Reflection and Discussion Forum Week 9Reflect on the assigne.docx

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Reflection and Discussion Forum Week 9 Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding. Also, provide a graduate-level response to each of the following questions: California passes regulations that address pesticides. These regulations are much stricter on the use and production of pesticides than the federal regulations. Is this permissible under current law? What if California’s regulations are much less strict than the federal regulations? Discuss the required elements of a valid contract analyzing when an agreement rises tothe level of a legally enforceable contract and when it does not Week 9 - Short Essays Question I - Explain some of the hurdles litigants have encountered when it comes to the Endangered Species Act and standing to bring a lawsuit. Question II - A contract is made between two parties. The terms of the contract are complete and unambiguous. A dispute arises between the Parties. Party A wants to pull out of the contract without penalty. Party B argues that Party A’s proposed action is prohibited by the express terms of the contract. Party A argues that the Parties verbally agreed to ignore that provision of the contract that would impose a penalty on Party A. Which Party will prevail and why? .

Education

A contract is made between two parties. The terms of the
contract are complete and unambiguous. A dispute arises
between the Parties. Party A wants to pull out of the contract
without penalty. Party B argues that Party A’s proposed action
is prohibited by the express terms of the contract. Party A
argues that the Parties verbally agreed to ignore that provision
of the contract that would impose a penalty on Party A. Which
Party will prevail and why?

If you're facing a legal dispute, it can be a daunting prospect to navigate the complexities of resolving it. But fear not: our latest article offers a wealth of tips and strategies to help you effectively resolve contract disputes, property disputes, and personal injury cases. We cover everything from negotiation and mediation to filing a lawsuit and seeking legal recourse. With our guidance, you'll learn how to gather evidence, document injuries, and identify breaches of contract, as well as understand the benefits of expert testimony and the importance of seeking guidance from legal professionals. Whether you're seeking to protect your business interests or your personal well-being, our article provides valuable insights to help you achieve a fair and just resolution. So check it out today and take the first step towards resolving your legal dispute. #disputeresolution #contractdisputes #propertydisputes #personalinjury #negotiation #mediation #lawsuit #evidence #experttestimony #legalguidance #lawyers #breachofcontract #legaladvice #knowyourrights #lawresources #legalhelp

Contract Drafting

kiransangam224

The document discusses fundamentals of contract drafting in the US legal system. It outlines key elements that attorneys should consider when drafting a contract, including understanding the client's goals and concerns, the opposing party's position, negotiable terms, and how to address potential disputes. Specific issues that require attention are terms of liability, jurisdiction, confidentiality provisions, termination conditions, and intellectual property rights. The document emphasizes drafting contracts clearly and anticipating conflicts to best protect the client's interests.

Contract Law for Paralegals 2nd Edition Reed Solutions Manual

MccormickPaula

This case raises ethical issues regarding conflicts of interest and confidentiality. As the attorney for both parties in this transaction, Mr. Smith has a conflict of interest that prevents him from adequately representing the interests of both clients. By representing both the buyer and seller, Mr. Smith cannot give each party independent legal advice or advocate solely for their interests, which is required to competently represent a client. Additionally, any confidential information learned from one client cannot be disclosed to the other without consent. Given the conflict, Mr. Smith should not represent both parties to the transaction. One option would be to withdraw from representing both and allow each to obtain independent counsel. Another is to get fully informed consent from both clients after advising them of the conflict and risks

Understanding Contracts in the Clinical Research Process

Michael Swit

Law first coursework notesLaw each paragraph1. Explain.docx

smile790243

Law first coursework notes: Law each paragraph: 1. Explain legal issue- how to identify the issue 2. Use the related law – can look at which seminar questions are related to coursework 3. Application- explain that why I will use this law, where take the law & the apply to the fact 4. Conclusion 5. Use the referencing is required to give intellectual credit to your source, helps the marker recover your source easily and avoids you being accused of plagiarism. Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA). Details of this should ensure all sources are fully cited in footnotes and in their bibliography in accordance with OSCOLA and that indentation or quotation marks (as appropriate) are used when quoting. Students who fail to include a bibliography will be penalized likewise poor citation of sources will result in a loss of marks. Reference should be made to the primary source, except when the primary source can no longer be obtained. Approaching legal problem questions What is a problem question? A legal problem question/case study describes a fictitious scenario then asks you to advise one or more of the parties in it about their legal rights, or possible liabilities. This is what a solicitor does when advising a client in their office. You are the legal advisor and the party/parties you are asked to advise in the question are your clients. How should you structure your answer to such a question? Only think about this once you have read the problem question carefully (several times) and identified the key facts (e.g. key characters, events, and dates). When you are ready to think about your answer the marker will be expecting you to structure it following the ILAC method. This should result in it having a clear and logical structure enabling the marker to see where you are heading. What does ILAC stand for? Introduction Law Application Conclusion What to put in an Introduction Begin your answer with an introduction. It should tell the marker:- About each legal issue you have identified in the question which your client faces; What area (or areas) of law relate to each issue, Why the issue(s) are significant to your client; and The order in which you plan to deal with each of them in turn. This helps the marker to understand what you are trying to do and they can then follow the structure of your answer more easily. For example, in a problem question on contract formation involving an advertisement made by a shop offering a free gift to anyone who spends over £50 in the store on a particular day, the first issue might be to determine the legal status of the advertisement (is it an offer or an invitation to treat?). Once you have identified each issue, it is useful to explain its significance to the outcome of the problem. Why does it matter? How and why will it affect the ultimate advice/outcome for your client? If there are several issues, you should deal wit ...

