If the jury ascertains that Bright was 60 percent responsible for his own injury, Bright will receive $40,000 in damages.
Bright will only be awarded a portion of the total damages if the jury finds that he bore 60% of the blame for his own injury. The jury in this case decided that $100,000 was the appropriate amount for damages. Bright's damages will be lessened by 60% because he is found to be 60% at fault.
Bright is 40 percent not at fault = 100% - 60% = 40%
Therefore, he will receive 40 percent of the total damages.
Damages received by Bright = Total damages x Percentage not at fault
Damages received by Bright = $100,000 x 40% = $40,000
Therefore, Bright will receive $40,000 in damages.
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A potential buyer has contacted you regarding the advertised apartment and has lodged a formal complaint to your agency principal that you have misled them by advertising a lower price.
How do you record the complaint details?
When addressing the complaint, ensure that you maintain professionalism and empathy.
How to Record Complaint Details Regarding Misleading Price Advertisement?Begin by documenting the buyer's name, contact information, and the date the complaint was received. Include a summary of the complaint, specifying that the buyer believes they were misled by the advertised lower price.
Provide a detailed account of the buyer's concerns and any supporting evidence they may have provided. It is crucial to be thorough and accurate when recording the complaint details to ensure a fair and transparent resolution process.
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Negligence is when a defendant takes an inherently dangerous that cannot be undertaken in a safe manner, regardless of the precautions. True False Liability imposed on one person for the acts of another is called "stare decisis." True False The theft of trade secrets is punished only as a civil wrong True False The Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 (also know as the Computer Fraud and Abuse Act, or CFAA) prohibits only 4 categories of computer crimes. True False
False. Negligence refers to the failure to exercise reasonable care, which can occur even in situations that involve inherently dangerous activities.
False. Liability imposed on one person for the acts of another is not called "stare decisis."
False. The theft of trade secrets can be punished as both a civil wrong and a criminal offense.
False. The Computer Fraud and Abuse Act (CFAA) prohibits more than four categories of computer crimes.
Negligence is a legal concept that focuses on whether a defendant failed to exercise reasonable care. It does not depend on whether the activity is inherently dangerous or if precautions were taken. The key factor is whether the defendant's conduct fell below the standard of care expected in the circumstances.
"Stare decisis" refers to the legal principle of following precedent or previously established decisions. Liability imposed on one person for the acts of another is actually called "vicarious liability," which is a separate concept.
The theft of trade secrets can lead to both civil and criminal penalties. While civil remedies allow the affected party to seek compensation, criminal prosecution can occur if the theft involves unlawful activities or violates specific trade secret laws.
The Counterfeit Access Device and Computer Fraud and Abuse Act of 1984, also known as the CFAA, prohibits a wide range of computer crimes, including unauthorized access, computer fraud, and the use of counterfeit access devices. It encompasses more than just four categories and has been amended over the years to address emerging technology-related offenses.
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childless widow died. by the terms of her will, she left her residence to her favorite niece for life and then to such of her niece's children who reach the age of 21. at the time of the widow's death, the niece had two children, a son who was 25 and a daughter who was 13. before her death, the niece had a second daughter. at the time of the niece's death, her son was 40, her older daughter was 28, and her younger daughter was 15. the applicable jurisdiction continues to follow the common-law rule against perpetuities. immediately before the niece's death, who held a vested remainder in the residence?
Based on the information provided, the niece's older daughter held a vested remainder in the residence immediately before the niece's death.
According to the terms of the will, the residence was left to the niece for life and then to her children who reach the age of 21. At the time of the niece's death, her son was 40, her older daughter was 28, and her younger daughter was 15.
The common-law rule against perpetuities states that an interest in property must vest, if at all, within a life in being at the time of the creation of the interest plus 21 years. In this case, the niece's older daughter, who was 28 at the time of the niece's death, had already reached the age of 21, and her interest in the residence had vested. Therefore, the older daughter held a vested remainder in the residence.
It's worth noting that the younger daughter, who was 15 at the time of the niece's death, did not yet meet the age requirement of 21, and therefore did not hold a vested remainder in the residence at that point.
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One word answer. Must be spelled correctly for credit. What is the equitable doctrine that is the basis for our statute of limitations laws? Doctrine of A) Question 9 (2.5 points) ✓ Saved The 4th Amendment protects citizens of the US from unreasonable searches and seizures by anyone and everyone. True False Question 10 (3 points) Your neighbor entered into a written contract with you to sell a 10-acre tract of land she owns that adjoins your property. 20 days later your neighbor tells you that she has changed her mind and will not sell the land to you. Money damages are not an adequate remedy and will not replace the loss of your dream of having a farm. For points, Make sure to answer only the question asked and to spell words correctly. 1. What type of lawsuit would you file? Criminal or Civil? 2. Which type of remedy will you seek - legal or equitable? 3. You would like a court to order your neighbor to keep her promise to sell you the land. What is the name of the remedy you will seek? (Hint: a remedy is what you are asking the court to do) (Hint: we studied 3 types.) Blank # 1 Blank # 2 Blank # 3
The equitable doctrine of laches is the basis for most of our statute of limitations laws.
