...HOW TO BRIEF A CASE [OR–WHY DIDN’T I CHOOSE TO GO TO MEDICAL SCHOOL] By Dana L. Blatt, Esq. You are just about to start law school. You buy all of your required casebooks [they are about two feet thick–only “slightly” intimidating], and you receive your first assignment. You are simply told, “read the first 100 pages in each book and BRIEF all of the cases!” O.K., you know how to read [hopefully], but what does it mean to “brief” a case? You have heard of “briefcases,” but that is something that you carry around. The last time you sang at a karaoke bar someone may have asked you to be “brief,” but instinctively you know that that is not the kind of brief that is being discussed here. And you may even be wearing “briefs.” But, what is a brief of a case? For that matter, what is a case? The purpose of this article is to teach exactly what briefs are, why they are important, and how to draft them. You will learn most of the various ways to brief a case, the basic elements of each brief, and how briefs are used in various contexts. Additionally, you will read sample cases and briefs of those cases in every format. By the time you finish reading this, you will be so sick of briefs, that you will wish this writing were much briefer! So, now let’s get down to business. What is a case? A “case” starts out as a lawsuit between two or more people. The parties to the lawsuit have a trial and one party wins while the other loses (or possibly there is no...
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...PAD 525 Discussions 4, 5, 6, 7, 8, 9 & so on……. Hope this helps ! Review Texas v. Johnson. Assuming you want to sustain the conviction, make the best argument you can for how that can be reconciled with the First Amendment. Of the opinions that would have sustained the conviction, which do you find most persuasive and why? Texas v. Johnson, 491 U.S. 397 (1989), was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Gregory Lee "Joey" Johnson, then a member of the Revolutionary Communist Youth Brigade, participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas. The demonstrators were protesting the policies of the Reagan Administration and of certain companies based in Dallas. They marched through the streets, shouted chants, and held signs outside the offices of several companies. At one point, another demonstrator handed Johnson an American flag stolen from a flagpole outside one of the targeted buildings. When the demonstrators reached Dallas City Hall, Johnson poured kerosene on the flag and set it on fire. During the burning of the flag, demonstrators shouted such phrases as, "America, the red, white, and...
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...it (both on and off the Court), and provide an evaluation and critique of those perspectives. It will culminate in a defense of its own thesis. Possible topics include: • The history, functions, and uses of one of the various “technical barriers” • Scope and limits of the presidential power to pardon • Federalism as a value in the Warren and post-Warren Supreme Court • Federalism as a constitutional concept in the Rehnquist Court • How far did the Rehnquist Revolution in federalism go? • The constitutional status of the War Powers Act (1973) • The concept of Executive Privilege • Are there limits to the Court’s recent “takings clause” jurisprudence? • The impact of I.N.S. v. Chadha (1983) • An analysis of the contemporary understanding and constitutional significance of (a) the reversal of New Deal legislation by the Supreme Court, or (b) the Court Pack Scheme of F.D.R. • Congressional attempts to restrict the jurisdiction of the federal courts...
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...Internal Revenue Code (IRC), like-kind exchange can defer gain and loss from the transaction. Therefore, it may save some tax cost. However, those IRC defined this nontaxable like-kind exchange in an extremely narrow range. Conflicts of the recognition of like-kind properties often happen between taxpayer and the Tax Count. Therefore, it may hard for owner A to take this tax advantage of like-kind exchange. This paper will focus on qualification issue of like-kind exchange. It will firstly briefly show the relevant Federal Income Tax code of like-kind exchange and highlight two controversial parts when those codes applying. Additionally, several relevant cases will be analyzed to show how like-kind exchange property is qualified in real world. Those cases also give Owner A some suggestions of house exchange. Finally, based on cases analyze above, a possible exchange plan of Owner A will be explained. General Rule of Like-kind Exchange IRS Code In general, according to§1031(a), no gain of loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held either for productive use in a trade or business or for investment. Besides, property should be identified and this exchange should be completed within 180 days after transfer of exchanged property. In addition, exchange would include not only the like-kind property but also some other property...
