...B-Law outline #3 Aaron Stewart Tort law * Intentional torts * Assault, battery, False Imprisonment Intentional Inflicktion of Emotional Distress, trespass to land, trespass to Chattels( personal Property), Conversion * Defenses to Intentional Torts * Self Defense, Defense to all others, Defense of Property, Recovery of Personal Property, Necessity, Consent * Assault * Assault occurs when one person intentionally causes another person to suffer a reasonable apprehension of imminent harmful of offensive bodily contact(Resonable-objective standard) * Elements of Assault (Manning v. Grimsley)(Wishnatsky v. Huey)(Howard v. Wilson) * Intent, Reasonable Apprehension, Imminent * Battery * Intentional Infliction of harmful or offensive bodily contact * Elements of battery (England v. S&M Foods) * Intent, Harmful or offensive, Bodily contact * False Imprisonment * Intentional infliction of a confinement * Elements of False Imprisonment (K-Mart v. Perdue)(Bank v. Fritsch)( Pope v. Rostraver Shop and Save) * Intent, confinement * Intentional Infliction of Emotional Distress * Intentional infliction, by extreme & outrageous conduct of service emotional Distress * Elements (Intent, Extreme & outrageous conduct, Severe Emotional Distress) * Transferred Intent Doctrine * The differnet person is the object of Intent if D had “intent” with respect to one...
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...power - Removal (Meyers, Humphreys) Separation of powers - Mistretta at pg. 19 Non-delegation - J.W. Hampton, Mistretta at 15. APA design; three functions of agencies: 1. make rules 2. adjudicate 3. gather information There are not very many legal issues with information gathering, so the class will not focus on it. Rule making and adjudication is done formally and informally | |Rule Making |Adjudication | |Formal |§ 553 |§ 554 | |Informal |§ 553 |§ 554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute a “hearing”? Its called a paper hearing and satisfies §553. §553(b)(2) - authority. Grouper - Magnuson Fishery . . Act. Note, they cite to their own rule; generally an agency must follow its own rules (notice exceptions). 553(c) - interested persons must...
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...sense that it must be a conscious exercise of the will. Rationale: An involuntary act will not be deterred by punishment. Not voluntary // not liable: Conduct that is not the product of the actor’s determination. E.g. A shoves B into C w/ result that C falls to death. Reflexive or convulsive acts Acts performed while the D was either unconscious or asleep UNLESS the D knew that he might fall asleep or become unconscious and engaged in the dangerous behavior. MARTIN V. STATE: Police arrested drunk Martin at home and brought him to highway – convicted of being drunk on highway Criminal liability must be based on conduct which includes a voluntary act or omission to act which was physically possible to be performed. Rationale: Law rests on premise that wrongful act must be chosen Volition separates an act from a bodily movement. My arm went up v. I raised my arm – you will your body to move PEOPLE V. DECINA: Epileptic suffered a seizure while driving;...
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...My overall impression on my speech was better than I anticipated. I was very nervous and anxious to get the speech over. I could tell that in the pace of my speech. I was rushing through it and at times it was hard for me to keep track of my place on the outline. I thought I gave good eye contact and I stayed on the speech path, but I could have projected my voice more so that it would have been easier to hear and understand what I was saying. I felt that the delivery was good but I could have moved around more and gave more hand gestures to keep my speech alive. Although I didn’t feel it was a boring speech, I feel like I still tell showed how nervous I really was by the body chemistry I gave off. I prepared a lot for the speech and I went over the speech 3 times in front of the camera at home. I think this helped me a great deal because I had full knowledge of what my speech was about. Because I was nervous and rushing through my speech I often lost my place on my outline, but was able to wing it because I had practiced. It helped a lot that I did my speech on a topic that I am very familiar with and used to talking about. I also used the technique in the chapter that tells you that when you are nervous take a deep breath and use a focus word, mine was “Money”. This technique helped me a great deal in the beginning because I actually felt overwhelmed and on the verge of an anxiety attack. Using this technique calmed me down and made me able to deliver my speech. ...
