...MIDTERM EXAM NAS 364 FEDERAL INDIAN LAW FALL 2015 You have one week to finish this exam. It will be due by e-mail to marlon.sherman@humboldt.edu, no later than 5 PM on Wednesday, October 28. The exam will take the form of a legal memo, in which you brief me on the legal standing of our client, Joe Doe. I have provided some links to forms of legal memos that you might use, and there are other examples online. http://www.law.cuny.edu/legal-writing/students/memorandum/memorandum-3.html http://www.lawandborder.com/Academic/LW/LW--Samples/SampleMemoSTCL.pdf You will need to research the position of the individual whom you are representing. What are the positions regarding each party in this case – that is, The Corporation, John Smith and Joe Doe? To what extent do these individuals’ values reflect their positions toward the issue, toward the plaintiff, toward the tribe and toward the state? Would it make any difference whether this took place in a PL 280 or non-280 state? When you have determined the answers to these questions, begin your legal research and prepare to argue your case in court. You will need to analyze pertinent law as we have done in class, looking for facts, issues and analyses, just as the online memo templates suggest. When you mention a particular case, you must cite it using the following hint: Montana v. United States, 450 U.S. 544 (1981), 546. Remember, your boss is very lazy and hates research and has forgotten...
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...Circulars and Notices Like memos, circulars and notices are also written forms of communication within the organization. The difference between a circular and a notice is that circulars are announcements that are distributed to small or selective groups of people within the organization, whereas notices are meant for a larger group of people. Example – If a manager wants to call a meeting of heads of departments, he will pass around a circular only to the heads, requesting them to attend that meeting. On the other hand, notices generally contain information or announcements that are meant for all the employees of an organization. Example – A list of declared holidays for a calendar year is a notice, since the information is relevant to all employees. A notice is therefore a legal document that has to be put up on an official notice or bulletin board. A sample circular and notice are given below – TO : All Departmental Heads CIRCULAR Safety Aspects in Science Laboratories The purpose of this circular is to emphasize the importance of safety in research laboratories. All laboratory supervisors are responsible for the safety of research scientists in their charge. It is their duty to draw their attention to any safety hazard that pertains to a particular activity. In this context, supervisors...
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...I am a first-year student at Washington University School of Law and am interested in a 2018 IL summer associate position in biotech patent prosecution with Polsinelli at its St. Louis office. My undergraduate degree is in molecular and cellular biology from the University of Illinois at Urbana-Champaign, and I ultimately plan to use my background to practice patent prosecution. Polsinelli’s commitment to continuous improvement is extremely attractive. It is evident that this commitment, combined with the firm’s emphasis on collaboration between its attorneys, is what leads to the firm’s highly regarded reputation in client service. I would greatly appreciate the opportunity to assist the firm in furthering its goals. Additionally, I plan to...
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...Yes/No | Description of To Do | | Other Notes | Planning | | 6 | Yes | GA-1 | No | 2. Draft Engagement Letter using the sample letter from the previous auditors in Blackboard. You will need to type this in word from scratch. You will need to make appropriate changes as needed and as discussed in class. | | | Planning | | 6 | Yes | GA-2 | No | 3.Draft short staffing requirements memo | | | Planning | | 37 | Yes | Varies | Yes | Note you do not need to search for audit programs – Refer to Blackboard for Audit Program Templates that are included with each audit area. You will need to reference and sign off each audit step as required (note that all audit steps provided in the audit program may not be needed.) | | | Planning | | 38 | Yes | GA-3 | Yes | Draft workpaper for the notes and information obtained from the 2011/2012 minutes (as discussed in class) | | | Planning | | 42 | Yes | A-1, A-2 etc | Yes | Trial Balance numbers for 2011 and 2010 9pages 43-44 are already input into the excel worksheets to use as a trial balance template | | | Planning | | 45 | Yes | A-1,A-2 etc | Yes | Use excel trial balance worksheets to calculate analytics as we demonstrated in class. You must complete items 1a and b. Financial Statement and changes and financial ratios Also, we completed item 2 - using items {a}–{j} but not in memo form – so you will need to include this info also | | | Planning | | 45 | No | N/A | N/A | 1c – You will not need to compare...
