Assignment Each student will carefully read a legal opinion (Hiett .docx

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Assignment: Each student will carefully read a legal opinion (Hiett v. Lake Barcroft Community Association). Upon reading said case, each student will complete a case brief following the instructions outlined below. After reading and analyzing the case, address the following issues: 1. Do you believe that certain topics should be ‘off limits’ when it comes to the subject matter of contracts? For example, should the Courts uphold contracts dealing with illegal issues (e.g. drugs, prostitution, etc.)? 2. Should triathlon participants be expected to honor their promise with respect to exculpatory clauses in contracts? In other words, does one’s promise ‘not to sue’ matter, despite the Supreme Court’s ruling? 3. Did you agree or disagree with the Court’s rationale in deciding the case? 4. Which authority should have jurisdiction (power/authority) over the issue of contracts and enforcement among private parties? Civil government, Church, Family, Self? 5. Reflect on the case in light of the truths outlined in the Christian worldview. Support your position using various Christian sources (e.g. Scripture, Catechisms, historic Christian Creeds, etc.). Your paper must be completed based on the following criteria:  3 full pages;  1-inch margins;  Double-spaced;  12-point, Times New Roman font; Put a title on the top line of the first page, and include your name. No other identifying information is needed. Do not include a separate cover page. Citations must be in APA format and included on a separate reference page. .

Education

Assignment Each student will carefully read a legal opinion (Hiett .docx

BBA 3210, Business Law 1 Course Learning Outcomes for Unit I Upon completion of this unit, students should be able to: 4. Demonstrate research skills using all modalities available for legal issues. 4.1 Identify the various forms of alternative dispute resolution (ADR). Reading Assignment Chapter 1: An Introduction to the Fundamentals of Dynamic Business Law Chapter 3: The U.S. Legal System and Alternative Dispute Resolution Unit Lesson Introduction to Business Law Law—a brief definition: Business law is defined law as “the enforceable rules of conduct that govern the actions of buyers and sellers in market exchanges” (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016, p. 3). Business law intersects with the six functional areas of business. These include corporate management, production and transportation, marketing, research and development, accounting and finance, and human resource management. These are the core activities in business, and the law plays a significant role in all (Kubasek et al., 2016). Law is dynamic, and in some senses, it is a living thing. This core concept requires understanding of the origins of law. Law embodies fundamental rules of behavior and the institutions of defining, changing, clarifying, refining, redefining, and applying these rules. It is the natural consequence of humans living and working together. For an ordered society to exist, there has to be a way to resolve the inevitable disputes that come up. Law can be seen as the activity of subjecting human conduct to the governance of rules. Business law encompasses the rules of conduct for commercial relationships. What are the roots of law? At some point in your upbringing, you learned the difference between right and wrong. Your home life and the experiences you had in school, church, and/or in the larger community all impacted your viewpoint on right and wrong. One way to classify law is private versus public law. Private law is for resolution of disputes between private individuals or groups, whereas public law addresses disputes between private individuals or groups and their government. Both private and public law are significant for business law. Another classification is civil versus criminal law. Civil law governs the rights and responsibilities either between persons or between persons and their government. Criminal law is the body of laws that involves the rights and responsibilities an individual has with respect to the public as a whole. A clear example of the dichotomy was displayed in the O.J. Simpson trial—O.J. was found not guilty in his criminal case for the murders of Nicole Brown Simpson and Ronald Goldman, but he was found to be legally responsible for their deaths in his civil case. UNIT I STUDY GUIDE The Nature of Law, Judicial Process, and Alternative Dispute Resolution BBA 3210, Business Law 2 UNIT x STUDY GUIDE Title Law evolves. It predates reco ...

Public International Law Vs. Private International Law

Raveesha Gupta

This document provides an overview of public international law and private international law. It defines public international law as governing relations between states, covering areas like war, peace, diplomacy, human rights, and international organizations. Private international law deals with cases that involve foreign elements, raising issues of applying foreign law or involving foreign courts. The document then discusses sources, subjects, jurisdiction, and current trends in both public and private international law.

