Analyze the major privacy issues described above and compare that to the potential privacy risks facing the sporting goods store. 3.Explain the security risks and applicable laws that govern the privacy risk. 4.Describe the security...
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...LAW 101 Written Assignment 1 Obergefell v. Hodges Click Link Below To Buy: http://hwaid.com/shop/law-101-written-assignment-1-obergefell-v-hodges/ You are a recent law school graduate and work for a community LGBT organization in the State of North Carolina. The June 26-decision Obergefell v Hodges invalidated provisions of the North Carolina constitution that prohibited same-sex marriage. The state public television network has asked the organization’s founder and president, David Mitchell, to appear on a program where a panel will discuss Obergefell. David has asked for your help in preparing for the program David wants to understand the basis of the majority opinion and whether the arguments of the dissenting opinions are valid. Specifically, David wants you to answer the following questions: • The majority opinion concludes that “the right to marry is fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses… couples of the same-sex may not be deprived of that right and liberty.” What are the chief criticisms that Chief Justice Roberts’ dissent makes of the conclusion that the right to marry is a fundamental right? • Do you agree with the majority or with Justice Roberts on whether the right to marry is a fundamental right, and why? (Definition of “marriage” is part of Robert’s analysis of whether the right to marry is a fundamental right and is also part of the majority opinion, so you have...
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...1. Justify your position about the importance of the physician-patient and hospital-patient relationships. The relationships of the physician –patient and hospital-patient are both extremely important and equally impact the health of the patient as well as the success of the hospital and physician. The physician-patient relationship is the center of health care due to the fact that one of the main aspects of a patient’s care is his/her discussion with the physician. In the past, patients had to rely solely on the directions and information provided by the physician in order to make important health care decisions. Patients were also limited in their access to health care facilities as well as hospitals. In today’s society this is not the case because most patients have the ability to seek second opinions, research alternate conditions/treatments, as well as rate physician care/hospital services through social media on the internet. A cancer patient in TN may travel to TX to receive treatment from a specific specialist and/or a highly recommended facility. Since the dynamics of the physician-patient and hospital-patient has changed, the relationship has changed but its importance has not. Therefore, it is essential that both the physician and the hospital facility itself have a good rapport with the patient in an effort to continuously build the relationship. A poor relationship between the patient and the hospital and/or physician could compromise the ability of the patient to...
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...Functions of Law Paper University of Phoenix/Axia Law/421 – Contemporary Business Law Role and Functions of Law Paper The word law is defined as a system of principles and regulations of ethics and rules in order to keep people and also things in line, a set of rules of conduct. There are many functions of law in business and in society. Without the functions of laws many companies, etc. could and would not survive. Law is very valuable within businesses. Businesses have to have law because it is used as a protective shield for the companies. Without laws, companies could have lawsuits placed on them. So laws are put into place to help avoid as many lawsuits as possible. A majority of companies have a set of lawyers to take care of their legal issues. Arbitration has become a key for companies to use to try and keep lawsuits from happening usually regarding employees. This law helps things to be done without going to court and keeping lawsuits down. In order to keep the liabilities down legally with the sale of a company’s services or goods, they use their legal advisories when making such decisions. If there are changes to be made within an agreements, etc., then the legal team can take care of this and is in the position of letting a company know when changes have been made with the legal documents or contracts to ensure that they are meeting the current laws. The role of law in business...
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...In this document of ESE 631 Entire Course you will find the next files: ESE 631 Week 1 Assignment Special Education Law Review.doc ESE 631 Week 1 DQ 1 LRE and FAPE.doc ESE 631 Week 1 DQ 2 Importance of IEP.doc ESE 631 Week 2 Assignment Adapting Lesson Plans for an Inclusive Classroom.doc ESE 631 Week 2 DQ 1 Compare and Contrast LD and CD.doc ESE 631 Week 2 DQ 2 Response to Intervention.doc ESE 631 Week 2 Journal Educator Reflections.doc ESE 631 Week 3 Assignment Accommodation Support Plan.doc ESE 631 Week 3 DQ 1 Emotional Disorders.doc ESE 631 Week 3 DQ 2 ADD ADHD Characteristics and Accommodations.doc ESE 631 Week 4 Assignment Research Paper.doc ESE 631 Week 4 DQ 1 Planning for Students with Intellectual Disabilities.doc ESE 631 Week 4 DQ 2 Supporting Students with Physical Impairments.doc ESE 631 Week 5 DQ 1 Families and Autism.doc ESE 631 Week 5 DQ 2 Transition and Self-Determination.doc ESE 631 Week 6 DQ 1 Sensory Impairments.doc ESE 631 Week 6 DQ 2 Diverse Learners and Differentiated Instruction.doc ESE 631 Week 6 Final Paper Professional Presentation.ppt ESE 631 Week 6 Journal Course Reflections.doc Business - General Business LRE and FAPE . Please read the article “Least Restrictive Environment: How Do We Prepare Both Our Special Educators and Our General Educators to Comply with the Provision?” (Keuhne, 1998). According to IDEA, what do the terms Least Restrictive Environment (LRE)...