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...• Write an outline for this section of the training program. • Be sure to address the characteristics of the perceiver, the target, and the situation as well as any barriers that might need to be considered. Part One: As you prepare your outline for training interviewers, focus on elements that make interviews most effective. An interviewer should understand how to communicate with interviewees and must acknowledge the appropriate method for interviewing based on legal and fair hiring practices. For example, interviewers must choose their words carefully. They must be culturally sensitive to applicants and refrain from offending or discriminating against individuals based on gender, religion, sexual orientation, ethnicity, disability, etc....
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...helps G-BioSports to maintain their high standards and quality assurance within their industry. The first scenario took place after the Lab Director informed the Quality Control Manager that specimens received at his lab were found with a trace contamination of 100% in all the samples. Unfortunately these results were two weeks late and products from these specimens had already been released and shipped out to consumers. Although the contamination found was well below FDA standards, the QCM is faced with many concerning issues and decisions to be made. A few examples are; who needed to be informed and how quickly, how would information should be disseminated without creating a threat or scare to the public and stakeholders. How serious was this contamination and how much product was actually sent out. This also includes to what degree of ethics and legal concerns would need to address. Nevertheless, there are many concerning factors. As a manager, gathering all the facts is an important first step. Who to inform and how this information will be shared by either memo or email. Immediately the QCM contacted the Quality Operations Director by memo. The QCM recommendations included contacting the Legal and Marketing department for consultant prior to any proceedings of informing stakeholders or consumers. The integrity and values were largely at stake, not to mention the company’s reputation and strong commitment to...
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...Table of Contents Writing a Memo 4 Audience and Purpose 4 Parts of a Memo 4 Heading Segment 4 Opening Segment 4 Context 5 Conclusion 5 Sample Memos 5 1st sample 5 2nd sample 6 Writing a circular 7 1. Circular regarding a computer training programme. 7 2. Circular regarding office identification 7 3. Circular regarding a visit of a senior manager 8 Writing a notice 9 Format of a notice 9 Cause and effect 11 EFFECT — CAUSE 11 Summarizing 13 Meeting Minutes 14 Business Letters 16 Writing the Basic Business Letter 16 Parts of a Business Letter 16 Covering letter 21 Job advertisement 22 Job adverts checklist 22 Senior Accountant position 22 Senior financial accountant, REF: F90111 23 Accounting terms 25 General Business Vocabulary Terms 27 Advertising 27 Banking 28 Company Structure 28 Contracts 29 Employment 30 Import-Export 31 Insurance 31 Law 32 Marketing 33 Money 34 Presentations 34 Selling 35 Graphs and Charts 37 Presenting Visuals - useful phrases & vocabulary : 37 Commenting trends - useful phrases : 37 Conclusions - useful phrases : 38 Presentations 39 Writing a Memo Audience and Purpose Memos have a twofold purpose: they bring attention to problems and they solve problems. They accomplish their goals by informing the reader about new information like policy changes, price increases, or by persuading the reader to take an action, such as attend a meeting, or change a current...
