Do you think the Plaintiff or the Defendant will prevail & why?

  • Issue Spotter: Torts
    • Examine a civil fact pattern and determine what, if any, suits you would bring against the identified defendant & what are the required elements to prove the case. Do you think the Plaintiff or the Defendant will prevail & why?

Lex Luthor is sitting in holding after being dropped off by a particularly special resident of Metropolis. There are reports he started his day with a breakfast at Lex Corp, his billion-dollar company with offices downtown.

Something must have made him upset during breakfast, and he threw his plate at the wait staff. One of the waiters was struck in the face by the plate and burned by the piping hot omelet still stuck to the china. Lex then shouted at everyone in the room to get back to work or else they would get a plate to the face as well.

After breakfast, Lex had a seizure for the first time in his life. While flailing about, he struck a doctor that was called in to attend to him. After receiving medical care, Lex improved and went about his day.

According to reports, two hours after breakfast Lex was seen by the warehouse district in one of the holding buildings he owned. Inside, he was seen with Lois Lane in one of the back offices. He told her that if she left the room he would blow up the warehouse and her place of business, the Daily Planet. He left the door to the room unlocked, and even left the door wide open. Satisfied his threat hit home, he left to go to another one of his properties.

Later in the evening, Superman knocked down the door to Lex’s office, blowing off its hinges. Lex was about to be scooped up by Superman, and Superman shouted “you are under arrest, villain!” He then wrapped Lex Luthor in chains, picked him up, and flew him to the police station.

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Case Analysis – civil and alternative dispute resolution (ADR) process

Instructions
Case Analysis

In light of your understanding of the civil and alternative dispute resolution (ADR) process, consider the following scenario:

Pete was seriously injured when the four-wheeled all-terrain vehicle (ATV) he was driving through the trails behind his house rolled over. As a result of his injuries, Pete is unable to work and has incurred $75,000 in medical bills. Pete has filed a lawsuit against the ATV manufacturer to receive compensation for the financial harm resulting from his injuries. Pete claims that the manufacturer defectively designed the ATV, causing it to have a tendency to roll over on rough terrain.

The ATV manufacturer claims that the ATV is not defectively designed and that the rollover was caused by Pete driving at an excessive rate of speed around a corner.

Consider the steps in civil litigation and ADR, and assess the factors that Pete and the ATV manufacturer will consider when deciding whether they should settle this lawsuit. If you were Pete’s lawyer, what resolution would you advise? Be sure to consider the primary forms of ADR and all ADR factors described in the lesson and textbook.

Finally, research and select at least one case from an outside source to support your resolution to the ATV case. Include an introduction in your paper.

Your answer must be at least two pages in length. Adhere to APA Style when creating citations and references for this assignment. APA formatting, however, is not necessary.

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Did Jim and Laura Buy a Car? 

Touchstone: Did Jim and Laura Buy a Car?

SCENARIO: Jim and Laura Buyer visit the local car dealership  because they are interested in buying a new car. The car they currently  have is aging and is starting to have mechanical problems. Jim and Laura  would share the new car, and use it to go back and forth to work and  school. Before going to the dealership, Jim and Laura decide that they  can only afford $400.00 a month in car payments.

Once at the car dealership, Jim and Laura meet Stan Salesman. Stan shows  them several vehicles and Jim and Laura test-drive several of the cars.  Jim and Laura particularly like the blue 4-door sedan.  Therefore, they  agree to give Stan Salesman a $100.00 deposit to hold the car for a  day. Stan Salesman does not give them the receipt but guarantees that  the $100.00 is refundable. No documents were signed.

The next day, Stan Salesman calls Jim and Laura to ask them when they  would like to take delivery of the car. Jim and Laura, on the way home  from the dealership, decided that they were not going to buy the car  because they did not want to spend that money each month. Therefore, Jim  and Laura tell Stan Salesman that they have decided not to buy the car  and request their $100.00 deposit back.

Stan insists that the $100.00 was a deposit on the car and was meant to  be part of the contract to buy the car. Stan is very persistent and  insistent that Jim and Laura have contracted to buy the car; therefore,  the $100.00 will be applied to the purchase price of the car. Jim and  Laura are shocked and angry as not only do they not want to spend the  money, but now feel as though they are being duped by Stan Salesman.

Jim and Laura have an appointment to see a lawyer in a few days, but  know you are a student taking a business law class and come to you for  advice. They are very frazzled, and understandably upset that they may  have just purchased a car. Since you have been taking business law, you  have read and understand the elements of a contract and the defenses to a  contract. Therefore, although you are not a lawyer, you provide some  basic advice from what you’ve learned in your business law class.