This doctrine states that if one party has delayed taking action to assert a right or enforce a claim (through filing a lawsuit, for instance), another party may assert an affirmative defense that the first party's delay was unreasonable and prejudicial to them, therefore precluding the enforcement of the claim.
Statutes of limitation set a legal deadline for filing claims, and the equitable doctrine of laches provides a basis for a court to excuse any untimely claims, even if they fall within the statute of limitations. This doctrine helps to ensure that parties have to take swift action to enforce their rights and remedies and protects them from having claims asserted against them that are unduly delayed and that could give them a disadvantage.
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The Question-
What is the equitable doctrine that is the basis for our statute of limitations laws?
Cullison v. Medley
Write a short post on your personal thoughts about the case. Do you think the court got it right? Do you agree with the ruling? If you don't agree, why, and how would you justify your alternate ruling? If you do agree with the ruling, is there anything you would have added to the analysis or ruling, or a fact you felt was missing that you think could have changed things or made the ruling more clear?
Cullison v. Medley is a legal case that was decided by the United States Supreme Court in 1896.
What was the significance of Cullison v. Medley?In Cullison v. Medley, the Supreme Court addressed the issue of a prisoner's right to be free from cruel and unusual punishment. The case involved a prisoner who had been sentenced to death but was granted a temporary reprieve by the governor.
During the reprieve period, the prisoner was subjected to solitary confinement which he argued constituted cruel and unusual punishment. The Supreme Court held that the governor had the authority to order the reprieve and that the solitary confinement did not violate the Eighth Amendment.
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Summarize the dissent’s argument in favor of the per se test and against the totality test. Is the dissent correct in arguing that the Court wrongfully evaluated the impact of the exclusionary rule and the totality of circumstances? Evaluate those arguments.
The dissent's argument in favor of the per se test and against the totality test is that the Court erred in evaluating the impact of the exclusionary rule and the totality of circumstances.
The dissent argues that the per se test is superior because it offers a clear-cut and predictable criterion while categorically excluding evidence gathered in violation of the Fourth Amendment. They contend that this strategy guarantees the uniform protection of people's private rights and eliminates the possibility of court bias or discretion when assessing the totality of the circumstances.
Additionally, the minority argues that the Court miscalculated the effect of the exclusionary rule, which discourages improper police behavior and fosters respect for constitutional rights. They contend that the totality test's case-by-case approach could produce inconsistent results and reduce the exclusionary rule's efficacy.
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A trade association asked the Federal Communications Commission (FCC) to clarify language in 47 U.S.C.S. § 332(c)(7)(B)(ii) which required state and local governments to act on any request to place, construct, or modify personal wireless service facilities "within a reasonable period of time." The FCC issued a ruling that a "reasonable period of time" under the statute was presumptively (but rebuttably) 90 days to process a collocation application and 150 days to process all other applica-tions. Several cities challenged the FCC’s ruling. The Fifth Circuit found that the FCC possessed statutory authority to adopt the 90- and 150-day time frames and that the FCC’s ruling was not arbitrary and capri-cious. The Supreme Court granted certiorari to review the issue.
Is an agency’s interpretation of a statutory ambiguity that concerns the scope of its regulatory authority (that is, its jurisdiction) is entitled to defer-ence? Why or why not?
An agency's interpretation of a statutory ambiguity regarding its regulatory authority is generally entitled to deference.
Yes, a statutory ambiguity about the reach of a regulatory agency's authority is typically subject to the agency's interpretation. Based on the Chevron deference concept of administrative law, which was established in the Supreme Court case of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984), this deference is based on the legal precedent.
According to Chevron deference, the court will accept an agency's interpretation of a statute that is unclear or silent on a particular matter provided it is reasonable. This respect acknowledges the agency's skill and expertise in interpreting and carrying out the laws it is tasked with enforcing. The amount of deference accorded, however, may change based on the unique circumstances and the clarity of the statutory language.
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A
B
C
D
E
Select five "Higher Order Driving Skills that are discussed in this module.
Pick five answers from below and click Submit.
Adjusting driving to suit road, traffic and
weather conditions.
Admitting errors and apologising when in
the wrong.
Anticipating hazards or adverse driving
conditions.
Getting the right nutrients and plenty of
rest before long drives.
Indicating your intentions well in advance.
F
G
H
I
Knowing and practicing techniques that
help you reduce stress.
Maintaining your "Safety Cushion".
