...A Day in Life of Alex Slander Problem Statement To identify method in which Sam Glass can effectively implement 360 degree feedback system and utilize it in developing the leadership attributes in Alex Sander. PESTCL Analysis Political: External trade unions can create havoc over employees working for long hours and denied holidays by Alex Economic: Avant-Garde’s skin care products division is aiming at achieving major US market share by launching the product “Nourish” by acquiring the company Landon Care Products Technological: With the advent of new technological interfaces people are able to communicate with the virtual teams across several countries and are able to receive work related feedback. Cultural – The acquisition of an American company, Landon by a European company Avant-Garde created some differences in the work culture of Landon. American employees have to work with their European colleagues, where the cultural differences were high as well. SWOT Analysis SWOT of Alex Sander Strengths | Opportunities | * High commitment to work * Entrepreneurial abilities * Excellent decision making skills * Multitasking * Open to learning opportunities * Good product/market knowledge * Is willing to mentor * Inquisitive/curious * Successfully rebranded two national skin care products- confidence and experience * Relentless * Generous and acknowledges good performance * Proactive | * To get into broader planning areas in Landon * Develop...
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...DEFAMATION Defamation also called calumny, vilification, slander and libel is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. Defamation is the publication of a statement which refers on a person’s reputation and tends to lower him in the estimation of right-thinking members of society generally or tends to make then shun or avoid him. [1] The tort of defamation protects a person’s interest in his reputation. If the defendant had made an untrue statement, or what amounts to a statement, which is defamatory of the plaintiff, the plaintiff has a right of action against him unless the defendant can establish one of the special defenses available to an action for defamation. Since the tort of defamation protects the plaintiff’s reputation, and since reputation depends on what other people think of the plaintiff, the publication of the statement by the defendant to persons other than the plaintiff himself is an essential part of the tort –the purpose of the tort is not to protect the injured the feelings of the plaintiff. The tort goes beyond protecting their mere personal reputation of the plaintiff and extends to the protection of the reputation of his commercial and business undertakings. The rules of the tort represent an attempt to strike a balance between two important and often competing interests, the public interest in freedom...
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...implications rather than definitive false statements (Citizens Media Law Project). Our case, an Alabama business lawsuit, Daphne Auto., LLC v. Pensacola Motors Sales, Inc. involves defamation in the form of slander. The case was filed January 1, 2010 in Circuit Court of Mobile County, Alabama. The litigants are Daphne Automotive, LLC d/b/a Eastern Shore Toyota and Shawn Esfahani, v. Pensacola Motor Sales, Inc. d/b/a Bob Tyler Toyota and its sales manager Fred Keener. The crux of the suit references defamatory statements made about Esfahani and Eastern Shore Toyota by Bob Tyler Toyota, its sales manager, Fred Keener, and its employees to potential customers regarding his birthplace, him being an Islamic terrorist, and that he was using his dealership to fund Taliban operations in Iraq. Mr. Esfahani learned of the alleged defamation against him from a couple that had previously purchased a vehicle from Bob Tyler Toyota but were now shopping to purchase a vehicle for the wife. The plaintiff in his pursuit petitioned the court to be awarded compensatory and punitive damages on three courses of actions (Daphne v Pensacola): a. Slander Per Se – In most states per se indicates the statement defamatory on its face derived from the Latin for “of itself or in itself.” Slander per se has traditionally been actionable if it fell under one of the following umbrellas: * imputations of criminal conduct * allegations injurious to another in their trade, business, or profession ...
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...damage and the law recognizes it as a tort and a crime. • A defamatory matter may be of any imputation concerning any person, or any member of family, whether living or dead, by which the reputation of that person is likely to be injured. • Defamation in common law • The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action. • Libel • A libel can be defined as a publication of false and defamatory statement in some permanent form tending to injure the reputation of another person without lawful justification or excuse. • libel is actionable per se, i.e., without proof of actual damage. • In libel, general damages are presumed i.e., the plaintiff does not have to show actual injury which includes compensation for disgrace, dishonor, humiliation, injury to reputation and emotional distress. • Slander and libel • Libel and slander both require publication. • The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. • If the offending material is published in...
