Criminal Justice

In chapter four of the text https://www.usip.org/sites/default/files/MC1/MC1-Chapter4.pdf , the authors present eight different topics that have been subject to some type of criminal law reform. Some of them are established reforms; others are still changing with the times.

Select one of the eight topics presented in the text, and answer the following questions in the form of an essay:

1.  What caused the perceived need for the law or change in the law?

2.  If laws were passed was the goal they intended to achieve reached? If yes explain how, if not explain why not.

3.  Were there any unintended consequences of the law?

4.  Is there a need to further amend the law? If so was something over looked in the original law or did circumstances change?

5.  Based on what you have learned about the topic you chose is there any change you would recommend to that law now? If so what would it be and what would it accomplish.

Your paper must be formatted in the following manner:

·  The paper must be 500-750 words in length. Only the body of the paper counts towards the length. No information that belongs on a title page or reference page will count towards the length requirement.

·  Use Times New Roman 12 point font, and double-space your lines.

 

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Language Development Interview

Language Development Interview

Preview the document

Much of the knowledge we gain comes from our learning and personal experiences.  For this assignment, you will spend time talking with an experienced preschool teacher or, if you are currently a preschool teacher, you can answer the questions yourself.  Your assignment is to select five questions regarding the support of language acquisition and language developmental stages in the classroom. Please review these possible questions that could guide your interview or you can create your own questions.

For this project, choose one of the following methods of completion:

Option 1

  1. Identify five questions that you could ask someone with preschool experience about how they support language acquisition for the stages of development in the classroom.  Document the interview.  You can record the interview (with permission) or you can write your questions and answers.
  2. Analyze the provided answers using your knowledge gained, the textbook, and at least one other resource to substantiate or refute their answers.  You can provide elaboration for or against their responses further strengthening your own understanding. 
  3. Summarize and explain three ways you will meet the needs of children in this stage to support their language development using the provided answers and your knowledge.

Option 2

  1. Identify five questions that you may be asked in a future interview regarding how you will support language acquisition for the stages of development in your future professional role.  Document the interview. You can record a mock interview or you can write your questions/answers.
  2. Analyze your own answers using your knowledge gained and information from the textbook and at least one other resource to substantiate your writing.
  3. Summarize and explain three ways you will meet the needs of children in a developmental stage of your choice to support their language development using your knowledge of language acquisition.

The interview can be submitted as a video, an audio recording, or a Microsoft Word document (which would be two to three pages in length).  You will also submit a one- to two-page Microsoft Word document (in addition to the title page and reference page) with your developmental level selected and elaboration of three ways you can meet the needs of the children in this developmental stage.  Please support your ideas with information from the textbook and at least one other outside resource.  Your paper must be written in APA format as outlined in the Ashford Writing Center, and include at least one scholarly resources in addition to the course text.

When you submit your assignments each week, they will be returned to you with specific feedback.  This feedback should be used to revise the assignment for the Final Project.  Please make the necessary corrections and save for Week Five use in the Final Project.

 

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commentary essay

The commentaries are intended to help develop your understanding of the reading and to 

provide a basis for informed class discussion and exam responses. Your commentaries 

should meet two goals: 

1) Give a summary of the key point(s) made in the selected reading according to your 

understanding.  Provide evidence, 

including direct quotations

from the text, to support 

your summary.

2) Devote at least one full (substantial) paragraph to your own analysis of the reading.  

This response aspect of your commentary can be critical of the argument in the reading, 

or link the reading to another reading in the course, or raise questions prompted by the 

reading.  It should not involve an anecdotal reflection based on your own experiences.  

Each commentary must be typed and a 

minimum

of one full page in length, roughly 300 

words (double-spaced, 12-point font, 1” margins).  Do not limit yourself to one page if an 

adequate summary and response requires more details.  To effectively summarize the 

reading, you should 

cite

relevant pages in parentheses within your text.  You are 

required to include page citations 

for paraphrased summaries, not just for direct quotes.  