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...Research or Interview Paper Instructions You can choose 1 of the following two options for your Research or Interview Paper. Your paper will be 7 double-spaced pages for the main content (not including the cover page and reference page). Your choices include: 1. A research paper Steps for writing the research paper: a) Choose a topic in Managerial Economics. b) Submit the topic and the outline of the paper to the instructor anytime for approval. c) A minimum of 3 references besides the textbook are required. Liberty University library has excellent resources for your search for journals. http://www.liberty.edu/index.cfm?PID=178 OR 2. An interview paper Steps for writing the interview paper: a) Choose a topic in Managerial Economics. b) Design at least 5 questions according to the topic. c) Submit your questions to the instructor for approval. d) Contact a local or non-local company for an interview. e) Conduct the interview for answers to your questions. f) The paper must have 3 parts: • The description of the company; • Interview questions and answers; and • Your comments. *The research paper is to be done individually, not as a group. **Do not wait until the last module/week to work on the paper. Do it as early as possible. ***A paper that was written for other classes would not be accepted for...
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...Composition I Week 9 IW Assignment Worksheet Instructions: As you did in Week 3, please fill in the answers to the prompts on this worksheet and save them as a Word doc. You are only filling in the blue areas! Then, attach your completed worksheet to your drop box submission. You will work to create your thesis statement and a basic outline for a comparison/contrast essay. There are two patterns from which to choose, and you will select ONE below. Creating a Thesis Statement and Basic Outline for the Comparison/Contrast Essay I.) First, you’ll choose two items to compare and contrast. There are some great examples of items to compare/contrast on pages 229-230 in our textbook, especially #9, #10, #11, #12, #14, and #15. Fill in the two items that you will compare/contrast. A.) Nokia 7110 – the first effort at taking the Internet onto a mobile (1999) B.) Amazon Fly – Taking Image Recognition Software to its next level (2014) II.) Next, you will identify three criteria that you’ll use to evaluate each of the items. Think about three qualities or characteristics of the two items that you can evaluate to choose the better item. For example, in the Week 10 Sample essay, the writer compares/contrasts the cost, nutrition and taste of two types of bread. Fill in the three evaluative criteria you will use to decide which of your two selected items is better. 1.) Internet capability 2.) Ability to take pictures and record videos 3.) Text messaging III.)...
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...Outline and assess the view that the law operates to serve the ruling class As crime is subjective concept we must look at the explanations of crime and how it occurs, this assumption clearly suggests that social class plays a large role in explanations of crime. We must consider how social class affects us as a society and thus how it is reflected in the laws set for our society to conform to. The idea of the law serving the ruling class is clearly a Marxist perspective however other sociologists do appreciate this assumption particularly Integrationists and Left Realists. In order to assess the view accurately other factors must be considered for example how the law operates to serve different genders, ages and ethnicities as well as social classes. Firstly Marxists would argue that the ruling class are protected by the law and therefore are less likely to be punished for a crime. Snider found that the state is hesitant to pass laws that regulate large capitalist concerns for example: laws on health and safety or monoplies, as it can scare off investors and damge profitability for the state’s economy. This suggests that the law serves the ruling class as it protects them from being punished as laws aren’t in place to prevent corporate crimes ( such as tax evasion)and prosecute the criminals. Futhermore we can suggest that this happens due to those who make the laws being part of the ruling class; politicians are predominantly wealthy middle class individuals and therefore...
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...) INTRODUCTORY PRINCIPLES 2 A.) Efficiency and Other Concepts 2 B.) Agency and Partnership Law 2 II.) INTRODUCTION TO THE CORPORATE FORM 16 A.) Formation and Structure 16 B.) Debt, Equity, and Valuation 22 III.) CONTROL OF CORPORATE DECISIONS 32 A.) The Role of the Shareholder 32 B.) Management Obligations 50 1.) Duty of Care 51 2.) Duty of Loyalty 56 3.) Duty of Fairness: Parent-Subsidiary Relationships 63 4.) Duty of Good Faith 64 5.) Management Obligations Under Federal Securities Laws 67 C.) Shareholder Litigation 76 IV.) Structural Changes 85 A.) Transactions in Control 85 B.) Mergers and Acquisitions 86 1.) Mergers 87 2.) Sale of Assets 93 3.) Asset Purchase or Tender Offer 94 C.) Public Control Contests 96 1.) The Poison Pill 100 2.) Enhanced Review When Business is Up for Sale 103 3.) Proxy Contests for Corporate Control 106 4.) Protecting the Deal: Shareholder Lockup Agreements 109 I.) INTRODUCTORY PRINCIPLES • Definitions o Corporate Law: The allocation of rights and power within a corporation; the internal body of law ▪ Addresses the creation of economic wealth through the facilitation of voluntary, ongoing collective action ▪ Flexible- expectation that market discipline will weed out what is not working ▪ Principle aim- reduce agency costs of all sorts o Securities Law: Regulates capital markets that corporations use to obtain funding o Firm: A form of...
