Explain the development of American courts and illustrate the concept of the dual-court system.

The courts have one of the most important roles in the Criminal Justice system. They are responsible for the interpretation and application of law when crimes are committed and they help to bring resolve to disputes between people, companies, and units of government.

In preparation for this assignment, please carefully review the case of Michael T. Slager below. Also, please review the court report samples below for reference in preparing a standard court report.

Based on your understanding from the readings in chapters 7-9, write a three to four (3-4) page court report in which you:

  1. Summarize the case, including a detailed description of the crime that took place.
  2. Outline the level of court that was assigned to the case (e.g. local/state, municipal, or federal) and the reason why that level was appropriate.
  3. Describe the key characters in the case and the roles they played.
  4. Explain the charge(s) against the defendant(s) and the evidence presented to justify the charge(s). Indicate whether or not the defendant was offered some form of plea deal prior to the court date.
  5. State whether any witnesses were called in the case. If so, identify the witness(es) and provide a rationale as to why they were called.
  6. Highlight the outcome of the case (verdict) and take a position on whether the verdict was appropriate based on the charges.
  7. Include at least one (1) additional quality reference in addition to the case file presented.

Your assignment must follow these formatting requirements:

  • Follow standard court report format, using the examples provided in your course shell for reference.
  • 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:

  • Explain the development of American courts and illustrate the concept of the dual-court system.
  • Distinguish between the various courtroom participants, and describe the stages in a criminal trial.
  • Use technology and information resources to research issues in criminal justice.
  • Write clearly and concisely about criminal justice using proper writing mechanics and APA style conventions.

Grading for this assignment will be based on answer quality, logic/organization of the court report, and language and writing skills, using this rubric.

A.  Analyze and explain specifically how and why GC could face risks under product liability for use of EPI cleaning products to clean GC clients’ commercial property. 

During a monthly Lunch and Learn Seminar at TLG offices, all TLG business consultants are discussing various client cases.  During the Discussion of GC’s new business, the group discusses the following question:

Whether GC should resell EPI cleaning products from its public place of business and over the internet, or whether the risk of potential product liability outweighs any potential profit from reselling the EPI products, and why.

(PART TWO)

Background:  TLG has scheduled another meeting with the GC owners to further discuss the risks and liabilities of tort law.  This meeting will  focus specifically on product liability.

Winnie and Ralph asked you to participate in the GC meeting and to be prepared to discuss specific product liability risks related to GC’s use and resale of EPI cleaning products.

Instructions:  To prepare, review product liability law, product liability claims, and parties who can be sued in product liability cases using the assigned materials and Instructor Notes.

Write a summary report addressing the following questions to use as a basis for discussion in the GC meeting with TLG and to educate GC owners about potential risks and liabilities under product liability law.

A.  Analyze and explain specifically how and why GC could face risks under product liability for use of EPI cleaning products to clean GC clients’ commercial property.

B.  Analyze and explain specifically how and why GC could face risks under product liability for reselling EPI cleaning products directly to customers from its public place of business.

 

Format Instructions:

Prepare the summary in a report, addressed to Winnie and Ralph, to be used in discussion with the GC owners.

The report should address the questions in the Instructions above.  Follow the format below.

 

REPORT

TO:              Winnie James, Ralph Anders

FROM:         (your name)

DATE:

RE:              Green Clean Product Liability

 

A.

B.

_____________________________

https://saylordotorg.github.io/text_law-for-entrepreneurs/s20-products-liability

Summarize the facts associated with Johnson Bank v. George Korbaken Company.

Summarize the facts associated with Johnson Bank v. George Korbaken Company.

Read Case 40.3, Johnson Bank v. George  Korbaken Company, LLP. 472F.3d 439. Web2006 U.S. App.Lexis 31058 (2006) United States Court of Appeals for the Seventh Circuit. Using the IRAC Method of briefing cases found in the Appendix, prepare a document that outlines the legal aspects of this case.

Many lawsuits against accountants involve liability of accountants to Third Parties. The plaintiffs are Third Parties (e.g., shareholders, bondholders, trade creditors, and banks) who relied on information supplied by the auditor. There are three (3) major rules of liability that a state can adopt in determining whether an accountant is liable in negligence to third parties.

1. The Ultramares doctrine.
2. Section 552 of The Restatement (Second) of Torts.
3. The foreseeability standard.

Write an eight to twelve (8-12) page paper in which you:

1. Summarize the facts associated with Johnson Bank v. George Korbaken Company.
2. Identity the primary and secondary legal question(s) that are under consideration.
3. Prioritize the rules of law that the court will consider in this case.
4. Compile the court’s decision and opinions on the case.
5. Prepare a conclusion for the outcome of the case.
6. Determine how this case may have been treated differently if it had been decided in 2012 instead of 2006.