Public international law vs private international law

Wajid Ali Kharal

Essay brief 20172018 module titlethe criminal justice process

aman39650

This summary provides an overview of the key points about jurisdiction from the document: 1. Jurisdiction refers to the power and authority of courts. There are two main types: subject matter jurisdiction, which is a court's power over certain types of cases, and personal jurisdiction, which is a court's power over individuals or property. 2. Personal jurisdiction can be established through residency, presence, or consent. States can also assert jurisdiction over out-of-state entities through minimum contacts. 3. Subject matter jurisdiction determines what kinds of cases a court can hear. Courts can have plenary or limited subject matter jurisdiction. 4. In the federal system, personal jurisdiction follows state rules, while

Executive-Legislative ConflictsThe powers of the Executive and Leg.docx

rhetttrevannion

Executive-Legislative Conflicts The powers of the Executive and Legislative branches of government are outlined in the Constitution and there is some degree of overlap, which ultimately leads to conflict between the two branches. For instance, both the president and the Congress have war powers. According to the Constitution, the president is the “…c ommander in chief of the Army, and Navy of the United States, and of the Militia of several states…” (Article 2, Section 2). Therefore, the president has the power to wage war. On the other hand, Congress has the power to declare war and controls funding for wars. Several presidents, including Presidents Truman, Johnson, Clinton, and Bush, have waged war without authorization from Congress, and thus have broken the law. When these and other conflicts arise between the executive and legislative branches of government, it is up to the courts to decide how they should be resolved. To do so, judges reference the Constitution and interpret the meaning of specific provisions when coming to a decision. To prepare for this Discussion: Review the Constitution in Appendix E in the course text, Administrative Law and Politics: Cases and Comments. Consider the powers of the executive, legislative, and judicial branches. Think about how the executive and legislative powers overlap. Review the article, “The Use and Abuse of Power: The Supreme Court and the Separation of Powers.” Pay particular attention to the analyses of the Immigration and Naturalization Service v Chadha and Morrison v Olson cases. Think about the executive-legislative conflicts evident in each case and consider how the Supreme Court resolved the conflicts. Review the article, “The Supreme Court and the Powers of the Executive: The Adjudication of Foreign Policy.” Focus on the role of the Supreme Court in resolving executive-legislative conflicts related to foreign policy. Review the article, “Conflicts between the Commander in Chief and Congress: Concurrent Power over the Conduct of War.” Pay particular attention to how the Supreme Court intervened in executive-legislative conflicts regarding war powers. Using the Walden Library and/or the Internet, research one case discussed in the readings this week, or another of your choosing that involved an executive-legislative conflict. Consider arguments made by the executive and legislative members and/or groups. Think about how the Court came to a decision, noting how the Court justified the decision, using Constitutional provisions. With these thoughts in mind: Post by Day 3 a brief description of the case you selected. Then explain the arguments made by the executive and legislative members and/or groups. Be specific. Finally explain how the Court came to a decision, using specific Constitutional provisions. Again, be specific. Note: Identify the case you selected in the first line of your post. You will be asked to respond to a colleague who selected a case that you did not. Be sur.

1 How to B rief a Case Prepared for the L eg

TatianaMajor22

1 How to B rief a Case Prepared for the L egal Studies Program Amer ican Public University System December 2013 Introduction: A case brief is a concise summary of the significance of a case. It is a bit like but with very special rules! It is a time-honored practice used throughout the legal profession and law schools. As a teaching tool, the case brief forces the student to identify and provide a written description of the most important aspects of a case. Legal precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process. and the rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to the study of law. The case brief serves as a very useful vehicle by means of which to analyze and understand judicial decisions. A case brie aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together ed on your understanding of the case. Of cour words can be useful, if used sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least several different methods or models for writing the case brief; these are based on personal preferences. In the Legal Studies Program, however, the format described here will be used for all of the case briefs which you are required to write in your courses. By using this uniform format, you will gain familiarity with the case analysis and brief writing process. opinion, rather than a mere summary. Therefore, the first step in the brief writing process is always to thoroughly read the entire case. This includes reading any concurring and dissenting opinions of members of the court. In this regard, be very sure that you are reading the entire opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is presented at one link, the majority opinion is presented at another link, etc. You need to read all portions of the opinion as all of them are relevant to your analysis of the case. For example, if there are strong dissenting opinions based on key legal points, this could predict what the court might decide in the future on similar issues. 1. Case Name and C itation: As a header on the first page of your brief, you should state citation to the case. (See Bluebook resources in the APUS library for more information about Bluebook format.) It is essential that the reader of your case brief know who initiated the litigation and who appealed. For example, in the sample case brief of the Delahanty case (see accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs (parties who initiated the litigation) and as appellants (parties who sought appellate review of the 2 legal reporter in which the opinion is found, the volume and page on which the case appears, and the year in which the case was decided. 2. Facts ...