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...PROCEDURE FOR WRITING A TERM PAPE A term (or research) paper is primarily a record of intelligent reading in several sources on a particular subject. The task of writing such is not as formidable as it seems if it is thought out in advance as a definite procedure with systematic perpetration. The procedure for writing such a report consists of the following steps: 1. Choosing a subject 2. Finding sources of materials 3. Gathering the notes 4. Outlining the paper 5. Writing the first draft 6. Editing the paper Now let's look at each of them. CHOOSING A SUBJECT Most good papers are built around questions. You can find subjects in any textbook. Simply take some part of the text that interest you and examine it carefully. Ask yourself the following things about it to see if you can locate a question to answer in your paper. Does it tell you all you might wish to learn about the subject? Are you sure it is accurate? Does the author make any assumptions that need examining? Can two of the more interesting sections in the text be shown to be interrelated in some useful way? Your paper is an attempt to write a well-organized answer to whatever question you decide upon, using facts for the purpose of proving (or at least supporting) your contention. The most common error made by students in choosing a subject for a term paper is to choose one that is too general. (The most specific subject will always have enough aspects to furnish a long paper, if you think...
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...the page next to the home tab. Click the classroom tab. The student’s next page will be the current class the student is participating in. Under the classroom tab are four new tabs. They are materials, discussions, assignments, and grades. The University of Phoenix is geared for adult learners. UoP has a very extensive user friendly website for the active learner. Figure 1.3 CLASSROOM TAB 5.1.1 COURSE OUTLINE When the student has clicked the classroom tab, the next screen will be automatically being the materials tab. The tabs are located at the top of the screen, directly under the classroom tab. In the materials tab the student will have a variety of information at their fingertips. Located on the left will be the course outline. The outline will give the student an overview of week to week activities. It will also give the student a course overview, and course policies. The student has the ability to access an overview of the course. Figure 1.4 MATERIALS TAB, COURSE OUTLINE 5.1.2 POLICIES Under the course outline there is a link for policies. When the link is clicked on, it will open another window. It will give the student the opportunity to read all the policies and procedures of UofP. It gives the user the opportunity to read all the rules and policies under several different types of students. 5.2 DISCUSSION TAB Next to the materials tab at the top of the page is the discussion tab. Under the discussion tab are the forums...
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...Introductory Presentation ------------------------------------------------- ------------------------------------------------- Purpose of Presentation: to introduce yourself as a (potential) professional ------------------------------------------------- Audience: class members and your tutor ------------------------------------------------- Due: Week 3 Seminar 1 (Week starting 27 August 2012) ------------------------------------------------- Time limit: (3 minutes, Powerpoint not required) ------------------------------------------------- This presentation is video-taped. ------------------------------------------------- Short written outline of your presentation (one page or less), submitted to your tutor ------------------------------------------------- in hard copy on the day you present. ------------------------------------------------- Presentation Assignment Prepare a presentation to introduce yourself to your class and tutor. The speech will be videotaped for your review and self-assessment. Your presentation should be thoroughly planned, outlined, and rehearsed but not memorized or read. This handout covers the introductory presentation assignment, procedures for giving most business presentations, and a specific assessment sheet to help you prepare your talk and to give peer feedback. TASK: Adapt to Audience and Purpose Prepare and rehearse a presentation to develop your professional identity, establish rapport with your peers, and practise...
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...However, as I’m coming close to the end of my college career I realized I was wrong. Nonetheless, looking at my freshman essay now, I do see how I’ve grown within these past for years. Within my freshman year, I realized didn’t take the time to actually analyze my topic to where I could have understand it more. Therefore, it didn’t come out the way that I’ve envisioned it to be. The topic of evil is a widespread and extensive topic. If I was to approach this topic now, I would have done more extensive research on the nature of evil. This would have made me more knowledgeable about the topic at hand and helped me determine how to start this paper. In addition, before beginning this essay, I should have created an outline to help guide me throughout my paper. The outline would have given me the opportunity go through the research that I’ve gathered and helped to be more critical on how I wanted to present evil and it’s different levels. Doing this would have help me to develop this essay within a more critical and organize matter. While reading my freshman essay, I find myself coming up with more ideas of how I could have develop my point of view of the branches of evil, hence making an stronger argument. For example, I should have went into more deal of the ways evil is view within religion and our society. By doing this, it would have gave a more insight to the reader of how the paper is developing. This also would have given the reader an additional understanding of what evil...
