Premium Essay

Legal Cases

In: Business and Management

Submitted By sandris
Words 1823
Pages 8
Legal Encounter 1 New Corp hired Pat as manager of real property in Vermont; this position is responsible for activities related to maintaining leased office space. Pat supervised 51 employees and lower-level supervisors, and he dealt with tenants who leased commercial space. Pat relocated from another city 300 miles away, moving his wife and children and selling and buying a home. His wife quit her job to seek employment in Vermont. After Pat had been working for three months, his boss explained that things were not working out and that Pat would be discharged with 30 days of severance pay. Pat was surprised because his employer gave no previous indication of any problem. New Corp’s personnel manual, which had been provided to Pat upon his acceptance of employment, outlined the process for dealing with unsatisfactory employees: Notice of Unsatisfactory Performance/Corrective Action Plan
If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective action plan. If the employee’s performance does not improve to a satisfactory level in the specified period of time, termination will follow. Pat acknowledged that, upon employment, he signed an understanding that the company observed employment at will with respect to discharge, but believed the provision limited New Corp’s freedom to fire him at will. Pat also stated that New Corp’s senior management was noticeably unfriendly after Pat had been vocal at a local school board meeting. In the meeting, Pat insisted that sports funds should be allocated equally among all athletic programs, not just between boys’ football and basketball. His position was unpopular, and although no one at the meeting identified Pat as a New Corp employee, he believed this contributed to the decision to fire him. Answer
The New Corp did not follow the...

Similar Documents

Free Essay

Legal Case Study

...Legal Case Study This study is about a 41 year old woman whose name is Terri Schiavo. She was in a persistent vegetative state for 15 years with a brain injury before she died on March 31, 2005. This paper discusses her 15 year ordeal, the effects of it on her husband and family, Terri’s right to die, and the importance of end of life choices. We discuss the ethical and legal issues involved in the decision making of this case. Her husband and family disagreed on how to handle her situation, whether or not to remove her feeding tube. Even though their Terri was in both of their best interest, they could not agree on, would removing the feeding tube be killing her or letting her die? Ethical Importance Terri had left no written instructions as to what her wishes might be if she were no longer able to make her own medical decisions. The only thing that the court and her family had to go on was what her husband and family remembered her saying in conversation over the years. The memories of her husband and family were very different. In the beginning of this ordeal they both agreed that everything should be done for Terri’s survival because at that time there was hope. After a while, when Terri did not appear to be changing, or getting better, her husband believed that the quality of life that Terri had was not the quality that she would have wanted had she been able to voice her opinion. “Michael Schiavo said his wife had said that she would never want to be...

Words: 1209 - Pages: 5

Free Essay


...Legal Ramifications of the Schiavo Case This article discusses the importance of Advance Directives and the development of the patient self-determination act of 1990 demonstrates the importance that the government places on a person’s right to make their own health care decisions. In the act, congress decided consumers had the right to make their own health care choices or appoint someone who can make that decision for them if they can no longer speak for themselves. It was deemed important enough that CMS (Center for Medicare and Medicaid Services) mandated that all hospitals, home health and hospice agencies, skilled and long term facilities who receive their funds, are mandated to inform patients of their rights under state law to execute advance directives. The article discusses the legal mechanisms for consent or refusal of treatment including: living wills, durable power of attorney for health care and medical directives. The legal ramifications of the Terri Schiavo case was that there was no health care directive executed by her other than a conversation with her husband in which she stated she would not want to have her life prolonged if she was in a persistent vegetative state. Without a health care directive, after three years the decision to remove artificial nutrition and hydration was made by her husband (legal guardian). Terri’s parents and siblings disagreed and thus began a judicial, legal, ethical and media circus. The parents and siblings deemed the......

