CRM 123 – How to Brief a Case
A case brief is a dissection of a judicial opinion. It contains a written summary of the basic
components of that decision. Briefing a case helps you acquire the skills of case analysis and
legal reasoning. It also helps you understand it. Briefs help you remember cases for class
discussions and assignments. Learning law is a process of problem solving through legal
reasoning; case briefs, therefore, should not be memorized. Below are examples and
explanations of the components of a case brief.
1. Case Title and Citation
■ Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health
and Human Services
(Plaintiff Nursing Home) v. (Defendant State Entity) 532 U.S. 598 (2001)
Case titles generally take on the names of the parties involved in the case. For example, in this
case Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and
Human Resources, Buckhannon Board is the party asking the Court to reverse a lower court’s
holding; W est Virginia Department of Health and Human Resources wants the Court to affirm
that holding.
A citation acts as the case’s “address.” There is a standard format for cases contained in the
United States Reports (abbreviated U.S. in case citations). Therefore, in this case, the citation is
532 U.S. 598. This means that this case is found on page 598 of the 532nd volume of the
United States Reports.
2. Procedural History
■ Procedural History
The Court of Appeals affirmed the District Court’s dismissal of the case and denial of
attorney’s fees. The Supreme Court affirmed. The procedural history (or posture) states how the
case got to the court that wrote the opinion that you are reading.
3. Facts
■ Facts
Buckhannon Board and Care Home, Inc. (“Buckhannon”), which operates care homes
that provide assisted living to its residents, failed an inspection by the W est Virginia Office of the
State Fire Marshall because some of the residents were incapable of “self-preservation” as
defined under state law. On October 28, 1997, after receiving cease and desist orders requiring
the closure of its residential care facilities within 30 days, Plaintiff, on behalf of itself and other
similarly situated homes and residents brought suit in federal district court against the state of
West Virginia, two of its agencies, and 18 individuals. Plaintiff agreed to stay enforcement of the
cease-and-desist orders pending resolution of the case and the parties began discovery. The
district court granted W est Virginia’s motion to dismiss, finding that the 1998 legislation had
eliminated the allegedly offensive provisions and that there was no indication that the
Legislature would repeal the amendments. Buckhannon then moved for attorney’s fees as the
prevailing party.
This section includes a brief overview of the relevant facts of the case that (a) describe the
dispute at hand and (b) have bro.
Companies chosen are Google, Pay-pal, & AmazonSeveral compani.docxdonnajames55
Companies chosen are: Google, Pay-pal, & Amazon
Several companies use their brand as a competitive advantage. Given your knowledge about the global economy, identify three brands you believe have the strongest likelihood of remaining a source of advantage in the 21st Century and explain why. Explain the effects you believe the Internet’s capabilities will have on the brands you identified in the previous discussion and what the owner of the brand should do in light of them.
Choose one of the companies above, analyze the internal environment of the company you researched to determine that company’s strengths and weaknesses. Based on the strengths and weaknesses you discovered, determine what steps the company could take to positively impact the company’s competitiveness. Explain your rationale.
Unit I Lesson Notes:
Employer-Employee Relationship
The traditional employer-employee relationship is described as employment-at-will, which simply means that the relationship exists as long as both the employer and the employee want it to exist. That is, employment at-will means that an employee can resign whenever he or she wants to resign for any reason or for no reason. It is often said that an employee must give notice to an employer before the employee resigns, but that idea arises out of the employee hoping for a positive reference from the employer not a legal requirement. Employment-at-will also means that an employer can discharge an employee at any time and for any reason or for no reason, as long as the discharge does not constitute discrimination under federal or state law.
This traditional employment relationship is sometimes modified by employment contracts. Employment contracts are governed by the rules that apply to contracts in general. An employment contract is based on an agreement between the employer and the employee and states express consideration (i.e., the employee promises to work for the employer for a specified period, and the employer agrees to pay the employee a specified amount of compensation). It must be made between parties that have the legal capacity to enter into a contract and be for a legal purpose. Employees hired with a contract can only be terminated according to the provisions of the contract. Conversely, employees hired under the at-will doctrine can have their employment terminated at any time and for any legal reason by either the employer or the employee. As with any other contract, the breach of an employment contract entitles the non-breaching party to recover damages that arise because of the breach of the contract.
An employee who is fired in violation of an employment contract can recover any compensation due under the contract that has not been paid. For an employer, that means an employee who quits in violation of an employment contract may have to pay the costs of finding, hiring, and training a replacement. They may even have to pay back some of the compensation that has already been .
How To Brief a Case Confusion often arises over the term le.docxwellesleyterresa
How To Brief a Case
Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
used.
Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
a hearing.
These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
Arbitration of Employment Claims: The BasicsDBL Law
Employment attorney Kelly Schoening of DBL Law provides basic background on the arbitration of employment claims. This slide show gives employers useful information on the pros, cons, ins and outs of the arbitration process.
BoyarMiller – Navigating Your Company through Spoliation Claims and Strategie...BoyarMiller
A Penny Saved is a Penny Earned:
Navigating Your Company through Spoliation Claims and Strategies to Maximize Recovering Attorneys’ Fees
presented by:
Chris Hanslik, Craig Dillard & Matt Veech
Choose one of the options below for discussion. Be sure to elabora.docxrusselldayna
Choose one of the options below for discussion. Be sure to elaborate and explain. I choose p>81
Waffles and Workers’ Rights (EEOC v. Waffle House, p. 81)
Read about arbitration law in Chapter 4 and Case 4-3 in your textbook, and do some online research on the U.S. Equal Employment Opportunity Commission (EEOC). Then discuss the following:
What is the EEOC’s role in regard to business? Does the court say that the EEOC trumps the arbitration contract between the employee and the employer? If so, why? What are the pros and cons of arbitration agreements? Do you think arbitration agreements between big companies and low wage earners who are uninformed about the law are truly fair? If you have any experiences at work with discrimination policies or EEOC trainings, share those experiences.
Dogs and Dream Therapists (Hagen v. Field, pp. 65 (question 7), and Jones v. Williams, p. 43 (question 9)
P65
The plaintiff, a Texas resident, and the defendants, Colorado residents, were cat breeders who met at a cat show in Colorado. Subsequently, the plaintiff sent two cats to the defendants in Colorado for breeding and sent a third cat to them to be sold. A dispute over the return of the two breeding cats arose, and the plaintiff filed suit against the defendants in Texas. The defendants alleged that the Texas court lacked personal jurisdiction over them because they did not have minimum contacts within the state of Texas.
Read both cases and discuss legal issues for the court, focusing on in each. Summarize what factors the court looks at in determining where a case can be brought. What was the decision in each case, and do you think the decision was correct? Why or why not?
ASE
4-3 p81
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WAFFLE HOUSE, INC.
UNITED STATES SUPREME COURT 534 U.S. 279 (2002)
All employees of Waffle House had to sign an agreement requiring employment disputes to be settled by binding arbitration. After Eric Baker suffered a seizure and was fired by Waffle House, he filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC) alleging that his discharge violated the Americans with Disabilities Act of 1990 (ADA) under Title VII. The EEOC subsequently filed an enforcement suit, to which Baker was not a party, alleging that Waffle House's employment practices, including Baker's discharge “because of his disability,” violated the ADA. The EEOC sought the following: an injunction to “eradicate the effects of [Waffle House's] past and present unlawful employment practices”; specific relief designed to make Baker whole, including back pay, reinstatement, and compensatory damages; and punitive damages.
Waffle House sought to dismiss the EEOC's suit and compel arbitration because of the binding arbitration clause signed by Baker. The District Court denied Waffle House's motion to dismiss. The Fourth Circuit agreed with the District Court that the arbitration agreement between Baker and Waffle House did not foreclose ...
Case Brief GuidanceSingle space and clearly label each section. A .docxwendolynhalbert
Case Brief Guidance
Single space and clearly label each section. A case brief should never exceed a page and a half (usually one page). I may not ask for you to provide all six sections for a given case, so read the assignment instructions. I have included an actual example below and note my comments about the facts, decision, and implications. You are to use only the information in the actual case (no outside help), thus no citations are necessary. You should be sure to include quotation marks if you utilize a direct sentence or phrase. A rubric for scoring is provided in the link below where you accessed this document.
Sections Usually Needed and Clearly Label Each Section:
1. Facts – In a paragraph not to exceed a half of a page, summarize the key events that led us to the presents courts review. This must include include the results of the lower courts as well.
2. Issue – What key question (maybe two) is the Supreme Court addressing? This is usually not whether the court of appeals got it right or wrong, but a legal issue that needs further examination or clarification. It is to be phrased as a question(s) and usually can be directly quoted.
3. Decision – What did the court decide with regards to the question AND what is the next course of action for the case or parties as described in the opinion? This should only two sentences max!
4. Reasoning – Why did the court decide the way they did? This should include the legal reasons for their decision and is likely as long as the facts section depending on the case.
5. Other opinions – Quickly identify what other opinions were written by Supreme Court Justices (concurring/dissenting) and by whom. You do not have to discuss what they said unless I specifically ask for that in the instructions for that case.
6. HRM/Business Implications – What will be the lasting impact of the courts decision on business and HRM practices? This section should probably be around 3 good solid sentences depending on the case.
