Contracts
A contract
is based
on promises
voluntarily
made
Do all
promises
give rise to
contractual
obligations?
OfferAcceptanceConsiderationCapacityLegality
Unilateral and bilateral Expressed and impliedValidVoid and voidableUnenforceable
PROMISE
FOR AN
ACT
Reward is
an example
PROMISE
FOR A
PROMISE
ART AGREES TO PAINT HOUSE AND BOB AGREES TO PAY $1,000.
Bill and Linda meet at a party. He was
74, and she was 49. A month later, they
started to talk about marriage. Linda was
concerned about quitting her job, and Bill said he would give her whatever she needed. One day, she walked into the bathroom with a handwritten note containing financial terms for a marriage, and he signed it. They got married, but Bill filed for divorce 1 ½ years later.
What is the issue?
Does the contract given to and signed by the husband in the bathroom constitute a valid and enforceable agreement that was freely
entered into?
What kind of agreement was it, unilateral or bilateral?
It was unilateral because it was an agreement to marry.
How did the court rule?
To be enforceable, the agreement must be freely entered into without duress or undue influence. When marriage is contemplated, the parties must do so knowing of the assets of the other. In this case, the parties never disclosed their assets, liabilities or income. The husband also never had the chance to consult an attorney. Therefore, the agreement is not enforceable.
Stated in direct
termsCan be written
or oral
I will sell you my sports car for $25,000
When you
go to the
doctor, you
impliedly
agree to pay
for services.
Plaintiffs cared for the decedent for
several months before he died. They
claimed they were promised payment
for services. Defendant maintains that
they are a family member so services
were gratuitously rendered.
Contract implied-in–fact is to prevent
unjust result. Normally, there is a presumption
that services rendered by a family member
are free. However, contract may be implied
when service are performed with expectation
of payment. In this case, plaintiffs can point
to no evidence that they agreed upon a
price with the decedent, what form
payment would take, or when payment
would be made, so a contract should
not be implied.
Satisfies all
requirements of
an enforceable
agreement
Binds one party
but gives the other
option to withdraw
Element of
contract has
no legal force
or effect
ILLEGAL
CONTRACT
Satisfies elements of
a valid contract but
won't be enforced
by court
Most contracts
are oral in nature
and can be enforceable.
The major problem with oral contracts is proving the existence of the agreement.
Oral contracts require the courts to assess the credibility of the parties.
Are agreements where
people pool their money
to buy l.
The document discusses various ways in which a contract can be terminated, including revocation, rejection, lapse of time, death or change of status of a party, and failure of a condition. It also covers capacity to contract, including discussing minors, married women, persons of unsound mind, corporations, prodigals, and insolvents. Various other elements of a valid contract are explained such as intention to create legal relations, consideration, causation, adherence to legal formalities, and factors that can invalidate a contract.
The document discusses key elements of a contract, including offers, acceptance, consent, and validity. It provides definitions and examples of:
- What constitutes a valid offer and how offers can be terminated
- The requirements for valid acceptance of an offer
- Factors that can invalidate consent such as coercion, undue influence, fraud, and misrepresentation
- Specific definitions and illustrations of coercion, undue influence, and fraud
The document examines these various components of a contract in detail with applicable laws and examples to comprehensively cover the essential elements and requirements for forming a valid contract.
A contract is defined as an agreement that is enforceable by law. The key elements of a valid contract are an offer, acceptance of that offer, lawful consideration, lawful object, and mutual consent between competent parties. Not all agreements are considered contracts - an agreement must meet additional requirements of enforceability and intention to create legal obligations to be a valid contract. Common types of agreements discussed include valid contracts, void agreements, voidable agreements, and invitations to treat which are not considered offers. Key aspects of forming a valid contract center around offer, acceptance, and consideration.
The document discusses key aspects of contract law in India such as the definition of a contract, essential elements, and validity requirements. It provides definitions of a contract from various sources and explains that a valid contract requires [1] agreement between competent parties, [2] lawful consideration, and [3] intention to create legal relations. The document also discusses concepts such as offer and acceptance, free consent, mistake, and effects of coercion, undue influence, and fraud on the validity of agreements.
Introduction to Civil Obligations: Agreementspaulwhite1983
This document provides an overview of elements required for a valid contract. It discusses the key elements of offer, acceptance, consideration, and capacity. For a contract to be valid there must be an offer and acceptance, the acceptance must match the offer. Consideration, meaning both parties receive some benefit, is also required. The parties must have the legal capacity to enter into the contract. Various cases are referenced that illustrate applying these requirements.
The document defines key terms related to contracts under the Indian Contract Act such as proposal, promise, promisor, promisee, consideration, agreement, void agreement, contract, and voidable contract. It then outlines the essential elements for a valid contract including offer and acceptance, consideration, capacity of parties, consent, legality of object, writing and registration, certainty and possibility of performance. Finally, it discusses different types of contracts, agreements, quasi-contracts and key principles of offer, acceptance and consideration.
Contracts are legal agreements that are enforceable by law. There are six key elements required for a valid contract: offer, acceptance, genuine agreement, capacity, consideration, and legality. Contracts establish obligations between parties and protect their rights, which is why they contain detailed terms and requirements to prevent fraud or disputes over agreed upon terms.
This document discusses consideration and the essential elements required for a valid contract. It defines consideration as the price for which a promise is made. An example is provided of a sale agreement where the factory price is the consideration. Essential elements of consideration include it being real, moving at the desire of the promisor, and not being something the promisor is already bound to do. The document outlines different types of consideration like present, past, and future consideration. It also discusses capacity of parties, void agreements, and factors like coercion, undue influence, fraud, and misrepresentation that can invalidate an agreement due to lack of free consent.
The document discusses various ways in which a contract can be terminated, including revocation, rejection, lapse of time, death or change of status of a party, and failure of a condition. It also covers capacity to contract, including discussing minors, married women, persons of unsound mind, corporations, prodigals, and insolvents. Various other elements of a valid contract are explained such as intention to create legal relations, consideration, causation, adherence to legal formalities, and factors that can invalidate a contract.
The document discusses key elements of a contract, including offers, acceptance, consent, and validity. It provides definitions and examples of:
- What constitutes a valid offer and how offers can be terminated
- The requirements for valid acceptance of an offer
- Factors that can invalidate consent such as coercion, undue influence, fraud, and misrepresentation
- Specific definitions and illustrations of coercion, undue influence, and fraud
The document examines these various components of a contract in detail with applicable laws and examples to comprehensively cover the essential elements and requirements for forming a valid contract.
A contract is defined as an agreement that is enforceable by law. The key elements of a valid contract are an offer, acceptance of that offer, lawful consideration, lawful object, and mutual consent between competent parties. Not all agreements are considered contracts - an agreement must meet additional requirements of enforceability and intention to create legal obligations to be a valid contract. Common types of agreements discussed include valid contracts, void agreements, voidable agreements, and invitations to treat which are not considered offers. Key aspects of forming a valid contract center around offer, acceptance, and consideration.
The document discusses key aspects of contract law in India such as the definition of a contract, essential elements, and validity requirements. It provides definitions of a contract from various sources and explains that a valid contract requires [1] agreement between competent parties, [2] lawful consideration, and [3] intention to create legal relations. The document also discusses concepts such as offer and acceptance, free consent, mistake, and effects of coercion, undue influence, and fraud on the validity of agreements.