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...that is concerned with the party named Martha raises both an ethical and legal aspect of law. As stated in the “Fact Pattern and Question” Bob had promised Martha a referral fee of $1000 as a way of thanking her for putting Raj in contact with him. This is technically referred to as a gratuitous promise from Bob that is not considered a contract due to the fact that it is not contain legally enforceable rights and obligations. Martha did not agree with the fact that Bob did not keep his word, and began to “grumble about Bob at the TBREA” stating slander at networking events. She had affected Bob’s reputation as a businessman by speaking out about him in the Toronto Builders and Real Estate Association (TBREA), an industry organization where your representation is important. If Bob were to find out about these statements that were said about him at a networking event, he would be able to sue Martha for slander of title, and malice. Slander is a “defamatory statement that is spoken” (McInnes, 2014) about a party. Defamation is considered as any uncomplimentary statement that could hurt someone’s reputation. The repercussions for this action can be serious, and could create a loss for Bob that Martha would be responsible for. Remedy for such an action could result in compensation or personal distress. This is could become a case of Injurious Falsehood for Martha. Although Martha may have thought this could be considered as a fair comment and justified, legally it is an issue that Martha...
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...which causes a person to apprehend immediate unlawful person violence. An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability False imprisonment False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention. When it comes to public police, the proving of false imprisonment is sufficient to obtain a writ of habeas corpus. Libel/Slander Under common law, to constitute defamation, a claim must generally be false and have been made to someone other than the person defamed. Some common law jurisdictions also distinguish between spoken defamation, called slander, and defamation in other media such as printed words or images, called libel. Conversion A conversion is a voluntary act by one person inconsistent with the ownership rights of another. Trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land. Private Nuisance An activity or thing that interferes with the use of property by an individual (or a few individuals) by being irritating, offensive, or obstructive. Nuisances can include everything from noise and illegal gambling to posting indecent signs and misdirecting water on to other property...
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...personally get to know that person. Consequently, if one judges another by observing just their appearance, or by taking into account what others have said, he or she may present a false interpretation of them that may form and lead to various assumptions that may tarnish one’s reputation. Within the novel Stieg Larsson uses this theme throughout the book to describe the predicament that Lisbeth Slander, a very distant and misunderstood girl, finds her-self in. As people dig into her past, the reports that the investigators discover present a negative and inaccurate view of Lisbeth; this leads to them judging her based on what others have said and her different and dark appearance. However, the only people who know the true and unique nature of Lisbeth are her close friends. The events that take place in the book and the discrimination that Lisbeth faces directly relates back to the theme about first appearances and how they may not be as reliable as some may think along with believing what others have said....
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...Gossip and Rumors: What The Words Mean So what ARE rumors, exactly? Is there a difference between a rumor and a piece of gossip? Well, this is what characterizes a rumor: * A rumor is a piece of information or a story that has not been verified, meaning that the person telling it doesn't know if it's true or false. * Rumors spread from person to person, or can spread from one person to a whole bunch of people at once. * Rumors can change slightly each time they're told, so they get more exaggerated over time. * Most people who spread rumors don't care if the story is true of not, and don't bother to check it out. * A rumor might be true, it might be partially true and partially made up, or it might be totally made up. Unless somebody can definitely say that a story is real or fake, it will stay a rumor. Here's a good example of a rumor: "I heard that anybody who fails the next history test is going to have to repeat the course over the summer." Gossip, on the other hand, is a little different: * Gossip is talk that is somehow "juicy," meaning it deals with subjects that are shocking or personal. * Gossip is usually about things like love and relationships, or private things that people don't talk openly about. * Gossip about a person is usually spread behind that person's back. * Gossip can be true, false, or a rumor. * When a piece of gossip is known to be false, it's a lie, plain and simple. * Someone who spreads a lot of gossip...