Demonstrate skills in analyzing and applying various HRM legal requirements in the real world of human resources.

 

Demonstrate skills in analyzing and applying various HRM legal requirements in the real world of human resources.

Legal Environment

Labor Relations Law

Due on Tuesday September 4, 2018

Approximately 850-950 words, APA Format, at least 5 references

Demonstrate skills in analyzing and applying various HRM legal requirements in the real world of human resources.

Assignment Description 

Recently, you have heard rumors that employees would like to unionize. The director of human resources has come to one of your regional managers’ meetings to discuss a couple of things about unions so that managers are equipped with detailed information. In a Word document of at least 850 words, answer the following questions:

—  What is the process that employees will use to unionize?

—  How can collective bargaining deliver improvements for workers in the organization?

—  What does a union have to consider regarding a state’s right to work laws?

to research, analyze and apply tort law. 

Purpose- THIRD PERSON WRITING ONLY

The purpose of this project is to research, analyze and apply tort law.

This project requires you to identify and assess legal issues, apply law to facts and make recommendations.  The issues will relate to the concepts covered in weeks 1, 2, and 3 about the legal environment of business and business organizations.

You will also develop skills in developing a PowerPoint presentation, in writing a summary report and using critical thinking to write an in-depth comprehensive analysis.

 

Outcomes Met by Completing this Assignment:

• recommend appropriate actions in the business environment based on an understanding of sources of law, legal process and procedure, and available remedies

• analyze tort rights, obligations, liabilities, and remedies in the business environment

NOTE:  All submitted work is to be your original work (only your work). You may not use any work from another student, the Internet or an online clearinghouse.  You are expected to understand the Academic Dishonesty and Plagiarism Policy, and know that it is your responsibility to learn about instructor and general academic expectations about proper citation of sources as specified in the APA Publication Manual, 6th Ed. You are held accountable for in-text citations and an associated reference list only.

 

Background:  GC has two primary concerns about tort risks and liabilities.  These are (1) risks related to potential accidents occurring in their public business space to employees and/or customers, and (2) risks related to cleaning jobs,

GC will be headquartered in commercial space in a local shopping center. This space will include private business offices, a public reception area, a conference meeting area, and space to which potential and existing clients will be invited to discuss cleaning jobs, buy cleaning products, and complete contracts for cleaning jobs.  The business space will be open to the public.  The shopping center in which GC will be headquartered is busy and heavily trafficked with shoppers.

 

Of greater concern are risks arising from accidents and injuries to cleaner-employees and /or clients related to cleaning jobs.

 

At the direction of your supervisors at TLG, you are tasked to develop a plan to identify potential risks and liabilities and recommend ways to minimize potential tort risks in (1) GC’s public store operations, and (2) on cleaning jobs.

GC owners will use the plan to refine policies and procedures to prevent and/or minimize liabilities for GC in its public facility and on cleaning jobs.

 

Instructions

For this project,  write a plan to be presented in a PowerPoint (PPT) presentation.

There is no set number of slides but include a title page and a reference page.

Please place all notes and explanations for EACH slide directly on slides in the PPT presentation – not in a separate document.  You likely will need more than one PPT slide for each point/idea/concept so that everything you want to say/include in the presentation will be contained in the PPT slides.

The plan focuses on potential tort liabilities (except do not discuss or include product liability in this project).

The Power Point presentation will:

1.  identify and describe several specific tort liabilities that GC could face in its public store facility operations;

A. develop and explain policies and/or procedures GC could implement to prevent or minimize each tort risk discussed in 1. above;

2.  identify and describe several specific tort liabilities that GC could face on cleaning jobs;

A. develop and explain policies and/or procedures GC could implement to prevent or minimize each tort risk discussed in 2. above;

 

You should use only assigned resources available in the classroom for the project.

If needed, please refer to the following links for tips on preparing a PPT presentation.

Creating a Power Point

http://www.readwritethink.org/files/resources/lesson_images/lesson1063/CreatingPowerPointSlide.pdf

Power Point for Beginners

http://www.readwritethink.org/files/resources/lesson_images/lesson1063/CreatingPowerPointSlide.pdf

Use in text citations, as needed.

Include a References List of cited resources

Label each part  of the Power Point as follows:

A.

B.

C.

https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s04-introduction-to-law-and-legal-.html

http://scholar.flatworldknowledge.com/books/1679/preview

https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s10-introduction-to-tort-law.html

https://saylordotorg.github.io/text_law-for-entrepreneurs/s20-products-liability

various types of contract agreements relevant to their business.