Introduction to Civil Obligations: Agreementspaulwhite1983
This document provides an overview of elements required for a valid contract. It discusses the key elements of offer, acceptance, consideration, and capacity. For a contract to be valid there must be an offer and acceptance, the acceptance must match the offer. Consideration, meaning both parties receive some benefit, is also required. The parties must have the legal capacity to enter into the contract. Various cases are referenced that illustrate applying these requirements.
The document defines key terms related to contracts under the Indian Contract Act such as proposal, promise, promisor, promisee, consideration, agreement, void agreement, contract, and voidable contract. It then outlines the essential elements for a valid contract including offer and acceptance, consideration, capacity of parties, consent, legality of object, writing and registration, certainty and possibility of performance. Finally, it discusses different types of contracts, agreements, quasi-contracts and key principles of offer, acceptance and consideration.
Contracts are legal agreements that are enforceable by law. There are six key elements required for a valid contract: offer, acceptance, genuine agreement, capacity, consideration, and legality. Contracts establish obligations between parties and protect their rights, which is why they contain detailed terms and requirements to prevent fraud or disputes over agreed upon terms.
This document discusses consideration and the essential elements required for a valid contract. It defines consideration as the price for which a promise is made. An example is provided of a sale agreement where the factory price is the consideration. Essential elements of consideration include it being real, moving at the desire of the promisor, and not being something the promisor is already bound to do. The document outlines different types of consideration like present, past, and future consideration. It also discusses capacity of parties, void agreements, and factors like coercion, undue influence, fraud, and misrepresentation that can invalidate an agreement due to lack of free consent.
The document discusses the Indian Contract Act of 1872. It provides objectives of the act, which are to ensure rights and obligations from contracts are honored and legal remedies are available for aggrieved parties. Key aspects of contracts covered include essential elements like offer/acceptance, consideration, capacity of parties and free consent. Specific types of contracts that require writing are also outlined, such as those related to time barred debts, property transfers, and promissory notes. Overall, the document provides an overview of important concepts regarding valid contracts according to the Indian Contract Act of 1872.
David Ford Avon Ct | What do u understand by Business Law and ContractsDavid Ford Avon Ct
Business laws and contracts are very important for people for their own protection according to David Ford Avon Ct. These laws are related to human rights too.
The document discusses key aspects of contracts under the Indian Contract Act of 1872 including:
1) The definition of a contract as an agreement that is enforceable by law, requiring elements such as offer, acceptance, lawful consideration and lawful object.
2) Essentials for a valid contract including free consent which cannot be caused by coercion, undue influence, fraud or mistake.
3) Exceptions to free consent such as coercion defined as threatening unlawful acts, and undue influence defined as improper use of influence in relationships involving trust.
The document discusses key elements of contract formation and negotiation strategies. It covers the nature of negotiation, preparation, distributive bargaining, integrative negotiation, and closing deals. Distributive bargaining is a competitive strategy used when goals conflict and trust is low, using tactics like establishing a strong bargaining position. Integrative negotiation is less competitive and allows parties to find mutually beneficial solutions by addressing underlying interests rather than positions.
1. The document defines key terms related to contracts such as agreement, consideration, promise, consensus, offer, acceptance and revocation. It also outlines the essential elements of a valid contract including offer and acceptance, lawful consideration, capacity to contract, free consent and legality of object.
2. The types of contracts are discussed such as void, voidable, illegal, unenforceable, express, implied, quasi, executed, executory, unilateral and bilateral. The formation of contracts including offer, acceptance, revocation and lapse of offer are also summarized.
3. The document elaborates on important concepts like capacity to contract, consideration, privity of contract, coercion, undue influence and consent
The document discusses the key elements of a valid contract according to commercial law. It defines a contract as an agreement that is enforceable by law, requiring offer and acceptance, consideration, lawful object and intent to create legal relations. It provides exceptions to the consideration requirement, such as agreements on account of natural love/affection. The document also discusses concepts like capacity of parties, free consent, certainty and legality that make an agreement legally enforceable. It classifies contracts based on method of formation, time of performance, parties involved and validity.
The document provides an overview of contract law in India according to the Indian Contract Act of 1872. It defines key terms like contract, agreement, offer, acceptance and consideration. It outlines the essential elements for a valid contract and different types of contracts. It also discusses capacity to contract and exceptions for minors and unsound persons. Specific topics covered include offer and acceptance rules, consideration and its exceptions, privity of contract, and rules governing agreements with minors.
This document provides an overview of the Indian Contract Act of 1872. It defines key terms like contract, agreement, and offer and acceptance. It outlines essential elements of a valid contract such as lawful consideration and capacity of parties. It also discusses performance of contracts and exceptions to performance. Specific topics covered include definition of minor, unsound mind, coercion, undue influence, misrepresentation, mistake, tender of performance, time and place of performance.
The document provides an overview of key concepts from the Indian Contract Act of 1872, including:
- The definition of a valid contract according to Section 2(h) as an agreement enforceable by law.
- The essential elements of a valid contract as outlined in Section 10, including offer, acceptance, free consent, capacity to contract, and lawful consideration.
- An explanation of offer and acceptance, including the definition and essentials of a valid offer according to Section 2(a), and the definition and legal rules regarding acceptance according to Section 2(b).
- An overview of persons considered incompetent to contract, including minors under the age of 18 and persons of unsound mind, and the
An offer must have serious intent, definite terms, and be communicated to be valid. Acceptance agrees to the offer's exact terms. An offer can terminate through revocation, rejection, lapse of time, unfulfilled conditions, or death. Contracts require agreement and consideration between parties, and can be voidable due to mistakes, fraud, duress, incapacity, or illegality.
The document discusses the Indian Contract Act of 1872 and provides definitions and classifications of contracts. It defines a contract as an agreement that is enforceable by law. It outlines the essential elements for a valid contract, including offer, acceptance, lawful consideration and capacity. Contracts are classified based on their formation (express, implied, quasi), performance (executed, executory, partly executed) and enforceability (valid, void, voidable, illegal). Quasi-contracts are also discussed, which create obligations by operation of law rather than agreement. Various types of quasi-contracts are explained through examples.
This document discusses key concepts relating to contracts under Philippine law. It defines important terms like cause, motive, inadequacy of cause, and reformation. It also discusses requisites of a valid contract, effects of false cause, distinguishing objects and causes in contracts of sale, and when reformation of a written contract is permitted compared to annulment. Several problems are presented relating to determining the legality of contracts and eligibility for reformation in cases of mutual mistake.
This document discusses the differences between agreements and contracts. It notes that agreements are broader and include any promises between two parties, while contracts are a specific type of agreement that is legally enforceable. For an agreement to be considered a contract, it must meet additional requirements like lawful consideration, lawful object, and free consent. Several examples are provided to illustrate agreements that do not qualify as contracts due to issues like an impossible or illegal object. The document also outlines key elements needed for a valid contract like capacity and intention to create legal obligations.
There are several ways a contract can be discharged including performance, agreement/consent, impossibility, lapse of time, operation of law, and breach. Performance discharges a contract when both parties fulfill their contractual promises. Discharge by agreement/consent occurs when parties mutually agree to cancel or modify the contract terms through novation, rescission, or alteration. Impossibility discharges a contract when unforeseen circumstances make performance impossible. Lapse of time, such as the expiration of a time limit, also discharges contracts. Operation of law discharges certain contracts through factors like death, insolvency, or merger. Breach by one party discharges the obligations of the other party.