Example:
1. Facts of the Case
The petitioner Barbara Grutter applied to the University of Michigan Law School in 1996 with a 3.8 GPA and a 161 LSAT score. Grutter was initially placed on a waitlist but was ultimately rejected by the Law School. Grutter filed suit in the United States District Court of the Eastern District of Michigan against the Regents of the university, the Dean of the Law School, the President of the university, and the Director of Admissions at the Law School. Grutter, a white female, claimed that they had discriminated against her on the basis of race which, violated the Fourteenth Amendment, Title VI of the Civil Rights Act, 78 Stat. 252, 42 U.S.C. § 2000d; and Rev. Stat. §1977, as amended, 42 U.S.C. § 1981. Grutter alleged that the University of Michigan used race as a predominant factor to grant admission to certain minority groups and that the respondents had “no compelling interest to justify their use of race in the admissions process. Grutter sued for compensato ...
Companies chosen are Google, Pay-pal, & AmazonSeveral compani.docxdonnajames55
Companies chosen are: Google, Pay-pal, & Amazon
Several companies use their brand as a competitive advantage. Given your knowledge about the global economy, identify three brands you believe have the strongest likelihood of remaining a source of advantage in the 21st Century and explain why. Explain the effects you believe the Internet’s capabilities will have on the brands you identified in the previous discussion and what the owner of the brand should do in light of them.
Choose one of the companies above, analyze the internal environment of the company you researched to determine that company’s strengths and weaknesses. Based on the strengths and weaknesses you discovered, determine what steps the company could take to positively impact the company’s competitiveness. Explain your rationale.
Unit I Lesson Notes:
Employer-Employee Relationship
The traditional employer-employee relationship is described as employment-at-will, which simply means that the relationship exists as long as both the employer and the employee want it to exist. That is, employment at-will means that an employee can resign whenever he or she wants to resign for any reason or for no reason. It is often said that an employee must give notice to an employer before the employee resigns, but that idea arises out of the employee hoping for a positive reference from the employer not a legal requirement. Employment-at-will also means that an employer can discharge an employee at any time and for any reason or for no reason, as long as the discharge does not constitute discrimination under federal or state law.
This traditional employment relationship is sometimes modified by employment contracts. Employment contracts are governed by the rules that apply to contracts in general. An employment contract is based on an agreement between the employer and the employee and states express consideration (i.e., the employee promises to work for the employer for a specified period, and the employer agrees to pay the employee a specified amount of compensation). It must be made between parties that have the legal capacity to enter into a contract and be for a legal purpose. Employees hired with a contract can only be terminated according to the provisions of the contract. Conversely, employees hired under the at-will doctrine can have their employment terminated at any time and for any legal reason by either the employer or the employee. As with any other contract, the breach of an employment contract entitles the non-breaching party to recover damages that arise because of the breach of the contract.
An employee who is fired in violation of an employment contract can recover any compensation due under the contract that has not been paid. For an employer, that means an employee who quits in violation of an employment contract may have to pay the costs of finding, hiring, and training a replacement. They may even have to pay back some of the compensation that has already been .
How To Brief a Case Confusion often arises over the term le.docxwellesleyterresa
How To Brief a Case
Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
used.
Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
a hearing.
These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
Arbitration of Employment Claims: The BasicsDBL Law
Employment attorney Kelly Schoening of DBL Law provides basic background on the arbitration of employment claims. This slide show gives employers useful information on the pros, cons, ins and outs of the arbitration process.
BoyarMiller – Navigating Your Company through Spoliation Claims and Strategie...BoyarMiller
A Penny Saved is a Penny Earned:
Navigating Your Company through Spoliation Claims and Strategies to Maximize Recovering Attorneys’ Fees
presented by:
Chris Hanslik, Craig Dillard & Matt Veech
Choose one of the options below for discussion. Be sure to elabora.docxrusselldayna
Choose one of the options below for discussion. Be sure to elaborate and explain. I choose p>81
Waffles and Workers’ Rights (EEOC v. Waffle House, p. 81)
Read about arbitration law in Chapter 4 and Case 4-3 in your textbook, and do some online research on the U.S. Equal Employment Opportunity Commission (EEOC). Then discuss the following:
What is the EEOC’s role in regard to business? Does the court say that the EEOC trumps the arbitration contract between the employee and the employer? If so, why? What are the pros and cons of arbitration agreements? Do you think arbitration agreements between big companies and low wage earners who are uninformed about the law are truly fair? If you have any experiences at work with discrimination policies or EEOC trainings, share those experiences.
Dogs and Dream Therapists (Hagen v. Field, pp. 65 (question 7), and Jones v. Williams, p. 43 (question 9)
P65
The plaintiff, a Texas resident, and the defendants, Colorado residents, were cat breeders who met at a cat show in Colorado. Subsequently, the plaintiff sent two cats to the defendants in Colorado for breeding and sent a third cat to them to be sold. A dispute over the return of the two breeding cats arose, and the plaintiff filed suit against the defendants in Texas. The defendants alleged that the Texas court lacked personal jurisdiction over them because they did not have minimum contacts within the state of Texas.
Read both cases and discuss legal issues for the court, focusing on in each. Summarize what factors the court looks at in determining where a case can be brought. What was the decision in each case, and do you think the decision was correct? Why or why not?
ASE
4-3 p81
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WAFFLE HOUSE, INC.
UNITED STATES SUPREME COURT 534 U.S. 279 (2002)
All employees of Waffle House had to sign an agreement requiring employment disputes to be settled by binding arbitration. After Eric Baker suffered a seizure and was fired by Waffle House, he filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC) alleging that his discharge violated the Americans with Disabilities Act of 1990 (ADA) under Title VII. The EEOC subsequently filed an enforcement suit, to which Baker was not a party, alleging that Waffle House's employment practices, including Baker's discharge “because of his disability,” violated the ADA. The EEOC sought the following: an injunction to “eradicate the effects of [Waffle House's] past and present unlawful employment practices”; specific relief designed to make Baker whole, including back pay, reinstatement, and compensatory damages; and punitive damages.
Waffle House sought to dismiss the EEOC's suit and compel arbitration because of the binding arbitration clause signed by Baker. The District Court denied Waffle House's motion to dismiss. The Fourth Circuit agreed with the District Court that the arbitration agreement between Baker and Waffle House did not foreclose ...
Case Brief GuidanceSingle space and clearly label each section. A .docxwendolynhalbert
Case Brief Guidance
Single space and clearly label each section. A case brief should never exceed a page and a half (usually one page). I may not ask for you to provide all six sections for a given case, so read the assignment instructions. I have included an actual example below and note my comments about the facts, decision, and implications. You are to use only the information in the actual case (no outside help), thus no citations are necessary. You should be sure to include quotation marks if you utilize a direct sentence or phrase. A rubric for scoring is provided in the link below where you accessed this document.
Sections Usually Needed and Clearly Label Each Section:
1. Facts – In a paragraph not to exceed a half of a page, summarize the key events that led us to the presents courts review. This must include include the results of the lower courts as well.
2. Issue – What key question (maybe two) is the Supreme Court addressing? This is usually not whether the court of appeals got it right or wrong, but a legal issue that needs further examination or clarification. It is to be phrased as a question(s) and usually can be directly quoted.
3. Decision – What did the court decide with regards to the question AND what is the next course of action for the case or parties as described in the opinion? This should only two sentences max!
4. Reasoning – Why did the court decide the way they did? This should include the legal reasons for their decision and is likely as long as the facts section depending on the case.
5. Other opinions – Quickly identify what other opinions were written by Supreme Court Justices (concurring/dissenting) and by whom. You do not have to discuss what they said unless I specifically ask for that in the instructions for that case.
6. HRM/Business Implications – What will be the lasting impact of the courts decision on business and HRM practices? This section should probably be around 3 good solid sentences depending on the case.
Example:
1. Facts of the Case
The petitioner Barbara Grutter applied to the University of Michigan Law School in 1996 with a 3.8 GPA and a 161 LSAT score. Grutter was initially placed on a waitlist but was ultimately rejected by the Law School. Grutter filed suit in the United States District Court of the Eastern District of Michigan against the Regents of the university, the Dean of the Law School, the President of the university, and the Director of Admissions at the Law School. Grutter, a white female, claimed that they had discriminated against her on the basis of race which, violated the Fourteenth Amendment, Title VI of the Civil Rights Act, 78 Stat. 252, 42 U.S.C. § 2000d; and Rev. Stat. §1977, as amended, 42 U.S.C. § 1981. Grutter alleged that the University of Michigan used race as a predominant factor to grant admission to certain minority groups and that the respondents had “no compelling interest to justify their use of race in the admissions process. Grutter sued for compensato ...
InstructionsIntegral to this course will be the ability to read,.docxJeniceStuckeyoo
Instructions
Integral to this course will be the ability to read, understand, brief, and discuss the cases of the Supreme Court of the United States (SCOTUS). The following information, "How to Brief Case Law,” discusses how to master these tasks. This information will be referenced and used throughout the course, including in the unit assessments.
The official site of the Supreme Court of the United States (SCOTUS) is a useful and beneficial tool. Some cases even provide the ability to listen to the oral arguments. This site could be used to supplement any additional information the student might need.
Note: There are numerous sites on the internet that provide case briefs. If any student case briefs are copied, there will be an automatic score of zero for the respective unit.
How to Brief Case Law
A court uses the following components in case law. You should use these components when you brief, or summarize, case law. Each component is detailed below:
1) Proper and full legal citation
2) Procedural history
3) Facts
4) Issue(s)
5) Holding, including vote
6) Rule(s) of law, Legal principle that was used/created
7) Rationale reasoning/analysis use by court
8) Significance—What do we have now, that we did not have before this case?