Background:  Contracts are essential for business, and will be an integral part of GC operations, so the owners now want to focus on contract law.   Each of the owners has experience with contracts in their own businesses, and appreciate the probable risks and liabilities associated with contracts.

The GC owners know that there are various types of contract agreements relevant to their business.  For example, GC will have individual contracts with employees, independent contractors, and other agents who will represent the company.  Also, GC will engage in sales contracts with other businesses, and sales contracts between businesses and consumers and clients.  Furthermore, GC will use electronic contracts, or e-contracts, in conducting online business transactions.

To reduce risks and liabilities associated with contracts, the owners want all contracts to be written, with specific, complete, and clear terms.  Contracts must define rights and responsibilities of the parties.  Also, since employees and/or independent contractors will be performing cleaning services on clients’ properties, these contracts should consider bonding.

You, Winnie and Ralph presented draft contracts for several GC employees, including contracts for cleaners, office managers, marketing specialists, sales representatives, and IT employees.

The GC owners reviewed the drafts and have some questions about the contracts.

Instructions:  At Winnie’s and Ralph’s request, it is your responsibility to research and provide answers to the GC owners’ questions.

The first questions relate to the GC cleaner-employee contract.

The cleaner-employee contract specifies the following terms and conditions:

duties to be performed by cleaner-employee

salary for cleaner-employee

work hours

terms of payment for overtime or holiday work, if any

sick leave

vacation

training for cleaner-employee

length of contract

bonding for cleaner-employee

periodic performance evaluation and how it will be conducted

termination of contract, i.e., notice of termination, etc.

Research, evaluate, and respond to the owners’ questions about the contract terms below.

A.  duties to be performed by cleaner-employees

1.  What potential risks and liabilities could arise if the specific duties of cleaner-employees were not included in their contract with GC?  Explain.

B.  training for cleaner-employees

1.  What possible risks and liabilities could arise related to this contract term that designates specific and required training for GC cleaner-employees?

2.  Would the risks and liabilities be greater or less if GC did not train its cleaner-employees and hired only experienced cleaner-employees?  Why?

C.  bonding for cleaner-employees

1.  What possible risks and liabilities could arise for GC if cleaner-employees were not required, specifically in their contracts, to be bonded?  Explain.

 

Format Instructions:

Prepare responses to GC questions in a report, addressed to Winnie and Ralph, to be used in discussion with the Green Clean owners.

The report should address the questions in the Instructions above.  Follow the format below.

 

REPORT

TO:              Winnie James, Ralph Anders

FROM:         (your name)

DATE:

RE:              Green Clean Negligence Risks and Liabilities

 

A.

1.

B.

1.

2.

C.

1.

 

_____________________________

Write in correct, complete sentences in paragraph format.

Label all parts of assignment.

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s11-introduction-to-contract-law.html

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s12-the-agreement.html

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s13-real-assent.html

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s14-consideration.html

https://www.nolo.com/legal-encyclopedia/electronic-signatures-online-contracts-29495.html

Topic Identification & Bibliography Template

Literature Analysis: Topic Identification & Bibliography Template

(Use the following template for the completion of this assignment. Delete highlighted material and replace with your own material)

Proposed Topic: 

In one sentence tell the reader what you plan on researching.

Proposed Thesis Statement: 

Graduate writing cannot be “A” quality without a thesis statement. The thesis statement provides the destination of the paper. The topic/title of the paper will tell the reader which direction the essay is heading (N, S, E, or W) and a transition statement tells the reader the steps that will be taken to get to the destination. A strong conclusion cannot be written without a strong thesis statement. The thesis drives the conclusion. If you know beforehand what you are trying to accomplish, then in your conclusion you can tell if you have accomplished this goal or not.

Preliminary Bibliography (minimum of six sources in APA format):

Example:

Schmalleger, F. (2011). Criminal justice today: An introductory text for the 21st Century (11th ed.). Upper Saddle River, NY: Prentice Hall.

Annotated Bibliography

Summarize each article or text you are going to use in this paper (at least 6 sources need to be included in this portion of the assignment). Each summary needs to be about a paragraph in length. At the end of this annotated summary you will need to write a one paragraph summary regarding how these sources connect to the topic at hand and how you plan on using these sources to justify your conclusion.

prepare examples and explanations of these 3 areas of contract law.

The GC owners have questions and need clarification about several contract concepts and issues related to their new business.  Specifically, they have questions about:

• Statute of Frauds “writing requirement”

• Discharge of a contract

• Satisfaction of contract performance

Winne and Ralph have asked you to prepare examples and explanations of these 3 areas of contract law.