Business law establishes rules to govern business relationships and resolve disputes. The key Indian business laws include the Contract Act, Sale of Goods Act, Partnership Act, Negotiable Instruments Act, and Companies Act. For a contract to be valid, it requires offer and acceptance, lawful consideration, capacity of parties, lawful object, and intention to create legal relationship. A minor's agreements are void as a minor lacks contractual capacity. However, a minor can be a beneficiary or promisee and is not liable for torts directly connected to a void contract.
Merchandise Law. This PPT include detail information about type of Contracts and Essential of Indian Contract and Special types of Contracts. By Dr. Kirti Jainani , Associate Professor. Management
Sienna and Montana verbally agreed that Sienna would purchase Montana's snowboard for $300 in a few months. However, when the time came, Sienna said she didn't agree to any sale. As the board was under $500 and it was an oral contract, Montana may have difficulty enforcing the agreement due to statute of frauds requirements. Oral contracts can be valid but are harder to prove than written contracts. In the future, it would be better for agreements like leases or vehicle purchases to be in writing to avoid disputes over terms.
Essentials of valid contract Dr.R.JOLLY ROSALIND SILVA silvajolly
Essentials or Requisites to make a contract or agreement valid as per section:10 of Indian Contract Act,1872. The famous case law Balfour Vs Balfour to explain the intention to create a legal relationship is highlighted
The document summarizes key aspects of contract law under the Indian Contract Act of 1872. It defines a contract as an agreement that is enforceable by law. The essential elements of a valid contract are offer and acceptance, lawful consideration, capacity of parties to contract, lawful object, and free consent. A contract can be discharged through performance, mutual consent, lapse of time, operation of law, impossibility of performance or breach. In case of breach, the aggrieved party may seek remedies like rescission, damages, specific performance, quantum meruit or injunction.
This document provides an overview of business law and corporate governance. It defines law and explains that business law, also known as mercantile law or commercial law, deals with the rights and obligations that arise from commercial transactions between businesses. The key areas of business law discussed include contracts, partnerships, companies, negotiable instruments, insurance, and arbitration. A major section focuses on the law of contracts, outlining the essential elements of a valid contract such as offer and acceptance, consideration, capacity and consent. Consent must be free and not influenced by coercion, undue influence, fraud, or mistake. The implications of these flaws in consent are explained.
You have been chosen to present in front of your local governing boa.docxmaxinesmith73660
You have been chosen to present in front of your local governing board (county commission, city council, etc.) to outline the prevention and preparedness programs that should be implemented in your community.
Create a PowerPoint presentation consisting of 8−10 slides (excluding the title slide, table of contents slide, and references slide) that covers the following:
Evaluation of the threats specific to your community (man-made and natural)
Threat mitigation techniques that should be incorporated
Important partnerships that should be maintained with both public and private entities
Cost effectiveness of mitigation versus the expense of response to an incident
Business continuity considerations for returning government services to normal operations
.
You have been charged with overseeing the implementation of cybersec.docxmaxinesmith73660
You have been charged with overseeing the implementation of cybersecurity best practices for EnergyA. In this course, you examined 10 design and security principles (Deception, Separation, Diversity, Commanlity, Depth, Discretion, Collection, Correlation, Awareness, Response) in the context of national and critical infrastructure protection
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The document discusses the Indian Contract Act of 1872. It provides objectives of the act, which are to ensure rights and obligations from contracts are honored and legal remedies are available for aggrieved parties. Key aspects of contracts covered include essential elements like offer/acceptance, consideration, capacity of parties and free consent. Specific types of contracts that require writing are also outlined, such as those related to time barred debts, property transfers, and promissory notes. Overall, the document provides an overview of important concepts regarding valid contracts according to the Indian Contract Act of 1872.
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The document discusses key aspects of contracts under the Indian Contract Act of 1872 including:
1) The definition of a contract as an agreement that is enforceable by law, requiring elements such as offer, acceptance, lawful consideration and lawful object.
2) Essentials for a valid contract including free consent which cannot be caused by coercion, undue influence, fraud or mistake.
3) Exceptions to free consent such as coercion defined as threatening unlawful acts, and undue influence defined as improper use of influence in relationships involving trust.
The document discusses key elements of contract formation and negotiation strategies. It covers the nature of negotiation, preparation, distributive bargaining, integrative negotiation, and closing deals. Distributive bargaining is a competitive strategy used when goals conflict and trust is low, using tactics like establishing a strong bargaining position. Integrative negotiation is less competitive and allows parties to find mutually beneficial solutions by addressing underlying interests rather than positions.
1. The document defines key terms related to contracts such as agreement, consideration, promise, consensus, offer, acceptance and revocation. It also outlines the essential elements of a valid contract including offer and acceptance, lawful consideration, capacity to contract, free consent and legality of object.
2. The types of contracts are discussed such as void, voidable, illegal, unenforceable, express, implied, quasi, executed, executory, unilateral and bilateral. The formation of contracts including offer, acceptance, revocation and lapse of offer are also summarized.
3. The document elaborates on important concepts like capacity to contract, consideration, privity of contract, coercion, undue influence and consent
The document discusses the key elements of a valid contract according to commercial law. It defines a contract as an agreement that is enforceable by law, requiring offer and acceptance, consideration, lawful object and intent to create legal relations. It provides exceptions to the consideration requirement, such as agreements on account of natural love/affection. The document also discusses concepts like capacity of parties, free consent, certainty and legality that make an agreement legally enforceable. It classifies contracts based on method of formation, time of performance, parties involved and validity.
The document provides an overview of contract law in India according to the Indian Contract Act of 1872. It defines key terms like contract, agreement, offer, acceptance and consideration. It outlines the essential elements for a valid contract and different types of contracts. It also discusses capacity to contract and exceptions for minors and unsound persons. Specific topics covered include offer and acceptance rules, consideration and its exceptions, privity of contract, and rules governing agreements with minors.
This document provides an overview of the Indian Contract Act of 1872. It defines key terms like contract, agreement, and offer and acceptance. It outlines essential elements of a valid contract such as lawful consideration and capacity of parties. It also discusses performance of contracts and exceptions to performance. Specific topics covered include definition of minor, unsound mind, coercion, undue influence, misrepresentation, mistake, tender of performance, time and place of performance.
The document provides an overview of key concepts from the Indian Contract Act of 1872, including:
- The definition of a valid contract according to Section 2(h) as an agreement enforceable by law.
- The essential elements of a valid contract as outlined in Section 10, including offer, acceptance, free consent, capacity to contract, and lawful consideration.
- An explanation of offer and acceptance, including the definition and essentials of a valid offer according to Section 2(a), and the definition and legal rules regarding acceptance according to Section 2(b).
- An overview of persons considered incompetent to contract, including minors under the age of 18 and persons of unsound mind, and the
An offer must have serious intent, definite terms, and be communicated to be valid. Acceptance agrees to the offer's exact terms. An offer can terminate through revocation, rejection, lapse of time, unfulfilled conditions, or death. Contracts require agreement and consideration between parties, and can be voidable due to mistakes, fraud, duress, incapacity, or illegality.
