...Susie Marks was seriously injured when the truck in which she was riding failed to negotiate a left turn. On the evening in question, Susie got a ride with Orson to the Elsewhere City Park, where she met her friend, Jerry, and his girlfriend, Kate. Orson said he would pick Susie up at 11:00 p.m. when the park closed. Jerry was a minor who had only been licensed to drive for a few months. He was driving a small truck, the bed of which was covered by a camper shell. At 11:00 p.m. they were approached by Officer Ruthless of the Elsewhere Police Department, who told them they had to leave the park since there was a curfew and the park was closing. Jerry and Kate got into the truck and Ruthless told Susie to get in the back of the truck. (This state allowed people to ride in the backs of camper trucks without seatbelts.) Susie told Ruthless she wanted to wait for Orson, or she could walk home, but Ruthless told her to get in the truck. Ruthless told Jerry: "Get everybody out of here," and that "if you guys don't get out of here, curfew will be enforced." After leaving the park, Jerry made two stops, one just four doors down from Susie's house. Susie did not leave the truck. Jerry lost control of his truck while making a left turn and Susie was seriously injured when the truck overturned. Approximately one-half hour ensued between the time the group left the park area and the time of the accident. Following the accident, Susie filed a complaint against the City of Elsewhere...
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...The ethics rules governing conflicts of interest are based on the duties of loyalty and confidentiality. These duties are threatened when a paralegal has an interest that is adverse to a client’s, whether personal or business one. A lawyer is responsible for ensuring paralegal conflict of interest does not exist. p. 68. NALA code of ethics Canon 8 states a paralegal must disclose to his or her employer or prospective employer any pre-existing client or personal relationship that may conflict with the interests of the employer or perspective employer and/or their clients. p. 204. A long standing rule strongly disfavors gifts from clients to lawyers, therefore the same rule applies to a paralegal. The inherent conflict in a lawyer’s dual role of adviser to a client and recipient of a gift from a client establishes this disfavor. A paralegal should be aware of this conflict leading to a challenge to the gift or allegations of unethical conduct. Especially in the case of a substantial gift from an elderly or otherwise vulnerable client. The supervising attorney would recommend the client seek advice from an independent counsel and ask the paralegal to refrain from working on the gift document. A will or trust is potential for undue influence, fraud, and overreaching. Courts frequently void both inter vivos (during life) and testamentary (after death) cases, even without showing of undue influence. An attorney may be subject to discipline for accepting such gifts (ABA Model Rule 1...
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...E. What are the criteria in considering the reasonableness of Attorney’s Fee? Sec. 24. Compensation of attorneys; agreement as to fees. - An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. F. Discuss the Moral and Legail Issues Involved CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the client's case, neither overstating nor understating the prospects of the case. Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness. CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. F.1. Moral Issue. The moral issue in the case is that Evie accepts the case even she knows that there is a little chance of...
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...LEGAL AND CONSTITUTIONAL HISTORY ASSIGNMENT BY, THAMIZHPARITHI K 14BLA1049 LEGAL EDUCATION AFTER INDEPENDENCE After independence the legal education transformed a lot in India. Independence made vast difference and rapid expansion in law in India. The Supreme Court has replaced the judicial committee of the Privy Council as the highest court in India. The High Courts are increased and the judges are also increased frequently. Law made crucial and vital role in the democratic society so not only the lawyers, the law teachers and the judges are concern about the Law and also the people who residing in our country. Law serve as the rules which is to be followed then it makes the economic and social change to the democratic country. The rule of law will be strengthened in India by promoting legal education and research in law. The lawyers are the pillars for the reformation of the society. The Constitution of India is the written guidelines for the lawyers. The Fundamental rights are the written human rights for the people so after enacting the Constitution of India in 1950 the Constitutional litigation increased. The socio-economic scene has also become active; with the ushering in of five year plans, great expansion of industry and commerce has taken place and a host of socio-economic laws have been enacted. Law is now being largely used by the people for their improvement socio-economic conditions. The public interest litigation become increased...