1 How to B rief a Case Prepared for the L eg.docx

Abhinav816839

The document provides instructions for writing a case brief, which is a concise summary of a legal case. It explains that a case brief should include: 1) the case name and citation, 2) the facts, 3) the procedural history, 4) the issue(s) before the court, 5) the court's holding on each issue, 6) the court's reasoning, 7) the decision, and 8) any additional comments. The document provides an example case brief analyzing whether gun manufacturers can be held strictly liable for injuries from criminal use of their guns.

Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docx

edwardmarivel

Top of Form WEEK 5: SUPREME COURT Lesson Lesson 5: The Supreme Court "A law embodies beliefs that have triumphed in the battle of ideas.” -Justice Oliver Wendell Holmes Expected Outcomes To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions. Overview I. The Legal Framework Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand. The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases. A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues. II. The Judicial Powers According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as: · “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...

Moral, Legal, and Religious Perspectives on Social Justice. In Chapter 1 of your textbook, justice is analyzed from three perspectives, each with its own set of relevant concepts. The text includes three case studies for consideration from each perspective. Select one (only one) of these case studies as the focus of your initial post in this discussion. Then analyze the selected case study from the justice perspective which accompanies it and answer the following questions. a. If you select “Case Study 1.1 – Jacob Little and Walmart,” analyze it from the perspective of justice as a moral concept. Your analysis must address the following questions: § Did Walmart offer Jacob a just wage? Why or why not? § Was the alderman’s decision to let Walmart operate in the city just? Why or why not? § If you were the alderman, what would you do to more fully promote justice in the situation? Why? b. If you select “Case Study 1.2 – Just Desserts?,” analyze it from the perspective of justice as a legal concept. § Was the court’s sentence for Mr. Allen just? Why or why not? § Was the court’s sentence for Mr. Brown just? Why or why not? § If you were the judge presiding over both of these trials, what would you do to more fully promote justice in them? Why? c. If you select “Case Study 1.3 – Honor the Sabbath or Keep Your Job,” analyze it from the perspective of justice as a religious concept. § Did Chief Gerst treat Corporal Brown justly? Why or why not? § Did Corporal Brown act justly after his agreement with Chief Gerst? Why or why not? § If you were the Chief of TSU’s Police department, what would you do to more fully promote justice in the situation? Why? The Justice of Climate Change. In Chapter 1 of your textbook, the author identifies the possible causes and consequences of global warming/climate change as emerging issues loaded with implications for justice. He also analyzes the concepts of distributive justice, commutative justice, and retributive justice and suggests their relevance to conversations about how individuals, businesses, and nations should respond justly to evidence of global warming. These conversations are made more difficult by acrimonious debates about the quality of the scientific evidence that supports global warming hypotheses as well as the motives and integrity of various scientists on both sides of the issue. “Case Study 1.4 – Getting Warmer?” illustrates this problem. Familiarize yourself with the debate highlighted in Case Study 1.4 by reviewing the required resources for this discussion. Then apply concepts of distributive justice, commutative justice, and retributive justice to answer the following questions. a. How should the concept of distributive justice influence the response of the United States to evidence of global warming? Why? b. How should the concept of commutative justice influence your response, as an individual, to evidence of global warming? Why? c. How should the concept of retributive ju ...

Judicial OpinionsOverview After the simulation, justices writ.docx

SusanaFurman449

Judicial Opinions Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft. Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Opinions should contain the following five elements, in the following order: 1. an introductory statement of the nature, procedural posture, and prior result of the case; 2. a statement of the issues to be decided; 3. a statement of the material facts; 4. a discussion of the governing legal principles and resolution of the issues; and 5. the disposition and necessary instructions. Each of these is developed further below. Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy. Introduction The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following: 1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.) 2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined. Statement of issues The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.