Words: 385 - Pages: 2

Free Essay

Liebeck V. Mcdonald’s and Pearson V. Custom Cleaners Legal Case Analysis

...Pearson v. Custom Cleaners Legal Case Analysis AMBA 610 9043 University of Maryland University College Introduction Frivolous lawsuits can be a determent to those who are really seeking justice through the court system. Lawsuits that are frivolous in nature are filed in the court systems that lack legal merit (Frivolous Lawsuit Law & Legal Definition, 2015). Plaintiffs and attorneys who decide to partake in meaningless claims against other parties can anger society by wasting tax payer’s money on cases that are filed and argued with loop holes in litigation (Frivolous Lawsuit Law & Legal Definition, 2015). Evaluating the product and service liability laws will give insight into the two cases that will be discussed in this paper. The two cases covers how product liability effects the consumer and company owners of each industry of businesses. Cases that are brought to courts for product liability is always initiated by the plaintiff who has to prove if the defendant is liable for alleged action claims (Jones, 2015). Two cases that have made an impact on the pursuit of filing frivolous lawsuits is the Liebeck v. McDonald’s and Pearson v. Custom Cleaners case, which will be discussed in further detail throughout this paper. If cases set precedence’s in the court systems, then these two cases show how people can obtain or attempt to collect monies from others that lacks in importance to bringing legal justice per society standards.  Case 1: Liebeck v.......

Words: 3359 - Pages: 14

Free Essay

Legal Case - Theresa Marie Schiavo: a Violation of Human Rights?

...1 Legal Case Paper The Case of Theresa Marie Schiavo: A Violation of Human Right? 2 The Case of Theresa Marie Schiavo: A Violation of Human Rights? Evolution of the Case In the early morning hours of February 25th, 1990, Theresa (Terri) Marie Schiavo suffered cardiac arrest at her home in St. Petersburg, Florida. Her husband awoke to the sound of her collapsing in the hallway and quickly called 911. Terri was found in full cardiac arrest and taken to Humana Northside Hospital. Unfortunately, the then twenty-six year old Terri had suffered irreversible damage due to prolonged lack of oxygen to the brain. Terri is left in a persistent vegetative state and has a feeding tube and requires total care (Schindler v Schiavo, 2005). The next three years consist of her husband, Michael, and her parents Robert and Mary Schindler working together to take care of Terri. During this time Michael was appointed as Terri’s legal guardian without objection from her parents. In February of 1993 Michael Schiavo and the Schindler’s began to disagree about Terri’s care and the Schindler’s attempted to remove Michael as her legal guardian (Cerminara & Goodman, 2005). In May of 1998, Michael Schiavo made his first attempt to petition the court for the removal of Terri’s feeding tube. Michael believed that there was no hope for any sort of recovery or changes in Terri’s persistent vegetative state and had stated that his wife told him that she would not want to live like that...

Words: 1810 - Pages: 8

Free Essay

How to Write an Assignment

...How to write a case review assignment 1. TITLE 2. INTRODUCTION: * Which court decision has been discussed here? * What is the case about? * What are you going to discuss in each chapter/section 3. THEORY and/or CONCEPTUAL FRAMEWORK * Explain the theory or concepts, or define the legal terms that are important for understanding the case and they are usually provided in the book. For example: * What does the concept ‘negotiations’ mean? * Explain the link between these concepts 4. THE PROBLEM [that the Court has to deal with] * What is the problem that the Court has to deal with/solve? * For example: the application of Art. 74 CISG regarding the delay in delivery or defect of goods * Why is this case important? 5. FACTS of the case (What has happened?) * Who are the parties involved: who is a plaintiff – defendant; applicant – respondent * What has happened (the sequence of, for the case, important events)? 6. APPLICABLE LAW: * Which law has to be applied on this case * Explain the relevant rules (Articles) * What does this article regulates/The purpose of this article 7. POSITION AND ARGUMENTS OF THE PARTIES * Explain the main arguments and reasoning of the parties in this Court Case: * What is a point of view of each party? Explain! * What kind of reasoning each party follows? * Make link with the......

