... PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF ITS RULE 56 MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW ISAAC Slade, JOE King, DAVE Welsh, and BEN Wysocki, individuals d/b/a The Fray, and Epic RECORDS, Plaintiffs, and move for summary judgment against Defendant Charles Washburne, and in support thereof show the following: INTRODUCTION 1. Plaintiffs are ISAAC Slade, JOE King, DAVE Welsh, and BEN Wysocki, individuals d/b/a The Fray, and Epic RECORDS; defendant is CHARLES WASHBURNE. 2. Plaintiffs sued defendant for copyright infringement. 3. Defendant answered asserting a general denial and the affirmative defense of fair use. 4. Discovery in this suit ends April 30, 2014; trial is scheduled for July 1, 2014. 5. Plaintiffs respectfully request that the court grant their motion for summary judgment and deny the Defendant’s motion. summary judgment standard 6. Motions for summary judgment are governed by Fed. R. Civ. P. 56 which provides that a summary judgment shall be rendered if the evidence properly before the court indicates that "there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." STATEMENT OF THE CASE Plaintiffs, Issac Slade (“Slade”), Joe King (“King”), Dave Welsh (“Welsh”), and Ben Wysocki (“Wysocki”) collectively known as The Fray, are all apart of an alternative rock music group signed to Epic Records. Compl. ¶ 6. They bring a...
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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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...(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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... | | | | | |Performance: | | |Use Word to type up legal briefs | | |Criteria: | | |Type up legal briefs using tool in Word | | | | | | | 3. List prerequisite skills (if any): |Some knowledge of using a computer, experience with legal briefs | | | |...
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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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...Monday, Wednesday Class #38 STATE OF LOUISIANA * DOCKET #: 10-3811 Division “J” * VERSUS * 19TH JUDICIAL DISTRICT COURT * DARRYL HUNT * PARISH OF NEW ROUGE POST-TRIAL BRIEF IN SUPPORT OF THE DEFENDANT’S MOTION FOR NEW TRIAL _________________________ TABLE OF AUTHORITIES Statutes U.S. Const. amend. XIV………………………………………………………………5 LSA-C.Cr.P. Art. 797………………………………………………………………..10 Cases Batson v. Kentucky, 106 S. Ct. 1712 (1986)…………………………………………10 State v. Jones, 09-0751, (La. App. 1 Cir. 10/23/09) (unpublished)…………………..6 State v. Prejean, 09-0878, (La. App. 1 Cir. 10/27/09) (unpublished)………………..8 Books The American Heritage Dictionary of the English Language, 101 (Fourth ed., Houghton Mifflen Co. 2009)………………………………………………………....7 Periodicals 23 S.C.Jur. Jury § 30 (2010)………………………………………………………….7 Other David Schepp, BBC, Gold Teeth Are a Gold Mine, http://news.bbc.co.uk/2/hi/business/1471097.stm (posted August 3, 2001, 4:51 p.m. GMT)…………………………………………………………………………………7 Ghetto. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/ghetto (accessed April 18, 2010)...........................................7 Nigger. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/nigger (accessed April 18, 2010)............................................
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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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...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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...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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...CIS 417 WEEK 7 CASE STUDY 3 CASEY ANTHONY TRIAL To purchase this visit here: http://www.activitymode.com/product/cis-417-week-7-case-study-3-casey-anthony-trial/ Contact us at: SUPPORT@ACTIVITYMODE.COM CIS 417 WEEK 7 CASE STUDY 3 – CASEY ANTHONY TRIAL On July 5, 2011, Casey Anthony was found not guilty of first-degree murder in the 2008 death of her daughter, Caylee. Further research this incident using quality and reputable resources. Write a two to three (2-3) page paper in which you: 1. Provide a brief summary of the background, charges, and trial of this high-profile court case. 2. Explain, from a forensics perspective, the digital evidence found on the Anthony family computer that helped the prosecutors build a case against Anthony. 3. Describe what the prosecution was unable to prove based on the digital evidence found. Indicate whether or not you think this is a common problem with digital evidence and provide a rationale for your response. 4. Explain the software issue that was found to have caused inaccurate evidence to be admitted into the trial. More Details hidden… Activity mode aims to provide quality study notes and tutorials to the students of CIS 417 Week 7 Case Study 3 Casey Anthony Trial in order to ace their studies. CIS 417 WEEK 7 CASE STUDY 3 CASEY ANTHONY TRIAL To purchase this visit here: http://www.activitymode.com/product/cis-417-week-7-case-study-3-casey-anthony-trial/ Contact us at: SUPPORT@ACTIVITYMODE.COM CIS 417 WEEK...