Arbitration processpt1

Jim Walker

The document provides an overview of the arbitration process. It explains that arbitration involves a neutral third party (arbitrator) who renders a decision after hearing arguments from both parties. The arbitrator's authority is defined by the collective bargaining agreement and issues submitted. Preparation for arbitration involves gathering evidence like documents and witness testimony. The parties may stipulate facts and exhibits in a pre-hearing conference to streamline the process. At the hearing, each party presents opening statements, evidence, and witness testimony before closing arguments.

1. This discussion is much more straightforward where do you get .docx

ambersalomon88660

1. This discussion is much more straightforward: where do you get your news? Can you identify the leanings or inconsistencies in the content featured in your chosen media source? Please think critically and as Dr. Cornel West once said, "it takes more courage to examine oneself and corners of one's own mind, than it does to face an opponent on the battlefield"; so don't be shy, please consider the question. 2. For this final journal assignment, students must provide a short response to the following questions: 1. What facets of the prison-industrial complex do you think exist in your community? 2. Please provide a case that is currently in front of the Supreme Court of the United States that will set important legal precedent. 3. How does the Judicial Branch of government check the actions of the Legislative and Executive Branches in our system of government? .

Snyder v phelps honors

Fredrick Smith

The American Civil Liberties Union (ACLU) argues in its amicus brief that: (1) the case concerns protected free speech rather than conduct, as the jury ruled based on the content of the signs rather than Respondents' presence; (2) the case does not implicate the constitutionality of funeral protest statutes; and (3) the signs addressed matters of public concern and could not reasonably be interpreted as stating facts, so are protected even if found highly offensive, as the First Amendment does not allow limiting speech just because some find it disagreeable.

15INTRODUCTION TO AMERICAN LEGAL SYSTEMINTRODUCTION.docx

drennanmicah

The document provides an introduction to the American legal system. It discusses that there are two basic court systems: federal and state. Each has its own set of laws and courts. When advising a client, a lawyer must determine which system's laws apply. The three primary sources of law are the constitution, statutes, and common law. Statutes are enacted by legislatures while common law develops from judicial decisions. The branches of government work together, with courts interpreting statutes and constitutional provisions. Prior court decisions (precedent) guide judicial interpretation through the principle of stare decisis. The document uses hypothetical scenarios on a fictional island to illustrate issues around defining law and interpreting statutes.

Week 2 Discussion Evidence-Based Arguments.Required Resources.docx

jessiehampson

Week 2 Discussion: Evidence-Based Arguments . Required Resources Read/review the following resources for this activity: · Textbook: Chapter 3, 4 · Minimum of 1 scholarly source Initial Post Instructions Evidence-based practice requires...evidence. The careful collection of evidence is the first job of every medical practitioner, not least the nurse, who has the most extensive and intimate contact with the patient. However, it does not stop with the nurse. Whatever your role - social worker, hospital administration, human services - whether your problem is the allocation of scarce resources, where to add or cut staff, or the treatment plan for a patient, you will need to present and defend your position in a clearly structured argument For this discussion, address the following: · Explain how applying the methods of analyzing an argument can help you make and win your point. · As you collect and prepare to present your evidence-based argument, how might diagramming your findings be helpful in clearly and accurately conveying your findings? · Provide an example of how you might diagram your findings. Follow-Up Post Instructions Respond to at least two peers or one peer and the instructor. Further the dialogue by providing more information and clarification. Writing Requirements · Minimum of 3 posts (1 initial & 2 follow-up) · APA format for in-text citations and list of references Grading This activity will be graded using the Discussion Grading Rubric. Please review the following link: · Link (webpage): Discussion Guidelines Course Outcomes (CO): 2 Due Date for Initial Post: By 11a.m. EST on Wednesday Search entries or author Filter replies by unreadUnread Collapse replies Expand replies Subscribe ReplyReply to Week 2 Discussion: Evidence-Based Arguments · Collapse SubdiscussionRussell Waltz Manage Discussion Entry Opening Post Hello Class, Welcome to Week 2! You may begin posting on Day 1, which is Monday, for credit. This week, we will be discussing the difference between providing an explanation and providing an argument. Along with your textbook reading for the week, here is an additional reading to consider for this week's discussion: Archie, L. (2004). Diagramming arguments. Retrieved December 26, 2018, from https://philosophy.lander.edu/logic/diagram.html Discussion Prompt: Explain how applying the methods of analyzing an argument can help you make and win your point. As you collect and prepare to present your evidence-based argument, how might diagramming your findings be helpful in clearly and accurately conveying your findings? Provide an example of how you might diagram your findings. Remember to use an outside resource in the main post, which needs to be on or before Wednesday. Don’t forget to look over the discussion rubric as a reference when you are writing your discussion posts. If you have any questions, please post in the Q&A forum or email me. Let’s get started! Please remember to take note of the Discussion Grading ...

