Categories
Law

Create a post of a minimum of 250 words answering the below discussion points (f

Create a post of a minimum of 250 words answering the below discussion points (found immediately below the following instructions).
Discussion Topic 1—(Contributory Negligence—Should It Be Changed?)
No unread replies.No replies.
Maryland and 4 other jurisdictions, of 51 (50 states plus D.C.) use contributory negligence. The other 46 jurisdictions use comparative negligence, either pure or modified.
In November of 2010, Court of Appeals Chief Judge Robert M. Bell sent a letter to the Judiciary’s Standing Committee on Rules of Practice and Procedure to determine how a change could be made ”…if the Court were to consider replacing the doctrine of contributory negligence, a common law doctrine in Maryland, with some sort of comparative fault.”
In February 2011, Delegate Benjamin F. Kramer introduced a bill which would require, by statute, that Maryland continue to use contributory negligence. It did not pass.
On April 15, 2011, the Rules Committee issued its report which recommended no change be made by rule and further indicated, if any change were to be made, it should properly be made by either the Maryland Legislature or by a Court of Appeals case.
Other states have used one of these two methods.
On September 10, 2012, the Court of Appeals of Maryland heard oral arguments in the case of Coleman v. Soccer Association of Columbia on the topic. You must watch a Webcast of the arguments by Googling Maryland Courts, then to Courts at the top of the page, then to Court of Appeals, then to Webcasts, then to Oral Argument Archives, then to September 2012 term, then scroll all the way down to the Coleman case (No. 9) on 9-10-2012. When you watch you can hear arguments on both sides of the issue.
Here is a link: https://youtu.be/dkOX4u1YOSI
Use your cursor to slide the progress bar back to the beginning of the oral arguments.
During the oral arguments you will hear the term, UCATA. This is the Uniform Contribution Among Tortfeasors Act.
The opinions were filed on July 9, 2013. You must read the opinions of the Coleman case (there are 3—one majority, one dissenting and one concurring) and decide which you support.
Here is the link to the opinions: https://mdcourts.gov/data/opinions/coa/2013/9a12.pdf
You can also use Google to help find information, both pro and con, to help you form an opinion.
Discussion Points:
Do you believe the Maryland Legislature should change from contributory negligence to comparative negligence and more importantly, why?
And also, if your answer is yes, which type—pure or modified—would you choose, and why?
Lastly, what was your impression of the oral arguments in the Court of Appeals?

Categories
Law

Create a post of a minimum of 250 words answering the below discussion points (f

Create a post of a minimum of 250 words answering the below discussion points (found immediately below the following instructions).
Discussion Topic 1—(Contributory Negligence—Should It Be Changed?)
No unread replies.No replies.
Maryland and 4 other jurisdictions, of 51 (50 states plus D.C.) use contributory negligence. The other 46 jurisdictions use comparative negligence, either pure or modified.
In November of 2010, Court of Appeals Chief Judge Robert M. Bell sent a letter to the Judiciary’s Standing Committee on Rules of Practice and Procedure to determine how a change could be made ”…if the Court were to consider replacing the doctrine of contributory negligence, a common law doctrine in Maryland, with some sort of comparative fault.”
In February 2011, Delegate Benjamin F. Kramer introduced a bill which would require, by statute, that Maryland continue to use contributory negligence. It did not pass.
On April 15, 2011, the Rules Committee issued its report which recommended no change be made by rule and further indicated, if any change were to be made, it should properly be made by either the Maryland Legislature or by a Court of Appeals case.
Other states have used one of these two methods.
On September 10, 2012, the Court of Appeals of Maryland heard oral arguments in the case of Coleman v. Soccer Association of Columbia on the topic. You must watch a Webcast of the arguments by Googling Maryland Courts, then to Courts at the top of the page, then to Court of Appeals, then to Webcasts, then to Oral Argument Archives, then to September 2012 term, then scroll all the way down to the Coleman case (No. 9) on 9-10-2012. When you watch you can hear arguments on both sides of the issue.
Here is a link: https://youtu.be/dkOX4u1YOSI
Use your cursor to slide the progress bar back to the beginning of the oral arguments.
During the oral arguments you will hear the term, UCATA. This is the Uniform Contribution Among Tortfeasors Act.
The opinions were filed on July 9, 2013. You must read the opinions of the Coleman case (there are 3—one majority, one dissenting and one concurring) and decide which you support.
Here is the link to the opinions: https://mdcourts.gov/data/opinions/coa/2013/9a12.pdf
You can also use Google to help find information, both pro and con, to help you form an opinion.
Discussion Points:
Do you believe the Maryland Legislature should change from contributory negligence to comparative negligence and more importantly, why?
And also, if your answer is yes, which type—pure or modified—would you choose, and why?
Lastly, what was your impression of the oral arguments in the Court of Appeals?