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...Midterm #2 • defamation - the action of damaging the good reputation of someone; slander or libel. o slander - wrongfully hurting a person’s good reputation. Breaching this duty in orally involves the tort of standard ▪ Slander Per se – If a false statement constitutes “slander per se,” it is actionable with no proof of special damages required. In most states the following four types of declarations are considered to be slander per se: o LIABLE – wrongfully hurting a person’s good reputation. Breaching this duty in writing or in another permanent form (such as digital recording) • *TO ESTABLISH DEFAMATION; Plaintiff must normally prove the following: ▪ 1. The defendant made a false statement of fact ▪ 2. The statement was understood as being about the plainfiff and tended to harm the plaintiffs reputation ▪ 3. The statement was published to at least one person other than the plaintiff ▪ 4. If the plaintiff is a public figure, she or he must prove actual malice o defenses ▪ Truth is normally an absolute defense against defamation ▪ If he speech is privileged or concerns a public figure ▪ Privileged communications. • Privilege or immunity o public figures ▪ Politicians, entertainers, professional athletes, and others in the public eye are considered...
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...the city parks. The members of the group challenge the constitutionality of the city’s actions under equal protections, freedom of religion, and freedom of speech. Discuss the arguments each side would raise under each of the challenged actions of the city. Issue Spotting Is the resolution passed by the city an infringement of the freedom of religion, equal protections, and freedom of speech? Rule Freedom of speech is the political right to communicate ones ideas through speech Freedom of religion is a constitutionally guaranteed right to teach, practice, and worship however you like Limitations of freedom of speech are libel, slander, and obscenity Human right’s law/ constitutional law City counsel members may have infringed on religious groups basic rights Analysis City’s Defense: The religious group committed libel, slander, and...
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...Should the inventory of contrastive sounds in Mokilese include voiceless vowels? Should the inventory of contrastive sounds in Mokilese include voiceless vowels? • no minimal pairs Should the inventory of contrastive sounds in Mokilese include voiceless vowels? • no minimal pairs • voiceless vowels are between voiceless consonants V -> [-voi]/[-voi]__[-voi] Should the inventory of contrastive sounds in Mokilese include voiceless vowels? • no minimal pairs • voiceless vowels are between voiceless consonants V -> [-voi]/[-voi]__[-voi] • but not all vowels between voiceless segments devoice. Should the inventory of contrastive sounds in Mokilese include voiceless vowels? NO • no minimal pairs • voiceless vowels are between voiceless consonants V -> [-voi]/[-voi]__[-voi] • but not all vowels between voiceless segments devoice. V [+high] ->[-voi]/[-voi]__[-voi] 6: Gen Determine the rule that accounts for the distribution of [r] and [l] in the following data. agble ‘farm’ agoŋglo ‘lizard’ aŋɔli ‘ghost’ akplɔ ‘spear’ sabulɛ ‘onion’ sra ‘strain’ alɔ ‘hand’ atitrwɛ ‘red billed wood dove’ avlɔ ‘bait’ blafogbe ‘pineapple’ drɛ ‘stretch arms’ edrɔ ‘dream’ exlɔ ‘friend’ exle ‘flea’ hlɛ ‘read’ ŋlɔ ‘write’ ʧr, ‘exterminate’ klɔ ‘wash’ tre ‘glue’ vlu mla wla ‘stretch a rope’ ‘pound a drum’ ‘hide’ lɔ pleplelu zro ‘like’ ...