Words: 1036 - Pages: 5

Premium Essay

Legal Case Scheduler

...Introduction A case scheduler is a program that enables an enterprise to schedule, initiate and manages jobs automatically. It is a control program that selects from a job queue the next job to be processed. The whole essence of using a case scheduler is organization and time factor. Proper time management makes an institution quite successful and Evelyn Avi’s firm is not an exception. The Legal Case Scheduler service offers an efficient interface for all Lawyers and administrative staff to plan their office and business endeavours resourcefully. Until you value yourself, you won't value your time. “Until you value your time, you will not do anything with it” (Peck M.S. 2010) This write up provides a comprehensive explanation of the development of a Legal Case Scheduler. The new system intends to resolve the problem of, case/data mismatch, improper time management technique experienced by the administrative staff of the firm. The workers shall also be able to search and retrieve data from the database. Also included in this report will be the problem statement, aim, objectives, scope and the justification of the project. Firstly, the problem statement shall be discussed comprehensively with the best methodology approach to be applied. Then the aim shall be mentioned. From the aim, the objectives shall be outlined. The scope and justification of the entire project shall be discussed in details too. The entire project goes through some process like planning, analysis,...

Words: 1000 - Pages: 4

Premium Essay

Legal Case Summary

...weapon? Were criminal threats made to Phyllis Robinson? Did the defendant cause suffering and unnecessary cruelty upon an animal? Laws Referenced: In the case of The People of The State of California Vs Robert Lee Brain, multiple laws were referenced. These include; Penal Code Section 422 (criminal threats), Penal Code Section 245(a)(1) (assault with a deadly weapon), Penal Code Section 597(a) (malicious wounding of an animal), and Penal Code Section 597(b) (needless suffering or unnecessary cruelty upon animal). Decision: The Jury found Robert Lee Brain guilty of three counts of the five counts that were charged against him. These were; three counts felony animal cruelty, one count of assault, and one count of a criminal threat. The legal reasoning that applied to this case includes the previously stated “Issues” that arose. These are; Is the defendant guilty of criminal animal abuse? Should the defendant be charged with assault? Were criminal threats made to Phyllis Robinson? Did the defendant cause suffering and unnecessary cruelty upon an animal? Also, the legal reasoning included the violations of Penal Code Sections; 422, 245(a)(1), 597(a), and 597(b). The facts of this case are, the defendant has abused and killed multiple dogs, assaulted and threatened Phyllis Robinson. All the facts that were gathered to form a case against the defendant fit the laws that...

Words: 685 - Pages: 3

Premium Essay

Short Legal Cases

...Case 49 #4: The Concerns of Sarah Issue: Sarah rented a house from Franks. Every time it rains, the roof leaks, causing plaster to fall from the upstairs bedroom ceilings. One ceiling is beginning to sag. Sarah has complained about the roof leaks to Franks and Franks told Sarah he has caulked the roof, however the roof still leaks. Sarah feels it is Franks’ responsibility to repair the roof; Franks believes since Sarah has sole control of the leased premises, she has the duty to repair the roof. Legal Application: Constructive eviction, maintaining the premises, implied warranty of habitability, and application of the warranty. Resolution: There are four remedies available to Sarah. Sarah can withhold rental payments, repair the property herself and deduct that amount from her rent (provided that doing so is in conformity with state and local laws), cancel the lease, or sue for damages. Additionally, Franks would be liable for any injuries caused from defects on the property. Case 49 #5a: Lease Assignment Issue: I am a college student and plan to attend classes for nine months. I signed a twelve-month apartment lease and paid a $150 security deposit. School is now over for the year and I have a summer job back home. I want to assign the balance of my lease, which is three months, to a fellow student who is going to attend summer school. Legal Application: It depends on what the original lease states; does it allow for a sublease or assignment? In any......

Words: 1267 - Pages: 6

Premium Essay

Legal Case Review

...the rights of all citizens including the smallest and weakest minority and citizen from the power of the state or other citizens. Law also serves to establish and maintain order within a society, mainly by staying consistent with the laws and values has set for themselves. In its role as a protector and theoretical equalizer the law also serves to help citizens, governments, and organizations at all levels the law allows individuals to settle their personal, legal, and business disputes in a fair and impartial manner that will not result in bloodshed or excessive and unfair punishment. In our society and other democratic based societies the rule of law has also been set up to specifically protect an individual’s rights from the tyranny of the masses or unjust laws set in place by the government itself. As well as protecting and regulating the citizens of a state it also serves to protect, and regulate business and how they operate. One of the primary functions of law for a business is establishing the fair and legal method for taxing the business and all their dealings. Depending on how the organization sets its self up will affect how the business is taxed and how its employees are...