Case Brief Explanation
Proper and full legal citation
List the title of the case and the case’s legal reference according to APA standards.
Example:
Miranda v. Arizona
, 384 U.S. 436 (1966)
Procedural history
Typically, there is a section that covers the judicial history, that is a very short summary of what happened at each preceding stage: trial court of XX found the defendant guilty (as described in the “Facts” section), (party name) appealed based upon (specify legal issue), and the appellate court affirmed or reversed, it was then appealed to the (State) Supreme Court which reversed or affirmed, and based upon the Constitutional issues of 1,2,3, (these are enumerated in the “issues” section) the case was appealed to the (name the federal court), that affirmed or reversed, and then (party name) appealed to the USSC on the grounds of (very specific constitutional grounds); the court granted certiorari (agreed to hear the case on this specific basis).
Facts of the case
Facts of the case should be the ABSOLUTE fewest words possible to convey the legally relevant issues. No details are needed unless they are specifically related to the particular legal challenge bringing us to the United States Supreme Court (USSC). It takes discipline and practice to keep this to a few lines while still capturing the essentials. This section ends with a conviction and provides a segue to the next section.
Issues
Issues are answered using yes or no question(s) that identify the larger constitutional question that will be considered by the USSC and is typically quite specific in terms of a legal issue, but not necessarily specific to the set of facts in this case. It is possible that a sing.
A penny saved is a penny earned: Navigating your company through spoliation claims and strategies to maximize recovering attorneys' fees. Presented at the Association of Corporate Counsel.
Ware aba dr_adhesive arbitration class actions cfpb_2018 april 3Stephen Ware
Nullification of the CFPB’s Arbitral Class-Waiver Rule
in Political and Legal Context, by KU Law Professor Stephen Ware, of Lawrence, Kansas. For American Bar Ass'n Section of Dispute Resolution annual meeting in Washington, DC, 2018.
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
1 How to B rief a Case Prepared for the L egTatianaMajor22
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 ...
The postings should reflect individual comprehension and inquire.docxgabrielaj9
The postings should reflect individual comprehension and inquires of the material and include supporting information that is properly referenced. The initial posts should be the
minimum
of a short paragraph and a maximum of two paragraphs (approximately 250 words). Also 2 references
Chapter 1
Chapter 1.10 The Legal System
The United States has become an increasingly litigious society; annually, millions of lawsuits are filed by citizens seeking legal remedy to problems they have encountered in the course of their personal or professional lives. Therefore, recreation and sport managers must understand the basic components of the complex United States legal system, including origins of the law, the legal system, and the legal process.
FUNDAMENTAL CONCEPTS
Origins of the Law
There are multiple sources of law including Constitutional law and laws enacted, enforced, and interpreted by the three branches of government.
A constitution is a document that sets forth the basic principles of government, including limits on government power. The federal government, as well as all 50 states, has a constitution; each constitution provides citizens many protections.
Additionally, the federal and state governments each have three branches that exist as a source of law: the legislative branch, which is responsible for enacting new laws and amending existing laws through federal or state legislatures; the executive branch, which enforces existing laws through elected officials or administrative agencies; and, the judicial branch which interprets constitutions or other existing laws through the federal and state court systems.
Legislative Branch
A Congress (or legislature), either state or federal, is the legislative branch of the government, comprised of elected officials in the Senate and in the House of Representatives.
Executive Branch
Often times, statutes require further explanation to be applied to real-life scenarios. This guidance typically comes in the form of regulations created by the executive branch, or an administrative agency created by the executive branch. Regulations are “rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. Although they are not laws, regulations have the force of law, since they are adopted under authority granted by statutes, and often include penalties for violations.”
Judicial Branch
Whether the source of law is a constitution, a statute, or a regulation, the judicial branch is charged with interpreting and applying the law by adjudicating legal claims. When a court makes a decision in a legal case, and authors a written opinion, the decision is referred to as case law; the collective body of case law is called common law.
The Legal System
Once laws are created, they must be interpreted and applied to particular circumstances; as discussed above, this interpretation/application occurs in the judiciary, or court systems.
Federal Court Syst.
An update of key employment law developments in 2014 in the District of Columbia, Maryland, and Virginia written by veteran employment lawyer Robert B. Fitzpatrick, principal of Robert B. Fitzpatrick, PLLC.
Initial Post (250 words)Read and interpret the short story .docxannettsparrow
Initial Post (250 words)
Read and interpret the short story "Damien's Shoes" by Ret'sepile Makamane. What logical inferences can you make based on its details? What can you infer about the narrator in this story, the narrator's son, and the setting of this story? What details suggest this? What other logical inferences can you make about this story? (Length: 250 words)
Two Replies
Respond to the posts of two of your peers by acknowledging their ideas and adding on to them with additional commentary, supporting detail or fact (such as a quote, detail referenced, or scenario from the story), and/or an new or different perspective or logical inference.
Damien’s Shoes
by Ret’sepile Makamane
My son (Links to an external site.)
, Damien, makes fires that flicker throughout rainy June nights. He moves about the shores of Lake Muhazi, lighting a new fire on a new spot every night. People who travel to Kayonza come back to Kigali with stories of having seen him during the rainy season as the smokes of his fires constantly go up to the skies, like a man cast away and looking for rescue. Those who have travelled and visited relatives with houses on the hills around Lake Muhazi in recent years to observe his activities say that my son sails up and down the lake during the day, busy ferrying passengers with completely covered faces to the other side. Others even claim that they have seen him up close, and that unlike other undead dead people he does not run away or conceal his face when you approach him. He has remained ten years old throughout the years, only bits of his hair are beginning to grey now.
When his boat work is done in the evenings, he plays his flute into the night, calming Lake Muhazi into even more stillness. He plays the flute so dedicatedly, earnestly, its melody so piercing, with sorrow so intense – a child blowing all his young soul into a musical instrument just so our land can heal. His flute wakes God from his deep sleep, – since Damien has already given God a few warnings, I hear – saying to God, “Thou Shalt Not Sleep, never. Not here in Rwanda, not anymore! Find yourself another bedroom.” Because God used to sleep here in Rwanda, you know. Lately, God stays awake at night looking intently at the world map, planning to migrate.
I carry with me Damien’s one shoe. He is barefoot, Damien, my boy, that is why he has to make these random fires when it rains in June – to warm his feet. I rescued this shoe from the mouth of a stray dog which made me run and chase it until I was panting like a hound myself. That was back in ninety-four. I was still a young man in those days. Oh, but that dog was not the end of my troubles. I have aged double while walking these hills and valleys with acacia and guava and mango trees, without even seeing their beauty anymore. Walking with a tormented soul, looking for Damien to put on his shoe on the other foot. Blaming myself, sixteen years moiling and roiling through these mangroves and swamp.
initial post one paragraph intext citation and reference Require.docxannettsparrow
initial post one paragraph intext citation and reference
Required Resources
Read/review the following resources for this activity:
Textbook: Humanities through the arts edition 10 F. David Maritine
Minimum of 1 scholarly source (in addition to the textbook – for historical/political influences)
Initial Post Instructions
Choose one of the literary movements that you read about this week and at least one work from that movement. Movements, authors, and famous works are discussed in the lesson as well. You do not have to choose authors or works discussed in the lesson, but you may. For your initial post, address
one
of the following:
Option 1:
Examine the movement and specific work in relation to historical and political influences of the movement. Include a one paragraph summary of the plot before moving on to the examination of the work in relation to the movement.
Option 2:
Examine a specific artwork influenced by a literary work and how the artist captured the subject or story. Here are a few examples, but you are not restricted to this list:
Asher B. Durand's
Thanatopsis
(influenced by William Cullen Bryant's "Thanatopsis")
John William Waterhouse's
The Lady of Shalott
(influenced by Alfred, Lord Tennyson's "The Lady of Shalott")
Sir John Everett Millais's
Ophelia
(influenced by Shakespeare's Ophelia from
Hamlet
)
Gian Lorenzo Bernini's
Apollo and Daphne
or
The Rape of Prosperina
(influenced by ancient myths)
Ancient Greek vase painting (influenced by various ancient myths)
.
More Related Content
Similar to CRM 123 – How to Brief a Case A case brief is a dissection.docx
InstructionsIntegral to this course will be the ability to read,.docxJeniceStuckeyoo
Instructions
Integral to this course will be the ability to read, understand, brief, and discuss the cases of the Supreme Court of the United States (SCOTUS). The following information, "How to Brief Case Law,” discusses how to master these tasks. This information will be referenced and used throughout the course, including in the unit assessments.
The official site of the Supreme Court of the United States (SCOTUS) is a useful and beneficial tool. Some cases even provide the ability to listen to the oral arguments. This site could be used to supplement any additional information the student might need.
Note: There are numerous sites on the internet that provide case briefs. If any student case briefs are copied, there will be an automatic score of zero for the respective unit.
How to Brief Case Law
A court uses the following components in case law. You should use these components when you brief, or summarize, case law. Each component is detailed below:
1) Proper and full legal citation
2) Procedural history
3) Facts
4) Issue(s)
5) Holding, including vote
6) Rule(s) of law, Legal principle that was used/created
7) Rationale reasoning/analysis use by court
8) Significance—What do we have now, that we did not have before this case?
Case Brief Explanation
Proper and full legal citation
List the title of the case and the case’s legal reference according to APA standards.
