...Employment Law Case Brief To purchase this visit here: http://mindsblow.us/question_des/Week10Assignment4EmploymentLawCaseBrief/2782 Contact us at: help@mindblows.us HRM 510 Week 10 Assignment 4: Employment Law Case Brief Due Week 10 and worth 200 points Using the Internet, select and research an employment law case no greater than five (5) years old. Write a three to four (3-4) page brief in which you: 1.Summarize the issue of the case, and then explain the employment law that was violated.. 2.Evaluate the type of impact the violation had on the organization then determine two (2) ways the organization could mitigate the issue. Justify your response.. 3.Based on your research, determine if a policy was or was not in place during the violation. Then, recommend a communication for all employees to enhance the knowledge of the policy. Support your response.. 4.As a HR Manager, explore an organization you worked for or familiar with, then suggest three (3) ways you could make the organization violation free from employment law issues. Justify your response.. 5.Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources.. Week 10 Assignment 4: Employment Law Case Brief To purchase this visit here: http://mindsblow.us/question_des/Week10Assignment4EmploymentLawCaseBrief/2782 Contact us at: help@mindblows.us HRM 510 Week 10 Assignment 4: Employment Law Case Brief Due Week 10...
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... Bourland 724 F. 2d 1142 Case Brief Instructions Please note that, unlike the case you have been assigned, the cases in the text have been stripped down to a fundamental legal issue related to the chapter of study and do not contain much of the procedural aspects you may find in your case. DECIDE ON A FORMAT AND STICK TO IT: Structure is essential to a good brief. It enables you to arrange systematically the related parts that are scattered throughout most cases, thus making manageable and understandable what might otherwise seem to be an endless and unfathomable sea of information. There are, of course, an unlimited number of formats that can be utilized. However, it is best to find one that suits your needs and stick to it. Consistency breeds both efficiency and the security that when called upon you will know where to look in your brief for the information you are asked to give. Be mindful that the operative word is “brief”; ideally the case brief should be about one page in length and never over two pages. Nevertheless, it is important that a brief contain the following: TITLE AND VENUE: Identify the case name and citation in the correct format. RULE OF LAW: A statement of the general principle of law that the case illustrates in the form of a statement. Determining the rule of law of a case is a procedure similar to determining the issue of the case. Avoid being fooled by red herrings; there may be a few rules of law mentioned in the case excerpt, but usually only...
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...HOW TO BRIEF A CASE I. Distinctions A. B. II. A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic components of that decision. Persuasive briefs (trial and appellate) are the formal documents a lawyer files with a court in support of his or her client’s position. Functions of case briefing A. Case briefing helps you acquire the skills of case analysis and legal reasoning. Briefing a case helps you understand it. B. Case briefing aids your memory. Briefs help you remember the cases you read (1) for class discussion, (2) for end-of-semester review for final examinations, and (3) for writing and analyzing legal problems. Do not try to memorize case briefs. Learning law is a process of problem solving through legal reasoning. Cases must be read in light of the series of cases with which they appear in your casebook or on the class syllabus. III. Briefing a case: The steps Although the exact form of your briefs may and can vary from case to case, the following parts should appear somewhere in your brief in a way that helps you understand the case and recall the needed information. 1. Read through the opinion first so you will understand the overall story and identify important facts, etc., before beginning to brief the case on paper. 2. Heading: a. b. c. d. Case name (to identify the parties) Court name Date of the decision Page number where the case appears in the textbook ...
