This memorandum assigns junior associates to analyze the likelihood that Jellyvision, Inc. will prevail on Count II of its trademark infringement claim against Aflec, Inc. The associates are to write a short memo assessing Aflec's defenses to Count II based solely on the materials provided, including the complaint and citations to relevant trademark law. The memo must be turned in by February 28 and is limited to 6 pages following the standard memo format discussed in class. Associates may discuss the assignment with others in their section but must do their own independent work.
OverviewWrite a 2–page executive briefing of a selected busine.docxaman341480
OverviewWrite a 2–page executive briefing of a selected business-related U.S. case pertaining to the topic of contract law.
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
SHOW LESS
Competency 1: Articulate the importance, context, purpose, and relevance of law in a business environment.
Summarize the facts and ruling of a legal case.
Competency 2: Evaluate the role of contracts in commercial transactions.
Analyze how a legal case could impact businesses.
Explain how a legal case could impact a specific organization.
Competency 5: Develop information literacy skills as applied to business law.
Exhibit information literacy skills as applied to business law.
Competency Map
CHECK YOUR PROGRESS
Use this online tool to track your performance and progress through your course.
Toggle Drawer
ContextContracts are the heart and soul of commercial transactions. Different types of contracts bind parties together in business dealings. Review contracts that you have signed recently—a lease, an employment agreement, an extended warranty—to examine not only the language but also the scope of these agreements. Examine the language in the contract that outlines how disagreements will be resolved, and the penalties that adhere to either party for breach of the contract.
Read the
Assessment 2 Context
document for important information related to the following topics:
Importance of Contracts.
Consideration, Capacity, and Legality.
Breach of Contract.
Creditors, Debtors, and Bankruptcy.
The New Frontier: E-Contracts.
Toggle Drawer
Questions to ConsiderTo deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.
SHOW LESS
What is the difference between an agreement and a contract? What is the difference between an offer and a contract?
If you sign a purchase agreement to buy a house but do not give the seller a deposit, and, after signing, you change your mind before you move in, are you bound by your agreement?
If you offer $500,000 for a person's house and the person responds that he or she wants $500,001, do you have a contract?
In a contract for the purchase and sale of a house, can the parties agree that the price for the house will be the market value of comparable houses on the day of closing?
Are there situations when someone can be bound to keep their promise even though they received nothing in return for their promise?
If the parties sign a purchase and sale agreement for the purchase of a house, and the house is destroyed shortly before the deed to the house is signed by the seller, who bears the risk of loss?
In the modern world, with the growing maturity of young people, are rules protecting minors from the enforcement of contracts archaic?
Toggle Dr.
LS311BUSINESS LAWINTRODUCTION AND SOURCES OF BUSINESS.docxsmile790243
LS311:BUSINESS LAW
INTRODUCTION AND SOURCES OF BUSINESS LAW
Week One: Course Logitics & Getting Started
Things You Ought to Know
It is important to turn your written work in on time to stay on track.
In the legal profession, deadlines are critical.
If an exceptional circumstance arises, please send me an email ASAP and we will discuss it.
*
. . . And s’more things to know…
Give attribution to the owners of original thoughts.
Please do not copy and paste without using quotation marks or citing your source.
It is best to use your own voice and quote and cite correctly!
This helps me see how well you are synthesizing i.e. understanding the material.
*
Welcome to PA311:Business LawPlease review the announcements posted in the course information for my contact information and office hoursSyllabus is listed on the course homepage – please be sure to review it ASAP – if you have not already done so
Course ExpectationsDiscussion Board: 3-5 posts on at least three different days during the unit week (Rubric in DocSharing)Seminar: If you miss it, make up by listening to recording, write a 2-3 page summary, e-mail it to me before next seminar for full creditWritten assignments: due on the last day of the unit week (Tuesday nights).Late submissions make me unhappy, however, I am not unreasonable. E-mail me your excuse prior to it being late.
Late Submission Policy1. A 10 percent penalty is imposed for each week an assignment is late. If the assignment due on Tuesday is submitted on Wednesday, the highest possible grade is a B; one week later, highest grade is a C, etc. No assignment is accepted more than 3 weeks late without my prior approval. No late work will be accepted after the end of term without an Incomplete Grade approval. Course activities not eligible for submission after the conclusion of the week/unit include, but are not limited to, discussion boards, seminars, quizzes, and exams.
Late Submission Policy
Active communication is the key to overcoming any obstacles you may encounter during the term. Advise me, ahead of time, when possible, of extenuating circumstances that might prevent you from completing work by the assigned deadline.