Example:
Miranda v. Arizona
, 384 U.S. 436 (1966)
Procedural history
Typically, there is a section that covers the judicial history, that is a very short summary of what happened at each preceding stage: trial court of XX found the defendant guilty (as described in the “Facts” section), (party name) appealed based upon (specify legal issue), and the appellate court affirmed or reversed, it was then appealed to the (State) Supreme Court which reversed or affirmed, and based upon the Constitutional issues of 1,2,3, (these are enumerated in the “issues” section) the case was appealed to the (name the federal court), that affirmed or reversed, and then (party name) appealed to the USSC on the grounds of (very specific constitutional grounds); the court granted certiorari (agreed to hear the case on this specific basis).
Facts of the case
Facts of the case should be the ABSOLUTE fewest words possible to convey the legally relevant issues. No details are needed unless they are specifically related to the particular legal challenge bringing us to the United States Supreme Court (USSC). It takes discipline and practice to keep this to a few lines while still capturing the essentials. This section ends with a conviction and provides a segue to the next section.
Issues
Issues are answered using yes or no question(s) that identify the larger constitutional question that will be considered by the USSC and is typically quite specific in terms of a legal issue, but not necessarily specific to the set of facts in this case. It is possible that a sing.
A penny saved is a penny earned: Navigating your company through spoliation claims and strategies to maximize recovering attorneys' fees. Presented at the Association of Corporate Counsel.
Ware aba dr_adhesive arbitration class actions cfpb_2018 april 3Stephen Ware
Nullification of the CFPB’s Arbitral Class-Waiver Rule
in Political and Legal Context, by KU Law Professor Stephen Ware, of Lawrence, Kansas. For American Bar Ass'n Section of Dispute Resolution annual meeting in Washington, DC, 2018.
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
1 How to B rief a Case Prepared for the L egTatianaMajor22
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 ...
The postings should reflect individual comprehension and inquire.docxgabrielaj9
The postings should reflect individual comprehension and inquires of the material and include supporting information that is properly referenced. The initial posts should be the
minimum
of a short paragraph and a maximum of two paragraphs (approximately 250 words). Also 2 references
Chapter 1
Chapter 1.10 The Legal System
The United States has become an increasingly litigious society; annually, millions of lawsuits are filed by citizens seeking legal remedy to problems they have encountered in the course of their personal or professional lives. Therefore, recreation and sport managers must understand the basic components of the complex United States legal system, including origins of the law, the legal system, and the legal process.
FUNDAMENTAL CONCEPTS
Origins of the Law
There are multiple sources of law including Constitutional law and laws enacted, enforced, and interpreted by the three branches of government.
A constitution is a document that sets forth the basic principles of government, including limits on government power. The federal government, as well as all 50 states, has a constitution; each constitution provides citizens many protections.
Additionally, the federal and state governments each have three branches that exist as a source of law: the legislative branch, which is responsible for enacting new laws and amending existing laws through federal or state legislatures; the executive branch, which enforces existing laws through elected officials or administrative agencies; and, the judicial branch which interprets constitutions or other existing laws through the federal and state court systems.
Legislative Branch
A Congress (or legislature), either state or federal, is the legislative branch of the government, comprised of elected officials in the Senate and in the House of Representatives.
Executive Branch
Often times, statutes require further explanation to be applied to real-life scenarios. This guidance typically comes in the form of regulations created by the executive branch, or an administrative agency created by the executive branch. Regulations are “rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. Although they are not laws, regulations have the force of law, since they are adopted under authority granted by statutes, and often include penalties for violations.”
Judicial Branch
Whether the source of law is a constitution, a statute, or a regulation, the judicial branch is charged with interpreting and applying the law by adjudicating legal claims. When a court makes a decision in a legal case, and authors a written opinion, the decision is referred to as case law; the collective body of case law is called common law.
The Legal System
Once laws are created, they must be interpreted and applied to particular circumstances; as discussed above, this interpretation/application occurs in the judiciary, or court systems.
Federal Court Syst.
An update of key employment law developments in 2014 in the District of Columbia, Maryland, and Virginia written by veteran employment lawyer Robert B. Fitzpatrick, principal of Robert B. Fitzpatrick, PLLC.
Similar to CRM 123 – How to Brief a Case A case brief is a dissection.docx (20)
Initial Post (250 words)Read and interpret the short story .docxannettsparrow
Initial Post (250 words)
Read and interpret the short story "Damien's Shoes" by Ret'sepile Makamane. What logical inferences can you make based on its details? What can you infer about the narrator in this story, the narrator's son, and the setting of this story? What details suggest this? What other logical inferences can you make about this story? (Length: 250 words)
Two Replies
Respond to the posts of two of your peers by acknowledging their ideas and adding on to them with additional commentary, supporting detail or fact (such as a quote, detail referenced, or scenario from the story), and/or an new or different perspective or logical inference.
Damien’s Shoes
by Ret’sepile Makamane
My son (Links to an external site.)
, Damien, makes fires that flicker throughout rainy June nights. He moves about the shores of Lake Muhazi, lighting a new fire on a new spot every night. People who travel to Kayonza come back to Kigali with stories of having seen him during the rainy season as the smokes of his fires constantly go up to the skies, like a man cast away and looking for rescue. Those who have travelled and visited relatives with houses on the hills around Lake Muhazi in recent years to observe his activities say that my son sails up and down the lake during the day, busy ferrying passengers with completely covered faces to the other side. Others even claim that they have seen him up close, and that unlike other undead dead people he does not run away or conceal his face when you approach him. He has remained ten years old throughout the years, only bits of his hair are beginning to grey now.
When his boat work is done in the evenings, he plays his flute into the night, calming Lake Muhazi into even more stillness. He plays the flute so dedicatedly, earnestly, its melody so piercing, with sorrow so intense – a child blowing all his young soul into a musical instrument just so our land can heal. His flute wakes God from his deep sleep, – since Damien has already given God a few warnings, I hear – saying to God, “Thou Shalt Not Sleep, never. Not here in Rwanda, not anymore! Find yourself another bedroom.” Because God used to sleep here in Rwanda, you know. Lately, God stays awake at night looking intently at the world map, planning to migrate.
I carry with me Damien’s one shoe. He is barefoot, Damien, my boy, that is why he has to make these random fires when it rains in June – to warm his feet. I rescued this shoe from the mouth of a stray dog which made me run and chase it until I was panting like a hound myself. That was back in ninety-four. I was still a young man in those days. Oh, but that dog was not the end of my troubles. I have aged double while walking these hills and valleys with acacia and guava and mango trees, without even seeing their beauty anymore. Walking with a tormented soul, looking for Damien to put on his shoe on the other foot. Blaming myself, sixteen years moiling and roiling through these mangroves and swamp.
initial post one paragraph intext citation and reference Require.docxannettsparrow
initial post one paragraph intext citation and reference
Required Resources
Read/review the following resources for this activity:
Textbook: Humanities through the arts edition 10 F. David Maritine
Minimum of 1 scholarly source (in addition to the textbook – for historical/political influences)
Initial Post Instructions
Choose one of the literary movements that you read about this week and at least one work from that movement. Movements, authors, and famous works are discussed in the lesson as well. You do not have to choose authors or works discussed in the lesson, but you may. For your initial post, address
one
of the following:
Option 1:
Examine the movement and specific work in relation to historical and political influences of the movement. Include a one paragraph summary of the plot before moving on to the examination of the work in relation to the movement.
Option 2:
Examine a specific artwork influenced by a literary work and how the artist captured the subject or story. Here are a few examples, but you are not restricted to this list:
Asher B. Durand's
Thanatopsis
(influenced by William Cullen Bryant's "Thanatopsis")
John William Waterhouse's
The Lady of Shalott
(influenced by Alfred, Lord Tennyson's "The Lady of Shalott")
Sir John Everett Millais's
Ophelia
(influenced by Shakespeare's Ophelia from
Hamlet
)
Gian Lorenzo Bernini's
Apollo and Daphne
or
The Rape of Prosperina
(influenced by ancient myths)
Ancient Greek vase painting (influenced by various ancient myths)
.
Initial Post InstructionsTriggers are ethnocentric responses to .docxannettsparrow
Initial Post Instructions
Triggers are ethnocentric responses to differences and defensive reactions to ethnocentrism. Any number of things can serve as triggers, but they generally fall into the following categories: voice, appearance, attitude, and behavior. For example, a person of color may become anxious when driving through a small rural town. They may fear being stopped because of looking out of place. Another example would be to react to the smell of curry and spices when walking into an Indian home. The reaction could be either negative or positive depending on your experiences, but you immediately react to the stimulus.
For the initial post, address the following:
Describe a trigger that you have responded or been a witness to in the past, even if it was only a fleeting mental thought.
What was the result of your/their response?
If you/they had a negative response, how could your/their response to the situation been better or different?
What barriers did you/they need to overcome?
.
Initial Post InstructionsFor the initial post,consider thr.docxannettsparrow
Initial Post Instructions
For the initial post,
consider three (3)
of the following events: Treaty of Versailles
Rise of fascism, militarism and imperialism
Failure of the League of Nations Based on your three selections,
choose two (2)
of the following and craft a response for your selections:
Assess if the United States foreign policy during the 1930s helped to promote World War II. Could the United States have prevented the outbreak of World War II? If so, how? If not, why not?
Explain if the United States, despite neutrality, aided the Allies against the Axis powers.
.