Showing patience and courtesy and
cooperating with other road users.
Taking a break and stretching on long
drives and changing drivers when possible.
Understanding that sometimes humans
make mistakes and not taking it personally.
< PREV
SUBMIT
These higher-order driving skills go beyond basic vehicle control and encompass critical thinking, situational awareness, and proactive decision-making, contributing to safer and more responsible driving practices.
The five higher-order driving skills discussed in this module are:
1. Adjusting driving to suit road, traffic, and weather conditions: This skill involves the ability to adapt one's driving behavior and techniques based on specific road conditions, traffic patterns, and weather circumstances. It includes adjusting speed, maintaining a safe distance, and being cautious in adverse weather conditions.
2. Anticipating hazards or adverse driving conditions: This skill involves the ability to proactively identify potential hazards or challenging driving situations and take appropriate actions to prevent accidents or minimize risks. It includes scanning the road ahead, recognizing potential dangers, and planning ahead to avoid or mitigate risks.
3. Indicating your intentions well in advance: This skill involves using appropriate signals, such as turn signals or hazard lights, in advance to communicate your intentions to other road users. Clear communication through proper signaling helps enhance safety and reduces the likelihood of misunderstandings or accidents.
4. Maintaining your "Safety Cushion": This skill refers to creating and maintaining a buffer space or safety cushion around your vehicle. It involves keeping a safe following distance, allowing for adequate reaction time, and positioning your vehicle to have escape routes or options in case of emergencies.
5. Showing patience and courtesy and cooperating with other road users: This skill emphasizes the importance of being considerate, patient, and cooperative while sharing the road with other drivers, pedestrians, and cyclists. It involves demonstrating respect for others, adhering to traffic rules, and practicing defensive driving techniques to promote a harmonious and safe driving environment.
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A licensee who attempts to intimidate a prospective insured is guilty of:
a)coercion.
b)defamation.
c)twisting
d)discrimination
A licensee who attempts to intimidate a prospective insured is guilty of twisting. The correct option is c.
Twisting is when a licensee makes an effort to intimidate a potential insured. Twisting in which an insurance agent or licensee uses fraudulent, deceptive or coercive tactics to induce a policyholder to cancel, let a policy lapse or switch insurance policies is an illegal practice in the insurance industry.
It entails misrepresenting an insurance policy's provisions in order to persuade the policyholder to make a choice that might not be in their best interests. Twisting is prohibited because it is unethical and regulations exist to safeguard customers from unfair insurance industry practices.
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Intro to South African Law
It has been said that our court system generally suffers from the inability to provide many citizens with appropriate access to courts as litigation is not only expensive, but also time consuming and often lengthy. Your client is seeking a divorce and the parties does not yet have a solution as to the maintenance to be paid, the custody of their children and various similar issues. Discuss the other forms of dispute resolution, and their differences, which are seen as being faster, more effective, less cumbersome and less expensive and usually also a less conflicting way of resolving disputes and problems. Conclude with advising your client
as to the best option to use in the particular circumstances
Alternative forms of dispute resolution, such as mediation and collaborative law, offer faster, more cost-effective, and less contentious options for resolving divorce-related issues, making them advisable in this particular situation.
A faster more efficient and more affordable alternative to traditional litigation exists in the form of alternative dispute resolution. Through mediation, a third party who is impartial helps the parties come to a compromise. A neutral third party renders a legally binding decision in arbitration based on the evidence presented.
Negotiations between the parties and their respective attorneys are a part of collaborative law. These techniques encourage dialogue, teamwork and an emphasis on identifying win-win solutions. Depending on the specifics of your divorce, mediation or collaborative law may be your best bet for resolving issues like maintenance and child custody. These methods put a priority on peaceful resolution and can reduce conflict, saving time and money on court costs.
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a police officer spotted a middle-aged male sitting on a bench in a public park. the officer did not recognize the man, but was aware that the park was frequently used as a site for illegal drug transactions. the officer approached the man who remained seated on the bench. the officer asked the man for his name. when the man refused, the officer arrested him. under state law, it is a misdemeanor for an individual to intentionally refuse to give his name to a police officer who, having lawfully detained the person, has requested it. although a search of the man revealed that he did not possess any drugs, he was charged and convicted of violating the law and fined. the man appealed, challenging his conviction as a violation of his rights under the federal constitution. should the appellate court rule in favor of the man?
In this case, it appears that the man was arrested and convicted for refusing to provide his name to the police officer, which is a misdemeanor offense under state law.
The appellate court would need to examine whether the man's Fourth Amendment rights against unreasonable search and seizure were violated during the encounter with the police officer. They would assess whether the officer had reasonable suspicion or probable cause to detain and request the man's name, and whether the subsequent arrest and conviction were lawful.
