...Olga Tikhonov Kaplan University PA205-01: Introduction to Legal Analysis and Writing Unit 4 Assignment CASE No. 1. Billie J. Rodman v. New Mex. Emp't Sec. Dep't & Presbyterian Hosp., 764 P.2d 1316 (N.M. 1988) Facts: Claimant Billie J. Rodman was employed as a secretary at Presbyterian Hospital as a secretary, was terminated and later denied unemployment benefits. She was terminated after 8 years of employment following a third corrective action. Rodman was previously placed on restrictions due to personal problems adversely affecting her work. Rodman was reprimanded for the first time for receiving too many disruptive phone calls and visitors at her work station. The phone calls and visitors were negatively impacting her work and co-workers testified she would slam charts and be abrupt with the people she worked with. The disruptive phone calls continued and she was issued a second reprimand and warned that her job was on the line. On the day of her third reprimand Rodman had gotten into an argument with her ex-boyfriend about her car and received many phone calls that day. Additionally her ex-boyfriend showed up at the hospital which resulted in a torn shirt and security being called to step and assist with the situation. After the incident the phone calls continued and it was determined that Rodman should be sent home and subsequently terminated. Claimant was denied unemployment compensation on the basis that she was unwilling to restrict her personal contacts...
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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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...Program Design Plan 1. Program Name |Word for Legal Administrative Assistants | 2. Program objective: | |Conditions: | | |Training room with computers, a projector, and a laptop | | | | | |Performance: | | |Use Word to type up legal briefs | | |Criteria: | | |Type up legal briefs using tool in Word | | | | | | | 3. List prerequisite skills...
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...IN UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 11-0369 BOB LOBLAW, Appellant v. MAGGIE LIZER, Individually and in her Official Capacity as Assistant United States Attorney, Southern District of New York, Appellee BRIEF FOR THE APPELLANT ON APPEAL FROM THE UNITED STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Counsel for Appellant 601739 2072 5th Ave. Suite 43 New York, NY 10292 TABLE OF CONTENTS TABLE OF CONTENTS ……………………………………………………………….....i TABLE OF AUTHORITIES ……………………………………………………………..ii QUESTION PRESENTED ……………………………………………………………….1 STATEMENT OF THE CASE …………………………………………………………...2 SUMMARY OF THE ARGUMENT …………………………………………………….6 ARGUMENT ……………………………………………………………………………..8 I. A government employee is entitled to constitutional protection under the First Amendment when the speech in question addresses matters of public concern and does not adversely affect the employer’s operations and functions …………………8 A. A government employee’s speech must contain matters of public concern in order to be protected under the First Amendment ……………………………9 B. If an employee’s speech addresses matters of public concern, the employee must show that the speech did not cause a disruption to the functionality of the workplace ……………………………………………………………………11 CONCLUSION…………………………………………………………………………..15 CERTIFICATE OF SERVICE...
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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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...Q10. Texas Judicial Opinion Case name: Thompson v. State, January 24, 2014 Case number: 04-12-00557-CR Facts: Lorenzo Thompson was charged with Capital Murder after attempting to commit robbery at a gas station in San Antonio, Texas on April 12, 2010. Thompson purposely caused the death of Vanessa Pitts by driving erratically to cause Pitts to be thrown from the truck he was driving. Thompson stole Pitt’s purse from her car while she was fueling up and she chased after him attempting to retrieve her purse. During the pursuit, Pitts jumped onto Thompson’s running boards on his truck while Thompson began to swerve in and out of traffic and eventually threw Pitt’s off of his truck. Thompson never stopped after Pitt’s was flung from his truck and Pitt’s died from injuries from being thrown from the truck. Issues of Law: 1. Is there enough evidence to prove that Thompson should be charged with Capital Murder? 2. Should Thompson be charged with a lesser charge such as Manslaughter or criminally negligent homicide instead Capital Murder? Statute: According to Tex. Pen. Code Ann. § 19.03 (Vernon) in the State of Texas, an individual can be charged with Capital Murder if “(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);” Tex. Pen. Code Ann. § 19.03 (Vernon) ...
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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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...NewCorp Scenarios Legal Brief LAW 531 April 16, 2012 NewCorp Scenarios Legal Brief Question 1: What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights? Answer: State of Vermont is an “at-will” employment state. The definition of “at-will” means the employer or employee can terminate the contract at any time without liability to other party. This gives NewCorp the right to fire, hire, or terminate for any or no reason as long as it is not illegal. When the employer terminates the contract it is a revocation of authority and when the employee terminates the contract it is renunciation of authority. NewCorp used revocation of authority to discharge Pat and did not violate any rights. Pat acknowledged that the contract he signed clearly said that NewCorp observed employment at will with respect to discharge. Written employment agreements are always enforceable in the court of law (Cheeseman, H. (2010). On the other hand when Pat signed and accepted employment he received the NewCorp personnel manual. In the manual he found that NewCorp has the policy or process in place for dealing with unsatisfactory employees. This gives Pat an implied impression that NewCorp “at-will” policy is limited. If Pat gets legal help and shows that he relied on the provision of the manual in continuing his employment with company or that the law of promissory estoppel applies, Pat could...
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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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...Griggs V. Duke Power On December 14, 1970 in Draper North Carolina thirteen African Americans were represented by Griggs in the first legal law suite of its kind. Duke Powers reserved the good jobs for the white employees. There were extreme differences in wages and jobs. Also, there were standardized tests required to be taken by potential employees or employees who wanted promotions. The courts ruled that the tests did not pertain to applicant’s ability to perform the job. This case was pivotal to the workforce because people started taking the EEO more seriously. It helped with all aspects in HR, this case embraced the disparate impact which knocked down the barriers of equal opportunity employment. It set a foundation of how we should hire people and what is a fair acceptable way of doing recruiting. Harris v forklift system Inc. Teresa Harris was a manger for forklift systems, Inc. She had serval times been harassed by her president, Charles Hardy. She had been insulted on several occasions in front of other employees. After, promising that the harassment would end, Hardy comments got even worse. The courts saw this as fair unlikely grounds for a sexual suit. This plays an important part in HR because sexual harassment is very big issue in the workplace. This case really shows that one person can’t define harassment, it’s different in everyone’s eyes. Taxman V. Piscataway Board of Education The school had to lay off an employee. The board had a choice between...
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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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...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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...The Australian legal system has not given the first land owners fair and just human rights but recently Indigenous Australian customary laws have started to be acknowledged. When the British Empire colonised Australia, the sovereignty of Native Australians were not recognised (Mabo v Queensland [1992]). Along with land rights, their right to hunt and fish have also been restricted which could account for the overrepresentation of Indigenous Australians in prison. “[Their] right to pursue a traditional lifestyle, a right recognised by the Commission’s Term of Reference, [which] implies a right to use the land to forage and gather food for consumption,” (Recognition of Aboriginal Customary Laws, 1986) has been overlooked. Aboriginal Australians...
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