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...HOW TO BRIEF A CASE [OR–WHY DIDN’T I CHOOSE TO GO TO MEDICAL SCHOOL] By Dana L. Blatt, Esq. You are just about to start law school. You buy all of your required casebooks [they are about two feet thick–only “slightly” intimidating], and you receive your first assignment. You are simply told, “read the first 100 pages in each book and BRIEF all of the cases!” O.K., you know how to read [hopefully], but what does it mean to “brief” a case? You have heard of “briefcases,” but that is something that you carry around. The last time you sang at a karaoke bar someone may have asked you to be “brief,” but instinctively you know that that is not the kind of brief that is being discussed here. And you may even be wearing “briefs.” But, what is a brief of a case? For that matter, what is a case? The purpose of this article is to teach exactly what briefs are, why they are important, and how to draft them. You will learn most of the various ways to brief a case, the basic elements of each brief, and how briefs are used in various contexts. Additionally, you will read sample cases and briefs of those cases in every format. By the time you finish reading this, you will be so sick of briefs, that you will wish this writing were much briefer! So, now let’s get down to business. What is a case? A “case” starts out as a lawsuit between two or more people. The parties to the lawsuit have a trial and one party wins while the other loses (or possibly there is no...
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...LEGAL WRITING Prof. Gajić FINAL EXAM 1. Who can an attorney ask to prepare a brief? _________________________________ 2. Briefs should not be longer than one to two pages long and should be easy to read so that the reader does not have to spend much time understanding the reasoning of the case. T F 3. What are the two most important parts within the heading of internal legal memorandum? 4. The memo should begin with a statement of the issue, which is the legal question that the memorandum addresses. T F 5. The largest portion of the memo is the ______________ section. 6. The last section of the memorandum is the _________________, in which a brief summary of the memorandum is offered. 7. Name a few factors to consider when designing a law office space. What should be considered and offered to clients? _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 8. Successful interviews require the right __________________ and _____________. 9. Describe a situation in which you are meeting with a client for the first time, how would you behave, approach him/her, guide the interview. _____________________________________________________________________ _____________________________________________________________________...
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...(1) Briefs may be prepared using a printing, duplicating or copying process capable of producing a clear letter quality black image on white paper, but shall not include ordinary carbon copies. If briefs timely filed do not conform to this rule or are not clearly legible, the clerk of the supreme court may require that new copies be substituted, but the filing shall not thereby be deemed untimely. Each brief shall be in pamphlet form upon good quality, nonclinging paper 8 ½ by 11 inches in size, with front and back covers of durable quality. Each brief shall have a minimum margin of one inch on the binding side and shall be firmly bound at the left margin. Any metal or plastic spines, fasteners or staples shall be flush with the covers and shall be covered by tape. The covers shall be flush with the pages of the case. See also Rule 26(5). If briefs are produced by commercial printing or duplicating firms, or, if produced otherwise and the covers to be described are available, the cover of the brief of the appealing party should be blue; that of the opposing party, red; that of an intervenor or amicus curiae, green; and that of any reply brief, including the answering brief in accordance with Rule 16(8), gray. The cover of the appendix, if separately printed, should be white. The court will not accept any other method of binding unless prior approval has been obtained from the clerk of the supreme...
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...the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/law-421-week-1-role-functions-law-paper/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. inCh. 2, section 2-6, “Commerce Powers,” of the text Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading. Format your paper consistent with APA guidelines. LAW 421 Week 1 Role and Functions of Law Paper Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/law-421-week-1-role-functions-law-paper/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. inCh. 2, section 2-6, “Commerce Powers,” of the text Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading...
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... | | | | | |Performance: | | |Use Word to type up legal briefs | | |Criteria: | | |Type up legal briefs using tool in Word | | | | | | | 3. List prerequisite skills (if any): |Some knowledge of using a computer, experience with legal briefs | | | |...