In general, courts consider various factors to determine the reasonableness of a search or seizure, including the specific circumstances, the officer's knowledge, and the individual's behavior. If the court determines that the officer lacked reasonable suspicion or probable cause to detain the man and request his name, they may rule in favor of the man and overturn his conviction, potentially on the grounds that his Fourth Amendment rights were violated.
However, it is essential to consult with a legal professional or refer to relevant case law and statutes to understand the specific legal principles and standards that would be applied in this situation. Legal outcomes can vary based on the jurisdiction and the specific details of the case.
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What Would You Do? Case Assignment
Waste Management
Houston, Texas
Americans generate a quarter billion tons of trash a year, or 4.5 pounds of trash per person per day. Thanks to nearly 9,000 curbside recycling programs, a third of that is recycled. But, that still leaves 3 pounds of trash per person per day to be disposed. In the past, trash was incinerated, often in local neighborhoods. John Waffenschmidt, vice president for Covanta Energy Corp., remembers that when he delivered newspapers in the 1960s, "I’d go out in the morning and there would be little flakes coming down because there were 4,000 or 5,000 apartment-building incinerators." The rest was incinerated in large power plants, like the one on the east side of the Hudson River that burns 1,900 tons of New York City garbage each day.
With 20 million customers; 273 municipal landfills; 91 recycling facilities; and yes, 17 waste-to-energy facilities—that’s what large power-generating incinerator plants are called today—Waste Management, Inc., is the largest waste-handling company in the world. It generates 75 percent of its profits from 273 landfills, which can hold 4.8 billion tons of trash. And because it only collects 110 million tons a year, it has plenty of landfill capacity for years to come.
Given the information provided, Waste Management, Inc. appears to be a significant player in waste management and disposal.
As an intern working for Waste Management, Inc., there are several actions I would consider taking to address the waste management challenges and contribute to sustainability:
Promoting Recycling: Despite a third of the trash being recycled, there is room for improvement. I would work on implementing educational campaigns and initiatives to raise awareness about the importance of recycling and encourage greater participation in curbside recycling programs.
Waste Reduction Programs: Since a significant amount of waste still ends up in landfills, I would suggest developing waste reduction programs aimed at minimizing waste generation. This could involve promoting reusable products, encouraging composting, and advocating for sustainable packaging practices.
Exploring Alternative Waste-to-Energy Solutions: While waste-to-energy facilities contribute to energy production, there may be opportunities to explore and invest in cleaner and more efficient waste-to-energy technologies. This could help reduce the environmental impact of waste incineration and improve the overall sustainability of waste management practices.
Collaborating with Local Communities: Building partnerships with local communities and stakeholders is crucial. I would recommend engaging with community organizations, schools, and businesses to develop joint initiatives that promote waste reduction, recycling, and environmental awareness.
Research and Innovation: It is important to stay up-to-date with the latest research and technological advancements in waste management. I would encourage conducting research and investing in innovative solutions that can enhance waste management practices, such as advanced recycling techniques or waste conversion technologies.
By implementing these strategies, Waste Management, Inc. can contribute to reducing the amount of waste sent to landfills, promoting recycling, and advancing sustainable waste management practices. Additionally, these actions can help address environmental concerns, conserve resources, and support a more circular economy.
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BUSINESS LAW
(b) Discuss the term "acceptance must be absolute". (15
marks)
CONTRACT ACT 1950
"Acceptance must be absolute" means that the offeree must unconditionally accept the exact terms of the offer without modifications.
A fundamental precondition for the formation of a legally binding contract is the principle that "acceptance must be absolute" in contract law. This principle states that an offer must be accepted unconditionally and without any conditions under Malaysia's Contract Act 1950. The offeree is required to accept the offer's terms and conditions exactly as written, without adding or deleting any clauses.
The proposal of any modifications or conditions would be regarded as a counter offer rather than an acceptance. In order to maintain the integrity of the initial offer and avoid misunderstandings or disagreements regarding the terms of the contract, the principle of absolute acceptance guarantees transparency and understanding between the parties.
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Which of the following initial written agreements is NOT legally
binding?
A) Memorandum of understanding
B) Letter of intent
C) Mixed document
D) Impossible to determine
Answer: A) Memorandum of understanding
Explanation:
Suppose Polly filed a civil complaint in South Carolina state court naming a company called Dobby's Oyster Shack as the defendant. In Polly's complaint, she alleged that she "suffered a serious illness caused by a Dobby's Oyster Shack employee who negligently served her contaminated oysters." Dobby's Oyster Shack hopes to utilize the tools of discovery to win the case before trial by filing a motion for summary judgment. (a) What are two examples of facts Dobby's Oyster Shack should seek to establish in discovery in preparation for its motion for summary judgment? (b) Explain how Dobby's Oyster Shack should use the specific tools of discovery (interrogatories, subpoenas, depositions, etc.) to establish the facts you identified in question (a).