Case Analysis Content FormatThe case analysis must include the .docx

tidwellveronique

The document provides guidelines for formatting a case analysis, including required sections such as an introduction, case brief, discussion of background/facts, issues/answers, implications of the case, personal opinion, and bibliography. It also lists evaluation criteria such as thorough research, logical analysis, proper formatting, and minimum sources required. The sample case analysis examines issues that could arise from an entrepreneur creating websites about politicians, including infringement of copyright, right of publicity, and defamation. It analyzes similar past court cases that could set precedents in this situation.

Ambiguous Constitutional LanguageThe First, Third, Fourth, and Fif.docx

ikirkton

Ambiguous Constitutional Language The First, Third, Fourth, and Fifth Amendments imply the right to privacy through the freedom of religion and the protections against mandatory housing of soldiers, unlawful searches and seizures, and self-incrimination. However, nowhere in the Constitution does the word “privacy” exist. Since the language of the Constitution related to the privacy rights and other rights — such as the right to bear arms — often is ambiguous, it leads to one of the most fundamental tenets of democracy: discourse. This ambiguity leaves room for interpretation and according to some legal scholars gives way to the belief that the Constitution is a living document that reshapes itself to suit the changing times. While Supreme Court Justices have the power to decipher and give meaning to the ambiguous language, the implications on policy can be both positive and negative. To prepare for this Discussion : Review the article “Disentangling the Fourth Amendment and the Self-Incrimination Clause.” Consider how the courts’ interpretation of the ambiguous overlapping of the Fourth Amendment and the self-incrimination clause of the Fifth Amendment influences policymaking. Review the U.S. Supreme Court Cases District of Columbia v. Heller and Grutter v. Bollinger in the LexisNexis Academic database. Consider the impact of the Court’s constitutional interpretation in these cases. Reflect on the strengths and limitations of the Supreme Court making policy by interpreting ambiguous constitutional language. With these thoughts in mind : Post by Day 3 at least two strengths and two limitations related to the Supreme Court making policy by interpreting ambiguous constitutional language. Be specific and justify your response. Be sure to support your postings and responses with specific references to the Learning Resources. Judicial Philosophy and Establishment of Rights In the Declaration of Independence , Thomas Jefferson defined inalienable rights as life, liberty, and the pursuit of happiness. Although this statement is very vague and unclear as to what liberty and the pursuit of happiness entail, it provides rights to all citizens of the United States. Ambiguous language is used throughout the Constitution, which makes its interpretation a daunting task for Supreme Court Justices ruling on controversial cases. There are two schools of thought for interpreting the U.S. Constitution: Originalism and Living Document Philosophy. Justice Antonin Scalia favors Originalism, which means the Constitution’s interpretation should pertain to the original intent of the document. Justice Ruth Bader Ginsberg favors Living Document Philosophy, which leaves the interpretation up to the changing moral, political, and cultural climate of the times. Out of respect for the legacy of the founding fathers and the central identity of U.S. democracy, the Constitution will never undergo revision, but rather, can be amended. Originalists do not want an am.

Chapter 3 sport law

Blally6

This document discusses key legal terms and concepts related to the US legal system. It covers the differences between federal and state courts, the types of courts (criminal and civil), and common legal procedures like filing a complaint, discovery, and trial. It also discusses legal research methods and the structure of a legal memorandum. The key topics covered include the constitution, common law, jurisdiction, burdens of proof, damages, motions, alternative dispute resolution, and primary vs secondary legal sources.

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Assignment Each student will carefully read a legal opinion (Hiett .docx

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Assignment Each student will carefully read a legal opinion (Hiett .docx