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...INTEROFFICE MEMORANDUM CASE BRIEF INTEROFFICE MEMORANDUM CASE BRIEF To: Mr. Dudley Knox; Introduction to Law LGLA 1311-51001 From: Monica Holland Date: Friday October 24th 2014 IN RE: Introduction to the American Legal System Eighth Edition; Schulze, Patterson Upper Saddle River, New Jersey ------------------------------------------------- Assignment: I have been asked to brief a criminal case of my choice. It must be briefed on two headnotes, and one dealing with the Penal Code. The case must be 2010 or newer. The format of the brief needs to be like the Bruni case on pages 313 & 314. CITATIONS: DESORMEAUX v. STATE Cite as 362 S.W.3d 233 (Tex.App.-Beaumont 2012). PARTIES: Leo Thomas DESORMEAUX IV, Appellant here, v. The STATE of Texas Appellee here. OBJECTIVES OF PARTIES: The people want to convict and punish defendant for capital murder and injury to a child. Defendant DESORMEAUX wants to appeal the courts decision. THEORIES OF LITIGATION: 1. TRIAL: The People sought to prosecute and punish DESORMEAUX for the conviction and punishment of both crimes in the same trial. (The legal theory that justifies the bringing of both the conviction and punishment is sought in the same trial. The opinion does not list two separate the two crimes, instead they are keeping them combined for one big punishment as opposed to two.) Because DESORMEAUX is appealing the courts ruling, we can assume that the basis and theory of his case is simply that he did not...
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...Aubrey Grudowski Criminal Law Case Brief STANFORD v. KENTUCKY, 492 U.S. 361 (1989) 492 U.S. 361 STANFORD v. KENTUCKY CERTIORARI TO THE SUPREME COURT OF KENTUCKY JUSTICE SCALIA FACTS Petitioner in No. 87-5765 was about seventeen years and four months of age when he committed murder in Kentucky. After a juvenile court and several hearings he went to trial as an adult in a category for those who have committed Class A felonies or those under age sixteen who have been charged with a felony. This Petitioner was sentenced to death due to the fact he commit murder in the first degree. The death sentence was agreed upon, his contention rejected, and the mitigating circumstances considering his age, meaning he had a constitutional right to the juvenile justice system. PROCEDURAL HISTORY A societal consensus was gathered that a far smaller number of those convicted under 18 have been sentenced to death than over 18. When the Bill of Rights were written, punishments were considered cruel and unusual, therefore the 8th amendment was added to the constitution, Ford v. Wainwright. Or evolving to make society more decent to prove the maturity, Trop v. Dulles. Petitioners have not mentioned that their punishments would have been considered cruel in the 18th century. With the common-law tradition, at least 281 offenders under 18, and 126 under 17, have been executed in this country. Also, with the cases 488 U.S. 887 (1988) and 487 U.S. 1233 (1988), certiorari was granted...
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...conspiracy, securities fraud, making false representations to auditors, and insider trading. Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted by the government under an invalid legal theory and that the jury he had was biased. II. Defenses claimed by the defense Criminal trials are normally held where the crime was committed, however, the defendant may request a change of venue if they believe that bias where the crime was committed would prevent them from receiving a fair trial. Mr. Skilling argued that the court should have never tried him in Houston. Mr. Skilling pointed out prior cases where the Court decided that due to extreme media coverage there was a possibility of juror prejudice that required the courts to change the venue. However, I believe that Mr. Skilling’s case differs from these prior cases which were all in small communities, had media coverage that showed the defendant confessions, and trials that occurred right after the crime and media coverage. I also believe that Skilling’s jury acquitted him of several charges, due to this face I believe that it is very unlikely that there was any juror prejudice. Even though the media coverage of Skilling seems to all be positive, I do not believe that it was not to the necessary level to show that there would be juror prejudice. Due to all of these reasons, I do not believe that the district court made any errors by denying Skilling’s...
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...Case Brief GM520, Legal, Political, and Ethical Dimensions of Business Style of Case and Citations Kelo v. City of New London 545 U.S. 469 (2005) Court Rendering Final Decision U.S. Supreme Court Identification of Parties and Procedural Details Susette Kelo and the other affected property owners (Plaintiff) filled a suit challenging New London's legal authority to take their homes in order to make room for Pfizer and the economic development plan. Discussion of the Facts The City of New London came up with a plan to redevelop an area in which they would develop a state park and other architecturally eclectic homes. Part of the deal included Pfizer corporation who would also put a research facility in the area. The development would match what Pfizer corporation was planning and would also increase revenue, create jobs, and promote the waterfront area. This would then be the start of a much needed revitalization of the rest of the city. The New London Development Corporation and other nonprofit corporations planned to bring in Pfizer with hopes of an economic boost. Statement and Discussion of the Legal Issues in Dispute Kelo and other residents are challenging the New London's legal authority in taking their homes. They are questioning if the property meets the requirements as public use within the means of the Taking Clause and the Fifth Amendment. New London's plan is to develop a 90-acre area on the waterfront near the Fort...
