...Interview – To be used for Unit 4 and for Legal Memorandum (Units 6-9) Notes from Client Interview: Natalie Attired 23 years old Grew up in Albuquerque, New Mexico Attended private schools through 12th grade After graduation in 2007, spent a year in Europe, mostly Paris Returned from Europe in 2008 and enrolled at New Mexico State University, planning to major in Early Childhood Education. After a couple classes, found out that she didn’t like working with small children and reconsidered her career plan. While she attended NMSU, she often went to a local bar called Skully’s, which catered to a mix of college students and members of the local biker community. At Skully’s, she met a 30 year-old man named Zeke Teller, who was a member of the Los Calambres Motorcycle Club. Zeke had three children from three previous relationships. In early 2009, Natalie began riding on his motorcycles and after a few months of hanging around the club became Zeke’s “old lady.” After attending NMSU for one year, Natalie dropped out of school in May 2009 and began working as a waitress at Biddy’s Tea House and Croissanterie in Truth or Consequences, NM. Biddy’s has been in business for over 20 years, and is run by Biddy Baker, age 60. The restaurant serves tea, sandwiches, scones, and desserts. No alcohol is served in the establishment. Biddy’s evaluates waitress’ performance every three months. Natalie received four evaluations while she worked there (attached). There is no employee manual or written...
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...LEGAL MEMORANDUM To: From: Nimrod Vigilance Date: 8/26/2012 Subject: Natalie Attired Unemployment Compensation Claim Facts: In May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations, which showed constant improvement and no reprimands. In June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo and she was terminated on that Friday for misconduct. In July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”. Ms. Biddy Baker stated that there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also failed to provide any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was the names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo. Issue: The issue in this case is whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by New Mexico Statute §51-1-7. Brief Answer: No. Ms. Attired’s...
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...of misconduct was based off of District Court decisions in which justified Rodman’s actions towards the situations being that she was on limitations at her place of employment and no interest in her employer’s interest. Disposition: The decision from the District Court was to consider Rodman demonstrating a willful disregard for her employer’s interests. This caused her to have misconduct and not get her unemployment compensation benefits. Leaving the District Court decision to be affirmed. Analogizing Distinguishing: There was an analogy between the Rodman case and the client Natalie Attired statement which was that the termination was for misconduct and was ineligible for unemployment just as Rodman was denied benefits due to her misconduct. The distinguishment qualities of the Rodman case and client Natalie Attired is that Rodman was reprimanded 3 times prior to termination and Natalie never was...
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...To: Attorney Valdes From: Paralegal Goines Date: 01/06/2016 Re: Natalie Attired claim for wrongfully withholding unemployment compensation against (NMESB) Memorandum Statement of Facts Natalie Attired was an employer at Biddy’s Tea House for three months. She asked another waitress about getting a tattoo. The waitress advised her not to get it where it would be visible or she would be fired. The waitress that gave her the advice was working there for ten years. Natalie did not take the other waitress advice and still got the tattoo. The tattoo was not fully covered by the uniform. The tattoo covered her entire upper right arm. The length was shoulder to elbow. Biddy Baker was not pleased with the tattoo. He asked her to remove the tattoo if she wanted to keep her job. Natalie refused. After the week was finished she was given a termination notice. She applied for unemployment compensation but was terminated for “misconduct”. Questions Presented * Can Natalie Attired file a claim against New Mexico Employment Security Board (NMESB) for wrongfully withholding her unemployment compensation? * Should Natalie be able to receive unemployment compensation? Answers Briefed * No, Natalie cannot file a claim because she was technically in the wrong. She knew that the tattoo was not a good idea for the environment and was warned. * No, Natalie was terminated for “misconduct”. She also was proven to show actions of misconduct. Applicable Statute ...
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...SAMPLE LEGAL MEMORANDUM TO: Professor Pruitt FROM: Cristopher L. Butler DATE: 6-26-2012 SUBJECT: Natalie Attired Unemployment Compensation Claim. STATEMENT OF FACTS July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”. May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations ( attached), which showed constant improvement with no reprimands. June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo,she was terminated on that Friday for misconduct. Ms. Biddy Baker has stated there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also has not provided any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo. ISSUE/QUESTION PRESENTED 1. The issue in this case is whether Natalie Attired’s failure to remove her tattoo when instructed by her employer to do so constitutes “misconduct”...