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...Legal Memo: Scenario #6 CRJ 550 Legal Issues in Criminal Justice Administration Catherine Scott Saint Leo University Abstract The following memo describes the events that have taken place in Saint Leo Police Department as it relates to the Sheriff’s findings in Officer Narcissus office computer. It will contain a summary of the Sheriff’s and Officer Narcissus’ actions, as well as their reactions to the other’s stance. As the special assistant to the Sheriff, the author of this compilation will provide as much detail about the legal ramifications the Sheriff may face as it relates to this situation and conclude by providing some recommendations to resolve the situation at hand. The author will back up the recommendations with laws and statutes that closely relate to the issue. Summary of Facts Per the situation presented, it has been determined that Officer Narcissus is the director of the sexual assault division at the Saint Leo Police Department; a division is comprised of male and female officers. It has been determined that Officer Narcissus, occasionally, utilizes the department’s computer for personal purposes. One of those purposes include logging into his personal Facebook account; which he has been known to posts several derogatory things, as well, acknowledge that he is law enforcement personnel. It has been brought to the Sheriff’s attention that Officer Narcissus has not only been posting indirect and/ or direct sexual posts, but expressed his dismay...
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...Legal Issues for Jane Asylum Case Kelisha Marshall Kaplan University PA401: Advanced Legal Writing MEMORANDUM To: Linda Ashar, Esq From: Kelisha Marshall, Paralegal Date: November 13, 2012 RE: Jane’s Asylum Petition | Statement of Facts Jane is only 14 years-old, she is neither a citizen of the United States nor a dual citizen of any other country. For six years Jane’s parents have shared full custody and parental rights. Jane would spend the school term with her father, John, in Quebec and school breaks and holidays with her mother, Anne, in New York. Halfway through the school break in New York, Jane telephoned her father stating she wanted to come home early. Her father encouraged her to get along with the mother until break was over. Two days after this incident, Jane left her mother’s home and never returned. Upon Anne’s arrival to her home that evening she listened to a message left by Jane stating she hated them both and was going to live with her Uncle Billy in California. John also received the same message. Rushing to the airport in effort to stop Jane, Anne was killed in a car accident. Now Jane is in California with her uncle and refuses to return to Quebec with her father. Issues Does Uncle Billy have the authority to apply for petition of asylum on behalf of Jane? Does Jane herself have the authority or right to apply for a petition of asylum in regards to the alleged exposure of being a propaganda tool? Has time elapsed for the processing of...
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...Running Head: LEGAL UNDERPINNINGS OF BUSINESS LAW Legal Underpinnings of Business Law BUS 670: Legal Environment Instructor: January 2, 2014 This assignment will fall on the presumption that I own a business, and it falls into one of the five different categories and company names as follows Tinker’s Home Security Service (sole proprietorship), Tinker & Tailor’s Home Security Service (general partnership), Tinker & Tailor’s Home Security Service (LP), Tinker & Tailor’s Home Security Service, Inc. (corporation), Tinker & Tailor’s Home Security Service, LLC (LLC). Furthermore, this assignment will focus on the fact the businesses are being sued for breach of contract and from there I will list each business and compare and contrast my liability exposure as the owner of the business in the lawsuit. Next for each of the business entities I will analyze how I might limit my liability exposure as the owner. Lastly, this assignment will cover the best business organizational form in the business; I previously described, which will include my personal liability exposure, management, taxation, and the ease of formation of said business. Compare and Contrast my personal liability exposure | Liability Exposure as Owner | Limiting Factors | Tinker’s Home Security Service | Sole Proprietorship | "The sole proprietorship is not recognized as a separate entity from its owner; as a consequence, the debts of the business are deemed to be the personal...
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...Selecting a Legal Structure Selecting an appropriate legal structure of business is essential to establish a new business for entrepreneurs. Decision making on the type of business will affect tax, legal, and accounting issues during business operations. According to Kimmel, Weygandt, and Kieso (2009) business structures include sole proprietorships, partnerships, and corporations. The purpose of this paper is to review the advantages, disadvantages, tax implications, legal implications, and accounting implications of each type of business to decide an optimal structure for a new small business proposal, named “The Green Korean Cuisine”. Sole Proprietorship “A sole proprietorship is an unincorporated business owned by one individual (Anderson, Pope, Kramer, Flowler, Joseph, Hulse, Luna, & Schadewald, 2012, p.2-2).” Sole proprietorship is easy to establish new businesses with relatively modest amount of money and the control and management are centralized to a sole owner. As a sole proprietorship, the Government grants certain tax advantages such as no tax consequences when contributing or withdrawing money and/or property to the business (Anderson et al., 2012). Anderson et al. (2012) indicated that a sole proprietorship is not a separate entity for a tax and legal implications. Owner’s income or loss and assets report on his individual tax returns. Thus preparing tax return forms for own business taxes are simpler and easier. However, the sole proprietorship allows unlimited...