ASSIGNMENT: In three to five (3-5) pages, advise Jim and Laura  based on the above facts as presented, the material provided in the  text, and material covered in the lecture. In your paper, be sure to  address the following:

  1. Define the elements of a legal contract using examples from the scenario where applicable.
  2. Decide whether or not there was a contract for the purchase of the automobile.
  3. Identify the facts from the scenario which support your decision on  whether or not a contract exists for the purchase of the automobile.
  4. Use at least two (2) quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as quality academic resources.

In order to foster learning and growth, all essays you submit must be  newly written specifically for this course. Any recycled work will be  sent back with a 0, and you will be given one attempt to redo the  touchstone.

A. Assignment Guidelines

DIRECTIONS: Refer to the list below throughout the writing process. Do not submit your Touchstone until it meets these guidelines.

1. Understanding of Contract Law

❒  Have you defined the elements of a legal contract?  ❒  Have you used examples from the scenario to illustrate these elements?

2. Case Judgment and Support

❒  Have you provided a judgment on the existence of a contract in this scenario?  ❒  Have you used specific examples from the scenario to defend your position?

3. Research

❒  Have you referenced at least two academic sources in your essay?  ❒  Have you explained how each source relates to and supports your judgment on the case?

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Human Relation – Corrections Dilemmas

Human Relation – Corrections Dilemmas

1. How is the discretion of CO’s like police officers and court personnel’s discretion?

2. Describe the role ambiguity that COs faced in the 1970s and 1980s.

3. What are the ethical issues for treatment professionals in corrections?

4. Explain the two areas where probation and parole officers have discretion.

5. What are the role types of probation and parole officers? Describe them.

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Law vs. Ethics

Law vs. Ethics 

Articulating differences between laws and ethics as applied to digital communication.

and explain why they are both important for media professionals to understand.

How can both law and ethics guide the behavior of professionals across media fields

a) Explain the differences between laws and ethics as they apply to digital communication

b) Provide examples of law and ethics related to the area of digital communication

c) Explain why both law and ethics are important for media professionals

d) Explain how law and ethics guide the behavior of professionals across media fields

Are Voter ID Laws a modern day Poll Tax?

Are Voter ID Laws a modern day Poll Tax?  Since these laws disproportionately disenfranchise minority voters, do you think that these laws significantly impact elections?

Paper should be 300 words. A 100 is given for full responses with supporting evidence and very few grammar/spelling mistakes. An 80 will be given for responses that are somewhat incomplete, lacking in evidence and/or have a several grammar/spelling mistakes. A 60 is given for responses that are incomplete (without supporting evidence) and/or have numerous grammar/spelling mistakes. And a 0 is given for no submission.

Evidence may come from the readings, lecture videos, news coverage, or external sources. Remember you should cite evidence in your text – in other words, tell me where you got your information. A separate bibliography is NOT needed.

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Construct A PowerPoint For Academy Recruits About The Proper Methods To Write Police Reports

You Are Assigned At A Police Academy As An Instructor. Construct A PowerPoint For Academy Recruits About The Proper Methods To Write Police Reports. Make Sure To Discuss The Common Mistakes And Best Practices For Good Report Writing.

There must be a minimum of 12 slides for the presentation. The first slide or title page slide doe not count towards the total number of slides. The reference page slide does not count towards the total number of slides. The entire presentation can contain no more than 5 pictures (charts and graphs). No video or audio will be allowed. No explicit or derogatory pictures/language

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How Does A Bill Become A Law

How Does A Bill Become A Law 

Provide a brief (250 words) description of how a bill becomes a law in the state of Georgia.

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Employment Law Policy Paper

Employment Law Policy Paper

Each student will submit an essay of 2,500 words or fewer on an appropriate public policy issue
related to a significant employment law topic. Will be dedicated to learning the basics of legal
research using the Nexis Uni database – which students may access without additional cost
through the library.