Initial Post InstructionsFor the initial post, choose and ad.docxannettsparrow
Initial Post Instructions
For the initial post, choose and address one of the following options:
Option 1:
In the 19th century, the camera was a revolutionary invention, and many artists were concerned about the effect that photographs would have on the art world.
Did the invention of the camera change the arts? Why or why not?
Choose an artistic movement that you believe was influenced by the camera and discuss how the movement was affected.
Include at least one example of an artist and artwork in your response.
Include a statement from a current photographer or critic to support your points.
Option 2:
In the 21st century, the smartphone camera changed the way we use and view photography. In addition, apps and social media have changed the way we share photography.
How has the invention of the smartphone camera changed photography?
How have apps and social media changed the way we share photos? Are they positive and/or negative changes? Explain.
Include a statement from a current photographer or critic to support your points
.
Writing Requirements
Minimum of 1 page
Minimum of 2 sources cited (assigned readings/online lessons and an outside source)
APA format for in-text citations and list of references
.
Initial Post InstructionsDiscuss the differences and similaritie.docxannettsparrow
Initial Post Instructions
Discuss the differences and similarities between the presidential and parliamentary systems, including the executive and legislative branches. Which system do you feel serves its citizen better? Why? Use evidence (cite sources) to support your response from assigned readings or online lessons,
and
at least one outside scholarly source.
Follow-Up Post Instructions
Respond to at least one peer. Further the dialogue by providing more information and clarification. Minimum of 1 scholarly source which can include your textbook or assigned readings or may be from your additional scholarly research.
Writing Requirements
Minimum of 2 posts (1 initial & 1 follow-up)
Minimum of 2 sources cited (assigned readings/online lessons
and
an outside scholarly source)
APA format for in-text cita
.
Initial Post InstructionsAs we jump into the world of Alge.docxannettsparrow
Initial Post Instructions
As we jump into the world of Algebra, it is important to discuss how math, specifically Algebra, is used in the real-world.
Search for videos from Ted Ed showing the real-world value of mathematics. Choose a video to watch and then provide a one-paragraph summary (3-4 sentences) of the video in your own words. Be sure to discuss the math concept used.
Follow-Up Post Instructions
Respond to at least two peers in a substantive, content-specific way. Further the dialogue by providing more information and clarification.
Writing Requirements
Minimum of 3 posts (1 initial & 2 follow-up) with first post by Wednesday
APA format for in-text citations and list of references
.
Initial Post InstructionsFor the initial post, respond to one .docxannettsparrow
Initial Post Instructions
For the initial post, respond to one of the following options, and label the beginning of your post indicating either Option 1 or Option 2:
Option 1:
List the ways in which contemporary presidential campaigns have used social media as a campaign tool. Do you consider social media as a successful tool? Explain your answer. Do you see social media as an unsuccessful tool? Explain your answer and provide examples.
Option 2
: There are numerous discussions involving the Electoral College. There are some people that want to abolish the electoral college while others want to keep it. What do you think? Keep the electoral college or abolish it? Explain the reasons for your choice.
Be sure to make connections between your ideas and conclusions and the research, concepts, terms, and theory we are discussing this week
Writing Requirements
Minimum of 2 sources cited (assigned readings/online lessons and an outside source)
APA format for in-text citations and list of references
.
Initial Post InstructionsAgenda setting can be a difficult t.docxannettsparrow
Initial Post Instructions
Agenda setting can be a difficult task in government. Why? Who do you consider an important agenda setter in government? How does this participant help set the agenda? Give an example of an attempt at agenda setting in government. Was it successful? Why or why not? Consider how factors such as culture, political positions, etc. might impact your own, or the agenda setters' priorities.
Use evidence (cite sources) to support your response from assigned readings or online lessons, and at least one outside scholarly source.
.
Initial Post Identify all the components of a cell. Describe the fu.docxannettsparrow
Initial Post: Identify all the components of a cell. Describe the function of each of these components.
Response #1: Add to your own initial post: Describe cellular metabolism membrane transport and cellular reproduction
Response #2: Add to your own initial post and response #1: Describe the aging process. Identify the pathophysiologic process for 3 underlying principles of aging. Example: oxidative process.
please use APA format
.
Initial Discussion Board Post Compare and contrast life for col.docxannettsparrow
Initial Discussion Board Post:
Compare and contrast life for colonial women in Virginia Colony and Massachusetts. What could women expect from daily living in these colonies? Was class/status more important for women in one colony than the other? Research Margaret Brent who was also known as Elizabeth Poole) She purchased lands in Plymouth from the Indians in 1637. Research her and describe how her experience serves as an example in your response. Minimum length is 500 words.
.
Inital post please respond for the above post question one page with.docxannettsparrow
Inital post please respond for the above post question one page with intext citation and reference.
Required Resources
Read/review the following resources for this activity:
Minimum of 1 primary or scholarly source (from photographer or critic – either will count as your scholarly source requirement for discussions)
Initial Post Instructions
For the initial post, address one of the following options:
Option 1:
In the 19th century, the camera was a revolutionary invention, and many artists were concerned about the effect that photographs would have on the art world.
Did the invention of the camera change the arts? Why or why not?
Choose an artistic movement that you believe was influenced by the camera and discuss how the movement was affected.
Include at least one example of an artist and artwork in your response.
Include a statement from a current photographer or critic to support your points.
Option 2:
In the 21st century, the smartphone camera changed the way we use and view photography. In addition, apps and social media have changed the way we share photography.
How has the invention of the smartphone camera changed photography?
How have apps and social media changed the way we share photos? Are they positive and/or negative changes? Explain.
Include a statement from a current photographer or critic to support your points.
.
Infornnation Technology
in Hunnan Resource
:An
Empirical Assessnnent
By Alok Mishra, PhD, and Ibrahim Akman, PhD
The present paper begins by introducing a number of observations on tiie
appiications ot information teciinoiogy (iT) in tiie field of human resource
management (HRM) in gênerai. Tiiis is due to tiie fact that iT and its wide range of
appiications have already made their presence feit in this area. This wiii be
foliowed by a report on the findings of a survey on the present trends in
organizations with in the different sectors in Turkey. Aithough the impact of iT on
IHRM has iong been attracting the interest of academics, no empiricai research has
ever been reaiized in this fieid in Turiiey, and few studies have been reported
eisewhere. The survey was conducted among the 106 iT managers and
professionais from various sectors, based on whose resuits, the data shows that iT
is used extensiveiy in the organizations to perform IHRM functions in Turicey's
dynamic economy. The results aiso indicated that, while IT has an impact on aii
sectors in terms of IHRM to certain extent, the types of iT used vary significantiy
between recruitment, maintenance, and deveiopment tasi(s. However, the empiricai
resuits here reveai that these organizations are not appiying these technoiogies
systematicaiiy and maturely in the performance of HRM functions.
Key words: human resource management (HRM), human resource management
system (HRMS), human resource (HR), information technoiogy (iT), ANOVAtest,
chi-square test
T
he HRM function in organizations has gained increasing strategic emphasis, and
the importance of its alignment HRM and business strategies is well-acknowl-
edged.^ In fact, effective HRM is vital in order to be able to meet the market
demands with well-qualified employees at all times.^
Technology and HRM have a broad range of influences upon each other, and HR
professionals should be able to adopt technologies that allow the reengineering of the
HR function, be prepared to support organizational and work-design changes caused
by technology, and be able to support a proper managerial climate for innovative and
knowledge-based organizarions.^ These technological advances are being driven
primarily by strong demands from human resource professionals for enhancement in
speed, effectiveness, and cost containment."*
Public Personnel Management Volume 39 No. 3 Fall 2010 271
Snell, Stueber, and Lepak^ observe that HRMSs can meet the challenge of
simultaneously becoming more strategic, flexible, cost-efficient, and customer-oriented
by leveraging information technology Many experts forecast that the PC will become
the central tool for all HR professionals.^ Virtual HR is emerging due to the growing
sophistication of IT and increased external structural options.^ IT is beginning to
enable organizations to deliver state-of-the-art HR services, and reduced costs have
enabled companies, regardless of the firm size-to purchase HR technologies.^.
INFORMED CONSENT LETTER Page 1 of 2 SELF CONSENT .docxannettsparrow
INFORMED CONSENT LETTER
Page 1 of 2
SELF CONSENT
I have been invited to take part in a research study titled:
This investigation is spearheaded by Yulak Landa: whose contact information includes:
[email protected] and (305)833-0053
I understand that my participation is voluntary and that I can refuse to participate or stop taking
part any time without giving any reason and without facing any penalty. Additionally, I have the
right to request the return, removal, or destruction of any information relating to me or my
participation.
I am aware that the participation in this research study is on a voluntary basis, and I am free to
object the invitation as well as to withdraw my involvement as I would deem fit without offering any
reason, getting victimized, or facing any legal suit or conviction. It is also my right to ask for the
withdrawal, return, or discarding of any of the information shared or collected following my
participation in the study.
PURPOSE OF STUDY
I understand that the purpose of the study is to:
Determining how efficient are both the respiratory mask as well as standard mask in preventing
healthcare providers from getting exposed to corona virus in the course of their work. Can they all
be relied to offer the same protection?
PROCEDURES
I understand that if I volunteer to take part in this study, I will be asked to:
Declare information related to chronic illness or preexisting conditions as well as my age. I will as
well be required to fully adhere to the recommended hygiene standards as well as to be fully
dressed with protective gears which include the designated face mask, prior to getting exposed to
SARS- COV – 2 viruses. Also, I will have to undertake a 14 day or more in quarantine as well as
undertake the COVID 19 test. I shall also be required to undertake necessary treatments in the event
I am exposed to the virus.