The document discusses the Indian Contract Act of 1872 and provides definitions and classifications of contracts. It defines a contract as an agreement that is enforceable by law. It outlines the essential elements for a valid contract, including offer, acceptance, lawful consideration and capacity. Contracts are classified based on their formation (express, implied, quasi), performance (executed, executory, partly executed) and enforceability (valid, void, voidable, illegal). Quasi-contracts are also discussed, which create obligations by operation of law rather than agreement. Various types of quasi-contracts are explained through examples.
This document discusses key concepts relating to contracts under Philippine law. It defines important terms like cause, motive, inadequacy of cause, and reformation. It also discusses requisites of a valid contract, effects of false cause, distinguishing objects and causes in contracts of sale, and when reformation of a written contract is permitted compared to annulment. Several problems are presented relating to determining the legality of contracts and eligibility for reformation in cases of mutual mistake.
This document discusses the differences between agreements and contracts. It notes that agreements are broader and include any promises between two parties, while contracts are a specific type of agreement that is legally enforceable. For an agreement to be considered a contract, it must meet additional requirements like lawful consideration, lawful object, and free consent. Several examples are provided to illustrate agreements that do not qualify as contracts due to issues like an impossible or illegal object. The document also outlines key elements needed for a valid contract like capacity and intention to create legal obligations.
There are several ways a contract can be discharged including performance, agreement/consent, impossibility, lapse of time, operation of law, and breach. Performance discharges a contract when both parties fulfill their contractual promises. Discharge by agreement/consent occurs when parties mutually agree to cancel or modify the contract terms through novation, rescission, or alteration. Impossibility discharges a contract when unforeseen circumstances make performance impossible. Lapse of time, such as the expiration of a time limit, also discharges contracts. Operation of law discharges certain contracts through factors like death, insolvency, or merger. Breach by one party discharges the obligations of the other party.
Business law establishes rules to govern business relationships and resolve disputes. The key Indian business laws include the Contract Act, Sale of Goods Act, Partnership Act, Negotiable Instruments Act, and Companies Act. For a contract to be valid, it requires offer and acceptance, lawful consideration, capacity of parties, lawful object, and intention to create legal relationship. A minor's agreements are void as a minor lacks contractual capacity. However, a minor can be a beneficiary or promisee and is not liable for torts directly connected to a void contract.
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The document summarizes key aspects of contract law under the Indian Contract Act of 1872. It defines a contract as an agreement that is enforceable by law. The essential elements of a valid contract are offer and acceptance, lawful consideration, capacity of parties to contract, lawful object, and free consent. A contract can be discharged through performance, mutual consent, lapse of time, operation of law, impossibility of performance or breach. In case of breach, the aggrieved party may seek remedies like rescission, damages, specific performance, quantum meruit or injunction.
This document provides an overview of business law and corporate governance. It defines law and explains that business law, also known as mercantile law or commercial law, deals with the rights and obligations that arise from commercial transactions between businesses. The key areas of business law discussed include contracts, partnerships, companies, negotiable instruments, insurance, and arbitration. A major section focuses on the law of contracts, outlining the essential elements of a valid contract such as offer and acceptance, consideration, capacity and consent. Consent must be free and not influenced by coercion, undue influence, fraud, or mistake. The implications of these flaws in consent are explained.
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Create a PowerPoint presentation consisting of 8−10 slides (excluding the title slide, table of contents slide, and references slide) that covers the following:
Evaluation of the threats specific to your community (man-made and natural)
Threat mitigation techniques that should be incorporated
Important partnerships that should be maintained with both public and private entities
Cost effectiveness of mitigation versus the expense of response to an incident
Business continuity considerations for returning government services to normal operations
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use of public domain materials for these purposes and may be able to help.
+ Maintain attributionThe Google “watermark” you see on each file is essential for informing people about this project and helping them find
additional materials through Google Book Search. Please do not remove it.
+ Keep it legalWhatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do n.
You have been asked to speak to city, municipal, and state elected a.docxmaxinesmith73660
You have been asked to speak to city, municipal, and state elected and appointed officials who investigate disaster management at the next governmental meeting. Your main task is to recommend policy actors who could be involved in disaster management planning after a catastrophic event. These individuals will be involved during the entire process.
Develop a PowerPoint presentation to guide your presentation. Be sure to address the following:
Identify key local, state, and federal partners as policy actors.
Provide rationale for the selection of each policy actor.
Determine how these specific people will aid the community amid the devastation.
As you develop your PowerPoint, you may wish to interview someone in your community that is involved in disaster planning. Interviews can be conducted in-person, via telephone, or by email. However, this is not required. Incorporate appropriate animations, transitions, and graphics as well as speaker notes for each slide. The speaker notes may be comprised of brief paragraphs or bulleted lists.
Support your presentation with at least five scholarly resources. In addition to these specified resources, other appropriate scholarly resources may be included.
Length: 12 slides (with a separate reference slide)
Notes Length: 200 words for each slide
Be sure to include citations for quotations and paraphrases with references in APA format and style.
.
You have been asked to provide a presentation, covering the history .docxmaxinesmith73660
You have been asked to provide a presentation, covering the history of the juvenile court system in the United States. In your history, be sure to address the following issues:
10-12 slides
When was the first juvenile court established?
What was the child-saver movement during the 1800s? How did this social movement lead to the creation establishment of the juvenile justice
system?
What is
parens patriae
, and how has this concept influenced juvenile courts in the United States?
Identify and describe 2 significant changes in the legal rights of juvenile offenders since the establishment of the juvenile justice
system.
3-4 paragraphs
Peter is a 14-year-old boy living in New York in the year 1870. Peter has stolen a horse and has been arrested by local law enforcement.
Discuss what life may have been like for Peter as a young person in the United States at this time.
How were young people treated in everyday life?
How were their criminal actions handled?
How would Peter's punishment be different as compared to an adult who was arrested for the same crime?
.
You have been asked to organize a community health fair at a loc.docxmaxinesmith73660
You have been asked to organize a community health fair at a local public school. The health fair will provide information and education on the following topics related to health promotion:
*Immunizations
*Importance of healthy diet and exercise
*Avoidance of tobacco, drugs, and alcohol
*Responsible sexual behaviors (use of condoms, risk of sexually transmitted infections including HIV, and concerns related to unintended pregnancies)
*Injury and violence prevention (motor vehicle crashes, firearms, poisonings, suffocation, falls, fires, and drowning)
The volunteers who will be manning the stations are from the health care community (i.e., doctors, nurses, dietitians, and social workers). You want to ensure that the team members take into consideration the familial health traditions, personal beliefs, and the values of the people who will be attending the health fair. In a three- to four-page paper (excluding title and reference pages), address the following points:
-Identify potential areas where health care providers’ culture may influence the treatment approach/recommendations, which may be in conflict with the health belief of a community member’s culture and practices.
-Describe the differences.
-Describe the role, if any, social control will play in the development of the educational materials presented by differentiating health and wellness rituals among people of different cultures.
-Recommend potential strategies that the health care team can use when faced with a cultural practice that conflicts with the medical model.
-Recommend strategies to increase community participation and enhance the relationships/partnerships between the medical community and members of the culturally diverse community.
The Critical Thinking Paper
^Must be three to four double-spaced pages in length (not including title and references pages) and formatted according to APA style.
^Must use at least two scholarly sources in addition to the course text.
^Must document all sources in APA style.
^Must include a separate references page that is formatted according to APA style.
.