Categories
Law

have there been any ethical violations committed by Justin? Can Beatrice report

have there been any ethical violations committed by Justin? Can Beatrice report Justin for any
conduct issues to the Florida Bar? Explain. Use the ABA Model Rules of Professional Conduct
to support your argument. Be sure to cite the rules upon which you are relying.

Categories
Law

Discuss the major differences between a legal “investigatory stop” under the Fo

Discuss the major differences between a legal
“investigatory stop” under the Fourth Amendment
and Terry v. Ohio, and a lawful arrest. Be sure to
include a full discussion of the different standards
involved and the factual showings that must be established by the police to sustain the seizure.
Give an example of a scenario that would justify
one over another.
Please cite United States vs. Drayton, Utah vs Strieff, or Whren vs United States

Categories
Law

The Supreme Court Precedent Research Assignments will provide you with an invalu

The Supreme Court Precedent Research Assignments will provide you with an invaluable opportunity to thoroughly research concepts of law that have shaped and continue to shape the fundamental nature of America’s electoral process, the makeup of America’s representative government, and ultimately the process by which public policy is made in the United States.
These assignments will provide you with a strong context and foundation for understanding American law and public policy, along with a deep and nuanced understanding of:
• the conflicting fundamental presumptions, ideas, ideals, and principles that shape our political system
• the impact that those conflicts have on the political power structures
• the laws and policies created by the dominate political actors
For this assignment, you will write a brief research paper in about 6-10 pages evaluating the principles, ideas, and precedents reflected in the assigned Supreme Court decision while considering fundamental ideas of liberty (including those reflected in Frédéric Bastiat’s The Law), the United States Constitution, biblical principles, and your original research into United States founding documents and other principles of good government.
In addition to the guidelines below, you are expected to comport with the highest writing and research, standards. In order to do well on this assignment, you must conduct high-quality research and offer rich, well-supported analysis; mere opinion or conjecture will not suffice.
To begin you will provide a brief synopsis of the assigned Supreme Court case and identify what you believe to be one or more of the core principles, ideas, and/or impacts of the Supreme Court’s decision in the assigned case. Then, you will explain the importance of that principle, idea, or precedent in the context of this course, and provide your evaluation of that principle, idea, or precedent and the impact of your identified principle, idea, or precedent taking into consideration:
1. Fundamental ideas of liberty (including those reflected in Frédéric Bastiat’s The Law)
2. The United States Constitution
3. Biblical principles
4. United States founding documents*
5. Other principles of good government*
*You will need to conduct your own research to establish the connection between the assigned Supreme Court case and these items.
• The research paper must be written in current APA or Turabian format.
o Your paper must be double spaced, utilize 12-point Times New Roman font, and have 1” margins.
• You must have a minimum of 5 scholarly, legal, or otherwise appropriate references.
o Your paper must employ enough appropriate scholarly/legal sources to fully support your assertions and conclusions. In order to be successful, you will likely need to acquire more than the minimum number of citations.
• Acceptable sources include scholarly articles, legal cases, law and policy journals, and other appropriately analytical professional sources.

Categories
Law

provide a link or cite to an article or case, briefly summarize it, and then pro

provide a link or cite to an article or case, briefly summarize it, and then provide your personal opinion/comment about what you read.

Categories
Law

Stuffing: Provide sound reasoning for your stance and back it up with references

Stuffing: Provide sound reasoning for your stance and back it up with references, if possible. Your logic should be factual, not emotional.
Scenario
You are a production manager for a company that manufactures toy stuffed animals. The current stuffing in the manufacturing process has become prohibitively expensive and you have been tasked with finding an alternative stuffing. You have found a new stuffing that is compatible with your assembly line and within the price range set by the company. This new stuffing contains a fiber that may be linked to lung disease if it is inhaled after becoming airborne. You believe that risk can be effectively controlled by using a rayon cloth “second skin” to enclose the stuffing before attaching the outer covering of the animal. The cost of the stuffing and enclosing it in a “second skin” is still within the price range set by the company.
Discuss the regulatory issues your company faces if it should choose to use this new stuffing with the “second skin.” What federal regulatory agencies would regulate the use of this stuffing, what requirements must your company comply with if it uses the stuffing?