Answer:
(b) Dobby's Oyster Shack can use the following specific tools of discovery to establish the above-mentioned facts:
1. Interrogatories: Dobby's Oyster Shack can use interrogatories to ask Polly to provide detailed information about the symptoms she experienced after consuming the oysters and any medical records related to her illness. They can also ask her to identify any witnesses who were present at the time of her visit to the restaurant and whether or not they also consumed oysters.
Explanation:
1. The U.S. Supreme Court has stated that defendants should be brought before a magistrate judge within 48 hours of being arrested. From reading chapter 7, discuss the rationale behind this practice. While doing so please explain basic terminology that is related to this discussion. Relate this practice to the right to a speedy trial that is discussed in chapter 8. 2. Please explain what are motions and why we need them to secure due- process. Discuss the different types of motions presented in Chapter 8, and how their individual importance to the trial.
The practice of presenting offenders in front of a magistrate court within 48 hours after their detention is justified in part by the need to uphold due process and individual rights.
The Fourth Amendment of the United States Constitution, which protects individuals from arbitrary searches and seizures, serves as the foundation for this practice.
A magistrate judge is a federal district court judge's assistant who supports the judges in a variety of legal activities, including performing first court hearings for suspects.
The right to a swift trial is related to the practice of having suspects appear before a magistrate court within 48 hours of their detention. A motion is a formal request made by one party to the court asking for a certain decision or course of action.
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Form interrogatories, Special Interrogatories, a Demand for production of Documents, and Request for Admissions are all types of ____________________________.
Form interrogatories, Special Interrogatories, a Demand for production of Documents, and Request for Admissions are all types of discovery tools.
Discovery is a legal process in which parties involved in a lawsuit obtain information and evidence from each other to prepare their case for trial. The purpose of discovery is to promote fairness, ensure transparency, and facilitate the resolution of disputes.
The types of discovery tools mentioned in the statement are commonly used in civil litigation to obtain information and evidence. Here's a brief explanation of each:
Form interrogatories: These are pre-written sets of questions that one party sends to another party. The receiving party must answer the questions under oath. Form interrogatories cover a wide range of topics related to the lawsuit.
Special Interrogatories: These are custom-written questions specific to the particular case. They are designed to gather more detailed and specific information from the opposing party. Special interrogatories are usually limited in number and require specific answers.
These discovery tools are essential in the litigation process as they allow parties to gather and exchange information, clarify the issues, and prepare their arguments for trial. They help ensure a fair and thorough resolution of the legal dispute.
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Intro to South African Law
You are a lecturer. Teach your students the difference between the categories of Public Law and Private Law and refer to three subjects of law that are part of Public Law as well as Private Law.
Public Law focuses on the government-individual relationship, including Constitutional, Administrative, and Criminal Law. Private Law governs individual relationships, including Contract, Tort, and Property Law.
Private law and public law are two types of law that have different social functions. Public law, which includes criminal law, administrative law, and constitutional law, focuses on how citizens and the government interact. Individual rights are safeguarded and the framework of government is established by constitutional law.
Government agencies are governed by administrative law which guarantees that their actions are legal. Criminal law deals with crimes against society and imposes penalties on those who break the law.
Contrarily, private law regulates interactions between people directly. It covers topics like Contract Law, which governs agreements between parties, Tort Law, which deals with civil wrongs and offers victims remedies and Property Law, which regulates property ownership and use.
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during a storm a tree falls on your parked vehicle. what type of insurance is going to cover the damage to your vehicle?
The insurance coverage that would typically cover the damage to your vehicle caused by a fallen tree during a storm is comprehensive insurance.
A sort of auto insurance called comprehensive insurance, commonly referred to as "other than collision" coverage, aids in covering damage to your car brought on by incidents other than collisions with other vehicles. This covers harm caused by natural calamities like storms, hail, falling trees or branches.
Comprehensive insurance often pays the cost of repairs or the whole loss of the vehicle, up to the policy's limits, less the deductible, if a tree falls on your parked car during a storm. To fully comprehend the specifics of your coverage and any related deductibles, it is crucial to check your particular insurance policy.
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which of the following is not protocol if a parent feels and education record is inaccurate or misleading?
If a parent feels an education record is inaccurate or misleading, one of the protocol unavailable is the school district can choose to disregard claims without merit.
What should the school district not do when a parent feels such?When a parent feels that an education record is inaccurate or misleading, it is essential for the school district to address their concerns and investigate the matter appropriately.
Disregarding claims without merit is not an appropriate protocol as it disregards the parent's right to have their concerns heard and potentially rectify any inaccuracies or misleading information in the education record.