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...What is a community? Traditionally a “community is a group of people who live in the same area,or people having common rights privliges or interests and living in the same place under the same laws”. This definition was found in Websters Dictonary, however; what about the less talked about communities that appear online? These communities have a lot of the same common interests and make it easier to stay connected with technology whether it is for work or personal interests. Our business is involved in a small tight-knit community online called the International League of Signature Gatherers. Discussions in this group may include upcoming political events, nearby campaigns, and contains references on who to work for amung many other political interests. This site helps our business hire and fire workers as well as a place where we can voice our opinions without being judged. I believe that’s why we consider this social community home. International League of Signature Gatherers was established in 2008 by a fellow petitioner turned manager named Arenza Thigpen, he runs the page listens to comments and concerns and helps if needed to fix problems. I. L.S.G. main purpose is to give information about upcoming political, campaigns and also give contacts for different projects. Almost everyone on the site has collected signatures from registered voters for money sometime in their past and still may do and then there are coordinators who run states and you have sub-coordinators...
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...Fall 2014 Business Law Midterm This is a take-home-open-book-midterm. This is NOT a group effort. Work alone. DO NOT WORK TOGETHER! Use a scantron. Write your name on the scantron. True or False (Mark A for True B for False): 1. It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B. 2. A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions. 3. The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m. and 4:00 p.m. This is an example of an ordinance. 4. If one obeys the law, one is necessarily also acting ethically because ethical standards of conduct and legal standards of conduct are identical. 5. One of the important powers of courts in the United States is to interpret legislation. 6. It is the function of the jury to decide the facts that are in dispute in a case. 7. It is unconstitutional to conduct a trial with a jury of fewer than 12 jurors. 8. For diversity of citizenship jurisdiction, each plaintiff must have suffered over $100,000 in damages. 9. Sam Sophomore is suing the school board of Small Town, Iowa for suspending him because he held up a sign at a pep rally denouncing war. He claims that his First Amendment right of free speech was violated. He may file suit in federal district court in Iowa, even though he and the defendant school board members are citizens of Iowa. 10. A person...
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...1. What is a tort? A tort is a civil wrong not arising from a breach of contract; a breach of a legal duty that proximately cause harm or injury to another. The purpose of tort law is to provide remedies for the invasion of various protected interests. The basic categories of torts are two classifications intentional and unintentional torts. (p.116) 2. What is a cyber-tort, and how are tort theories being applied in cyberspace? A tort committed in cyberspace. Tort theories which apply to cyberspace are those of defamation, which is complicated by the anonymity of the internet service provider (ISP). In order to prosecute, court order is often necessary to get an ISP to reveal the identity of the source of the comments. (p. 129) 3. Two sisters, Darla and Irene, are partners in an import business located in a small town in Rhode Island. Irene is married to a well-known real estate developer and is campaigning to be the mayor of their town. Darla is in her mid-thirties and has never been married. Both sisters travel to other countries to purchase the goods they sell at their retail store. Irene buys Indonesian goods, and Darla buys goods from Africa. After a tsunami (tidal wave) destroys many of the cities in Indonesia to which Irene usually travels, she phones one of her contacts there and asks him to procure some items and ship them to her. He informs her that it will be impossible to buy these items now because the townspeople are being evacuated due to...
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...Knarles and Barkley are a father-son team who run a fairly successfully maintenance company in Maryland. They have built many strong relationships with building owners for residential and commercial properties throughout the District of Columbia, Maryland, and Virginia. Due to their close relationships with their clients, they often renewal their original written contracts through verbal agreements. As compensation, they receive a monthly payment of $2,000 to $4,000, depending on the size of the building. Moreover, they bill their clients for any equipment of a substantial nature they may need to be replaced, replace old systems, and provide additional services, such as snow removal. Currently, Knarles and Barkley employ four full-time employees to perform various facilities maintenance. One of their employees is a licensed plumber in the District of Columbia. His yearly license renewal is paid by their firm as part of a written agreement at the beginning of his employment four years ago. Subsequently, a second agreement was entered for a period of two years. However, this year, Knarles decides to allow his 17-year old son, Barkley, to handle the renewal of this employee’s contract. Consequently, this contract was not renewed. This year, Knarles is called away for a “green facilities maintenance trade show”. Meanwhile, his young son Barkley is approached by a reputed building owner from northern Virginia, Ian Chetum. Chetum seeks the facilities services from Barkley...
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