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... investment bank, financial statements. II. Table of Content I. Cover Page1 II. Table of Content2 Abstract, key works2 III. Introduction3 IV. Statement of Problem5 V. Background12 V. Results from Research & Summary13 VI. Works Cited 14 III. Introduction United Sates financial reform dates from the last century, in 1930s’ Great Depression. To have a brief talk about US financial reform, which is a long and arduous project. Aim to reach the goal that has to include three important acts: Glass-Steagall Act, Gramm-Leach-Bliley Act, and Dodd-Frank Act. Throughout history, the financial system in US has experienced the mixed operation and separated operation processes, as well as various financial institutions and regulatory authorities continue to be perfected. US financial reform and innovation continue to promote the US economy continues to develop and progress. Next, I will briefly introduce each act in the basic level, and I will explain their historic background in Section V: * "Glass - Steagall Act" – separate the traditional banking and investment banking Before the 1930s, the US financial system was basically unregulated. Free competition is the prevailing view. At this point, the United States implemented a mixed operation system. Because the great depression had a serious impact on US...
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...another, it is easy to see why it is important to determine if the person currently possessing the instrument qualifies as a holder in due course. The basic definition is found in §3-302(a), which you should read carefully. Official Comment 4 to §3-302 makes it clear that the payee can qualify as a holder in due course in some rare situations. Normally, the payee is so involved in the underlying transaction that he or she has notice of problems affecting payment obligations, and thus cannot be a holder in due course. But the examples given in Official Comment 4 describe fact patterns where the payee is innocent of such knowledge and can therefore qualify for the protection given to holders in due course. See also Eldon’s Super Fresh Stores, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 296 Minn. 130, 207 N.W.2d 282, 12 U.C.C. Rep. Serv. 490 (1973), for an example of the payee as a holder in due course. 35 36 3. Holders in Due Course Subsection (c) gives a list of extraordinary transactions — creditors seizing instruments by judicial process, the sale of an inventoried business (a ‘‘bulk transaction’’), or the appointment of the administrator of an estate containing negotiable instruments — in which the transferee is statutorily denied holder in due course status.1 A. ‘‘Holder’’ Note first of all that in order to be a holder in due course the possessor of the instrument must qualify as a holder. This means that the instrument must be technically negotiable and must have...
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...religion, speech press, assembly, and petition, state militia to bear arms, no quartering of troops in homes, no unreasonable search and seizure, major crimes require indictment, no double jeopardy for the same crime, no self-incrimination, right to due process, right to just compensation for property taken by eminent domain, in criminal law, right to a speedy trial, to confront witnesses against one, and to counsel, trial by jury, etc (Szypszak, 2011). This paper is going to discuss the case of Korb v. Raytheon, 707 F. Supp. 63 (D. Mass. 1989) and the challenges that were faced with the constitutional rights, and discuss some other case that support the analysis of this case. Facts, Issues, & Rule: Korb v. Raytheon Raytheon was a large corporation that built equipment for the U.S. military, and Korb was an employee that was hired by the company for a brief period of time as a vice-president in their Washington, DC office. The Massachusetts Supreme Court summarized the facts of this case: In December, 1985, with Raytheon's permission, Korb joined the executive board of the Committee for National Security (CNS), a nonprofit association keen to informing the public about issues of national security and the deterrence of nuclear war. On February 25, 1986, CNS held a press conference in a Senate office building during Korb's normal lunch hour in association with the release of its annual option defense budget. Korb spoke at the press conference. An...
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...(Slip Opinion) OCTOBER TERM, 2010 Syllabus 1 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SNYDER v. PHELPS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09–751. Argued October 6, 2010—Decided March 2, 2011 For the past 20 years, the congregation of the Westboro Baptist Church has picketed military funerals to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in America’s military. The church’s picketing has also condemned the Catholic Church for scandals involving its clergy. Fred Phelps, who founded the church, and six Westboro Baptist parishioners (all relatives of Phelps) traveled to Maryland to picket the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in the line of duty. The picketing took place on public land approximately 1,000 feet from the church where the funeral was held, in accordance with guidance from local law enforcement officers. The picketers peacefully displayed their signs—stating, e.g., “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests...