You have been asked to explain the differences between certain categ.docxmaxinesmith73660
You have been asked to explain the differences between certain categories of crimes. For each of the following categories of crime, provide a general definition of the category of crime and give at least 2 detailed examples of specific crimes that fall into each category:
Violent crimes
Crimes against persons
Crimes against property
Crimes of public morality
White-collar crime
Cyber crime
Then, for the following scenarios, discuss the categories of crimes involved in each scenario, and explain the specific criminal charges that you would apply to each scenario. You can utilize the Library, Internet, and other resources to research the criminal statutes of a state of your choice to help you determine which criminal charges should be applied:
David S. was running around a public park at 3 AM without his clothes on, singing and shouting loudly. Police arrived after neighbors called to complain. They saw David S. tipping over a garbage can and when they shouted for him to stop, he threw the garbage can into a car, breaking one of its side windows. The police arrested David S. His blood alcohol level was twice the legal limit.
Gary M. was arrested by the FBI when he showed up at a local mall to meet a 14-year-old girl for a date, which he arranged over the Internet. He didn't know that the “14-year-old girl" was actually a 35-year-old male FBI agent.
Elaine R. was an accountant working for a large corporation. She had been falsifying the accounting records and sending some of the corporate funds to her own bank accounts in an offshore bank. The corporation found out what she had been doing and reported her to the police.
Your complete answer to this assignment should be 1–3 pages.
.
You have been asked to evaluate a 3-year-old child in your clinic. .docxmaxinesmith73660
You have been asked to evaluate a 3-year-old child in your clinic. Riley’s mother is concerned that “her speech has sounded “bumpy” over the last two weeks. She also reports that Riley has a cousin who stutters. During the evaluation, Riley demonstrated occasional whole word repetitions and hesitations in her speech. She did not appear to notice these disfluencies.
.
You have been asked to develop UML diagrams to graphically depict .docxmaxinesmith73660
You have been asked to develop UML diagrams to graphically depict and describe the architecture of two (2) unrelated software systems. The first system is for an automated ticket-issuing system used by passengers at a railway station. The second system is for a computer-controlled video conferencing system, located in a corporate office and accessible to senior management that allows video, audio, and computer data to be visible to several participants at the same time.
Write a three to five (3-5) page paper in which you:
Create two (2) UML diagrams, one (1) showing a conceptual view and one (1) showing a process view of the architectures for each of the two (2) following systems (for a total of four [4] diagrams) through the use of Microsoft Visio or its open source alternative, Dia.
Note:
The graphically depicted solution is not included in the required page length.
An automated ticket-issuing system used by passengers at a railway station.
A computer-controlled, video-conferencing system that allows video, audio, and computer data to be visible to several participants at the same time.
Describe how you created the conceptual and process view for all four (4) diagrams. In the description, be sure to provide a justification for each key decision in the design.
Explain how you arrived at your final solution for the four (4) conceptual and process view diagrams that you have created.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
Include charts or diagrams created in Visio or an equivalent such as Dia. The completed diagrams / charts must be imported into the Word document before the paper is submitted.
.
You have been asked to develop UML diagrams to graphically depict an.docxmaxinesmith73660
You have been asked to create UML diagrams depicting the conceptual and process views of two unrelated software systems: 1) an automated ticket-issuing system for a railway station, and 2) a computer-controlled video conferencing system for a corporate office. You must create two diagrams for each system (one conceptual view diagram and one process view diagram), for a total of four diagrams. You then need to write a 3-5 page paper describing how you created the diagrams and justifying the key design decisions.
You have been asked to develop a quality improvement (QI) process fo.docxmaxinesmith73660
You have been asked to develop a quality improvement (QI) process for your medical facility employer. You have previously established the skill sets required for QI team members. The chief information officer has asked you what areas you will be analyzing and how you will determine if your project was successful or not. Complete the following:
Write a paper that details the method that you will use to quantitatively and qualitatively measure your QI process for various QI areas in your health care facility.
.
You have been asked to design and deliver a Microsoft PowerPoint pre.docxmaxinesmith73660
You have been asked to design and deliver a Microsoft PowerPoint presentation to your team regarding the upgrade and the integration of the WATCH network into SHG's Active Directory forest. Since your team is geographically dispersed, you must create the slides and record the presentation so that when you distribute it to your team, they can watch and listen to the recording to understand the upgrade and integration.
You will need to do the following:
Explain how to integrate the existing WATCH networking standards, protocols, and access methods.
Select which is the most appropriate protocols and access standard to use without any loss of existing functionality to the billing department, the intranet, or the existing Internet site.
These functionalities will be migrated later, but for now your team needs only the migration plans for the administrative and bookkeeping functions.
.
You have been asked to be the project manager for the development of.docxmaxinesmith73660
You have been asked to be the project manager for the development of an information technology (IT) project. The system to be developed will allow a large company to coordinate and maintain records of the professional development of its employees. The company has over 30,000 employees who are located in four sites: Florida, Colorado, Illinois, and Texas. The system needs to allow employees to locate and schedule professional development activities that are relevant to their positions. Sophisticated search capabilities are required, and the ability to add scheduled events to the employees’ calendars is desired. The system needs to support social networking to allow employees to determine who is attending conferences and events. This will promote fostering relationships and ensure coverage of conferences that are considered of high importance.
Once an activity has been completed, employees will use the system to submit the documentation. The system should support notifications to management personnel whenever their direct reports have submitted documentation. The system should also notify employees if their deadline to complete professional-development requirements is approaching and is not yet satisfied.
There are several types of architectural views. For the given scenario, develop 2 architectural views.
There must be enough detail for the design to be handed off to an implementation team.
.
You have been asked to conduct research on a past forensic case to a.docxmaxinesmith73660
You have been asked to conduct research on a past forensic case to analyze how digital data was used to solve the case. Choose one of the following digital forensic cases:
S. v. Doe (1983), Doe U.S. (1988), People Sanchez (1994), Michelle Theer (2000), Scott Tyree (2002), Dennis Rader (2005), Corey Beantee Melton (2005), James Kent (2007), Brad Cooper (2008)
Using the Stayer Library or the Internet, search for the case notes and reports for the case and answer the following:
Summarize the case, the pertinent actors, evidence, and facts.
Outline the specific digital evidence that was used in the case.
Describe how the investigators found and documented the evidence, if any.
Describe the procedures and tool(s) used for acquiring potential evidence.
Describe the obstacles faced in the investigation.
Outline the most significant improvement to digital forensic investigations/tools that assisted with efficiency and reliability.
Provide the links to two modern tools that could have assisted with the collection of evidence.
Use at least five (5) quality resources in this assignment.
Note:
Wikipedia and similar websites do not qualify as quality resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date.
.
You have been asked for the summary to include the following compone.docxmaxinesmith73660
Telehealth is defined as the use of telecommunications technologies to provide clinical health care at a distance. It allows nurses to assess, diagnose, and treat patients using telecommunications technology. Telehealth has expanded access to care for rural communities by enabling virtual visits and remote patient monitoring. The evidence shows that telehealth improves health outcomes for patients in remote areas by overcoming barriers to accessing specialists. A recommended strategy is for healthcare organizations to implement telehealth programs that use remote patient monitoring for chronic disease management in rural communities, as studies have found it reduces hospitalizations and healthcare costs while improving patient outcomes and satisfaction.