BENEFITS
I understand that the benefits I may gain from participation include:
I will get a chance to enhance the safety of healthcare providers' who continue to dedicate their
efforts to the treatment and care of COVID_19 patients and relies on face masks as one of their PPE.
For Official Use Only
Received on:
Reviewed on:
End date:
File Number:
mailto:[email protected]
INFORMED CONSENT LETTER
Page 2 of 2
I will assist them in understanding if they would still use the standard face masks, taking into
consideration the general shortage of respiratory masks. All the instruments to be used and
expenses incurred will be covered by the researcher together with any counseling and treatments in
case I am exposed to the virus.
RISKS
I understand that the risks, discomforts, or stresses I may face during participation include:
I understand that I may get exposed to the virus, become sick, or even die from the COVID 19
disease. Due to the gravity of the illness, I may also be psychologically affected..
Informative Presentation Delivery Outline
I. Header
Speech Title:
Audience:
General Purpose/Speech Type:
Specific Purpose Statement:
Thesis Statement or Central Idea:
II. Introduction -
I. Greeting and Attention Getting Device
II. Establish speaker-audience-topic connection/ WIIFT?/ Motivate audience to listen. Reveal your topic – tell the audience what your speech is about.
III. Establish credibility/Ethos
IV. Establish your goodwill?
V. Preview your three main points
1. First main point; same as I in body
2. Second main point, same as II in body
3. Third main point; same as III in body
Transition: connect the introduction to the body
III. Body
I. First main point
A. Support for I (the first main point)
B. Further support for I (details, examples and/or visual aids)
Transition: connect the first major point to the second
II. Second main point
A. Support for II (the second main point)
B. Further support for II (details, examples and/or visual aids)
Transition: connect the second major point to the third
III. Third main point
A. Support for III (the third main point)
B. Further support for III (details, examples and/or visual aids)
Transition: connect the third major point (or all main points) to the conclusion
IV. Conclusion
Summary – Restate your three main points
1. First main point; same as I in body
2. Second main point; same as II in body
3. Third main point; same as III in body
Transition: connect your summary to your closure
Closure Device – (Close with Impact!)
References – you must cite your sources in APA style.
Failure to cite at least three sources will result in a “F” grade for the speech.
Please refer to any of the computer generate citation machines for proper citations.
http://www.easybib.com/
http://www.citationmachine.net/
http://www.bibme.org/apa
Do not use Wikipedia to find sources.
YOU MUST HAVE THREE REFERENCES! No EXCEPTIONS!
(DO NOT NUMBER YOUR CITATIONS!)
PAGE
2
Spring 2019/Assessment
.
Informed Consent FormBy the due date assigned, submit the Inform.docxannettsparrow
Informed Consent Form
By the due date assigned, submit the Informed Consent Letter to the
Submissions Area
(please note that this is only an example and no data may be collected).
Informed Consent Letter
Procedure section is clear, described in detail, specific, and all inclusive. Written in lay language (as documented by reading level score). Includes risks and benefits relevant to study. Address assent (if applicable).
Informed Consent Letter Example
IRB Application
.
INFORMATION THAT SHOULD GO INTO PROCESS RECORDING FOR MICRO WORK.docxannettsparrow
INFORMATION THAT SHOULD GO INTO PROCESS RECORDING
FOR MICRO WORK
There are various formats for completing a process recording. The following is an outline that covers the major areas we want included within a process recording. Please utilize the template that follows for completing a process recording with an individual, couple or family client(s).
1. Description/Identifying Information: The social work student’s name, date of the interview and the date of submission to the field instructor should always be included. Identify the client, always remembering to disguise client name to protect confidentiality. Include the number of times this client has been seen (i.e., "Fourth contact with Mrs. S."). On a first contact include name and ages of the client(s) you have written about. If client is seen in location other then the agency say where client was seen.
2. Purpose and Goalfor the Interview. Briefly state the purpose of the interaction and if there are any specific goals to be achieved, the nature of the presenting issues and/or referral.
3. Verbatim Dialogue (in the table below). A word-for-word description of what happened, as well as the student can recall, should be completed. This section does not have to include a full session of dialogue but should include a portion of dialogue. The field instructor and student should discuss what portions should be included in the verbatim dialogue.
4. Assessment of the Patient/Client/Consumer. This requires the student to describe the clients’ verbal and nonverbal reactions throughout the session. Consider everything that is occurring such as body language, facial expression, verbal outburst, etc.
5. The Student's Feelings and Reactions to the Client System and to the Interview (in the table below). This requires the student to put into writing unspoken thoughts and reactions s/he had during the interview e.g. "I was feeling angry at what the client was saying, not sure why I was reacting this way…”. “ I wonder what would happen if I said such-and-such.”
6. Identify Skills and/or Theory/ Conceptual Frameworks used (in the table below). The student should be able to identify what skills they used in an interaction, and/or what theoretical framework came to mind as they dialogued e.g. “I used the strengths perspective “ “I used the skill of partializing”
7. Supervisor/field instructor comments (in the table below) This requires the field instructor to provide review and critique of the student’s dialogue with the client system, skill identification, and interpretation of the client interview.
8. A summary assessment/analysis of the student's impressions. This is a summary of the student's analytical thinking about the entire interview and/or any specific interaction the student is unsure about. Include any client action or non-verbal activity that the student may want to discuss. (See Guided Questions at the end of the template for this section A-M)
9. Future plans. The .
Information Technology Capstone ProjectIn this course, learners .docxannettsparrow
Information Technology Capstone Project
In this course, learners apply knowledge and skills from other courses as they develop a project that benefits an organization, community, or industry. Learners prepare a proposal that includes a project description, deliverables, completion dates, and associated learning. Upon approval from the instructor, learners execute the proposal, record their progress weekly using a project tracking website, and produce a final project report.
.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdf
CRM 123 – How to Brief a Case A case brief is a dissection.docx
1. CRM 123 – How to Brief a Case
A case brief is a dissection of a judicial opinion. It contains a
written summary of the basic
components of that decision. Briefing a case helps you acquire
the skills of case analysis and
legal reasoning. It also helps you understand it. Briefs help you
remember cases for class
discussions and assignments. Learning law is a process of
problem solving through legal
reasoning; case briefs, therefore, should not be memorized.
Below are examples and
explanations of the components of a case brief.
1. Case Title and Citation
■ Buckhannon Board and Care Home, Inc. v. West Virginia
Department of Health
and Human Services
(Plaintiff Nursing Home) v. (Defendant State Entity) 532 U.S.
598 (2001)
Case titles generally take on the names of the parties involved
in the case. For example, in this
2. case Buckhannon Board and Care Home, Inc. v. West Virginia
Department of Health and
Human Resources, Buckhannon Board is the party asking the
Court to reverse a lower court’s
holding; W est Virginia Department of Health and Human
Resources wants the Court to affirm
that holding.
A citation acts as the case’s “address.” There is a standard
format for cases contained in the
United States Reports (abbreviated U.S. in case citations).
Therefore, in this case, the citation is
532 U.S. 598. This means that this case is found on page 598 of
the 532nd volume of the
United States Reports.
2. Procedural History
■ Procedural History
The Court of Appeals affirmed the District Court’s dismissal of
the case and denial of
attorney’s fees. The Supreme Court affirmed. The procedural
history (or posture) states how the
case got to the court that wrote the opinion that you are reading.
3. 3. Facts
■ Facts
Buckhannon Board and Care Home, Inc. (“Buckhannon”),
which operates care homes
that provide assisted living to its residents, failed an inspection
by the W est Virginia Office of the
State Fire Marshall because some of the residents were
incapable of “self-preservation” as
defined under state law. On October 28, 1997, after receiving
cease and desist orders requiring
the closure of its residential care facilities within 30 days,
Plaintiff, on behalf of itself and other
similarly situated homes and residents brought suit in federal
district court against the state of
West Virginia, two of its agencies, and 18 individuals. Plaintiff
agreed to stay enforcement of the
cease-and-desist orders pending resolution of the case and the
parties began discovery. The
district court granted W est Virginia’s motion to dismiss,
finding that the 1998 legislation had
eliminated the allegedly offensive provisions and that there was
no indication that the
4. Legislature would repeal the amendments. Buckhannon then
moved for attorney’s fees as the
prevailing party.
This section includes a brief overview of the relevant facts of
the case that (a) describe the
dispute at hand and (b) have brought the case to this point.
Basically, you should answer the
questions of who did what to whom and why. The facts of the
case are often presented at the
outset of an opinion of the Court, although sometimes they may
describe through the opinion. It
is also important here to note the holdings of the lower court(s)
(i.e., the legal history of the
case) so that you understand the decision of the Supreme Court
when it “reverses” or “affirms.”
4. Issue
■ Issue
Is a prevailing party is entitled to attorney’s fees in Federal
court when the prevailing
party did not receive a judgment on the merits, but only
prevailed because the lawsuit brought
about a voluntary change in the defendant’s conduct.
5. In this section, you identify the legal issue(s) addressed by the
court. The legal issues should
refer specifically to the facts of the case, but you should not
phrase the issues as purely factual
questions. Issues may involve substantive law or procedural
law.