At my discretion, we may agree to an acceptable plan to meet the academic requirements of the course. Prior notification does not necessarily result in a waiver of late penalties.
Email me when you have submitted late work to assure that I am aware of the submission. All late work must be submitted by uploading the assignments using the classroom Drop Box. Be sure to contact me if you have questions.
Academic Honesty
Academic honesty is required at all times. Plagiarism will not be tolerated.
Students are permitted and encouraged to collaborate with research partners on the answer to the research portion of each assignment, the analytical questions in the assignments, and all optional extra credit questions or assignments. Except where the call of the exa ...
OVERALL STRUCTURE OF THE NEW JERSEY SUPERIOR COURT S.docxgerardkortney
OVERALL STRUCTURE OF THE NEW JERSEY SUPERIOR COURT
Summary by A. CRATER, August 2011
S. H. Curcio September 2015
The New Jersey Superior Court is separated into two divisions, the Trial Division and the Appellate Division. The Appellate Division receives a case after a Superior Court judge issues a decision and a party to the case files an appeal. Appeals are necessarily legal in nature, and do not involve witness testimony or presentation of evidence. Appellate Court decisions are made by a panel of judges who review the record of the lower court and arguments of Counsel which arguments are written in briefs and may be argued orally.
The Superior Court-Trial Division handles all matters that are before a court for a verdict, remedy, disposition or other court order that involves the parties, directly. The Trial Division of Superior Court is, itself, divided into two separate divisions, the Civil Division and the Criminal Division.
The Criminal Division handles indictable criminal charges, which are known in some states as felony charges. In New Jersey these criminal charges are simply called “crimes”. (Lesser offenses are not heard in the Superior Court but are in the Municipal Court and they are called “disorderly persons offenses”). All cases before the Superior Court’s Criminal Division are rooted in the New Jersey Criminal Code, which defines the parameters of every crime. The Criminal Code also gives the degree of every crime and specifies the range of sentence for each crime. The Criminal Division is its own Part (the Criminal Part) and is not divided into other sections or courts.
In contrast, the Civil Division has several sections of our Judiciary within it, including Family Part, Family Part-Juvenile and General Civil Part. “Civil Division” does not mean the same thing as “General Civil Part.” Civil Part is only a section of the Civil Division. The Civil Part handles various matters, which are generally disputes that are economic in nature. The types of cases heard in Civil Part include personal injury suits, medical malpractice suits, breach of contract cases and wrongful termination suits. Thus the Civil Part issues orders and accepts verdicts that have a monetary impact on the parties.
Family Part is also a section of the Civil Division, but the Civil Part and Family Part are entirely separate entities. Some of our course materials concerning child protection in a national context will often say that cases concerning children are heard in civil court or they may even say that “dependency” or “child welfare” cases involving children are heard in the “juvenile” court. In New Jersey, however, the court structure is more particular. Although our Family Part is within the Civil Division, there are three separate units. One unit handles all divorce, custody and visitation cases. Another unit handles child protection, guardianship and termination of parental righ.
This is basically do it yourself credit repair letters, you can use these letters when disputing items and sending them in to the credit bureaus yourself.
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 .
OverviewWrite a 2–page executive briefing of a selected busine.docxaman341480
OverviewWrite a 2–page executive briefing of a selected business-related U.S. case pertaining to the topic of contract law.
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
SHOW LESS
Competency 1: Articulate the importance, context, purpose, and relevance of law in a business environment.
Summarize the facts and ruling of a legal case.
Competency 2: Evaluate the role of contracts in commercial transactions.
Analyze how a legal case could impact businesses.
Explain how a legal case could impact a specific organization.
Competency 5: Develop information literacy skills as applied to business law.
Exhibit information literacy skills as applied to business law.
Competency Map
CHECK YOUR PROGRESS
Use this online tool to track your performance and progress through your course.
Toggle Drawer
ContextContracts are the heart and soul of commercial transactions. Different types of contracts bind parties together in business dealings. Review contracts that you have signed recently—a lease, an employment agreement, an extended warranty—to examine not only the language but also the scope of these agreements. Examine the language in the contract that outlines how disagreements will be resolved, and the penalties that adhere to either party for breach of the contract.
Read the
Assessment 2 Context
document for important information related to the following topics:
Importance of Contracts.
Consideration, Capacity, and Legality.
Breach of Contract.
Creditors, Debtors, and Bankruptcy.
The New Frontier: E-Contracts.
Toggle Drawer
Questions to ConsiderTo deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.
SHOW LESS
What is the difference between an agreement and a contract? What is the difference between an offer and a contract?