62CHAPTER 4Offer, Acceptance, and ConsiderationCHAP.docx

troutmanboris

62 CHAPTER 4: Offer, Acceptance, and Consideration CHAPTER 5: Contracts: Capacity, Genuine Assent, the Statute of Frauds, and Illegality CHAPTER 6: Third Parties, Performance and Discharge of Contracts, and Remedies Unit II Contracts rog80328_04_c04_062-088.indd 62 9/20/16 11:14 AM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. 63 C ontract law is of great importance in business and in everyday life. Common trans- actions such as buying a pack of gum at the corner grocery store, purchasing a ticket at a movie theater, or ordering a meal at a restaurant involve making contracts, but so does a complex patent licensing agreement between two multinational corporations. In this unit, we will explore the nature of contracts, the requirements for their valid formation, and the consequences for their breach. A contract is a legally enforceable agreement between two or more people. Although all contracts contain enforceable promises, not all promises result in contracts. Consider the following situation: Henry invites Ericka to dinner, and Ericka accepts. Henry looks forward to the date and can think of little else all day long. A half hour before they were to meet, Ericka calls Henry and tells him that she will not be able to keep their date because Ron has invited her to go danc- ing and she has accepted. Henry is upset, hurt, and angry and would like to sue Ericka for breach of contract, since she has clearly broken a promise made to him earlier that day and caused him distress. Will he succeed? Ericka may not be a very nice person, and she may have had a moral obligation to attend the dinner date. Nevertheless, she had no legal obligation to do so. The agreement that she breached was not a contract, but merely a social obligation that the courts will not enforce. In order for there to be a valid contract, certain essential elements must exist. These include an offer to enter into a contract, acceptance of the offer by the other party, an exchange of consideration between the parties, and a legal purpose for the contract. In addition, both parties must have the capacity to enter into a contract. We will explore these elements in depth in this unit. We will also discuss certain types of contracts that must be in writing to be enforceable and situations in which a contract is unenforceable due to a lack of genuine assent, such as in cases of fraud or mutual mistake of fact. We enter into contracts every day. On the way to work, you pick up a newspaper at a news- stand. You also stop for a cup of coffee at a cafe. While there, you use your phone to browse the Web and purchase tickets to a concert online. Finally, you arrive at the bus stop and pay your fare as you enter the bus that will take you to work or to class. In each of these examples, a contract was made. In each case, there was a valid offer and acceptance (your ordering the drink and the cafe’s providing.

Arbitration processpt1

Jim Walker

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

Grievance Basics I

Jim Walker

This document provides an overview of the grievance process. It discusses the five steps of a grievance (investigation, identification, documentation, preparation, presentation). It also lists common categories for grievances and discusses the scope of grievances. Additionally, it covers considerations for early resolution, interviewing potential grievants, keeping notes in the process, and topics to cover in future classes on grievances.

This document provides the syllabus and assignments for a business law course (BUS 311). The course is divided into 5 weekly modules. Each module includes discussion questions and assignments related to topics in business law, such as contracts, torts, employment law, and intellectual property. For example, Week 1 asks students to analyze a hypothetical legal case and discuss jurisdiction. Week 2 focuses on contract elements and unconscionability. Assignments include analyzing examples of contracts and writing a critical analysis paper. Later modules address additional topics like property, ethics, and international business law.

Investigative negotiation

Norang Lal

This document summarizes a presentation on investigative negotiation techniques. It outlines four types of negotiation and focuses on investigative negotiation. The presentation describes five principles of investigative negotiation: understanding why counterparts want something, seeking to understand and mitigate constraints, interpreting demands as opportunities, creating common ground with adversaries, and continuing investigation even if a deal seems lost. Examples are provided to illustrate each principle. The document also discusses tactics for obtaining information from distrustful negotiators, such as sharing information reciprocally, negotiating multiple issues simultaneously, and making multiple offers at once. In conclusion, effective negotiation relies on understanding the other side's interests and obtaining information.