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...Edith Cowan University Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorize you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. A court may impose penalties and award damages in relation to offences and infringements relating to copyright material. Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. EDITH COWAN UNIVERSITY Use of Theses This copy is the property of the Edith Cowan University. However the literary rights of the author must also be respected. If any passage from this thesis is quoted or closely paraphrased in a paper or written work prepared by the user, the source of the passage must be acknowledged in the work. If the use desires to publish a paper or written work containing passages copied or closely paraphrased from this thesis, which passages would in total constitute an infringing copy for the purposes of the Copyright Act, he or she must first obtain the written permission of the author to do so. USERS...
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...------------------------------------------------- Strategic Management ------------------------------------------------- David Jones [Type the abstract of the document here. The abstract is typically a short summary of the contents of the document.] Table of Contents Executive Summary 3 Introduction 4 Business Environment Analysis 5 Macro Environment 5 Economic Factors 6 Environmental Factors 7 Legal factors 7 Technology Factors 8 Societal values and lifestyles 8 Micro Environment 9 Bargaining Power of Suppliers 9 Bargaining Power of Customer 10 Threat New entrants 10 Rivalry firms 11 Substitute Products 11 Internal environment analysis 12 Core Competencies 12 Strategies and Implementation 14 E-commerce Strategy 14 Pricing strategy 15 Differentiating strategy 16 Location strategy 16 Challenges facing Business environment 17 Uncertainty 17 Unemployment 17 Recommendation 18 Conclusion 19 Executive Summary The purpose of this report is to identify and explain the core concepts of strategic management of a retail industry, David Jones. In conducting this research, academic journals, textbooks, David Jones’ company reports and online news are used as the sources of information. This report analyses the external environments such as macro-environment and industry environment as well as examine the internal core competencies, using PESTEL model and Porter’s Five Factors. Moreover, core strategies and their application will...
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...The Syllable John Goldsmith December 7, 2009 Contents 1 Overview and brief history 1.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . 1.2 Sonority waves . . . . . . . . . . . . . . . . . . . . . 1.3 Constituents and structure . . . . . . . . . . . . . . 1.3.1 Pike, Hockett, Fudge: the arboreal view . . . 1.3.2 Syntagmatic and Paradigmatic . . . . . . . . 1.3.3 How to parse CVC . . . . . . . . . . . . . . . 1.4 Syllable timing . . . . . . . . . . . . . . . . . . . . . 1.5 Classical generative phonology . . . . . . . . . . . . 1.6 Pulgram on the syllable . . . . . . . . . . . . . . . . 1.7 Natural phonologies . . . . . . . . . . . . . . . . . . 1.8 Flat structure . . . . . . . . . . . . . . . . . . . . . . 1.9 Metrical phonology . . . . . . . . . . . . . . . . . . . 1.10 Sonority redux . . . . . . . . . . . . . . . . . . . . . 1.11 Slots that hang from trees . . . . . . . . . . . . . . . 1.12 Government relations . . . . . . . . . . . . . . . . . . 1.13 Derived sonority . . . . . . . . . . . . . . . . . . . . 1.14 Optimality theory . . . . . . . . . . . . . . . . . . . 1.15 Must we choose between sonority and constituency? 1.16 Phonotactics . . . . . . . . . . . . . . . . . . . . . . 1.17 Onsets, codas, and word-appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
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...1/29/2015 CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, TH… Home | Databases | WorldLII | Search | Feedback Court of First Instance You are here: HKLII >> Databases >> Court of First Instance >> 2014 >> [2014] HKCFI 1891 Database Search | Name Search | Recent Decisions | Noteup | LawCite | MS Word Format | Context | No Context | Help CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET [2014] HKCFI 1891; HCA 2086/2014 (20 October 2014) HCA 2086/2014 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO 2086 OF 2014 _______________ BETWEEN CHIU LUEN PUBLIC LIGHT BUS COMPANY LIMITED (潮聯公共小型巴士有限公司) and PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR http://www.hklii.hk/cgibin/sinodisp/eng/hk/cases/hkcfi/2014/1891.html?stem=&synonyms=&query=taxi%20drivers%20occupy Plaintiff Defendant 1/10 1/29/2015 CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, TH… REPASSING OF ARGYLE STREET...