If you sign a purchase agreement to buy a house but do not give the seller a deposit, and, after signing, you change your mind before you move in, are you bound by your agreement?
If you offer $500,000 for a person's house and the person responds that he or she wants $500,001, do you have a contract?
In a contract for the purchase and sale of a house, can the parties agree that the price for the house will be the market value of comparable houses on the day of closing?
Are there situations when someone can be bound to keep their promise even though they received nothing in return for their promise?
If the parties sign a purchase and sale agreement for the purchase of a house, and the house is destroyed shortly before the deed to the house is signed by the seller, who bears the risk of loss?
In the modern world, with the growing maturity of young people, are rules protecting minors from the enforcement of contracts archaic?
Toggle Dr.
LS311BUSINESS LAWINTRODUCTION AND SOURCES OF BUSINESS.docxsmile790243
LS311:BUSINESS LAW
INTRODUCTION AND SOURCES OF BUSINESS LAW
Week One: Course Logitics & Getting Started
Things You Ought to Know
It is important to turn your written work in on time to stay on track.
In the legal profession, deadlines are critical.
If an exceptional circumstance arises, please send me an email ASAP and we will discuss it.
*
. . . And s’more things to know…
Give attribution to the owners of original thoughts.
Please do not copy and paste without using quotation marks or citing your source.
It is best to use your own voice and quote and cite correctly!
This helps me see how well you are synthesizing i.e. understanding the material.
*
Welcome to PA311:Business LawPlease review the announcements posted in the course information for my contact information and office hoursSyllabus is listed on the course homepage – please be sure to review it ASAP – if you have not already done so
Course ExpectationsDiscussion Board: 3-5 posts on at least three different days during the unit week (Rubric in DocSharing)Seminar: If you miss it, make up by listening to recording, write a 2-3 page summary, e-mail it to me before next seminar for full creditWritten assignments: due on the last day of the unit week (Tuesday nights).Late submissions make me unhappy, however, I am not unreasonable. E-mail me your excuse prior to it being late.
Late Submission Policy1. A 10 percent penalty is imposed for each week an assignment is late. If the assignment due on Tuesday is submitted on Wednesday, the highest possible grade is a B; one week later, highest grade is a C, etc. No assignment is accepted more than 3 weeks late without my prior approval. No late work will be accepted after the end of term without an Incomplete Grade approval. Course activities not eligible for submission after the conclusion of the week/unit include, but are not limited to, discussion boards, seminars, quizzes, and exams.
Late Submission Policy
Active communication is the key to overcoming any obstacles you may encounter during the term. Advise me, ahead of time, when possible, of extenuating circumstances that might prevent you from completing work by the assigned deadline.
At my discretion, we may agree to an acceptable plan to meet the academic requirements of the course. Prior notification does not necessarily result in a waiver of late penalties.
Email me when you have submitted late work to assure that I am aware of the submission. All late work must be submitted by uploading the assignments using the classroom Drop Box. Be sure to contact me if you have questions.
Academic Honesty
Academic honesty is required at all times. Plagiarism will not be tolerated.
Students are permitted and encouraged to collaborate with research partners on the answer to the research portion of each assignment, the analytical questions in the assignments, and all optional extra credit questions or assignments. Except where the call of the exa ...
OVERALL STRUCTURE OF THE NEW JERSEY SUPERIOR COURT S.docxgerardkortney
OVERALL STRUCTURE OF THE NEW JERSEY SUPERIOR COURT
Summary by A. CRATER, August 2011
S. H. Curcio September 2015
The New Jersey Superior Court is separated into two divisions, the Trial Division and the Appellate Division. The Appellate Division receives a case after a Superior Court judge issues a decision and a party to the case files an appeal. Appeals are necessarily legal in nature, and do not involve witness testimony or presentation of evidence. Appellate Court decisions are made by a panel of judges who review the record of the lower court and arguments of Counsel which arguments are written in briefs and may be argued orally.
The Superior Court-Trial Division handles all matters that are before a court for a verdict, remedy, disposition or other court order that involves the parties, directly. The Trial Division of Superior Court is, itself, divided into two separate divisions, the Civil Division and the Criminal Division.
The Criminal Division handles indictable criminal charges, which are known in some states as felony charges. In New Jersey these criminal charges are simply called “crimes”. (Lesser offenses are not heard in the Superior Court but are in the Municipal Court and they are called “disorderly persons offenses”). All cases before the Superior Court’s Criminal Division are rooted in the New Jersey Criminal Code, which defines the parameters of every crime. The Criminal Code also gives the degree of every crime and specifies the range of sentence for each crime. The Criminal Division is its own Part (the Criminal Part) and is not divided into other sections or courts.