Words: 750 - Pages: 3

Premium Essay

Legal Case Study

...under pressure to resign (WRS Centre, 2009). Mel should take her case in front of the federal court as the unlawful acts all fall under the Federal Legislation; under the Sex Discrimination Act 1984. The first step Mel should take is to lodge a form to the Australian Human Rights Commission, either by email, online or by phone. After having the complaint reviewed the commission will decide whether the complaint is suitable for the parties to recon ciliate or not. Assuming if the parties do not agree reconciliation then the complaint is brought to the attention of the Federal Court of Australia. Issue: Whether Widgets & Gadgets discriminated against Mel Alcholy on the grounds of her pregnancy by changing her employment conditions which of disadvantaged her and additionally whether Mel was pressured into reducing her working hours and changing from fulltime employment to part time employment. Law: The following law applies to Mel’s case: * Sex Discrimination Act 1984, section 7, Discrimination on the ground of pregnancy or potential pregnancy (Austlii, 2012); with reference to case Sheaves V AAPT 2006. Furthermore Sex discrimination Act 1984, Section 7- 1 paragraph B states: a person discriminates against a woman on the ground of the aggrieved woman’s pregnancy because of a characteristic that appertains generally to women who are pregnant or potentially pregnant (Austlii, 2012), with reference to case Librizzi V Flower Power PTY LTD 2000. Section 14 - 2: it is......

Words: 1707 - Pages: 7

Free Essay


...parties of different nationalities occur and liability to tax on income of foreigners especially among those engaging in trading venture. Whilst the laws affecting domicile and residence may be sufficiently settled, it is paramount for courts to pursue a detailed analysis to ascertain specific preliminary issues so as to avoid controversial rulings. Courts often handle numerous financial cases that involve what can be best described as foreign or international elements. In such cases, court must decide whether it has the jurisdiction under the Family Law Act 1975 to make a decision on such cases. In the event that it is determined that the court is invested with the jurisdiction to determine the case, the court has to consider whether there is a system of law in foreign country that also has the jurisdiction to handle the case. As it was addressed in the case Attorney General of New Zealand v Ortiz [1984] AC 1, these benefits and costs to either party if the case resolution is made in foreign country as compared with the apparent country should also be a subject of concern. [1] Legal systems in most countries around the world adopt community property regime, which takes effect at the inception of marriage or at the time of divorce. For instance, California and Massachusetts in the United States have adopted community property regimes that support equal division of assets upon divorce. However, this provision is not available in Australian regime. In Sweden,......

Words: 659 - Pages: 3

Premium Essay


...Ethics At Airbus 1) In each of the cases described above who benefits and who suffers from the alleged ethical and legal lapses of Airbus? Ans – When we observe across cases, its mostly the state and the airline company who is at loss due to these legal and ethical lapses Airbus – Sabena Case: As long as Van Espen’s case does not prove anything against any party, Airbus has gained significantly from the deal as it would have earned around $5bn order from the deal. The party which suffered significant loss should be the state as the Belgian government had 50.5% stake KAC – Airbus: Airbus gained a much needed order bill of around $1.1bn and possible order of $0.9bn, the employees of KAC Mr Al Mishari and its subsidiary ALAFCO, Dr. Mallalah & Mr El Fekih possibly would have earned (only a possibility) whereas the state of Kuwait higher costs, lost cash, earned higher depreciation costs and probably had to write-off it off India Inc. & Airbus: Airbus like all other cases earned the order book despite Boeing offered a deal to the Indian government $140mn cheaper. The state and eventually the airline paid $140mn more, raising its depreciation costs, debt service costs and got hold of carriers which were not properly tested thus risking the life of passengers Across cases observed, Airbus has been smart enough to save itself a persecution almost anywhere and has got large order books worth billions of dollars acquiring half of the market share but if Airbus is......