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Cullison v. Medley Questions
1. What are the relevant facts?
2. What is the issue in this case?
3. Can intent to cause imminent apprehension of a harmful or offensive contact be inferred from the facts?
4. What specific facts support an inference that the Medleys intended Cullison to be placed in imminent apprehension of a harmful or offensive contact?
5. What facts support the third element that Cullison was placed in imminent apprehension of an offensive or harmful bodily contact?
6. Is the test for apprehension subjective or objective?
7. What is the definition of “apprehension” in this case?
8. What entity is the appropriate decision-maker to determine whether a plaintiff
experienced the kind of “apprehension” of an imminent battery sufficient to constitute an assault?
1. When Cullison was shopping, Medley's son pushed a shopping cart towards her, hitting her ankle. Cullison fell and suffered injuries.
2. Whether Medleys can be held liable for intentional infliction of emotional distress based on the alleged intentional act of pushing the shopping cart.
3. Yes, intent to cause imminent apprehension of a harmful or offensive contact can be inferred from the facts.
4. Medley's son intentionally pushed the shopping cart towards Cullison.
5. The shopping cart hit Cullison's ankle thereby causing her to fall and suffer injuries.
What was the significance of Cullison v. Medley?The significance of Cullison v. Medley is that its helps to establish the legal precedent for holding individuals liable for intentional infliction of emotional distress.
This case recognized that intentional acts can be sufficient to establish a claim for intentional infliction of emotional distress if they create an imminent apprehension of a harmful or offensive contact.
By affirming the inference of intent from the facts, this case reinforced the importance of protecting individuals from intentional acts that cause emotional harm, even if no physical contact occurs.
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In Stanley v. USC, which of the following was NOT used as justification for Coach Raveling's higher salary?
O Years of coaching experience
O Revenue generation
O National Championships
O Public speaking responsibilities
National Championships was NOT used as justification for Coach Raveling's higher salary. The Option C.
What factors were used to justify Coach Raveling's higher salary?In the case of Stanley v. USC, National Championships were not used as a justification for Coach Raveling's higher salary. The main factors that were likely considered as justifications were years of coaching experience, revenue generation and public speaking responsibilities.
These factors are commonly used in the evaluation and compensation of coaches as they reflect the coach's expertise, ability to generate income for the program and additional responsibilities beyond coaching.
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The power to sue, notification requirements, public comment periods, and responses to comments are _______.
Group of answer choicesReflections of the "privileged position" of the public under CEQA
Steps in the process mandated by key court cases
NEPA regulations required under CEQA
Items required in an EIR that are not required in an ND or MND
The energy to sue, notification necessities, public remark durations, and responses to comments are reflections of the "privileged role" of the public below CEQA.
(California Environmental Quality Act), CEQA is a country law in California that ambitions to protect the surroundings and sell public participation in the selection-making process for tasks that can have full-size environmental influences. These factors are all necessary components of CEQA's framework to make sure transparency and accountability.
The energy to sue lets people and companies assign tasks that they believe violate CEQA requirements. Notification requirements make sure that potentially affected events are knowledgeable approximately proposed initiatives and have the possibility to participate in the process.
Public comment durations offer a platform for the general public to express their perspectives, issues, and guidelines regarding the undertaking's environmental effects. Responses to feedback ensure that undertaking proponents deal with the remarks acquired during the public comment period.
Together, those factors empower the public, recognizing their proper to be concerned in decisions that can impact their environment and excellent existence. They contribute to CEQA's aim of fostering knowledgeable decision-making and promoting environmental stewardship via public engagement.
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TRUE or False 12. The source of government itself, the document which defines the relationship of the government is the Constitution. 13. Executive orders do not have the power and effect of law. 14. It is the power and obligation of the legislature to interpret the laws they write, thereby creating common law. 15. The general function of our judicial system or legal system is to declare and apply precedent and interpret and apply legislation. 16. "Common" law refers to "ordinary" law as opposed to "shared" law. 17. The power of the executive branch of government is unlimited. 18. Economic legislation is typically found unconstitutional unless it is necessary to meet a compelling state interest. 19. Administrative agencies serve as a source of law in the United States. 20. Procedural law deals with "what can and cannot be done", while substantive law relates to "how something is done". 21. Commercial speech is not protected by the U.S. Constitution. 22. In order to establish a case for libel/slander, a public figure must establish that the defaming party "knew or should have known" the falsity of the statements made. 23. All laws are presumed to be constitutional. 24. Administrative agencies are granted their powers by the U.S. Constitution. 25. All administrative agencies have both "rule-making" powers and "adjudicative" powers. 26. Speech is subject to reasonable time, place and manner restrictions, so long as those restrictions are narrowly tailored to protect important governmental interests in the least restrictive manner.