You have been asked to be the project manager for the developmen.docxmaxinesmith73660
You have been asked to be the project manager for the development of an information technology (IT) project. The system to be developed will allow a large company to coordinate and maintain its records of the professional development of its employees. The company has over 30,000 employees, who are located in four sites: Florida, Colorado, Illinois, and Texas. The system must allow employees to locate and schedule professional-development activities that are relevant to their positions. Sophisticated search capabilities are required, and the ability to add scheduled events to the employees' calendars is desired. The system needs to support social networking, which will allow employees to determine who is attending various conferences and events. This will promote the fostering of relationships and ensure that the company has representation at important conferences.
Once an activity has been completed, employees will use the system to submit the documentation. The system should support notifications, which will allow managers to receive notice whenever their direct reports have submitted documentation. The system should also notify employees if their deadline to complete a professional-development requirement is approaching and it has not yet been completed. Because the expenditure has been approved for the project, it is now time to justify the start-up of the project with a business case.
Using the above scenario, develop a business case and project charter (2–3 pages each). Include the following:
Section 1: Business Case (Unit 1)
Description of the problem or opportunity being presented to the business
Costs and benefits of each alternative solution
Recommended solution needed for approval
List of alternative solutions, feasibility of each in a table, and the selected solution
Section 2: Project Charter and WBS (Unit 1)
Identify project vision
Define scope of project
List project deliverables
List roles and responsibilities
List risks, issues, and assumptions
.
You have been asked by management, as a senior member of your co.docxmaxinesmith73660
You have been asked by management, as a senior member of your corporate IT team, to provide insight into the meaning of IoT wireless services and foundational concepts. You want to discuss the foundational IoT wireless concepts and influence IoT will have on the organization’s wireless and mobile connectivity and services. Provide a response to the following:
Discuss the real meaning of Internet of Things and its impact everything that has the ability to communicate.
What types of “Things” communicate within the IoT concept?
How do these types of “Things” communicate?
How do “mobile technologies” relate to IoT?
Provide definitions for the following concepts within the IoT sphere:
RFID, Sensors, Smart technology and Nano technology
.
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Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
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Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
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1. Contracts
A contract
is based
on promises
voluntarily
made
Do all
promises
give rise to
contractual
obligations?
OfferAcceptanceConsiderationCapacityLegality
2. Unilateral and bilateral Expressed and impliedValidVoid and
voidableUnenforceable
PROMISE
FOR AN
ACT
3. Reward is
an example
PROMISE
FOR A
PROMISE
ART AGREES TO PAINT HOUSE AND BOB AGREES TO
PAY $1,000.
Bill and Linda meet at a party. He was
74, and she was 49. A month later, they
started to talk about marriage. Linda was
concerned about quitting her job, and Bill said he would give
her whatever she needed. One day, she walked into the
4. bathroom with a handwritten note containing financial terms for
a marriage, and he signed it. They got married, but Bill filed for
divorce 1 ½ years later.
What is the issue?
Does the contract given to and signed by the husband in the
bathroom constitute a valid and enforceable agreement that was
freely
entered into?
What kind of agreement was it, unilateral or bilateral?
It was unilateral because it was an agreement to marry.
5. How did the court rule?
To be enforceable, the agreement must be freely entered into
without duress or undue influence. When marriage is
contemplated, the parties must do so knowing of the assets of
the other. In this case, the parties never disclosed their assets,
liabilities or income. The husband also never had the chance to
consult an attorney. Therefore, the agreement is not
enforceable.
Stated in direct
termsCan be written
or oral
I will sell you my sports car for $25,000
6. When you
go to the
doctor, you
impliedly
agree to pay
for services.
Plaintiffs cared for the decedent for
several months before he died. They
claimed they were promised payment
for services. Defendant maintains that
they are a family member so services
were gratuitously rendered.
Contract implied-in–fact is to prevent
unjust result. Normally, there is a presumption
that services rendered by a family member
are free. However, contract may be implied
when service are performed with expectation
7. of payment. In this case, plaintiffs can point
to no evidence that they agreed upon a
price with the decedent, what form
payment would take, or when payment
would be made, so a contract should
not be implied.
Satisfies all
requirements of
an enforceable
agreement
Binds one party
but gives the other
option to withdraw
8. Element of
contract has
no legal force
or effect
ILLEGAL
CONTRACT
Satisfies elements of
a valid contract but
won't be enforced
by court
9. Most contracts
are oral in nature
and can be enforceable.
The major problem with oral contracts is proving the existence
of the agreement.
Oral contracts require the courts to assess the credibility of the
parties.
Are agreements where
people pool their money
to buy lottery tickets
10. enforceable or illegal
betting contracts?
Two sisters signed an
agreement that they would
share the winnings in
a lottery. A winning ticket
was bought for $500,000 and
one of the sisters did not
get a share and sued.
What is the law
in Connecticut
on betting
contracts?
All wagers in which
the consideration
is money won or
bet shall be void.
11. What did
the plaintiff
argue?
The agreement was not a betting contract but a mutual
agreement to share profits from legal forms of gambling.
What did
the court
say?
The law was not applicable to
this case because the parties
were not betting but promising to
share equally in the winnings
they received from
legalized gambling.
12. Proposal by one party to
another manifesting an
intention to enter into a
valid contract
Intent to contractTerms must be definiteOffer must be
communicated
This is an
objective
13. test
Plaintiff purchased 15 cans of Pepsi
and then borrowed $700,000
which he sent to Pepsi in exchange
for the jet. Pepsi sent the money
back claiming that their ad
was only a joke.
“No objective person could reasonably conclude that
commercial actually
14. offered consumer a Harrier Jet. The possibility that it could be
bought
for $700,000 was the first clue that
the deal was too good to be true.”
Subject matterQuantityPrice
Advertisement
15. at a stated price is
merely invitation
to negotiate
FRAUDULENT
ADVERTISING
IS ILLEGAL
How long does an offer stay open?
16. An offer can be revoked anytime before its acceptance, or it can
terminated by its own terms.
I will give you 5 days
to make up your mind. At the end of that period, the offer
terminates.
An acceptance is
a manifestation
by the offeree to
be bound by the
terms of the offer.
Acceptance is valid
17. only when it has
been communicated
to the offeror and
is unconditional.
I can’t afford
$1,000 but I will
give you $800.
18. A counter offer rejects
the original offer and
becomes an offer that
the other person can
accept or reject.
The defendant refused to pay
on a life insurance policy
following a fatal car accident.
The carrier argued that a
contract was not formed
before the husband's death.
The defendant offered accidental death
insurance with a mortgage.
Once enrolled, the insured would
get a certificate that had an effective date.
The plaintiff mailed the form on April 5 and
was killed on April 22. Carrier argued that
form was only an offer to contract that
19. was accepted with the issuance of the
policy.
An insurance application is an offer which the insurer may
accept or reject. In this case, however, a reasonable person
would have thought that the enrollment form was the offer that
she would accept by completing and mailing the form back.
This was an enrollment form and not an application.
constitute
20. acceptance?
Can
CAN I MAIL YOU AN INSURANCE POLICY AND SAY “IF I
DON’T HEAR FROM YOU, WE HAVE A DEAL”?
Offeror has no power to impose duty upon offeree to act.
RECORD CLUB
21. If a person makes
the highest
bid at an auction, is that
bid a mere offer or
an acceptance?
Well…it depends.
With ReserveWithout Reserve
22.
23.
24.