5. Ruling and Reasoning
■ Ruling and Reasoning
(Rehnquist, J.) No. The Supreme Court of the United States
affirmed the appeals court’s
ruling denying the motion for attorney’s fees. Although
attorney’s fees may be granted to a
prevailing party following a judgment on the merits, in addition
to settlement agreements
enforced through a consent decree, attorney’s fees are not
warranted where there has not been
a judicial determination altering the legal position of the
parties.
In the United States, parties are ordinarily required to bear
their own attorney’s fees so
that the prevailing party is not entitled to collect from the loser.
However, Congress has passed
laws permitting the shifting of attorney’s fees in numerous
6. instances. In refusing to award
attorney’s fees in this instance, though, the court stressed that
its decision was consistent with
prior decisions refusing to award attorney’s fees where the court
issued a directed verdict
against one party.
The ruling and reasoning section includes what this court ruled,
or, how the court answered the
question (theoretically, the court’s application of the law to the
fact of this specific case).
6. Dissenting or Concurring Opinion
■ Dissent
Justice Ginsberg dissented, in which he was joined by Justices
Stevens, Souter, and
Breyer. His dissent stressed that fee shifting should depend on
the outcome of the case, i.e.
whether the prevailing party received their desired outcome,
regardless of whether or not a
judicial decision existed to memorialize the outcome.
Essentially, the dissent defined the term
“prevailing party” in a practical sense, such clear that a party
7. may be considered to have
prevailed even when the legal action stops short of final
judgment due to intervening mootness.
■ Concurrence
Justice Scalia concurred, in which he was joined by Justice
Thomas. His concurrence
focuses on the fact that a prevailing party cannot be one who
left the courthouse empty-handed,
i.e. one must have received a judicial determination to be
considered a revailing party.
On occasion, a case report will include a dissenting opinion that
disagrees with the majority’s
ruling and reasoning. There may also be a concurring opinion
that agrees with the majority’s
result but not its reasoning. If so, briefly sate the main points of
the disagreement.
(Case example obtained from http://www.casebriefs.com,
retrieved April 18, 2012).
Running head: HUMAN RESOURCE MANAGEMENT 1
14
HUMAN RESOURCE MANAGEMENT
8. Recruitment Process and Management of Diverse Workforce
Erica Smith
David Fountaine
11/13/16
1. Develop three (3) recruitment methods for the job
opportunity in question, and suggest two (2) ways that each
method helps one to avoid discriminatory practices. Justify your
response.
There are three recruitment procedures; I used as the
recruitment officer to fill in the customer service positions in
Pepsi corporation. The firm aimed at improving the sales and
marketing section, and hiring more recruits in the field was the
solution approved by the business’s management. Three
methods were used to select a qualified person for the
opportunity. Such methods include; Applicants submits their
documents such as resumes, a short interview, and application
blanks among others (Armstrong & Taylor, 2014). Extensive
research on the applicants, such that their backgrounds check
which verifies the information and qualification. However, the
background checks only happen when the number of candidates
is few (Hanisko, et.al, 2015). This method avoids discrimination
in two significance ways. First, is generous selection ensured
through the presentation of documents showing the qualification
of the vacant position in a firm, and hence selection is made
fairly avoiding discriminatory practices (Armstrong & Taylor,
2014). Secondly, the aspect of conducting further studying the
9. history background of the applicants.
Specific qualifications that are required to examine the
qualifications and the skills of candidates. Most interviewers
use a screening to limit the number of applicants being
interviewed. The screening is used through the computer that is
why most applications are submitted online. It narrows down
the applications that have specific job qualifications that are
needed for the job. To verify the documents and information
given, interviews and proper job testing were conducted.
Consequently, the interviews and tests determine the level of
qualification and results to providing a possible rank of the
candidates with their qualifications and performances from the
test and the interviews. Discrimination is not encouraged due to
fair testing and interviews (Hanisko, et.al, 2015). The tests are
done fairly, and decisions of selecting the appropriate candidate
are made according to the performances and qualifications of
the individual. Applicants should meet all job requirements, of
the application and the recruitment department decided to
examine and evaluate the best candidate for the job.
Discrimination is also not encouraged since this method ensures
equality in terms gender, race, and sex among others (Hanisko,
et.al, 2015).
The third method of used for the selection was offering a
contingent to the finalist. This process can only happen after
two or more candidates have qualified for the job. To avoid
discrimination an offer for the finalist to work together,
prevents possible discrimination by either gender, sex or race.
The Pepsi firm offered three applicants who passed all the
stages of the application and instead of bias selection, the three
finalists were given a chance for a contingent offer and under a
condition of sharing the first salary as the starting salary
(Hanisko, et.al, 2015). One of the finalists bailed out, and the
other two were given the opportunity. Discrimination is also
avoided in the stage through the contingent changes and ensures
that all the finalist are given the opportunity to compete further
despite the completion of the entire application process.
10. Discrimination is neglected and entirely avoided through the
entire three stages and gender; race sex is not however
considered in the selection an appropriate organization
(Hanisko, et.al, 2015).
2. Outline an application process that details the organization’s
method of accepting all applications, as well as its method of
validating applicants’ attainment of the required credentials
(e.g., reviewing resumes, collecting transcripts, verifying
certifications, etc.) for the job opportunity
The Company follows a basic application process where, Job
vacancy posts were published and the job opportunity advertised
in all dimension possible such as the social media (Hanisko,
et.al, 2015). Interested applicants sent their letters and appeared
at the interview dates scheduled. The interviews were conducted
fairly and the results taken as the finalist were chosen and
contacted later to attend the tests (Hanisko, et.al, 2015). Both
external and the internal sources of recruiting employees to fill
an empty position have benefits as well as shortcomings. If
given the opportunity to use one, I would go to an external
source for recruiting employees. There are numerous reasons as
to why I would prefer the external source over the internal
source. Although, internal sources are beneficial in that the
members are promoted and compensated for more work which
motivates them and encourages others to work hard for the
position. Promotions and compensations of these workers bring
an internal competition for the job, and every employee works
hard for the advancement at the same time improve the
production of the company. However, the advantages of using
the external sources in the organization are more beneficial than
the internal sources (Hanisko, et.al, 2015).
First, at times, it may be difficult to get suitable and appropriate
employees for the vacant positions within the organization.
Therefore, using the external sources, it gives a flexibility of
choosing to the management, since many applicants may be
willing to get the opportunity of working for the organization in
the position (Hanisko, et.al, 2015). This flexibility of choosing
11. ensures that the management can select the best from the
applicants and based on the type of skills, ability, and
experience. Secondly, using external sourcing will enable me to
capture persons with new ideas from outside and previous
organizations (Hanisko, et.al, 2015). Foreign supply can catch
individuals with enough experience and skills to implement and
instill new ideas in the departments and the organization at
large. The change of plans, as well as the addition of new ideas
in the company, will ensure that the organization is in a
competitive position with other agencies (Hanisko, et.al, 2015).
Another benefit of using external sourcing of recruitment to the
company is economical since new employees are already
experienced and trained for the positions. The areas required
should fill both the high and low positions. This is a two task
position and requires highly trained and skilled employees to
handle (Hanisko, et.al, 2015). Getting sources from outside the
organization will ensure I get exactly the type of trained
personnel I need for the positions. As mentioned earlier,
external sourcing will give me an opportunity to select from a
variety of interested applicants. This flexibility will ensure I
choose the best from all interested candidates. My selection will
focus on filling the high and the low positions. Hence I would
consider the most skilled, and the person with the great ability
to handle the job. This will reduce the training cost since the
individual is competent and the person is as well experienced
for the work. The experienced employees will ensure new ideas
are implemented in the organizations (Hanisko, et.al, 2015).
In conclusion, recruiting new employees will require the
addition of labor since the workload is added. Therefore, using
internal recruitment source, some employees will have to handle
extra work, and the work might even be axcess to some
employees due to this, the quality of work done by employees in
the organization might reduce causing a decrease in the
production of the company. On the other hand, external
sourcing of recruitment is advantageous because it will lead to
additional of labor in the organization hence reducing the
12. workload per employee. This will lead quality work which
increases production of the organization. Evidently, it is wise to
use external source while recruiting in case some vacant
positions may exists in the department (Hanisko, et.al, 2015).
3. Develop a five- (5) step procedure for the HR Department to
use in order to maintain all applicants’ records in case a
discriminatory charge occurs
1. Procedure for Prevention of Discriminatory Charge
Discrimination happens when an applicant is disadvantaged or
denied the chance due to their age, race, and sex among others.
It may be as a result of personal interest as well, where the
interviewer dislikes the personal character of the applicant
tending to think it may affect their work performance despite
being qualified and can be indirect for or direct form. To
overcome such legal threats, here are some of the precautions
taken in our firm to ensure safety;
· Abide by the law, especially the (Vic) Equal Opportunity Act
(2010) in the United States.
· Discourage such instances of discrimination in the firm.
· The firm has drafted some policies against discrimination in
all perspectives that is, age, and sex among others. These rules
are mandatory, and all employees are committed to them since
they result in severe consequences such as demotion and even
lawbreaking.
· Managers in Pepsi are highly trained and skilled on
perspectives of cultural diversity and discriminations. Managers
and other leaders in the firm likely to commit discrimination
due to the power appointed to them by the firm’s policy.
· There is a peer in the firm working to counsel and guide on
law and other similar issues. For instance, a guiding office has a
department for training the newly employed on the policy of the
firm as well as the social culture of the firm. Also, a grievance
officer is appointed to monitor and observe instances of law
breaking and another issue such as discrimination in the firm.