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...Wk 6 Memo: “a brief, informative document used to communicate within an office, such as between attorneys on the same side of a case.” Legal Writing: How to Write Legal Briefs, Memos, and Other Legal Documents in a Clear and Concise Style. Ed Amanda Martinsek (2009) NY: Kaplan Publishing An analysis of the law. The goal is to explain to the reader what the law says/requires in a particular area. “A memorandum might be written, for example, after a client has asked whether a lawsuit would be worth commencing. It would be used most immediately for advice to the client. If the result is a suit, some parts of the memorandum might be read again when the complaint is drafted. The memorandum might be consulted a third time when the attorney responds to a motion to dismiss; a fourth time while drafting interrogatories; a fifth time before making a motion for summary judgement; a sixth time before trial; and a seventh time in preparing an appeal.” Neumann, R.K.Jr p65 What should a memo include? Heading – Memo To: From: Date: Re: Introduction/Question Presented Brief Answer Facts Applicable Statutes (Rule(s)) Discussion – IRAC of each issue Conclusion (overall) John Bronsteen, 2006. Writing a Legal Memo. New York: Foundation Press, pp38-65 Introduction/Question Presented: The situation, how it engages with the rule, the legal issues that have arisen and breaking down the issue into a summary of the sub-issues. Brief Answer:...
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...Chapter One Introdution: Fundamentals of Business Writing I. The major differences between school writing and business writing School writing, typically in the form of essays, is aimed at impressing the audience, i.e. examiners. To score high, student writers have to use fairly complicated vocabulary and sentences in their written work. Business writers, however, mainly aim to communicate information to their colleagues, clients, and other associated parties. They are relatively free to use what language that can get the business done efficiently and effectively. II. Seven steps in the process of wring 1. clarifying your aim 2. identifying your readers 3. making a general plan 4. sketching a synopsis (大纲) 5. drafting your text 6. putting the draft aside 7. revising and editing ★ Writing is a recursive and creative process. The detailed plan is not adhered to in actual writing. Writers frequently come up with ideas that are activated in the process of writing. Writers read the text they have already produced to help generate more ideas. In effect, the writing process is no linear at all but is characterized by recursive ness and creativeness. III. Three principles of business writing 1. Clarity – means setting your message across clearly. (See detailed information on page 4) 2. Consideration – good business writers take their readers’ needs, problems, and reactions to the writing into consideration. And they...
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...memo writing [pic] TASK ONE: WRITING A POLICY MEMORANDUM GUIDELINES & EVALUATION CRITERIA CONTENTS |Getting Started |2 | | | | |Writing Guidelines |4 | | | | |Evaluation Criteria for Task One |8 | I. Getting Started Steps to complete task one 1. Choose a scenario from the list provided separately 2. Choose a national mission to address 3. Write your policy memorandum 4. Make sure that your policy memorandum is consistent with the submission guidelines below 5. Submit your memo Step 1: Choose a scenario Students should write amemorandum on one of the government national missions on climate change. (Provided in the separate document) Step 2: Choose a national mission to address The national missions are listed in the separate document sent along with this. Choose any of the national missions which are a part of the government of India’s “National Action Plan on Climate Change” Your memorandum should be addressed to the government responding to the action plan your decide to choose from the document attached along. We encourage you to discuss specific features of the...
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...Solutions to selected exercises from those assigned in outline (Chapters 1, 2 & 3) Message for Analysis (p. 31) Students will recognize this document as ineffective because it presents so many barriers to communication. The memo • Creates emotional barriers right from the first sentence (accusing employees of lying and cheating, later calling them names), preventing readers from perceiving the intended message • Presents a restrictive and authoritarian attitude, reflecting an environment that discourages open communication and thus discourages employee candor • Expresses bias or prejudice (in the slur against women employees) • Reflects the author’s anger and defensiveness (“I simply have no choice”) • Assumes bad intentions on the part of the employees, underlining the lack of audience-centered thinking • Uses vague, confusing language (More than three times during what period? Will have to answer to the author for what specific penalties?) • Polarizes workers by inciting conflict between “punctual” employees and others 1.2 The tasks described have the following communication directions: a. Downward, upward, and horizontal—since the entire company is involved. A memo is the best choice (either printed or electronic) to ensure that everyone receives the message (as opposed to, say, a blog posting, which is more passive). b. Upward. Depending on the situation, could be a formal proposal or a presentation at an executive meeting. c. Horizontal. Because this situation...