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...Appendix D Topic Outline and Thesis Statement Guide My thesis is : Even though most people think that tattoos and piercings are known to be unholy, there are a lot people in the world today who strongly believe that they are meant to be pictures of art from personal feelings such as personal histories, special events, or past/present experiences in their lives. ________________________________ I. All Peoples views on tattoos in today’s world A. many people view tattoos as good/or bad 1. Most People view tattoos as being unholy 2. Younger people view tattoos as being a form of art B. Why most people view tattoos as being bad 1. Tattoo’s are unholy 2. Many people believe you are to treat your body as a temple II. Effects of tattoos A. How tattoos effects you 1. Tattoos are feelings of art, or personal experiences 2. Help people express their selves with pictures B. How tattoos effects other people 1. People may dislike you 2. People may feel angry III. Cost of tattoos in today’s world A. Are tattoos worth a lot of money? 1. How expensive are tattoos 2. What do you get for your money? B. Do teenagers spend all of their money on getting tattoos? 1. How much do teenagers spend? 2. How many teenagers get tattoos, and why? IV. Health Risks and prevention from tattoos A. What are the health risks of getting Tattoo’s? 1. Blood Bourne diseases 2. Skin disorders and infections 3. Allergic reactions ...
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...Chapter 1. How to Write an A+ Research Paper This Chapter outlines the logical steps to writing a good research paper. To achieve supreme excellence or perfection in anything you do, you need more than just the knowledge. Like the Olympic athlete aiming for the gold medal, you must have a positive attitude and the belief that you have the ability to achieve it. That is the real start to writing an A+ research paper. CONTENTS: STEP 1. CHOOSE A TOPIC STEP 2. FIND INFORMATION STEP 3. STATE YOUR THESIS STEP 4. MAKE A TENTATIVE OUTLINE STEP 5. ORGANIZE YOUR NOTES STEP 6. WRITE YOUR FIRST DRAFT STEP 7. REVISE YOUR OUTLINE AND DRAFT Checklist One Checklist Two STEP 8. TYPE FINAL PAPER STEP 1. CHOOSE A TOPIC Choose a topic which interests and challenges you. Your attitude towards the topic may well determine the amount of effort and enthusiasm you put into your research. Focus on a limited aspect, e.g. narrow it down from "Religion" to "World Religion" to "Buddhism". Obtain teacher approval for your topic before embarking on a full-scale research. If you are uncertain as to what is expected of you in completing the assignment or project, re-read your assignment sheet carefully or ASK your teacher. Select a subject you can manage. Avoid subjects that are too technical, learned, or specialized. Avoid topics that have only a very narrow range of source materials. STEP 2. FIND INFORMATION Surf the Net. For general or background information...
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...topic: Security Issues involved with the transition from IPv4 to IPv6-Goal for next week: have all of our research papers together to divide among the team Team Meeting #2 10/2/2013 -All team members were present -Shared research papers among the team. Discussed potential topics for next semester to get a better idea of what to include in this phase of the paper. Team Meeting #3 10/9/2013 -All team members were present. - Discussed important points to cover based on our research, and laid down a rough outline for the background and introduction. Created and shared Google docs for the outline and for collaborative list of citable resources. Goal for this week: continue research and begin filling in the outline. Team Meeting #4 10/16/2013 -All team members were present -Continued filling in the outline. -Goal for next week: Have it mostly complete! Team Meeting #5 10/23/2013 -All team members were present -Busy week for everyone. Continued filling in the outline. Team Meeting #6 10/30/2013 -All team members present. -Continued filling in rough draft. Working on continuity. Team Meeting #7 11/6/2013 -All team members were present -Mostly done with rough draft. Working to add more technical info into body. Team Meeting #8 11/13/2013 -All team members were present -Not much progress this week. Team focused on project 2. Team Meeting #9 11/20/2013 -All team members were present -Not much progress this week. Team focused on project 2. Team Meeting...
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