The given statement "The source of government itself" is True because The Constitution is the highest law of the land and, in the United States, is the document which establishes the government itself and defines its relationship with the people.
The Constitution establishes three branches of government, provides for the division of powers and rights, and guarantees certain essential rights to citizens.
The given statement "Executive orders do not have the power and effect of law" is False because Executive orders issued by the President have the power and effect of law. Executive orders may direct agencies, create new regulations, or take other specific actions that carry the full force of law.
The given statement "It is the power and obligation " is False because While legislatures may interpret laws they write to help guide and shape the application of the law, it is the courts that are responsible for interpreting laws and creating common law.
Common law is an aspect of the law that has developed over time through court cases and decisions, and can be seen as an aspect of the law that reflects customs, common values, and expectations in a given society.
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The Question-
TRUE or False 12. The source of government itself, the document which defines the relationship of the government is the Constitution. 13. Executive orders do not have the power and effect of law. 14. It is the power and obligation of the legislature to interpret the laws they write, thereby creating common law.
In this forum, discuss the federal antitrust lawsuit that you were to read for this week. Specifically, answer the
following:
1. Find the following markets from the Appendix of the lawsuit and explain what the pre- and post-merger HHI is for each. The markets are Baltimore, Philadelphia, Allentown, York, and Harrisburg.
2. The DOJ also uses a more qualitative argument when it comes to T-Mobile. Qualitative means that it is an argument different from a quantitative HHI argument. Discuss how the DOJ claims that T-Mobile is a disruptive competitor and why that is an argument to block the merger.
1) The post-merger HHI for Baltimore is 3,294; for Philadelphia is 2,724; 2) The U.S. Department of Justice (DOJ) argues that T-Mobile’s aggressive competitive position makes it an essential player in the industry.
1) For Allentown, 3,008; for York, 3,266; and for Harrisburg, 3,397. For Baltimore, the increase in the HHI was 570. For Philadelphia, the increase was 918. For Allentown, the increase was 1,052. For York, the increase was 656. For Harrisburg, the increase was 576. The pre-merging HHI for Baltimore was 3,294, for Philadelphia was 2,724, for Allentown was 3,008, for York was 3,266, and for Harrisburg was 3,397.
The company has a history of being the first to introduce a new product or service.
2) The U.S. government claims that innovation is a key factor in economic growth and that T-Mobile brings that innovation to the market. The loss of T-Mobile would not only lead to a loss of competition but also a loss of the incentive to innovate.
T-Mobile has a history of leading by example when it comes to pricing, value, and innovation. The company takes the lead in challenging the other three big players to innovate as well.
According to the U.S. Government, the merger would impede innovation, hurt competition, and lead to a decrease in economic growth.
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Discuss what a bailment is and how a bailment is formed? Is it ever possible for a bailment to be formed without any words? Why or why not?
Think about this:
John and Debbie live together as a couple for five years. John discovers that Debbie has been cheating. A fierce argument ensues. Debbie does not want this to escalate so she takes a few things and leaves. Three weeks later she returns to get the rest of her possessions. John tells her he burned everything. Debbie tells him she is going to sue based on breach of bailment.
A bailment is a legal relationship involving the transfer of possession, which can be formed through agreement or actions.
In conclusion, a bailment is a legal arrangement in which the bailor gives the bailee possession of personal property. It may be created through an express contract or by the deeds and conduct of the parties. A bailment can be created even in the absence of an explicit agreement if the parties have an understanding regarding the temporary custody and return of the property.
In the hypothetical situation it could be argued that a bailment was formed if Debbie left her belongings at John's house and he accepted responsibility for them. If John destroyed Debbie's belongings that might be considered a breach of bail and have legal repercussions.
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What forms of intelligence and data should a law enforcement agency collect to assist in a criminal investigation? Does the collection of this data and intelligence violate society’s expectation of privacy? What role does social-networking play in this and has society's attitude about privacy changed because of social-networking? Give an example.
Answer:
A law enforcement agency may collect various forms of intelligence and data to assist in a criminal investigation, including:
- Witness statements
- Suspect descriptions
- Physical evidence (e.g., DNA, fingerprints, etc.)
- Surveillance footage
- Phone and internet records
- Social media and email communications
- Financial transactions
The extent of data and intelligence collected will depend on the nature of the investigation and the jurisdiction in which the agency operates.
The collection of this data and intelligence does raise concerns about society’s expectation of privacy. While the Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, the Supreme Court has held that this protection is not absolute and allows for some warrantless searches and seizures under certain circumstances.
The use of data from social networking sites in criminal investigations has become increasingly common. In some cases, law enforcement agencies may use social media to gather evidence on suspects or to monitor potential criminal activity. Some may argue that relying on social media data violates an individual’s privacy, as they may not be aware that their information is being collected or who is collecting it.