Investigative negotiation

Norang Lal

Assignment #5 100 points ________________________.docx

jane3dyson92312

Assignment #5 100 points _______________________________________________ A Comprehensive Position on Psychoactive Substances _______________________________________________ Preparation: By this point in the course, you have been exposed to a variety of different sources of information that attempt to contextualize psychoactive substance use in the United States. You also have written a number of short essays that focus on different substances and facets of use. Today’s assignment focuses on your ability to articulate a cohesive “summary” of your attitudes, beliefs, and understanding based on these experiences. Your Assignment: You have been hired by a non-partisan “think tank” to draft a position statement on psychoactive substances in the United States. This statement will be distributed to congress, members of the media, judicial agencies, public health agencies, and other interested parties. The purpose of the statement is to encourage a paradigm shift – to suggest a new way of thinking about psychoactive substances, or, if you wish, to reinforce current ways of thinking. Content for this statement should include (examples are provided on the reverse of this sheet): - What is the psychoactive substance that is most important to address in the United States? Choose one. - What current strategies address use of that substance? - What new strategies do you suggest to address that substance, if any? What You Need to Submit: This assignment should be a minimum of 1,250 words. Grading: Thorough examination of the issue 80 points - Part One (Selection of Most Important) (20) - Part Two (Current Strategies) (30) - Part Three (New Strategies) (30) Grammar/Spelling/Length 20 points Brief Sample Assignment: Most Important Substance: Here, I’m looking for you to select a single substance (i.e., cigarettes, alcohol, marijuana, etc…) that you think is important to address. Then, explain why it is the most important substance. A shortened example might be: “Marijuana is the most important substance to address in the United States because it’s the most contentious in terms of law. In other words, it is the area of the most conflict between state and federal governments.” - Then, tell me how you came to this conclusion (i.e., the standard that you used to determine this). - Provide examples Current Strategies: Identify one or two current strategies (such as MLDA 21, drug scheduling, warning labeling on cigarette packages, etc…) that have addressed the use of that substance. Then, tie them in to the issue you identified in the first part of the assignment. For example, “Marijuana remains illegal at the federal level with no accepted medical uses. This is because the FDA has stated that it will never approve a smoked substance as a medical product. However, this quickly is becoming a law without teeth, as .

Response 1.A contract is the ways in which the Government procur.docx

ronak56

Response 1. A contract is the ways in which the Government procure goods and services through other sources that can be written or oral agreements. Acquisition personnel should be fully engaged in order for this process to go through a smooth transition all parties involved should have actual contribution to be successful. The Government rely heavily on these approved agencies which will eventually turn into a contractual binding document. Contract managers oversee the execution of agreements in organizations. They are responsible for ensuring all of the elements of a contract are legal, moral, ethical, and match the organizations overall goals. In procurement, this can include payment terms, where items are sourced, and how they are delivered. The supply chain has several moving parts and the contract manager needs to ensure all bases are covered prior to executing an agreement with a vendor. While creating purchasing terms with vendors, the contract manager is responsible for upholding contractual guidelines both by law and the morals of the organization so the business does not suffer in dealing with negative repercussions as a result of quality assurance report or summary. The difference between Common Law is judge-made law (CSAL, 53). While Administrative Law is driven by governing agencies to control or decide rules and procedures also known as Administrative Procedure Act in 1946. Agencies are well aware of what their left and right limits are and regulates how they conduct business. Here are a few agencies that abide by this law are Federal Aviation Agency and Environmental Protection Agency. I believe that we have the contract negotiation process, because it requires terms for agreement between two parties. This is a skill that is needed when trying to get new equipment or services, but it takes effort and practice to have when determining the best possible or low price. Response 2 According to the Federal Acquisition Regulation, “a contract is a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing”. Easy to explain, it is simply an agreement between two entities that exchanges services for payment and that have consequences if either side does not deliver from their end. Common law is defined as laws that are decided by judges and court systems at a local level. Administrative law is the rules and regulations that that oversea government agencies and federal entities. The administrative law is created by laws created and passed by congress and the states. The reason contract negotiation is important is because, we always strive for the best possible deal for the government. The more we can save on a certain contract, the more we can invest into a smaller contract that ...

Legal Office Contracts KEY CONSIDERATIONS FOR CONTRACTS

TechSoup

Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac.docx

lmelaine

Feedback for 5-2 Milestone Two: Case Study Two Submission Feedback Hi China: Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return. Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract. http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2 Prof. McCool Case Study Two: Quasi-Contract: A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121 Prof. McCool Case Study Two: Rights and Obligations: Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted Case Study Two: Grounds to Evict Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment. https://www.landlordology.com/implied-covenant-quiet-enjoyment/ Prof. McCool Case Study Two: Defenses: Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...