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...Mathis, Inc. is a designer and manufacturer of women’s clothing and specializes in high-end women’s winter fashions. Normandale, a retailer, sells high-end products in malls throughout the country. With Mathis’s high costs, Normandale is unable to make a profit from the sale of Mathis’s products. Countess Lori-Ann (CLA) is a Mathis competitor. Normandale sends photographs and samples of the Mathis line to CLA and instructs them to make an identical line at a lower price. Mathis labels are easily discernable in the photographs and the samples have the Mathis label attached. CLA copies the Mathis line for Normandale. CLA sells the clothing to Normandale at a low price allowing Normandale to sell the products for a total gross profit of nearly $3 million, an increase of nearly 50% over its sale of Mathis products. Mathis discovers that Normandale is selling counterfeit products, and sends several cease-and-desist letters to them—to no avail. Mathis then sues Normandale alleging Normandale has engaged in illegal conduct. Normandale counters that it did nothing wrong. Research business law in regard to protection of intellectual property using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and research, write an analytical paper. In the paper, respond to the following questions: •Was it ethical for Normandale to sell the alleged knock-off products at a lower price? Explain. •What federal or state laws protect...
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...Alston v. Advance Brands and Importing Company (Page 65) 1. Given the courts reference to the rights of parents in the case of Alston v. Advance Brands and Importing Company, I do not feel there is any alternative theory. This is because, the plaintiffs cannot demonstrate that they have standing because they cannot show redressability or a remedy. 2. If Alston had been the parent of a smoker who suffered a smoking-related illness, Alston still could not allege an injury despite the fact that several different brands of the cigarettes contributed to the injury. There was no law broken by the manufacturer but by both the third-party seller and the underage purchasers. Brower v. Gateway 2000, Inc (Page 74) 1. The way that I would rewrite Gateway’s clause to be sure that it would be judged by the New York courts, would be first to not ask for arbitration before the ICC. Simply make the terms tolerable for the plaintiffs who seek protection of their rights. Furthermore, if the courts find that the defendants are liable then all fees should be refunded. 2. A. In this case the practical implication of Gateway’s loss is that their arbitration clause is unreasonable and burdensome to plaintiffs, it favored Gateway and it chose ICC as the arbitration forum. B. If Gateway had prevailed; it would have changed the cost-benefit analysis involved in deciding whether to settle the case because most of their computers cost less than the required amount from both parties. DiMercurio...
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...310.1.2-01-06 There are many different types of business organization’s that should be taken into consideration when going into or continuing a business venture. The organizations described below have many different quality’s that one must think about. Following will be the characteristics of each for a more thorough understanding. The details of each should be closely followed as each has its own unique pro and con that could be vital to a business. Sole Proprietorship Sole proprietorships are those not incorporated and owned by a single person. They are also the most common. They are inexpensive and easy to operate. They are great for small businesses that do not require large capital needs. All profits and losses are figured into the owners personal taxes. These advantages however do not outweigh the disadvantages. The business owner is responsible for all business debts. Sole proprietors are also personally liable if they cannot pay suppliers or somebody gets hurt in the business. If something were to happen the sole proprietor could lose everything they have to pay the debt. These are easy startups in almost any state with just a business license. When the owner retires or decides to do something else the business is finished. General Partnerships These are unincorporated partnerships where two or more co-owners carry on business for profit. Each co-owner is considered a partner. This organization is risky especially if the group of owners is large...