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Laws on Domestic Abuse / Laws on Domestic Violence

Laws on Domestic Abuse / Laws on Domestic Violence

In a 3- to 5-page paper, identify one federal and one state law (in your state) that were created in
response to the problems of domestic abuse. Explain each law in detail and its overall effects on
the issues of domestic violence. For each of the two laws (statutes) you find, provide two
examples of documented domestic violence cases that would fall under the purview of those
laws.
NOTE:This Assignment will require outside research. Use at least two credible resources beyond
the text material for each of the two laws and one credible resource beyond the text for each
case (six total resources beyond the text), and discuss how you evaluated the credibility of the
resources used. All resources should be beyond the text material. All outside resources used
should have been published within the past 5 years. Florida Laws
You may consult the Library, the internet, the textbook, other course material, and any other
outside resources in supporting your task, using proper citations and references in APA style.
Discuss how you evaluated the credibility of the resources used.

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FBI and Impact on Law Enforcement.

FBI and Impact on Law Enforcement Required: 

Trace the history of the FBI in the united states. what impact has this organization had on law enforcement.

Has to have 8 sources and the sources have to be from (.org) or questiaschools.com and has to
include a work cited page

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Criminal Law: Police Use oF Force / Police Brutality

Criminal Law: Police Use oF Force / Police Brutality / Use of Force by Police

Brief overview of topic based on evidence and personal argument and solid explanation for why topic is a contemporary issue.

Complete and thoughtful.

Minimum 2-3 strong and unbiased sources as citations/references.

Has to be a full 2 pgs and carry over 2 1/2 pgs.

Has to be credible sources

 

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Criminal Justice: Human / Civil Rights

Criminal Justice: Human / Civil Rights

Brief overview of topic based on evidence and personal argument and solid explanation for why topic is a contemporary issue.

Complete and thoughtful. Minimum 2-3 strong and unbiased sources as citations/references.

Has to be a full 2 pgs and carry over 2 1/2 pgs.

Also has to be credible sources

 

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Community Advocate

As an early childhood educator, you will be an advocate for children’s needs. As such, you should gather various resources to assist families as they nurture their child’s cognitive, social, emotional, physical, and linguistic growth.

For this assignment, create a 15-20 slide digital presentation, including slides for the title page, presenter’s notes, and references, based on the following scenario:

The child care center where you teach has hired several new teachers. Your child care director has asked you to create a digital presentation  for the new teachers to increase their awareness of various family structures they will see at the center, strategies to get families involved, and agencies at the community, state, and national level that can support families to engage in and enhance the development of their young children.

As you are developing your presentation, keep in mind that your audience has had little exposure to being a classroom teacher.

Include the following:

  • Explanation of three different family structures they may encounter in the child care center (single parent family, extended family, military family, blended family, etc.).
  • For each family structure, a description of two traumatic or stressful situations that may occur (there may be some overlap).
  • For each traumatic or stressful situation described above, provide 1-2 instructional strategies  to assist these children in their growth and development.
  • At least 2-3 strategies to encourage family involvement.
  • Explanation of at least three local, state, or national resources   available to support family structures, stress, trauma, and special family circumstances that affect learner development.

Support your presentation with 3-5 scholarly resources.

While APA format is not required for the body of this assignment, solid academic writing is expected, and in-text citations and references should be presented using documentation guidelines, which can be found in the APA Style Guide, located in the Student Success Center.

This assignment uses a rubric. Review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.

You are required to submit this assignment to LopesWrite. Refer to the LopesWrite Technical Support articles for assistance.

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Fair Labor Standards Act (FLSA)

College sophomore, Suzy Smart, works part-time in the Handi Mart convenience store near campus. The store manager requires that each clerk arrives 15 minutes prior to the start of the shift so that the clerk going off-duty can review the sales figures and cash status with replacements before leaving. The clerk going off-duty punches the timecard after this review, but the incoming clerk is not allowed to punch in until the review is completed and they have agreed that the sales and cash figures are accurate. Sometimes, this exercise takes more than 15 minutes, and no matter how long it takes, the clerk coming on-duty may not punch the timecard and start earning wages until the process is completed.

Suzy, who completed a course on labor and employment law, realizes that the store manager is violating the FLSA by not allowing the incoming clerk to punch the time clock upon arrival. She brings this issue up with the store manager, who tells her that Handi Mart’s parent corporation does not allow the store to compensate two clerks for the same period of time, no matter how brief, since this is classified by the corporation as a single coverage store. Furthermore, he adds ominously, if Suzy complains to the Wage and Hour Division of the DOL, he will probably be forced by the company to lay Suzy off, along with other part-timers, and cover the store himself for the evening shifts. He states, “You may get everyone a few dollars in back pay, but you’ll also cost everybody their jobs. Remember, some of your co-workers are single parents who need this extra income to make ends meet.”

Has the store manager violated FLSA? Explain? Explain how you would address this scenario as an HR professional.

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