25. 2/1 make offer
2/2 receive offer
2/3 mail acceptance
2/4 mail revocation
2/5 receive revocation
2/6 receive acceptance
26. What is the effect of a fax
to the agent of a seller to the agent of the buyer when there is
no record of the receipt for the transmission?
The agent for the buyer claims that he faxed an agreement
of sale to the seller but had no
proof that the transmission went through. The seller claims that
he called and said
that he no longer wanted to sell the property.
27. What is
the law
on faxes?
Acceptance by telephone or
fax is governed by the same
rules as when the parties are in
each other’s presence. The
communication must be
substantially instantaneous and
the communication must
be two way.
28. For the communication to be two-way, one
party must be able to readily determine that
the offeree is aware of the communication. If
not, then the mailbox rule will apply. Since
there was no proof in this case that
the fax was sent, the burden is on the party
who sent the transmission to prove it. The
burden has not been meet in this case, so
there is no contract.
31. Illusory promiseMoral obligationPast consideration
An illusory promise
is one in which the act of performance is left solely up to one
party.
I will buy as many books from you
as I want at $10
a book.
32. A moral obligation is insufficient to support consideration.
A parent promise to give his son $1,000
out of love and affection.
Past consideration is a current promise to pay for something in
the past.
Jim promises on his death bed to give John $10,000 for the help
he has given over the years.
36. Elvis agreed to pay for the divorce of the mother of his former
girlfriend and to pay
off the mortgage on her home.
Plaintiff then filed for divorce and
37. agreed to give her husband the equity in
her house for his turning over the deed
to her. Presley then died before
paying the obligations and the Estate
refused to honor the agreement.
Why is Elvis’ promise to pay
the obligations of his mother’s girlfriend
supported by
consideration?
38. A promise which a person
should reasonably expect to
induce action or forbearance
on the part of the other and
which does induce such
action is binding if injustice
can be avoided only by
enforcement of the promise.
While Presley’s promise induced
the plaintiff to assume the
mortgage as part of the
settlement agreement, it was
39. not binding until approved
by the court. So, the plaintiff's reliance was not justified.
40. A party who does have capacity to contract but lacks mutual
assent to bargain.
Mere psychological
or emotional problems are not enough.
42. Milicic was an 18 year old basketball
player and the second round pick of the
Detroit Pistons. He entered into an endorsement contract when
he was 16 whereby the defendant would pay Milicic money and
products in exchange for endorsements. Four days after he
turned 18, Milicic tried to buy out his contract, but the
defendant refused. He then disaffirmed the contract and began
returning everything he had received.
Pennsylvania allows minors
to disaffirm a contract unless
it is for a necessary as long
as it is done within a
43. reasonable time after
reaching majority.
Milicic was a child living
in a foreign country when
he signed the contract.
Minors should not
be bound by their
mistakes.
.
44. An illegal contract is
one that calls for the
performance of a
crime, tort or is against
public policy.
An illegal
contract is
void
Is an unlicensed
entity that performs
services without a
license void?
46. Farrell was an architect who worked on a condo project of the
defendant for 25% of the profits. Some of the work was done in
Michigan where he was licensed, and some of the work was
done in Idaho were he was not licensed. Farrell was fired, and
the defendant refused to pay him, claiming that the contract was
illegal since Farrell was not licensed in that state.
Idaho does not allow a court
to aid a party to an illegal
contract. The state requires
an architect to be licensed
in order to practice in that
state.
47. .
Such statutes must be narrowly
construed. Since Farrell was not
licensed in Idaho before 2/17/04,
service rendered before then were
illegal. His services after getting
a license were legal, and he is
entitled to payment for them.
PROBLEM THREE - B
48. Estelle played in a tournament.
A hole in one was rewarded
with a car. Estelle’s ball was
rolling into the hole when a frog
jumped out and hit the ball. The
judge disallowed
the shot.
50. Contest rules say judge
makes final decision over
disputes, and he ruled the shot
no good. “In and through”
means “completely through.”
The decision of the judge is binding
unless fraud, gross mistake
or lack of good faith.
ELECTRONIC SIGNATURE IN GLOBAL
AND NATIONAL COMMERCE ACT
52. The purpose of the Code is to
make uniform laws involving
commercial transactions
involving sales, banking
and secured transactions.
53. The Code has
nothing to do
with real estate
transactions.
Article Two deals
with the sale
of goods.
54. A merchant is
a person who deals
with goods of
that kind.
elements
55. elements
As a general rule, an individual can engage in any type of
conduct he or she wishes unless there is a law prohibiting those
actions.
elements
elements
Crimes against businesses include: shoplifting, robbery,
burglary, and employee theft, which cost businesses billions of
dollars annually.
elements
Offenses committed by people in business dress.
Not usually physical violence but rather unethical activity,
fraud, or financial theft.
elements
61. Every person who enters any room, shop or building with the
intent to commit any felony is guilty of burglary
elements
62. The courtyard is an integral part of the building. The offices
had four walls and a roof and the only entry was though the
courtyard that had locked gates on each end.
elements
66. .
Consider
the following two cases…
A person gives his ATM card to a co-worker to withdraw $20
from his checking account. Instead, the
roommate withdraws $500.
elements
67. What crime has
been committed?
elements
Taking and carrying away the property of another without
consent and with the intent of depriving the other of the goods
permanently
Larceny
76. Unlawful to buy
or receive stolen
goods knowing that
goods are stolen
elements
This crime occurs when one uses the Internet to sell property
gained through unlawful means.
elements
77. also known as SHOPLIFTING
Retail Theft
elements
elements
78.
79. Using the victim’s personal
information to obtain a financial
advantage such as the
misappropriation of a credit
card or money from
a bank account.
elements
Now a federal crime under the Identify Theft
and Assumption
Deterrence Act
elements
elements
80. Birdsong burst through a gate separating the tellers from the
customers. He slammed the gate closed and threw a printer to
the ground before ordering the tellers to stand up and give him
the money from the teller drawers.
82. A person is guilty of robbery when, in the course of committing
theft, he uses or threatens the use of physical force on another
person with intent to accomplish theft
elements
83. The defendant’s conduct must be objectively menacing. When a
defendant demands money in making the demand and acts
aggressively toward inanimate objects nearby, that behavior can
satisfy the requirement for robbery.
elements
elements
84. Agreement between
two or more people
to commit a crime or
to do a lawful act in
an unlawful manner
91. The court in Hankinson v. Wyoming said that whether the
defendant was too drunk to form the requisite intent to commit
the crime is a jury
question. Here, the defendant made decisions that required some
presence of mind. Therefore, the
defendant was guilty as charged.
elements
elements
94. This includes such things
as computer fraud, health
care fraud, securities fraud, insider trading, theft of trade
secrets, embezzlement, and
tax evasion.
elements
96. .
Bribery is the act
of offering something
of value to another with
the intent of influencing that
person’s opinion or to have
something done in return
by that entity.
elements
97. Examples would be
giving money to a
juror to influence the
vote, or paying a cop to
overlook a crime.
elements
99. The term originated
during the days of Al
Capone when organized
crime owned Laundromats
to dispose of money obtained
by illegal means.
elements
100. The mob needed to show a
legitimate source for their
funds, so this was done by
buying legitimate businesses
that would commingle the
illegal earnings with the
revenues received from
these businesses.
elements
101. Today, the law is called the
Money Laundering Control Act.