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...------------------------------------------------- INTEROFFICE MEMORANDUM CASE BRIEF INTEROFFICE MEMORANDUM CASE BRIEF To: Mr. Dudley Knox; Introduction to Law LGLA 1311-51001 From: Monica Holland Date: Friday October 24th 2014 IN RE: Introduction to the American Legal System Eighth Edition; Schulze, Patterson Upper Saddle River, New Jersey ------------------------------------------------- Assignment: I have been asked to brief a criminal case of my choice. It must be briefed on two headnotes, and one dealing with the Penal Code. The case must be 2010 or newer. The format of the brief needs to be like the Bruni case on pages 313 & 314. CITATIONS: DESORMEAUX v. STATE Cite as 362 S.W.3d 233 (Tex.App.-Beaumont 2012). PARTIES: Leo Thomas DESORMEAUX IV, Appellant here, v. The STATE of Texas Appellee here. OBJECTIVES OF PARTIES: The people want to convict and punish defendant for capital murder and injury to a child. Defendant DESORMEAUX wants to appeal the courts decision. THEORIES OF LITIGATION: 1. TRIAL: The People sought to prosecute and punish DESORMEAUX for the conviction and punishment of both crimes in the same trial. (The legal theory that justifies the bringing of both the conviction and punishment is sought in the same trial. The opinion does not list two separate the two crimes, instead they are keeping them combined for one big punishment as opposed to two.) Because DESORMEAUX is appealing the courts ruling, we can assume that the...
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...PAGE OF THE ASSIGNMENT AND SECTION NUMBERS FOR EACH GROUP MEMBER. LATE ASSIGNMENTS ARE NOT ACCEPTED. Attend the trial of your choice (civil or criminal) at the B.C. Supreme Court at the Law Courts at 800 Smithe Street, Vancouver for at least one hour and then answer the following questions in approximately 1,200 words. . DO NOT go to Chambers Hearings, Bail Hearings, Sentencing Hearings, Small Claims Court and cases that are being heard by the Court of Appeal. 1. Where possible, state the following regarding the trial you watched (this part may be answered in point form) * The name of the case (x v. y) * The date(s) you attended * The name of the Judge hearing the case * The names of the lawyers for each party * A brief summary of what was going on in the trial while you were watching. 2. From your observations and from what you have learned in class about trials, would you say that trials are more co-operative or adversarial in nature? 3. From your observations and from what you have learned in class would you say that the processes and procedures used by the courts are a good way to arrive at the “truth”? Explain, with reference to specific examples, from the trial you watched. If you don’t think the process is a good way to arrive at the “truth”, please provide possible alternatives. (Please remember that the trial will begin with an opening statement given by the plaintiff, then the plaintiff will begin direct examination of...
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...higher court to over-turn a lower court’s decision. An appeal is also a defendant’s way of challenging the court’s decision. In the Criminal Justice system, an appeal takes place when an offender “tried in court”, is found guilty, later sentenced or someone who is already convicted and incarcerated may be released from incarceration or a sentence vacated if the prison term has not commenced with a successful appeal. A sentence can be vacated via an appeal, or reduced even after the sentence has begun. In Federal court, the attorney or offender files a brief(s) in support of their motion 2255 to vacate the sentence. In Europe, they follow a different standard as follows: But it is as well to remember, for example, that while article 6 of the European Convention on Human Rights,agreed in November 1950, guarantees you a fair trial, it does not guarantee you a right to appeal against the outcome of that trial. The right of appeal is to be found in article 2 of the Seventh Protocol to the Convention which was only agreed so 34 years later, in November 1984. So, even in the legal thinking of the modern world, appeals are something of an additional luxury, (What are Appeal Courts for?, 2004). The following are permissible grounds for appeal. (a) The Commission relied on erroneous information, and the actual facts justify a different decision. (b) There was significant information in existence but not known to me at the time of the hearing, and...
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