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...Unauthorized Practice of Law Regina Johnson PA253: Legal Ethics Professor Craig Dorne April 22, 2012 Abstract The purpose of this paper is to clearly establish and sustain a viewpoint of UPL (Unauthorized Practice of Law) in the state of Tennessee. The facts state that Mr. Stan Smith calls his friend, Polly Paralegal, and leaves a message asking, “Do the grounds for divorce in Tennessee include adultery?” Later that day, Mrs. Stan Smith calls Polly Paralegal and leaves a message asking, “Do I have grounds for divorce in Tennessee? I just found out that Stan committed adultery.” Questions: 1. If Polly Paralegal answers Mr. Smith’s question, will she have engaged in the unauthorized practice of law? Explain and support your answer with information for at least one authoritative reference source. 2. If Polly Paralegal answers Mrs. Smith’s question, will she have engaged in the unauthorized practice of law? Explain and support your answer with information for at least one authoritative reference source. Unauthorized Practice of Law What is the unauthorized practice of law? What does a paralegal do when they answer friends’ questions? Is Polly Paralegal committing UPL is she gives advice to her friends Mr. and Mrs. Stan Smith? By state statutes and ethics codes and the ABA Model Rules, attorneys are prohibited from aiding in the unauthorized practice of law and have an obligation to supervise their legal assistants and paralegals to ensure that they are not...
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...The focus of this critique is on the film Black Swan, directed by Darren Aronofsky and starring Natalie Portman, Mila Kunis, and Vincent Cassel. A movie about a young woman’s consuming desire for perfection as a ballerina in the role of a lifetime. Throughout this film the mise-en-scene was raw and grainy with diverse camera angles that gave an out of control feel that added to the instability within the scenes. As the film progresses the viewer becomes increasingly unsure of the reality that the Nina character is experiencing. The tight quarters of the sets, apart from the practice room, emphasized and helped to showcase the pressure at the studio and the controlling atmosphere at home. The editing in this film was linear and showed the gradual and increasing mental instability of Nina. At times it was difficult to know where in her mental decline she was at and what she was experiencing versus what was only in her mind. Had the film been edited in a nonlinear fashion it would have added a tremendous amount of confusion for the viewer and destroyed the continuity of her experiences and gradual mental deterioration. Sound is effectively used in scenes depicting the reality of particular events. The harsh sounds of the cutting and clipping of Nina’s fingernails sounded like the snapping of small bones. The sound of grinding the bottoms of the ballet slippers in the resin box, the scraping, scratching sound of the knife slicing the bottoms of the shoes were...
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...Which one is better ? Movie VS. Book What if you could live forever? What if nothing killed or hurt you? In Tuck Everlasting, the Tuck family deals with just that because they drank some magic spring water that won’t let them die. The story started as a book, then was made into a movie. Personally I like the movie better, but you will have to read the book and watch the movie to see which one you like better. The book and the movie have a lot in common but there are also many differences. One similarity is in both the book and movie there is a frog which in the “convinces” Winnie to run away. Winnie is “kidnapped” by the Tuck family who really don’t kidnap her, but instead are wanting to explain and tell her that they can’t die and...
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...Natalie Portman Natalie Portman is a unique individual as am I. No matter what movie she was in she put her education first. She also plays very active roles in FINCA International, which promotes micro-lending to help small businesses in developing countries. She advocates for animal rights and is a very strong supporter for the Democratic party and campaigned for President Barack Obama. She has launched her own line of footwear and has been a vegetarian since she was young. She shows me that no matter what you have going on in your life you can make time for your education and support what you believe in. She faced many obstacles, mainly from her demanding acting career. When she moved into the dorms at Harvard many people expected her to do be in the upcoming prequels to Star Wars but in an interview in 1999 she stated she would not act for the next four years to concentrate on her schoolwork. So she could study for her final exams in high school she skipped the premiere of Star Wars Episode 1: The Phantom Menace. Amidst her acting career she graduated top honors in high school and pursued a degree in Psychology at Harvard College. Even though acting make her money she made sure to schedule any movies she did around her education. Natalie told the New York Post, “I don’t care if college ruins my career, I would rather be smart than a movie star.” Natalie Portman obviously values her education more her movie career. I haven’t found a lot of articles that exactly explain...
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...Michael Bennett Page 1 Dr. Alla Boldina ENG 110-60 REVOLUTION AND ROMANCE Creedy: “Why won’t you die!?” V: “Beneath this mask is more than flesh…there are ideas. And ideas are bulletproof.” With these words, the film, “V for Vendetta” dramatically demonstrates the power of ideas to challenge and overcome the evil of oppression. In film critic Robert Ebert’s review of “V for Vendetta,” he notes the power of ideas, especially the belief that people should not be afraid of their governments, but rather that governments should be afraid of their people. Although Ebert questions the necessity of fear, and believes that governments and people should be able to happily co-exist, I think he trivializes the significance of the film’s message. Although it is an in-depth, well written look at the story, it is one-sided. He gives credit to a novel written by Allen Moore in 1983, on which the film is based, and compares “V for Vendetta” to other movies and stories. The main character, V, is described in detail, and Ebert explains his purpose in the story. The other characters, however, are not mentioned very much, leaving the reader a bit blank. I appreciate that he mentions the main idea of the film, and is generous with quotations. I do fin d his criticism a bit excessive, as he puts down the mask that V wears because the lips don’t move and his vision would be obstructed. Ebert seems biased on behalf of London’s architecture, as he expresses his disappointment...