Words: 981 - Pages: 4

Free Essay

Getting Ready for a Midterm

...clearly written. All answers should be at least a (normal) page long. Second, do plan to use the full time. You may not need it but some of you may find that you would like even more time. I recommend that you enter the exam promptly since I will make deductions for those exceeding the 9:00 o'clock end time even if you enter late. Third, know that the legal reasoning essay will come from Module 4 on immunity. The variety of scenarios in that question will force you to think about and explain the nuances between sovereign and personal immunity, between absolute and qualified immunity, about loss of immunity, etc. You will want to understand all four cases from that module well before the exam. I will expect specific citations to the cases and the principles that they enunciate. An additional case that might be useful for you to look at is Canton v. Harris. A second question will address the rulemaking process and the principles underlying it. You should "walk into" the exam (in a virtual sense) with a clear sense of a fully articulated rulemaking process, so that you can pick and choose elements as appropriate in the case you will be presented. The third question will be drawn from the text regarding the Constitutional framework. Finally, remember that "open book" exams can be as challenging as closed book because the "bar" (the expectation) is higher. I think you will find that prior preparation will make a good deal of difference. As stated before, when you......

Words: 342 - Pages: 2

Free Essay

Scooterville Public Sibrary Business Use Case Library Card

...Issuance of a Library Card Author (s): _ Date: __11-5-2012__ Version: ___2______ USE CASE NAME: Issuance of a Library Card USE CASE TYPE & LEVEL USE CASE ID: 001 SCOOTS LC Business:  PRIORITY: Low System: Requirements  SOURCE: Analysis  PRIMARY BUSINESS ACTOR: Library Administrator Design  OTHER PARTICIPATING ACTORS: • Customer/Patron • System OTHER INTERESTED STAKEHOLDERS: • Out of District Customers • Children under 14 with Guardians DESCRIPTION: This Use Case is to describe the process for Customers to get a library card and become Patrons PRE-CONDITION: A customer must provide valid ID for application to become a patron TRIGGER: Desire to check out an asset of the library TYPICAL COURSE Actor Action System Response OF EVENTS: Step 1: Customer requests to apply for a Library Card Step 2: Library Administrator asks customer for valid ID – Driver’s License or State ID showing Scooterville community of proof of residency Step 3: Customer provides required proof of identification. Step 4: Library Administrator completes application process on SCOOTS terminal and asks for $5.00 cash fee. Step 5: Customer pays $5.00 cash Step 6: Library Administrator issues receipt. Step 7: Customer becomes a Patron and waits for card to be printed. Step 8: Library Administrator prints and hands Library card to the new Patron with an expiration date of 2 years and issues PIN using the last 4 digits of the customer’s phone number for card usage. Step......

Words: 1068 - Pages: 5

Premium Essay


...Determining the right to counsel depends on the circumstances of a case. For this assignment, you have three options to choose from to demonstrate what you have learned about the right to counsel. Select and complete one of the following assignments: Option 1: Right to Counsel Presentation Option 2: Right to Counsel Attorney Interview Option 3: Right to Counsel Article Option 1: Right to Counsel Presentation Analyze two cases involving right to counsel and document your observations in a 7- to 10-slide Microsoft® PowerPoint® presentation with detailed speaker notes. Use complete sentences, with correct grammar and punctuation, to fully explain each slide as if you were giving an in-person presentation. Address the following topics: • The aspects of right to counsel for the cases • How the historical development of right to counsel relates to the cases • When the right to counsel attaches to criminal procedure for the cases • Whether the defendants in the cases exercised their right to self-representation • The role of the attorneys in the cases as it applies to right to counsel Include videos, audio, photos, diagrams, or graphs as appropriate. Format your presentation consistent with APA guidelines. Option 2: Right to Counsel Attorney Interview Research one case involving right to counsel using the Internet or University Library. Analyze the case and identify two or three questions you want to ask an......

Words: 514 - Pages: 3