Categories
Law

Stuffing: Provide sound reasoning for your stance and back it up with references

Stuffing: Provide sound reasoning for your stance and back it up with references, if possible. Your logic should be factual, not emotional.
Scenario
You are a production manager for a company that manufactures toy stuffed animals. The current stuffing in the manufacturing process has become prohibitively expensive and you have been tasked with finding an alternative stuffing. You have found a new stuffing that is compatible with your assembly line and within the price range set by the company. This new stuffing contains a fiber that may be linked to lung disease if it is inhaled after becoming airborne. You believe that risk can be effectively controlled by using a rayon cloth “second skin” to enclose the stuffing before attaching the outer covering of the animal. The cost of the stuffing and enclosing it in a “second skin” is still within the price range set by the company.
Discuss the regulatory issues your company faces if it should choose to use this new stuffing with the “second skin.” What federal regulatory agencies would regulate the use of this stuffing, what requirements must your company comply with if it uses the stuffing?

Categories
Law

The Supreme Court Precedent Research Assignments will provide you with an invalu

The Supreme Court Precedent Research Assignments will provide you with an invaluable opportunity to thoroughly research concepts of law that have shaped and continue to shape the fundamental nature of America’s electoral process, the makeup of America’s representative government, and ultimately the process by which public policy is made in the United States.
These assignments will provide you with a strong context and foundation for understanding American law and public policy, along with a deep and nuanced understanding of:
• the conflicting fundamental presumptions, ideas, ideals, and principles that shape our political system
• the impact that those conflicts have on the political power structures
• the laws and policies created by the dominate political actors
For this assignment, you will write a brief research paper in about 6-10 pages evaluating the principles, ideas, and precedents reflected in the assigned Supreme Court decision while considering fundamental ideas of liberty (including those reflected in Frédéric Bastiat’s The Law), the United States Constitution, biblical principles, and your original research into United States founding documents and other principles of good government.
In addition to the guidelines below, you are expected to comport with the highest writing and research, standards. In order to do well on this assignment, you must conduct high-quality research and offer rich, well-supported analysis; mere opinion or conjecture will not suffice.
To begin you will provide a brief synopsis of the assigned Supreme Court case and identify what you believe to be one or more of the core principles, ideas, and/or impacts of the Supreme Court’s decision in the assigned case. Then, you will explain the importance of that principle, idea, or precedent in the context of this course, and provide your evaluation of that principle, idea, or precedent and the impact of your identified principle, idea, or precedent taking into consideration:
1. Fundamental ideas of liberty (including those reflected in Frédéric Bastiat’s The Law)
2. The United States Constitution
3. Biblical principles
4. United States founding documents*
5. Other principles of good government*
*You will need to conduct your own research to establish the connection between the assigned Supreme Court case and these items.
• The research paper must be written in current APA or Turabian format.
o Your paper must be double spaced, utilize 12-point Times New Roman font, and have 1” margins.
• You must have a minimum of 5 scholarly, legal, or otherwise appropriate references.
o Your paper must employ enough appropriate scholarly/legal sources to fully support your assertions and conclusions. In order to be successful, you will likely need to acquire more than the minimum number of citations.
• Acceptable sources include scholarly articles, legal cases, law and policy journals, and other appropriately analytical professional sources.

Categories
Law

1. Given your understanding of the chapter reading on contract law, identify and

1. Given your understanding of the chapter reading on contract law, identify and explain the requirements and elements for a valid contract.
2. Legally how is a contract formed and what are some similarities and differences between common law contracts versus the Uniform Commercial Code?
3. Why is it important to distinguish and identify which applies when making a contract business decision?
4. Using the NEXIS-Uni Legal Research Database below, find and provide one breach of contract case example within the last five years from your home state. *****(Georgia State) case is attached. *****
5. Be sure to identify your state, explain the facts of the case, the parties to the lawsuit, the dispute and the outcome and remedies provided by the court.
6. Provide whether you agreed with the court’s decision or not.