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...leadership and comment upon the adequacy of the theory Introduction On the threshold of the 21st century, organizational strategy highlights the importance of the effective utilization of knowledge and human resources (Ying, Ken and Ting, 2012). To compete in such circumstances with the rapid diffusion of information, organizations must improve employees’ professional skills and knowledge to maintain their competitive advantage to some degree. In this case, understanding the effectiveness of leadership is crucial. The evolution of leadership theories have generally transited from a stage that focused on personal features to the next, which is more dependent on the interaction between leaders and subordinates. Recently, leadership research has accentuated the effectiveness of transactional and transformational leadership (Tyssen, Wald and Heidenreich, 2014). Compared with transactional leadership, some scholars have argued that transformational leadership could result in a higher level of work engagement in a dynamic environment (Brief and Weiss, 2002). However, although transformational leaders could bring positive affect on employers’ behavior in several aspects and could also instigate a collaborative work environment, it is possible for employers to become over-reliant on them. In addition, it is undeniable that cultural values will have a pervasive influence on different aspects of management and an organization, such as the motivational consequences of leadership style, norms...
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...Sandra Carlson Business Law 3321 421 U.S. 809 Bigelow v. Virginia Facts: Jeffrey C. Bigelow was the managing editor for The Virginia Weekly, a newspaper which was published in Charlottesville, Virginia. He was charged with violating Virginia law on May 13, 1971, after printing an advertisement for a New York City agency that helped women arrange for, finance and obtain abortions. The ad print was as follows: UNWANTED PREGNANCY LET US HELP YOU Abortions are now legal in New York. There are no residency requirements. FOR IMMEDIATE PLACEMENT IN ACCREDITED HOSPITALS AND CLINICS AT LOW COST Contact WOMEN's PAVILION 515 Madison Avenue New York, N.Y. 10022 or call any time (212) 371-6670 or (212) 371-6650 AVAILABLE 7 DAYS A WEEK STRICTLY CONFIDENTIAL. We will make all arrangements for you and help you with information and counseling. 1 Specifically, Mr. Bigelow was charged with violating Va. Code Ann. § 18.1-63 (1960). The statute made it a misdemeanor to encourage or prompt the processing of an abortion "by publication, lecture, advertisement, or by the sale or circulation of any publication, or in any other manner, encourage or prompt the procuring of abortion or miscarriage". Mr. Bigelow was tried and convicted in Albemarle County Court. He appealed to the Albemarle County Circuit Court, where he was granted a de novo trial. De Novo is Latin for ‘new beginning’, so a de novo trial is a completely new trial. Typically, a trial de novo is ordered by...
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...Law 252 Business Torts — Week One Course Reading Assignment 1 Part One: The "borderland" between tort and contract. Sommer v, Federal Signal Corp., 79 N.Y.2d 540 (1992); IKEA North American Services, Inc. v. Northeast Graphics, Inc., 56 F.Supp.2d 340 (S.D.N.Y. 1999). Part Two: Introduction to the economic loss doctrine. Grams v. Milk Products, Inc., 283 Wis.2d 511 (2005). ' I have edited the cases in this attachment. Le • ' 593 N.E.2d 1365 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S2d 957 • (Cite as: 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S.2d 957) Page I .'Sommer v. Federal Signal Corp. N.Y.,1992. Court of Appeals of New York. Beverly SOMMER et al., Respondents-Appellants, v. FEDERAL SIGNAL CORPORATION et Respondents-Appellants, andHohnes Protection, Inc., Appellant-Respondent, et al, Defendant (And a Third-Party Action and All Related Consolidated Actions.) May 12,1992. OPINION OF THE COURT KAYE, Judge. substitute-initially understood that 810 wanted normal service restored. But as the brief conversation proceeded, the dispatcher became confused by the caller's repeated insistence that he would "activate" the system and the dispatcher concluded-without attempting to elicit greater clarification from the caller, or any other confirmation-that 810 wanted its system taken out ofservice. Seven to nine minutes later, Holmes began receiving fire signals from the building. However, consistent with his mistaken impression that the system was to be taken out...
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