To Agree or Not To AgreeThis week, you have been learning about .docx

depoerossie

To Agree or Not To Agree This week, you have been learning about the essential requirements of all contracts. The initial step toward forming a contract is agreement. Agreement has been satisfied when one party makes an offer to a second party and that second party accepts the offer. Consider the following situation: Johnny and Sally are students at Nononline University. Sally often admires Johnny's iPod in the Business Law class that they take together. One Friday night she decides to send Johnny the following e-mail: "Hi Johnny. You know I just love your MP3 player, all the music that's on it and the playlists you have created. I'd like to offer you $400 for the MP3 player and all the music on it. If I do not hear from you by midnight on Sunday, I'll consider my offer accepted. Thanks. I hope you decide to sell. Sally" Johnny ignores the email and does not respond. Sally and her boyfriend go to Johnny's dorm room Monday afternoon. Sally attempts to give Johnny $400. He refuses the money and refuses to give Sally the MP3 player. Johnny claims that he never accepted Sally's offer. Sally insists that he did and goes to get campus security. Sally's boyfriend waits with Johnny in his room. Based on your reading for this week Is there agreement and a contract? With these thoughts in mind: Post a statement by Day 3 that declares whether or not you believe there is agreement in this case and who should legally be entitled to the iPod, as well as the reasons for your determination. Read a selection of your colleagues' postings. Respond by Day 5 to two or more of your colleagues' postings in one or more of the following ways: Ask a probing question. Share an insight from having read your colleague's posting. Offer and support an opinion. Make a suggestion. Expand on your colleague's posting. Return to this Discussion in a few days to read the responses to your initial posting. Note what you learned and the insights you gained as a result of the comments your colleagues made. Be sure to support your work with specific citations from the Learning Resources and any additional sources. Notes from teacher: A contract is a legally enforceable promise. The parties must manifest by words or conduct their mutual assent to a contract. Usually this is done when one of them makes an offer and the other accepts it. Additionally, the contract must involve an exchange of consideration; the parties must have the legal capacity to contract; and the contract itself must be legal. Also, some contracts must be in writing; in the United States, the most common contracts that must be in writing are those involving a sale of goods for more than $500. Offer and Acceptance This week we will discuss the first requirement for a valid contract: that the parties have reached agreement on the terms of their deal. While all requirements for forming a contract are essential, the fact the parties agree on a deal is the most important element an.

Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac

alisondakintxt

In 1736, a famous Swiss mathematician Leonhard Euler (1707 – 1783).docx

bradburgess22840

In 1736, a famous Swiss mathematician Leonhard Euler (1707 – 1783) started the work in the area of Graph Theory through his successful attempt in solving the problem of “Seven Bridges of Konigsberg.” Graph Theory solved many problems in multiple fields (Chinese Postman Problem, DNA fragment assembly, and aircraft scheduling.) In Chemistry, Graph Theory is used in the study of molecules, construction of bonds in chemistry, and the study of atoms. In Biology, Graph Theory is used in the study of breeding patterns or tracking the spread of disease. Write a three to five (3-5) page paper in which you: 1. Choose two (2) applications for graph theory within your area of specialization (Networking, Security, Databases, Data Mining, Programming, etc.). 2. Examine how these applications are being used in your specialization. 3. Determine how graph theory has advanced the knowledge in your area of specialization. 4. Conclude how you will apply graph theory in your area of specialization. 5. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not quality as academic resources. Your assignment must follow these formatting requirements: · Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. In-text citations must be used appropriately and have a corresponding reference entry. Each reference must have at least one in-text citation. Check with your professor for any additional instructions. · Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. The specific course learning outcomes associated with this assignment are: · Model relationships with graphs, functions, and trees. · Use technology and information resources to research issues in discrete math. · Write clearly and concisely about discrete math using proper writing mechanics. [INSERT TITLE HERE] 2 PART I Directions: Please review the questions below and write a 3-4 page essay analyzing each legal issue presented in this week’s modules readings. Please apply APA format with in text citing, reference list, and double-space. Limit your word count to 2,000 words. Please visit the Academic Resource Center for help with APA format. If applicable, include arguments from each side. If a criminal case exists, you would present arguments from the prosecutor and the defense attorney. If it is a civil case, then you would argue as a plaintiff and defense lawyer. Be sure that your answers respond to the questions. Do not restate the problem in your answer. Mention the facts where relevant to your analysis. If you are asked for a recommendation, be sure to include one, but do not fail to consider counterarguments. If your answer depends upon essential in.

Bus 311 entire course

walcawhomza1973

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