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...UNIT 10 ASSIGNMENT 1: EXAMINE REAL-WORLD IMPLEMENATATIONS OF SECURITY STANDARDS AND COMPLIANCE LAWS CIPA stands for The Children's Internet Protection Act. It is a bill that was signed into law in December 2000, and was to be constitutional by the United States Supreme Court in June 2003. It requires schools K-12 and libraries to have internet filters to protect children from harmful online content that blocks access to “visual depictions” on the Internet that are obscene, child pornography or harmful to minors. Meaning any picture, image, graphic image file, or other visual depiction that has been taken as a whole and with respect to minors, appeals to an excessive interest in nudity, sex, or excretion; depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. The law also states that a school or library may disable the technology protection measures concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. Public Schools and Public Libraries must comply with CIPA to be able to take advantage of E-rating discounts for telecommunication resources and LSTA grants for various programs. The act has several requirements for...
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...LAW 531 ENTIRE COURSE To purchase this visit here: http://www.activitymode.com/product/law-531-entire-course/ Contact us at: SUPPORT@ACTIVITYMODE.COM LAW 531 ENTIRE COURSE LAW-531 Final Exam Three Sets LAW-531-Week-1-Assignment-ADR-Clause-for-Learning-Team-Charter LAW-531-Week-1-DQs LAW-531-Week-2-Assignment-Business-Regulation-Simulation-VERSION-1 LAW-531-Week-2-Assignment-Business-Regulation-Simulation-VERSION-2 LAW-531-Week-2-Assignment-Recognizing-and-Minimizing-Tort-and-Regulatory-Risk LAW-531-Week-2-DQs LAW-531-Week-3-Assignment-Recognizing-Contract-Risk-and-Opportunities LAW-531-Week-3-DQs LAW-531-Week-4-Assignment-Legal-Risk-and-Opportunity-in-Employment LAW-531-Week-4-DQs LAW-531-Week-5-DQs LAW-531-Week-5-Risk-Arising-in-Tangible-Property-and-Intellectual-Property LAW-531-Week-6-Assignment-Corporate-Compliance-Plan LAW-531-Week-6-DQs Activity mode aims to provide quality study notes and tutorials to the students of LAW 531 ENTIRE COURSE in order to ace their studies. LAW 531 ENTIRE COURSE To purchase this visit here: http://www.activitymode.com/product/law-531-entire-course/ Contact us at: SUPPORT@ACTIVITYMODE.COM LAW 531 ENTIRE COURSE LAW-531 Final Exam Three Sets LAW-531-Week-1-Assignment-ADR-Clause-for-Learning-Team-Charter LAW-531-Week-1-DQs LAW-531-Week-2-Assignment-Business-Regulation-Simulation-VERSION-1 LAW-531-Week-2-Assignment-Business-Regulation-Simulation-VERSION-2 LAW-531-Week-2-Assignment-Recognizing-and-Minimizing-Tort-and-Regulatory-Risk ...
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...LEG 107 ASSIGNMENT 1 To purchase this visit here: http://www.activitymode.com/product/leg-107-assignment-1/ Contact us at: SUPPORT@ACTIVITYMODE.COM LEG 107 ASSIGNMENT 1 LEG 107 Assignment 1 - Avoiding Unauthorized Practice of Law NEW It is widely known that utilizing paralegals is a frequent concern for practicing attorneys, especially when a paralegal’s actions may leave them performing tasks (e.g., advising on legal rights, negotiation or settlement, management of a law practice, etc.) which could result in the unauthorized practice of law. Per the American Bar Association, one must possess a law license in order to perform such tasks. Write a five to six (5-6) page paper in which you: 1. Determine three (3) most important characteristics of an effective paralegal. Justify your response. 2. Develop at least three (3) general guidelines for conducting legal research that a new paralegal should follow on in order to ensure that the attorney for whom the paralegal works is referencing valid laws within his / her legal documents. 3. Propose two (2) strategies that a paralegal could take in order to avoid the unauthorized practice of law. Provide a rationale to support your response. More Details hidden... Activity mode aims to provide quality study notes and tutorials to the students of LEG 107 Assignment 1 in order to ace their studies. LEG 107 ASSIGNMENT 1 To purchase this visit here: http://www.activitymode.com/product/leg-107-assignment-1/ Contact...
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...BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase...
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