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...another state, if the company provides more generous terms through an oral or written contract, a collective bargaining agreement, or company policy, the company must comply with those terms. RELATED INFO/FORMS: Note: This document applies to all employees, whether exempt, non-exempt, full-time, part-time, temporary, new, or regular.1 GENERAL RULE ON PAY AND BENEFITS DURING LEAVE Employers must give employees time off from work for a variety of reasons (such as for jury duty and workers' comp injuries). Besides these mandatory leaves, many employers provide other, optional leaves (such as vacation, sick, and holiday leave). See Memo 2800 Employer's Duty to Provide Leave & Time Off. Note: If employees are entitled to take leave, employers generally must reinstate employees returning from leave to their prior pay and benefits. See Memo 2807 Employee's Rights Upon Reinstatement from Leave. Generally, employers are not required to pay employees while they're on leave. And, employers are probably not required to let employees accrue any fringe benefits or seniority while they're not working. Example: Jackson tells his boss, Sarah, that he has been called for jury duty in federal court. While Sarah must give Jackson time off, she may not have to pay his wages, pay premiums for his medical...
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...Additionally, Obama's top lawyers gave Mr. Preston three West Asia and Middle Eastern countries that are determined to be too small of a sample size. Substantially, the legal team presented unsound evidence to convince its readers that the program shall exceed legal constraints; therefore, they certainly persuaded readers that it must be moral. In reality, this is hardly a logical comparison since only three of the multiple countries including its vast number of populated cities were chosen and the countries were not randomly selected. Also, Obama's lawyers give the false impression that they are the legal authority and scholars within these countries. In fact, their information lacks credibility and demonstrates bias towards the President and the American drone program that results with them being labeled as an unqualified authority. Furthermore, the story commits a straw man fallacy to knock down the definition of “imminent threat” as well as to distort using the story about the sheriff from the “Old West” to simplify killing terrorists and murdering civilian casualties as...
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...related to your major at college. Perhaps you'll want to write about a hobby (dog training, wood working, gardening, parasailing, etc.). Whatever topic you select, have fun and be creative. NOTE: All subsequent assignments in this class (your flier, letter of inquiry, memo, user manual, and report) will ask you to write about the same topic you have chosen for the sales letter. Therefore, pick a good topic for your sales letter--one that you enjoy, one that you can live with for a few months, one that lends itself to a how-to user manual, and one that is mature and appropriate for a college class. Why write about the same topic over and over? I'm asking you to practice a very common skill in technical writing called "single sourcing." In "single sourcing," tech writers use and reuse content in different communication channels.You're not required to stick with the same topic. If you want to change topics from assignment to assignment, go ahead. But, reusing the same topic (and graphics) could save you time throughout the semester. | Now that you know the objectives for this assignment, follow this sequence: Read the sales letter's criteria to learn exactly what your letter will include. Review the sample sales letter. Prewrite to gather data, to determine your objectives, and to select an audience. Write a rough draft. Use the evaluation checklist to critique your rough draft. Revise your letter. Submit the completed letter to me for...
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...Chapter 1, you will learn that communication skills are critical in the workplace and that technical writing is used in virtually every work environment. For this discussion, locate a technical document from your workplace or from home or the Internet, preferably one that might be found in your career field. Note that Figure 1-1 (page 4) provides a list of technical communication examples. Using the five goals and features of technical communication listed in the textbook (page 4), describe how the document addresses these characteristics. Then, discuss whether or not you feel the document is successful in its overall goal. Provide examples from the document to illustrate. If possible, share the document by posting a link or a PDF of the sample used. Audience Culture and Analysis (graded) As our text states, “one cardinal rule governs all on-the-job writing: Write for your reader, not for yourself” (page 41). This requires a solid audience analysis. As part of this analysis, you must also consider the audience's cultural background, particularly in light of today's global society. For this discussion 1. discuss some general reader characteristics and methods for analyzing the readers of various technical and workplace documents; and 2. describe additional considerations you need to make when dealing with a global audience or an audience from a culture different than your own. Feel free to choose a...
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