Grading:

One goal of this assignment is simply to have you write regularly in response 

to political science material. Half of the points on each commentary (10 out of 20) will 

therefore be awarded for completion of the basic requirements outlined above. The other 

half of the grade (between 1 and 10 points awarded) will be based on the quality of your 

analysis and the clarity of your presentation. All together, these commentaries are worth 10% of your grade (100 points total, 20 maximum per commentary). 

Part 1: reading: Hacker & Pierson, “Winner-Take-All Politics” 

second part. pg. 153-168 

Part 2: reading: Hacker & Pierson, “Winner-Take-All Politics” 

second part. pg. 168-197

 

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Steve’s “Boiled Down” Requirements and Tips for Case Study #2

Due: December 2, 11:59 p.m.

Worth: 250 points.

Case Problems serving as the factual basis for your studies that you can choose from:

· Classic Case 16.2 (Meinhard v. Salmon)

· Classic Case 18.3 (Guth v. Loft, Inc.)

· The Mariners’ latest high profile case: https://www.seattletimes.com/sports/mariners/lorena-martin-and-mariners-part-ways/

· The Seattle Art Museum potential case: https://www.seattletimes.com/entertainment/visual-arts/multimillion-dollar-art-collection-once-promised-to-sam-now-up-for-auction-at-christies/

Group work encouraged (!) if you haven’t hit your group work quota yet, but all group members receive the same evaluation/grade and must turn in the paper individually (crediting the other group members).

Tips:

· Use the facts in the Classic Cases or articles as the starting point of your Case Study. The idea is to analyze the case and figure out what actions your client (the “side” you choose) might have taken to avoid litigation, reduce the risk of losing money or being sued for damages or something else.

· You may go beyond the facts listed in the Case Problem and pretend what sort of additional facts or information – provided that they are consistent and reasonably possible (e.g., Alternative #2 can’t be that Superwoman comes in and saves the day or that your client just hires a really smart lawyer) – might have occurred or would occur. One source of potential additional facts, or alternatives for that matter, is the actual underlying case. Make use of the sources discussed in Module 1 and the CityU Library to find the actual cases. A “dissent” to a court’s opinion can provide more ideas too. 

· Be creative – although not fantastical – with your four alternatives. In addition to the underlying cases or articles, you might find scholarly articles about similar cases, or the Textbook description of other cases in the same chapter, as a source of ideas.

· Remember, since this is a law course, to work in legal concepts where applicable, so as to demonstrate your understanding and ability to apply your learnings from the course.

· Make sure your writing communicates your ideas. Use of headings and bulleted lists will focus the reader (me!).

· Have fun! This is where you get to be a businessperson!

 

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existing law on a particular legal issue

Read and understand these instructions.

· Read and understand the introductory materials distributed with these instructions:

1. Jay M. Feinman, “Liability of Accountants for Negligent Auditing: Doctrine,

Policy, and Ideology,” Florida State University Law Review, vol. 31, pp. 17-65

(2003).

2. Blue Bell v. Peat, Marwick, Mitchell & Co., 715 S.W.2d 408 (Tex. App. 1986).

● Conduct considerable additional research of Texas law and the law of third-party accountant

liability in New York and California.

● Conduct additional research of secondary authorities on the issue of accountant liability to third parties. Secondary authorities include law review articles or other pieces of scholarship written by practicing lawyers, law professors, judges, accountants, or social scientists.

● Write a 1200-1500 word position paper in which you take a position based on the following prompt:

Different states have different rules for holding accountants liable to

third parties (meaning non-clients) for negligent auditing. Some

states follow the Ultramares approach, some follow the Restatement

552 approach, and some follow yet other liability regimes. Begin

by reviewing Texas law on auditor liability to third parties and

compare it with the liability regimes in New York and California.