Its purpose is to
go after the third party
who claims ownership
to money obtained through
illegal means.
elements
102. A person charged with the offense does not have to commit the
crime which generated the illegal revenue.
elements
elements
103. Facts:
Awada owned a bar. He placed bets with Sabby. Sabby took
checks given to him by another bettor to Awada who deposited
the checks in his account ad gave the cash to Sabby
elements
104. There is absolutely no requirement that a defendant also be
involved in the underlying crime. Only needs to know
transaction is to conceal.
elements
106. Insider trading occurs
when corporate insiders,
such as officers, directors
and employees,
buy or sell stock in
their own companies.
elements
107. occurs when
a person buys or sells stock
while in possession of
information about the stock
that has not been made public .
elements
108. Would it be illegal if a
CEO tells a friend about
something in the company that
has not been made public and
the friend sells his shares of
stock in that company?
110. Would it be illegal if a
a bank employee comes
into non-public information
about a business while
processing a loan application
and buys the stock
in that business?
elements
111. There are two theories
of insider trading: The classical theory
and
2) The misappropriation
theory.
elements
114. The President of a firm
knows that the FDA is not
going to approve a cancer
drug and immediately
sells his stock in the
company before the news is
made public.
elements
115. The misappropriation theory
imposes liability on
outsiders who trade on the
basis of confidential
information obtained
by reason of their relationship
with the person possessing
the information.
elements
119. Tyler’s Sports Bar and Grill
needs to increase its revenues so
it decides to build a microbrewery.
A loan is needed, but the bar’s
financials will not support the
application. Joe Roberts
changes the financials
to reflect higher revenues.
Has he done anything illegal?
elements
120.
121. Suppose you want to buy a home but
need to show extra income on your
loan application to qualify for
a mortgage. Therefore, your
father gives you a letter stating
that you work at his business
and make $25,000 a year when
you don’t work there. Is this illegal?
elements
elements
122. This crime occurs whenever a person makes a false statement of
a material fact or overvalues property for purposes of inducing
a bank to take action.
elements
123. Does the bank have to rely
on the false statement for
a person to be guilty
of the crime?
125. No. Whether the bank
relied on the statement
is irrelevant. The reason behind the law is that false statements
to federally insured banks can mislead government auditors.
elements
126. Anything wrong with filing
a bankruptcy petition, overstating
your debts or understating
your assets? After all, you can’t
pay off your creditors, so why
does it matter?
elements
elements
127.
128. This crime occurs when a person
devises a scheme to defraud by:
filing a false bankruptcy
statement; filing a false document
in a bankruptcy proceeding; or
making a fraudulent representation
or claim in a bankruptcy case.
elements
129. This crime requires the accused to
have engaged in two or more instances
of racketeering and have
directly invested
in, maintained, or participated in a
criminal enterprise affecting
interstate or foreign commerce.
elements
130. Activities covered include:
Murder, kidnapping, gambling
arson, robbery, bribery, extortion,
Mail and wire fraud, obstruction of
Justice, witness intimidation,
Money laundering, embezzlement,
Etc.
132. Scheme to defraudWhich involves the use of the mails
Or a wire communication
3) For the purpose of executing
the scheme.
elements
elements
133. Even though a corporation
is a separate entity from
its officers and employees,
it may still be held liable
for the criminal actions of
its employees committed
within the scope
of the employment.
elements
134.
135. Criminal liability arises
under the doctrine of respondent
superior. In other words, a
corporation can’t act on its
own, so it acts through its agents
and employees. Therefore, it
should be liable for those
criminal acts committed on
behalf of the business.
elements
136. When is an employee
acting within the
scope of authority for
a corporation to be liable
for criminal
activity?
elements
137. An employee is acting within the scope of
employment if the (1) the employee
has the authority to do the particular
corporate business which was
conducted criminally; (2) the employee
was acting in part in furtherance of
138. the business; and (3) corporate
management has authorized or tolerated
the criminal acts.
elements
139. A classic case would
be a bartender
serving alcohol to
a minor.
elements
elements
140. Should a fraternity be
criminally liable if one
of its members puts beer
in a soda machine
at a pledge party and
a minor buys a beer?
elements
141.
142. A fraternity held a rush at its
house, and the members put beer in a
soda machine. A 19 year old
then bought a beer. The fraternity
had voted not to provide beer at
rush, and the machine had been
moved to an area in which
the defendant did not have control.
elements
144. The individuals
responsible for making
beer available for sale to the
minor were not acting on
behalf of the fraternity or
within the scope of
their authority.
146. The key for corporate liability is whether the agent is acting
within the scope of apparent authority. This occurs when the
principal conducts itself in a way to cause a third person to
believe that the agent is authorized to act. Here, the defendant
had
control over the soda machine and apartment. They also had
interest in the proceeds, and a fraternity member was making
change for the machine. Many of the guests at the party were
under 21, so they should have known.
elements
elements
elements
149. HANDWRITING
elements
elements
elements
Marra, an accountant, refused to comply with an IRS subpoena
asserting 5th amendment rights. He was not being investigated,
he was the accountant for a company being investigated
elements
Are Fifth Amendment rights
violated since turning
Over documents would
Incriminate him?
150. elements
Marra must respond to each question and request and raise his
5th amendment rights to each.
elements
elements
The victim said that
her assailant wore a
ski mask but had a tattoo
of a shark on his shoulder.
District Attorney wants
the defendant to remove
his shirt in court.
elements
Can Christopher be
forced to take off his
shirt in court for an
in-court identification,
or does that violate his
151. Fifth Amendment rights?
elements
While the in-court
identification may
incriminate him, he must
remove his shirt since
it is not testimony
elements
This Amendment deals with the law of search and seizure
elements
Prohibits unlawful search and seizures
Warrants must be issued upon probable cause
elements
Generally, the police
need a search
warrant to search
a person or
his property.
152. elements
Officer must get
written authorization
in form of search
warrant based
upon probable cause.
elements
Search Warrant
is specific as to
location and item.
elements
elements
POST V. RUTTER
elements
153. After receiving a complaint of an administrative violation, the
defendant attempted to inspect plaintiff’s business. Plaintiff
brought suit against defendant for violating his 4th amendment
rights
elements
Ohio’s statute authorizes warrantless searches. The defendant
had a lessened expectation of privacy. Such searches are
necessary for enforcement of the act. Plaintiff’s rights were not
violated.
elements
RESEARCH PAPER GUIDELINES
The research paper should be based on newspaper articles which
have a subject matter related to material we have covered or
will cover in class. Please use a respectable newspaper as your
source, e.g., the Washington Post, the New York Times, etc.
Both papers are available online for free. Wikipedia is not a
reliable source. Further research should be conducted using
online resources that are listed at the end of Chapter One.
Through TuLibrary you can access LexisNexis Academic. Under
the legal category you can search cases and law review articles
on your topic.
154. The paper should include:
1) a summary of the article - providing some factual
background;
2) an explanation of how the article relates to class material,
expanding on what you learned in class - additional research is
required such as cases or law review articles on the topic; and
3) any observations or opinions you may have of the article and
the topic.
Other Requirements:
1) The papers must be at least 5 pages in length and no more
than 7 pages.
2) The papers must be double spaced and typed with one inch
margins. Please use Times New Roman 12 point font or
something equivalent.
3) Attach a copy of the article or articles which you use.
4) A bibliography is required listing all of your source material.
5) Topic approval is required by October 6, 2014.
6) The paper is due November 10, 2014.