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...Patriotism and Toby Keith Ever since 2001, America has gone though many different moods. The mood of the society is often portrayed through music. It is hard to believe that music can have such a large impact on society, but I think society has impacted music. Tragedies and victories throughout history have impacted musical artists and how they express themselves. This is because artists use their voice to express their feelings. People most often accept the music because they feel the same way but do not know how to express their true emotions. Music provides a distraction from these feelings if the artists can capture the current feeling of society into a song. The few artists who are able to do this are among the most popular in history. One artist that represents the emotion of America after the tragedy of the suicidal bombing of the twin towers on September 11, 2001 is country singer Toby Keith. On September 11, 2001, the unexpected occurred when the two world trade centers, now American symbols of hope, faith, and commitment, were destroyed by terrorist bombs. Commitment to your country. Commitment to patriotism. As history is bound to repeat itself, it was time for a new musical artist to capture the hearts of the American people and provide a distraction from reality and a sense of hope for society to believe in. One of the few artists that emerged from the rebel of war was Toby Keith. Although communication researchers predicted that hit songs immediately following...
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...“The Mysterious Death of Natalie Wood” Even though the coroner ruled Wood’s death accidental at first, the investigation was reopened and ruled “undetermined,” causing speculation. Evidence leads researchers to believe that her death was not an accident, but proves that she was killed by her husband, Robert Wagner. This shows that Natalie Wood’s death a murder, Walken was incapable of killing Wood the night of her death, and Wood was indeed murdered by her husband Wagner. Evidence lets us clearly see that Wood’s death was not accidental, but a murder. The original ruling of Wood’s death was declared an accidental drowning, this information was shortly announced after her death on November 29, 1981. Although facts supporting this idea of an accidental drowning are close to none. From a very young age Natalie Wood had been terrified of water up until the night of her death. Some argue that in her state of drunkenness she willingly got into the water although she did not know how to swim. “there is speculation that she fell into the water while attempting to secure the dinghy. However the author believes this is unlikely due to the fact that Natalie Wood has a lifelong fear...
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...The book Tuck Everlasting may only be 137 pages long, but in those pages is beautifully written literature that has given me a new perspective on being immortal. In the short novel by Natalie Babbitt we learn that maybe being immortal isn’t all so great. We learn that a family has drank from a spring that will make you immortal. This family, whose name is the Tucks, drank from a spring and without knowing until later that it made them immortal. They don’t like being immortal because part of living is dying, and you will never fully understand that until it has been taken away from you. The theme of Tuck Everlasting is that being immortal isn’t all that it seems. Even when the Tuck family is immortal, they don’t want to be because they have...
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...This book has been my favorite book I have read all year. This book makes you feel very many different emotions. You could feel scared, sad, and happy. It also has a lot of action and also may have a little hint of romance. This book will have you on the edge of your seat until you finish it! Tuck Everlasting is the story of a young girl named Winnie and a family whom she meets on her journey, the Tucks. The Tucks have a secret, they are immortal. This secret has to be kept within their family or they could be in trouble. They became immortal when they drank from a spring that was actually a fountain of youth! Until the end of time, they will be young. This story takes place in a village, but also in the Treegap Woods. It...
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...The story, The Return of Martin Guerre was published by Natalie Zemon Davis as she was going through a rough point in her life due to the communism over take in society at this point. She was forced into house arrest because of her husband, however she eventually made the best of it by writing this novel. The Return of Martin Guerre is based on an actual historical case during 16th century France. The story of Martin Guerre was based upon a man named Martin Guerre who was fed up with family life and left his wife and two kids. After some time a man claims to be Martin Guerre, but is actually an imposter, named Arnaud. The rest of the story is about how Arnaud is taken to court by Pierre and other village people claiming he is an imposter, but at the same time how Martin’s wife, Bertrande doesn’t know that Arnaud is her husband. In conclusion the real Martin comes into the court case and then everyone knew it was the real Martin because of the peg leg he was supposed to have while he was away. This novel has gotten great admiration for the excellent writing with the historical evidence that is presented in the novel. Though Davis’s book was widely accepted some disagreed such as one historian by the name of, Robert Finlay. Once he read the novel he writes an article opposing it, entitled, “The Refashioning of Martin Guerre” he describes it as a romantic novel, that is full of drama, he says that it is more of a film than an actual novel because of its different view and lack...
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