4. Decide on three (3) background checks that the HR
13. Department must utilize, and justify the relevance of each
background check for the job opportunity
Human Resource should perform a background check to verify
the information their applicants. Verification is important since
it examines the reliability of the documents and the applicant.
The first crucial are to perform a background check on, is the
applicant’s previous experience. They should contact the referee
to understand the applicant's past experiences. Secondly, they
should make inquiries on the applicant’s performances from
their academic institutions, where they graduated. Finally, they
should seek to now the applicant’s record and behavioral
activities. All the three background checks plays a pivotal role
to the applicant’s job opportunity. Verification of their
performance and previous experience already in their possession
will influence the decision of the employers regarding the job
opportunity. The positive response from the background checks
increases their job opportunities, and negative feedback from
checks denies the applicant an opportunity. For instance, if the
referee in the resume comments negatively about the behavior
of the applicant or the performance, then it might cost the
applicant a job opportunity, in spite of their remarkable
qualifications. Employers are advised to respond effectively to
such comments and terminate such applications. On the other
hand, positive comments from the referees will give the
applicant an advantage over the others despite race, age or even
sex.
5. Choose three (3) employment tests (e.g., drug tests, medical
examinations, HIV tests, generic tests, polygraphs, honesty
tests, psychological tests, intelligence and skills tests, and
physical fitness, etc.) that the HR Department should use.
Justify the relevance of each selected employment test to the
job requirements.
The HR might consider employing the drug test, medical test,
and HV test. The firm produces drinks and refreshments, the
health of the employees’ matters to the firm and the consumers.
Some diseases are airborne, and a multitude of employees work
14. together and come to contact with the products, as well as other
human beings regularly. It is necessary that their health is
tested and examined as part of their job opportunity test
(Reiche, et.al, 2016). Those with a disease like HIV cannot
work efficiently in the company and might infect the co-workers
and the clients. Drug abusing has significant impacts and
reduces the efficiency of workers through interfering with their
focus and concentration. It is relevant that they a drug test is
conducted on them and addicts should be denied the job
opportunity with immediate effect. Lastly, any medical
condition should be examined, hiring infected and the ill person
may affect the efficiency and workforce might significantly
reduce in the firm (Reiche, et.al, 2016).
6. Formulate a policy for making both the hiring and
promotional decisions related to the job opportunity. Specify
the major challenges and potential adverse impact of using
subjective criteria for assessing soft skills. Next, suggest one
(1) plan to mitigate the adverse impact. Justify your suggestion.
Performance evaluation is vital for promotion and payment of
the employees. It also provides an opportunity of assessing the
performance of the employees to the management. There are
five steps followed while creating the performance evaluation
system. These steps include the increase of an evaluation form,
identification of measures of performance, setting feedbacks
guidelines, creation of termination procedures as well as
disciplinary and setting a schedule for evaluation. Conducting a
performance evaluation system is important because it can
motivate staff and employees to work hard and do their best for
the promotion and the compensation. It, therefore, should be
performed fairly to maintain and establish a good relationship
with the employees.
The first step of evaluation performance is to develop a form of
evaluation. The use of standard evaluation form ensures fair,
objective and consistent evaluation done. The form used should
only be based on job routine parts. The second step deals with
the identification of the performance measures. They are
15. standard and allow evaluation of performance objective.
Therefore they ensure standard evaluation of job performance.
The third step is guidelines setting and the feedback;
performance evaluation is feedback. The person conducting the
performance evaluation should be aware of the kind of feedback
to give and receive in return. The feedback should be equal and
should encourage feedback from the employee as well (Reiche,
et.al, 2016).
The fourth step is the development of termination procedures
and disciplinary creation. Employees that perform poorly should
as well be handled if they do not change even after the warning.
The kind of warning given to these employees who do not
perform properly may include the following: verbal warning
which is done privately where the employers warn the
employees directly and the written warning. If they don’t
change even after the warnings, then termination of such
employees should follow and replace them with more productive
employees (Reiche, et.al, 2016). Finally, the fifth step is setting
a schedule purposely for evaluation. After the four steps above,
the time to conduct the evaluation should be set. All employees
should be assessed at the same time.
7. Recommend two (2) types of reasonable accommodations for
both disabled applicants and applicants needing special
religious considerations. Argue two (2) legal reasons for not
being able to sufficiently provide such reasonable
accommodation for each group.
Legally, qualified individuals with disabilities, have a right to
demand reasonable accommodation such as adjusting the
application through being more considerate to the disability but
qualified and modifying the work environment to favor the
disabilities and people with religious concern. However, the
employee has the right of employing whom they see fit to their
organization (Reiche, et.al, 2016). They might legally untie
themselves from the reasonable modifications especially to
people with different religion. Employee benefits are
16. compensation given to the employees about the employment.
The types of benefits vary according to the type of country an
employee is working in. However, these benefits exist in the
wider part of the world (Reiche, et.al, 2016). There are
numerous types of benefits offered to the employees. For
instance, there are legally required benefits such as Social
security, insurance for unemployment, compensation insurance.
8. Select one (1) case in which a court charged an organization
with an affirmative action violation and one (1) case in which a
court charged the organization with not managing harassment
issues more expeditiously. Recommend an action plan geared
toward preventing the issues addressed in both cases within
your selected organization. Justify your recommendation
Hostile work environment results from unwanted comments or
behavior as well as interference with the work performance of
an employee (Faulx, et.al, 2013). Also, it can occur through the
creation of hostile, discriminating and offensive working
environment. The harassing behavior is normally not welcomed
to the recipient and damages the individual severely, despite
having a standard base to the objective individual (Faulx, et.al,
2013). Harassment can come from any member of the working
community such as the officials, employees, guests, customers
among others. Sexual harassment, as well as workplace
litigation, violates the law. After going through the interview
with Les, with the evidence documented, Carla violates the law
by sexually harassing the Les. According to Roberts, (2012), the
two are co-workers and Les feels offended or rather
discriminated by the unwanted actions of his ex-girlfriend
Carla. Evidently, the harassment is not directly sexual, but the
offensive messages, emails, and marks on the picture are
evidence of sexual harassment and litigation of workplace. He
conducted an interview with Les regarding the complaint about
further clarification. After getting clarification from the
answers to my interview questions, he was interested in
pursuing the investigation further before making any analysis or
conclusions. All the evidence from the complainant Les side
17. was documented and arranged appropriately (Roberts, 2012).
Meeting with Les seeks for further investigation on the case. A
prosecutor’s questions were answered but more that required
extensive investigation aroused and could not be answered by
Les appropriately (Faulx, et.al, 2013). As a reasonable
investigator, his next step must be the preparation for an
interview from the harasser Carla. It is fair and prompt to gather
information from both sides in spite of the evidence provided
against Carla. Before interviewing Carla, he would need a
closure of the relationship from a witness who was there during
the relationship and the breakup (Roberts, 2012). A core worker
willing to give valuable information will be relevant to the
investigation. After meeting the witness, the information
gathered would not be prompt without Carla’s perspective.
(Roberts, 2012). The information provided is enough to take to
a trial, but settlement can be done providing that, the cause of
Carla’s harassment has a reasonable cause.
9. Choose three (3) work-life conflicts that the HR Director
should consider within the selected organization. Then, outline
a policy geared toward resolving each conflict through the use
of related employment laws. Justify your response.
Some of the major work conflicts that may rise in the
organization include; roles disputes, Harassments, and
discrimination. Such conflicts might arise between any
individual, and the firm should have operating policies to
prevent and resolve such conflicts. For instance, such behaviors
should not be allowed in the workplace and victims and the
offenders should be punished appropriately. Role disputes can
be solved in the organization since it is not an external issue.
Harassment and discrimination can be resolved through
Litigation is a process used in courts to settle disputes of filed
lawsuits (Armstrong & Taylor, 2014). The process is longer and
at times expensive (Faulx, et.al, 2013). To better the service of
people during settling disputes, courts employed an alternative
method to solve disputes which are less time consuming as
compared to the litigation. The alternative dispute settlement is
18. composed of two other methods of resolving conflict matters in
court (Armstrong & Taylor, 2014). Among this alternatives is
mediation, and the another one is known as settlement
conferences. Arbitration is another form commonly used for
resolving the conflict between people and settling their
disagreements (Faulx, et.al, 2013).
10. Use at least four (4) quality academic resources in this
assignment. Note: Wikipedia and other Websites do not qualify
as academic resources
References
Armstrong, M., & Taylor, S. (2014). Armstrong's Handbook of
human resource management practice. Kogan Page Publishers.
Faulx, D., & Blavier, A. (2013). Developing a multiple-level,
multiple-perspective and multi-temporal approach to
psychological harassment at work: model and case study. Le
travail human, 76(2), 155-179.
Hanisko, K., Bucy, R., Ewing, L., Davis, J., Youles, B.,
Kepreos, K., & Nallamothu, B. K. (2015). Recovery after in
HoSpital Cardiac Arrest: Late Outcomes and Utilization
(ResCU)-Study Overview and Recruitment Process. Circulation:
Cardiovascular Quality and Outcomes, 8(Suppl 2), A145-A145.
Reiche, B. S., Stahl, G. K., Mendenhall, M. E., & Oddou, G. R.
(Eds.). (2016). Readings and Cases in International Human
Resource Management. Routledge.
Roberts, B. (2012). Values-driven HR. HRMagazine, 57(3), 45–
48.