Next, consider what scholarly commentators (law professors,

accountants, etc.) have stated in their secondary authorities on this

issue. Finally, take a defensible position on what the law in Texas

ought to be as it relates to the liability of accountant auditors to third

parties for professional negligence. If you advocate for no change

in the law (the status quo), you must explain why the law as it

currently stands is appropriate and why objections to the current

approach are not convincing. If you advocate for a different legal

standard, you must explain why Texas should change its approach

and what the ramifications of that change are likely to be. Your

paper should clearly explain how your suggested approach fits

within the overall purposes of tort law, how it encourages auditors

to perform their functions competently, and the extent to which it

protects third-party users of audits from negligent or unscrupulous

accounting practices.

● When you are citing a case in your paper, refer to it by the first word or words of the case name, i.e. Blue Bell. I expect you to cite at least ten cases from at least five jurisdictions. At a minimum, among the jurisdictions you choose to analyze you must include Texas, California, and New York.

● When you are citing a secondary source, such as a law review article, refer to it by the name of the author, i.e. Jay Feinman, followed by the page number. I expect you to cite at least five

different secondary sources.

● List all your primary and secondary authorities in a “works cited” page at the end of your paper.

Group the authorities together into two sections: 1) cases, and 2) articles.

● You may complete this assignment either by yourself or in groups of not more than three

students. However, all students who work on the assignment together will receive the same grade for the project, regardless of their level of contribution. All students who work on the assignment together must be identified on the first page of the final product.

Grading Criteria

I will grade your written materials based on the following criteria:

1. Have you written a sufficiently lengthy and well-though-out essay? It must be 1200-1500 words.

2. How close to perfection is your grammar, spelling, punctuation, etc.?

3. How coherent, consistent, and logical is your position?

4. How well have you incorporated a discussion of the existing Texas law on accountant third party liability into your decision? In other words, you must cite actual judicial opinions in your position paper and make extensive use of the existing law in your analysis.

5. How well have you compared the current law in Texas to third-party negligent auditing law in California and New York?

6. Have you taken a firm, identifiable position on what the law in Texas should be?

7. How well have you anticipated potential objections to your position? In other words, because multiple legal positions are represented in American law on auditor liability to third parties, you must acknowledge that positions contrary to your ultimate conclusion are plausible yet explain why the objections to your position are unconvincing.

8. How extensively have you discussed the secondary authorities (journal articles, etc.) in arriving at your defensible conclusion?

9. You may complete this assignment in groups of three students or less. All students who complete the assignment in groups will receive the same grade, regardless of their level of contribution to the assignment. There is no requirement that you complete the assignment in a group, however, and I presume that some students will want to complete it by themselves.

 

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Legal and Ethical Scenarios

Legal and Ethical Scenarios

Select two of the three scenarios. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenario text into the paper. Label the beginning of each scenario with the number you selected (e.g., Scenario 1). Cite your sources in APA format on a separate page. Submit your document to the Submissions Area by the due date assigned.

Scenario 1:Securities

In 2012, after working at First National Bank for six years, Billy Bryant helped establish Breakstone Capital Corporation (BCC), a venture capital firm that invested in the communications and technology sectors. BCC went public in 2014, and Bryant served as its CEO and chairman of the board. Various documents filed with the SEC stated that Bryant earned a BBA degree in accounting from Northwest University. In fact, Bryant attended Northwest for four years, but he did not graduate. After being pressured by a journalist, Bryant disclosed the misrepresentation to the BCC board. The same day, the company issued a press release correcting the statement.

The press responded negatively to “another CEO that lied about his resume” and speculated about “what else might not be right.” On the day the press release was issued, BCC’s stock price dropped from $32.45 per share to $16.22, but it fully recovered within a month.

Shareholders sued, alleging that the misrepresentation violated section 11 of the Securities Act of 1933, section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 under the 1934 Act.