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...Legal Forms of Business Legal Forms of Business Entrepreneurs face a difficult decision in choosing a legal form of business. The preferred form of entity is dependent on many relative factors, such as the type of organization and business environment. Different forms of legal businesses have different tax, investment, and financial implications. The best-suited business calls for a thorough analysis of pertinent facts before making a decision – requiring some careful planning and strategy. This study provides an analysis of seven forms of legal business. Sole Proprietorship Sole proprietorships are fairly simple and inexpensive to create and operate. Legally, a sole proprietorship is inseparable from its owner, and therefore the owner is personally liable for business debts (Cheeseman, 2010). The tax implications for a sole proprietorship are simple. The business owner reports profits and losses on their personal tax returns. Sole Proprietorship is the preferred form of business in establishing or operating a small business where personal liability is not a big concern. Sole proprietors own businesses in many industries. Some of the more common sole proprietorships are landscaping services, housecleaning services, independent writing services, and tutoring services. * Landscapers tend to work alone or hire a small team of employees, providing landscaping services to homeowners and businesses. Sole proprietor may take on independent contracts and projects...
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...Legal Forms of Business Ismael Aguilar Business Law / LAW-531 September 10, 2012 Erica Woodford Legal Forms of Business When an entrepreneur is in desire to start a new business, the available options for the legal forms of business are somehow overwhelming. Each form of business provides different advantages and risks, a good understanding of the main aspects of these form of business is a step that the entrepreneur must complete to avoid future drawbacks. During the following paper, we will discuss different form of business, enlist some of their main characteristics, and provide examples of possible scenarios for new business where these different legal forms of business can be used. Sole Proprietorship The sole proprietorship is the most simplest and common form of business in the United States, where the sole proprietor, is the business (Cheeseman, 2010, p. 530). Some of the advantageous characteristics of this legal form of business are the low capital requirements to start the business, the easy to transfer or sell the business, the tax is reported in the owners income tax, and that the owner receives all the profits. In the risks side, the entire capital contributions can be loos if business fail, and the fact that the sole proprietor has unlimited liability, are two characteristics worth listing. Sole proprietorships are good legal form of business for small entrepreneurial projects that can be funded with the owner’s own capital and personal loans, and where...
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...Legal Forms of Business LAW 531 Legal Forms of Business The first step in a new business is to decide how the business will be structured and the first executive decision will be to choose what type of business organization is the best. There are a number of legal forms that a business can take but to make that choice the following should be taken into account. For example: the size and scope of business, the level of structure, the level of control, tax matters, profit or loss of the business, re-investment issues, etc. There are several legal forms of business: sole proprietorship, partnership, limited liability partnership, Limited Liability Company, corporation, S corporation. Sole proprietorship In a first scenario a handyman who wants to get into business which will have little paper work and set up cost. The entrepreneur doesn’t have a partner and will be running the business alone. For this scenario the best business form will be sole partnership. This is a business with one owner which means the owner and business are inseparable. In other words the owner is the business and the business is the owner. The majority of small businesses start out as sole proprietorships because it has some advantages. • sole proprietorship is easy to form and operate • least expensive form of ownership to organize • owners are in complete control, and may make decisions by themselves • the owner receives all income generated by the business • it is easy dissolve the business...
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...Legal Forms Of Business Business Law/531 September, 17th 2012 Introduction There are several forms of business an entrepreneur can choose from when starting a new business. Most organizations choose to start up with a sole proprietorship, a partnership, (LLC) limited liability or a corporation. When deciding which legal form is best for your company, one must understand how each legal form works, then choose the right one that best fits the company’s needs. If a company is unsure of which form to choose from it is best to seek some legal guidance or an accountant? Small businesses may want to start with a sole proprietorship or partnership, mainly because personal liability is not a huge concern. These two forms are less complicated and inexpensive to start up and sustain. Corporations on the other hand are more complicated, cost more and are harder to form, however depending on the small business they may want to choose limited liability instead. Making the decision when choosing between LLC and cooperation factors on, incomes tax rates, personal liability, business debts and court judgments. Franchising a business is a way to expand a small business to the next level. Expanding is never easy but the best way to start is to make sure your company has enough money to pay for the expansion. When a company decides to expand they must make sure it will be profitable and get the businesses name out there. (Elgin, Jeff. September 1st 2002) Scenario 1 Mike and John wants...
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