Instructions

To respond to the GC groups questions and concerns, create facts scenarios and explanations to discuss with the GC owners.

1.  Statute of Frauds – “writing” requirement

Background:  Generally, contracts for the sale of goods must be in writing, and the writing must be signed by the parties to the agreement,  and the parties must be sufficiently identified.  GC will be selling goods via the internet; the owners are wondering whether these electronic contracts are valid and enforceable.

Write a hypothetical facts scenario describing specific details of a valid, enforceable electronic contract between GC and Windows Bright, a small window washing business in Missouri.  The contract is for the sale of 3 cases of Shiny Lite window cleaning solution, at $200 per case, to Windows Bright, and sold by GC via the internet.

The scenario must explain how/why the Statute of Frauds requirement that contracts for sale of goods over $500 be in writing can be satisfied electronically.

2.  Discharge of a contract

Background:  There are several reasons for which a contract can be discharged before performance under the agreement.    Under common law and the UCC (Uniform Commercial Code, Section 2-615), a contract may possibly be discharged because of commercial impracticability when performance could be completed only with extreme difficulty, or at unreasonable expense, or would have little practical value.  Courts are relatively flexible on this matter.

Write a hypothetical facts scenario describing specific details of a contract between GC and a Barton Industries (a fictitious company), for which GC was to provide roof and floor cleaning in Barton’s large corporate office building each month for 3 months.  Write the scenario facts so that GC could reasonably argue that GC should be discharged from performing on the ground of commercial impracticability.

The scenario must explain how/why the contract might be discharged for commercial impracticability.

3.  Satisfaction of performance

Background:  Some businesses advertise, “Satisfaction guaranteed or your money back”.   A performance satisfaction clause in a contract can mean that one party does not have to pay or perform his or her duties under the contract unless fully satisfied with the other party’s performance.  Courts typically apply an objective, reasonable standard to resolve disputes arising from contracts with satisfaction clauses.

Would you advise GC to include a satisfaction clause on their contracts with cleaning clients?  Why or why not?  Fully explain and support conclusions.

Format Instructions

Create scenarios and explanations in paragraph format.

Number each section.

USE MATERIALS LISTED BELOW

https://saylordotorg.github.io/text_law-for-entrepreneurs/s16-form-and-meaning.html

https://saylordotorg.github.io/text_law-for-entrepreneurs/s18-01-discharge-of-contract-duties.html

https://saylordotorg.github.io/text_law-for-entrepreneurs/s19-03-legal-remedies-damages.html

Risk Management functions at Notre Dame at the time of the accident that claimed Declan Sullivan’s life.

Risk Management functions at Notre Dame at the time of the accident that claimed Declan Sullivan’s life.

Assume you were in charge of the Risk Management functions at Notre Dame at the time of the accident that claimed Declan Sullivan’s life.

a) What five (5) things would you have required to take place in order to reduce or eliminate the chances of the accident happening? b) Analyze each requirement/recommendation and tell me why you think it would have prevented the accident.

Be sure to: 1) use and define the legal words/phases that apply; 2) include a minimum of two [2] internet references; 3) properly cite and reference all sources using APA format

250-350 total

The Relevance of Business Environment

The case analysis should consist of the following three headings:

1. Overview/Summary

2. Opinion/Legal Analysis

3. Relevance to Business Environment

Find a recent lawsuit (something with sports if possible), legal news story, or article using an Internet or DUO library search

centering on a breach of contract case. News-feed websites such as MSN or CNN, or

search engines such as Yahoo or Google may be useful. Major publications such as the

New York Times, Wall Street Journal, etc are available through the Davenport library.

You may also use your hometown newspaper websites as a resource. To complete the

case analysis, you should research the assigned topic to provide a measure of

information about the topic’s significance to the current business environment.

The Overview/Summary section should thoroughly address the facts and background

of your chosen case or legal dispute and the legal issue (or law) in question.

The Opinion/Legal Analysis section should demonstrate your critical thinking and

analysis of the subject matter as it relates to the legal principles and concepts covered

in the textbook. You should provide a thorough explanation and discussion of the legal principles as they apply to the issue in question.

The Relevance to Business Environment section should discuss the topic’s

application to the current business climate and offer an insight-building summary,

recommendations, findings and conclusions. Feel free to draw on your own professional

experience as well.

Additionally, please address the following questions for the breach of contract case discussed above:

· Discuss which legal remedies that might be available in this case and why they are applicable here.

· Discuss whether there are any equitable remedies available in this case and why they are applicable here.

The assignment should be presented in APA format and be a minimum of 500 words (2

pages or more), pages to be double-spaced, typed in 12-point font. The point allocation

and grading parameters are outlined in the grading rubric for this activity.