  • Was Bryant’s lie about having a college degree material?
  • Would your answer be the same if a CEO lied about having helped to take a company through an initial public offering and subsequent acquisition by another company?  
  • Would a reasonable member of the BCC board be comfortable keeping Bryant as CEO once they learned that he lied about having a college degree?

Scenario 2: Securities

Pampered Pooches, Inc. proposes a merger with Sit Means Sit, Inc. (SMS). SMS will obtain the approval of its shareholders; and then, by operation of law, SMS shares will become shares of the surviving corporation, Pampered Pooches, Inc.

Assume that prior to the merger Paulie Smith owned 25% of SMS stock that he purchased three years before in a private placement. Smith will only own 2% of the Pampered Pooches shares and will not be an officer or director of the merged company.

  • Is it necessary to register the Pampered Pooches shares?
  • May Smith freely resell his Pampered Pooches shares?
  • Would it matter whether the shares were registered in connection with the merger?

Scenario 3: Shareholder Rights

Katy Kirkland, a former employee of the Sand Dune Resorts, Inc., owned 500 shares of stock (10%) in the company. Kirkland was terminated after five years of employment at Sand Dunes; however, she became part owner of Holiday Isles, Inc., a competitor of Sand Dunes. When Sand Dunes made Kirkland an offer to purchase her stocks, she requested access to Sand Dunes’ corporate books to determine the value of her 500 shares of stock. Sand Dunes refused on the basis that Kirkland was a competitor.

  • Does Kirkland have a right to view the books? Why or why not?
  • Propose a solution to the situation.
 

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paper for business law

Using news reports within the last three years, find an example of a claim of patent, trademark, copyright or trade secret infringement choose situations for which a claim has been made and is pending or for which a verdict or appellate decision has been rendered. Discuss and analyze 

a. Which type of infringement is alleged to have occurred

b. All elements or factors that apply to such type of infringement

c. Whether such elements or factors are present in the claim 

d. The most recent status of the claim or case that you can fine through your research 

You have to discuss your own opinions about the claim.

Write a paper (on a APA format) of one of the following cases for about 1000 words. (business law II)

This paper must have following topic 

  • Fact about the case
  • Discussing the law applies
  • Application of the law to      fact 
  • Relate to business law.

can write in the One of the following  cases

POM Wonderful, LLC v. FTC

777 F.3d 478
United States Court of Appeals for the District of Columbia Circuit, 2015

Dalton School, Inc. and David Brune

2015 NLRB LEXIS 399
National Labor Relations Board, 2015

Gatter v. IKA-Works, Inc.

2016 U.S. Dist. LEXIS 174816
United States District Court for the Eastern District of Pennsylvania, 2016

Consumer Fin. Prot. Bureau v. Frederick J. Hanna & Assocs., P.C.

114 F. Supp. 3d 1342
United States District Court for the Northern District of Georgia, 2015

Reid v. Google, Inc.

50 Cal. 4th 512
Supreme Court of California, 2010

Kelly v. Mich. Fin. Auth. (In re Kelly)

496 B.R. 230
United States Bankruptcy Court for the Middle District of Florida, 2013

 

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LSTD400

Attached are two signed statements from witnesses. One is from Dawn Dietz, the prosecutor’s witness and the other is from Joe “The Fireman”, the defense’s witness.  Using these two witness statements and the facts provided to you in the week 1 discussion forum #2,  answer the following questions:

1) If you were the prosecutor, how would you discredit the potential testimony of Joe The Fireman?

2) If you were the defense attorney, how would you discredit the potential testimony of Dawn Dietz?

3) Discuss some of the conflicts in the statements made by both Dietz and Joe and the facts provided in week 1.

4)  What statements/testimony from the witnesses, the police officer and Mayo will be admissible and inadmissible? Discuss why.

You must post your initial response by Wednesday of the week assigned and must reply to 2 others by Sunday of the week assigned.

Your initial substantive response should be at least 250 words. All citations must be in APA or Blue book format. 