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...Babatunde White Torts Case Briefs Yania v Bigan 397 Pa. 316 Parties: Plaintiff - Yania (decedent's widow) Defendant – Procedural History: Trial court dismissed the case; plaintiff appeals. Cause of action: Negligence Facts: Bigan engaged in a coal mining operation, and had trenches on his property for this purpose. The trenches were 16-18 feet in height, and contained water of 8-10 feet (water pump not working to take out the water). Yania went to Bigan's property for purposes of business. During his visit, he was taunted andcajoled by Bigan, which induced Yania to jump in the water and he drowned. Bigan made no physical act that caused Yania to fall in, and Yania to not fall in by mistake, but of his own volition Issue: Was Bigan responsible for Yania jumping in the water due to the mental impact he had on Yania? Is Bigan responsible for not acting to save Yania from drowning? - No, No. Holding: No, Order to dismiss affirmed. Reasoning: Yania was an adult of full mental capacity. Bigan's taunts, etc. arenot the reason Yania drowned. Yania jumped in of his own volition. Yania knew or should have known that jumping into the water was very dangerous, and made the decision to do so himself. Bigan had no legal duty to save Yaniafrom drowning, unless it was caused by his own negligence, which it was decidedabove that it was not. Bigan had no legal duty to rescue. Erie R.R. v. Stewart 40 F.2d 855, 1930 U.S. App Procedural History: Tompkins brought...
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...Case Brief Revised Jean Harshman-Beasley PA 401 August 6, 2013 Prof. V Corbo Case Brief Revised Civil v. I.N.S., 140 F.3d 52 (1st Cir. 1998) FACT; The petitioner, Lucienne Yvette Civil, sought political asylum under section 8 U.S.C. § 1158(a), on the well-founded fear if returned to Haiti, she would face persecution for her political beliefs. After being denied, Lucienne Yvette Civil appealed the Board of Immigration Appeals ("Board" or "BIA") decision affirming an Immigration Judge's denial of her application for political asylum. Agreeing with the findings of the Immigration Judge ("IJ"), the Board found that petitioner did not have a well-founded fear of persecution. ISSUE; Whether or not at the time Ms. Civil filed for asylum was her reason for being fearful of persecution well-founded under the Immigration and Nationality Act, § 208(a)? RULES: 8 U.S.C.A. § 1158 (a): Safe third country; shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a...
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...Case Brief-Quick Trip Competitive Positioning Although Quick Trip is widely known as one of the major gasoline retailer agents, its forays into the retail food system cannot go unnoticed. The company has established major outlets throughout the United States providing competition to the traditionally established retail outlets. A major point of departure is the kind of food offered by this retail store. Selling of freshly cooked food is rarely done in the United States especially among the many stops- over retail centers. Apart from the sale of food and gasoline, the company has invested a lot in branding and quality customer service. This has increased the customer base of the enterprise. The latest entry being in North Carolina. The retail food outlets use the established brand to attract more consumers. The retail outlets face stiff competition from major supermarkets and established food outlets. However, the strategy in place sees off the competition. Instead of developing many retail units across the country, Quick Trip resorted to establishing retail outlets in densely populated areas across major roads visited by numerous travelers. The outlets were established in major towns and cities providing a huge customer base. Moreover, the prices of the products in the outlets are lower compared to other stores making it a suitable outlet for buying goods. These are just some of the main reason most people prefer Quick Trip as compared to the other major retail stores ...
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