Society’s attitude towards privacy has shifted as a result of social media. With the widespread use of social networking platforms, many individuals knowingly or unknowingly share a significant amount of personal information online. This has led to a growing acceptance of certain types of data collection, particularly when it comes to public information shared on social media.
For example in a recent criminal case, a suspect was charged with arson after a fire was set at a police precinct during a protest. Investigators used social media posts from the suspect's open social media accounts as evidence, including posts showing the suspect at the scene of the arson. While some may argue that the use of this evidence violates privacy expectations, others may argue that the suspect voluntarily posted this information in a public forum and had no expectation of privacy.
Overall the collection of intelligence and data by law enforcement agencies can be a complex issue, and organizations should balance the need for public safety with an individual's right to privacy.
Law enforcement agencies must be careful to balance the need for intelligence and data collection with the privacy rights of citizens.
In today's technological age, law enforcement has access to a wealth of intelligence and data that can be utilized in criminal investigations. These include both forms of human intelligence and electronic intelligence, as well as physical evidence.
Human Intelligence (HUMINT) is defined as intelligence gathered by means of interpersonal contact, as opposed to signals intelligence, imagery intelligence, or other technical or overhead methods. Interpersonal contact may take many forms including face-to-face meetings, clandestine communications, or other forms of communication.
For example, the Fourth Amendment of the US Constitution protects citizens from unreasonable searches and seizures and requires that law enforcement obtain a warrant before conducting searches or collecting evidence.Social networking sites have become an increasingly important source of information for law enforcement agencies.
Social networking sites such as and allow users to share personal information and connect with others. Law enforcement agencies can use this information to identify suspects, track criminal activity, and gather other intelligence about criminal organizations.
Society's attitude towards privacy has changed significantly as a result of social networking. Many people are willing to share personal information online, often without fully understanding the implications of doing so. As a result, law enforcement agencies are increasingly able to collect information and data from social networking sites and other online sources.
For example, law enforcement agencies may use social networking sites to identify gang members or track the activities of criminal organizations.
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2: Everything that is illegal is
unethical (breaking the law is unethical), but not everything
unethical is illegal. What would be an example of "unethical but
not illegal" and, why,"
An example of something that is unethical but not illegal is lying in a personal relationship. While lying may be considered morally wrong and ethically unacceptable, it is not a criminal offense in most cases.
Lying in a personal relationship, such as to a friend or a romantic partner, is an example of behavior that is unethical but not illegal. While lying can cause harm, erode trust, and damage relationships, it is not typically regulated by the law. In most jurisdictions, there are no specific laws that criminalize lying in personal relationships, as personal interactions and deception fall outside the scope of legal enforcement.
However, it is important to note that there are situations where lying can lead to legal consequences, such as perjury in a court of law or fraudulent misrepresentation in certain business transactions.
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Because there is one correct answer to every legal question, interpretations of law are well-settled. Therefore, there is no need for lawyers to argue other possible interpretations of primary sources of law. True False Question 5 (3 points) Maine enacts a law requiring all businesses formed in other states (not Maine businesses) to donate 10 percent of their profits to Protestant churches that provide services to persons whose income is below the poverty level. Lo-Price Stores, Inc., a Georgia corporation doing business in Maine, files a suit to block the law's enforcement. The court would likely hold that this law violates the privileges and immunities clause no clause or amendment in the U.S. Constitution the free exercise clause and the second amendment the supremacy clause
The given statement "Because there is one correct answer to every legal question" is False because Lawyers must be able to research questions of law, interpret relevant primary sources, and consider potential alternate interpretations that might apply to a legal question.
This is particularly important because primary sources of law, which include statutes and case law, are often complex and open to interpretation. In addition, the context and facts surrounding a specific case can have an effect on the interpretation of a law.
Furthermore, the interpretation of a court or other legal institution can and does change over time, leading to alternative interpretations of the law. As such, it is important for lawyers to evaluate all available interpretations and determine which interpretation of a law best applies in a particular case.
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The Question-
Because there is one correct answer to every legal question, interpretations of law are well-settled. Therefore, there is no need for lawyers to argue other possible interpretations of primary sources of law. True False
The Administrative Procedures Act (APA) places a major limitation on how agencies are run. Under the APA, there are very specific ________________________ on rule making by agencies.
The Administrative Procedures Act (APA) places a major limitation on how agencies are run. Under the Administrative Procedures Act (APA), there are very specific procedural requirements and limitations on rule making by agencies.
These prerequisites cover things like procedures for public notice and comment, publishing proposed rules in the Federal Register, taking into account public feedback, and creating a record for decision-making. The APA also establishes standards for agency decision-making, including the need for decisions to be supported by the record and grounded on substantial evidence. The APA also allows for judicial review of agency activities to guarantee adherence to these requirements.
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