 

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business law legal summary

Legal Summary

Overview. Each student will be tasked to prepare a 2-4 page outline thoroughly explaining a legal subject. The summary will be in the format of an inner office memo directed to your boss/employer/colleagues/etc.

Purpose. Researching, understanding, and translating information into a teachable format establishes a high degree of understanding of the subject. Allowing students to focus their effort on a particular area of law recreates the type of research you may have to do in the course of working in or managing a business. You will likely be required to make decisions regarding legal issues. You will have to adequately educate yourself on those legal issues before making a decision or raising the issue to your superiors.

Selection of Topic: You are free to make up your own topic or to sign up for a topic that I have provided via a link on D2L. I encourage students to come up with topics that interest them. If you choose your own topic, please make certain you speak to the professor and receive approval of the topic. 

Process & Content of Summary. The professor will assign or allow students to sign up for topics of interest.

1) Research the topic;

2) Assemble information necessary to include in the summary;

3) Begin by making an outline of the aspects of the legal topic to cover,

4) Produce a bibliography of resources and citations used,

5) From the outline, create a 2-4 page report on the subject

6) Turn in the outline via D2L (Dropbox)

Material to Turn In: On the day assigned to go over the subject matter, each student must turn in to the professor the following material:

1) A 2-4 page legal summary (Memo)

2) The legal summary should contain the references you read/used to write the legal summary.

· The students collectively are required to use a minimum of 3 distinct, professional references to support the legal summary.

· References should contain a full citation of the source used.

· You are expected to use GALILEO or some other professional sources (such as Google Scholar or the Library) to find suitable references.

· Websites may be used for orientation on a subject, but will not be acceptable references unless they are sponsored by official government agencies or professional agencies or associations.

· You may only use on Dictionary or encyclopedia as a reference. 

· Each reference must contain: 

o the author’s name, 

o The name of article, book,  or document, 

o The name of the journal/magazine/book or web site where the article is published, and 

o The date of publication.

o Students can use any citation style with which they are familiar.

Criteria for Evaluation: Each team will be graded on the following criteria:

1) Content of the Paper (How well subject is explained)  80%

2) The Organization of the Paper    20% 

 

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business law homework

Digesting Epic Systems Corp. v. Lewis (2018), No. 16-285

Answer these questions in a sentence or two max, please. Limit your research to the SCOTUS digest and Justice Gorsuch’s majority opinion (first 25 pp.) in Epic Systems

1. Describe the legislative actions underlying Epic Systems. What was passed by which government, and when? (15)

Legislation title

Government

Year

Purpose

2. Identify the key contractual relationships underlying Epic Systems cases. Who are the parties, what is the exchanged consideration, what is the key agreement, what was the negotiation/offer/acceptance process? (10)

Contract

Parties

Consideration

Agreement

Negotiations

3. Organize the litigation paths leading up to Epic Systems decision. Who initiated a lawsuit, and in which court, followed by what appeal and review steps? (15)

Lawsuit

Trial

Appeal

Review

4. Describe the alternative dispute resolution efforts underlying Epic Systems. Who initiated what, and what was the outcome? (10)

5. Which of these common law precedents relied on by Justice Gorsuch was cited for the proposition that there was no conflict between the Arbitration Act and the Sherman Act because the Sherman Act made no mention of class actions and was adopted before Rule 23, Federal Rules of Civil Procedure, introduced its exception to the usual rule of individual dispute resolution? (5)

a. Owen v.   Bristol Care, Inc., 702 F. 3d 1050 (CA8 2013)

b. AT&T   Mobility LLC v. Concepcion, 563 U. S. 333 (2011)

c. American   Express Co. v. Italian Colors Restaurant, 570 U. S. 228 (2013)

6. Which courts will have to follow the precedent set by Epic Systems? (20)

Bonus: Why did you   choose those courts? (5)

7. Conjecture: what sorts of cases will cite Epic Systems in the future, and for what proposition? (20)

Type of future case

Future application of Epic   Systems

 

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