In contrast, the Civil Division has several sections of our Judiciary within it, including Family Part, Family Part-Juvenile and General Civil Part. “Civil Division” does not mean the same thing as “General Civil Part.” Civil Part is only a section of the Civil Division. The Civil Part handles various matters, which are generally disputes that are economic in nature. The types of cases heard in Civil Part include personal injury suits, medical malpractice suits, breach of contract cases and wrongful termination suits. Thus the Civil Part issues orders and accepts verdicts that have a monetary impact on the parties.
Family Part is also a section of the Civil Division, but the Civil Part and Family Part are entirely separate entities. Some of our course materials concerning child protection in a national context will often say that cases concerning children are heard in civil court or they may even say that “dependency” or “child welfare” cases involving children are heard in the “juvenile” court. In New Jersey, however, the court structure is more particular. Although our Family Part is within the Civil Division, there are three separate units. One unit handles all divorce, custody and visitation cases. Another unit handles child protection, guardianship and termination of parental righ.
This is basically do it yourself credit repair letters, you can use these letters when disputing items and sending them in to the credit bureaus yourself.
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 .
Similar to Spring 2010 closed memo assignment jellyvision v. aflac lanham act trademark infringement (n-z) (16)
Fall 2010 open memo assignment no doubt v. activision right of publicity cali...
Spring 2010 closed memo assignment jellyvision v. aflac lanham act trademark infringement (n-z)
1. MEMORANDUM
TO: Junior Associates N-Z
FROM: Senior Partner Goering and Senior Associate Glenn
RE: Representation of Aflec, Inc.
DATE: February 10, 2010
Yesterday I met with a new client, Karin Mika, the Chief Executive Officer of
Aflec, Inc. Aflec has retained us to represent the corporation in defending a trademark
infringement claim filed by Jellyvision, Inc. Please refer to the Complaint recently filed
in federal court and served on our client. All of the relevant factual allegations are in the
complaint.
Please assess the likelihood that Jellyvision will prevail in federal district court on
Count II, which alleges a violation of the Lanham Act, 15 U.S.C. § 1125(a). At this point,
you may assume that the facts alleged in the complaint are not in dispute. You may also
assume that the federal district court has proper subject matter jurisdiction, as well as
personal jurisdiction over the defendant corporation.
We plan to file an answer or a motion to dismiss arguing that Jellyvision cannot
prevail on Count II. In order to do so, we need to know what viable defenses or
arguments our client might be able to raise.
I have attached a list of citations to the relevant section of the Lanham Act and all
the other research materials you will need. Please limit your research to these materials.
Do not look up any other legal authority or background information. You may consult a
law dictionary to ensure you understand any unfamiliar terms. Also, you may consult the
websites identified in the complaint to learn more background information on our client
and its alleged infringing online game. You may not look up any other legal authorities,
whether in print or online, and you may not investigate any other facts regarding either
party or any other claims.
After carefully reviewing the attached legal authorities, please write a short office
memo addressing the issues. Your memo should follow the standard format for office
memoranda discussed in the Neumann text, including appropriate headings. Please
double-space your memo using 12-point Times New Roman font, and please use at least
one-inch margins on all four sides. Include page numbers at the bottom center of each
page (except the first), and be sure to include your name and your section in your
heading.
Your completed memo should not exceed 6 pages in length. I will not read past
the sixth page, so be sure you include all required memo components within that overall
page limit. Your final memo is due on or before Sunday, February 28, at 5:00 p.m.
1
2. In preparing your office memo, please cite cases and statutes consistent with the
ALWD citation manual. While I expect you to make a reasonable effort to accurately
cite your authorities, the precise form of your citations will not affect your grade on this
assignment. You are expected to demonstrate that you understand when you should cite
legal authority to support a statement in your memo.
You may discuss the research materials and your analysis with other students in
Section J who are working on the same closed memo assignment. However, you may
not discuss the assignment or any of the materials with anyone else – including other
law students, your parents, your lawyer, your roommate, or your significant other.
Furthermore, you may not show your written work to anyone, including your
classmates. Writing, revising, editing, and proofreading of your memo must be done by
you alone. Any departure from these requirements, however minor in nature, will
be considered a violation of the Washburn School of Law Honor Code and will be
treated accordingly.
Before you begin your work on this assignment, I expect you to carefully review
the Washburn University School of Law Honor Code. If at any time you have any
questions about what is considered permissible conduct, please contact me
immediately by telephone, in person, or by email.
2