Category: Law

 

Assigned Cases – Module 4
1. Sexual harassment:
Here is your individual case brief assignment for module four, all of which involve some form of sexual harassment. At the end of this module, you should be able to determine what the court requires in order for a employee to proceed with a sexual harassment case. Can an employer be held liable if a supervisor harasses an employee even if the employer didn’t know about it?

Learning outcomes
A1: an understanding of the principles underlying the system of land ownership in England and
Wales
A2: an analysis of the importance of third party rights
B1: analyse a problem involving the wide variety of interests that can exist in land
B2: identify the relevant legal principles and assimilate the factual and legal material
B3: resolve a problem using logical conclusions based on those principles to present a reasoned
personal view to a client or employer
C1: identify and retrieve information from materials provided and from sources they have identified
themselves through the work environment
C2: discuss the results of the research in an appropriate way within their submitted work
C3: organise their workload to complete relevant tasks within a set period of time
D1: identify and locate a range of information needed for solving any given problem.
D2: either individually or in groups, plan and execute the research needed, including organisation of
time to meet deadlines
D3: communicate effectively in English using relevant legal terminology in an appropriate
professional style
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Brief
You are to use the scenario below and advise Alice as detailed in the task section.
Scenario
Alice recently bought Damson Cottage from Richard a semi-detached freehold house with a large
rear garden. Alice was particularly attracted to the property because of the potential to extend and
the lovely views from the rear of the property over the neighbouring countryside.
Damson Cottage originally formed part of Manor Farm, but was sold in 1999 when it was first
registered under its own separate title. Access to the property is via a shared private driveway
owned by Manor Farm. When it was sold, the 1999 Transfer contained the following provision:
‘And the Purchaser for himself and his successors in title hereby covenants with the Vendor
and his successors in title that he will perform and observe the following stipulations:
1 No external alterations whatsoever shall be made to the premises without the written
consent of the Vendor such consent not to be unreasonably withheld; and
2 To contribute a fair proportion according to user of the cost of maintaining the private
driveway leading to Damson Cottage.’
Following the death of the 1999 seller, two years ago, Manor Farm has now been sold to Mike.
Tasks
Advise Alice on her legal position in respect of the following:
a Alice has just discovered that Lily, who is a landscape gardener, lives next door. For
some time she has parked her van and stored materials used for her business on
part of the rear garden of Damson Cottage. Then she erected a wooden fence
around that part to incorporate it into her garden. Lily is refusing to remove the fence
and the materials.
b Simon who lives next door intends building a two-storey rear extension to his house.
Alice objects to the plans for three reasons:
• the work will include cutting into the wall which is shared with her house;
• the gutters on the proposed extension will slightly overhang Alice’s property;
• the proposed extension will block the view from and reduce the light to her garden
and kitchen window.
Simon is refusing to change his plans saying that he is entitled to do what he likes
with his own property.
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c Charles whilst on a visit to Damson Cottage found a box of very old coins buried in
the garden. He claims that he is entitled to keep them.
d Alice wishes to erect a single-storey extension at the rear of the property which she
intends using as her office for her new internet business selling leather accessories.
She has recently received a letter from Mike reminding her that his consent is
required under the covenants to any external alterations and seeking a contribution to
the cost of the recent resurfacing of the shared private driveway.
Marking Criteria:
You will be marked using the standard marking rubric attached.
Give legal advice rather than practical advice. Use objective, impersonal formal language.
Do not produce your answers in the style of a letter or report unless you are specifically
asked to do so.
When answering legal questions you should firstly identify the issues, then explain the legal
principles and finally apply those principles to the question. Your final paragraph should
summarise the points made in your answer and draw any conclusions from them. Your
answers should be properly founded on case law and or statutes and further challenged and
tested via expert legal opinion delivered from legal commentaries in law journals etc. The
use of legal journals and published opinion is encouraged to help support and justify your
findings. When you state a legal rule refer to the decided case and /or statute from which it
comes. When referring to a decided case the important thing is to state the court’s decision
and the reason for that decision and show how it applies to your answer.
You should use the full names and dates of cases and statutes when first mentioned.
Subsequently they may be abbreviated.

 
Instructions:
Based on missing Professor Part 1(Collecting evidence), Part 2(Search Warrant), and Part 3(Interrogation) you had already worked as detective.
Now you will be working on part 4(Prepare an Information or an Indictment)
Imagine yourself as a local prosecutor. Decide if and what you will charge Gilbert with. Decide what charges you will bring against Gilbert.

 
To what extent has the Human Rights Act 1998 fully implemented the European Convention on Human Rights into the UK legal system?
OBJECTIVE:

The objective of this written assignment is for the candidate to provide a comprehensive description of the extent to which rights granted under the European Convention on Human Rights, (“the ECHR”), have been incorporated into UK law by virtue of the Human Rights Act 1998, (“HRA 1998”).

 
5 body PAGES NOT INCLUDING THE TITLE PAGE AND BIBLIOGRAPHY MLA FORMAT ONLY, FONT SIZE 12 ONLY
ARIAL OR TIMES NEW ROMAN FONT THEME ONLY, MUST INCLUDE TITLE PAGE AND BIBILOGRAPHY. TYPED USING MICROSFT WORD ONLY AND CITED

Questions 1 to 20: Select the best answer to each question. Note that a question and its answers may be split across a page
break, so be sure that you have seen the entire question and all the answers before choosing an answer.
1. Polly hires Nick to sell her house and gives him power of attorney that authorizes him to do, but the
power of attorney says nothing about price. Polly tells Nick to take nothing less than $200,000. Lola offers
Nick $195,000 for the house, and Nick accepts. Nick violated his duty of
A. account.
B. loyalty.
C. due diligence.
D. obedience.
2. Steve is Jason’s agent, and it’s within Steve’s authority as Jason’s agent to purchase homes on Jason’s
behalf. Steve contracts with Albert to buy Albert’s house for Jason. Steve, however, doesn’t tell Albert that
he’s buying the house on Jason’s behalf or that he’s acting for another individual. Under the terms of the
contract, which of the following statements is true?
A. Only Steve can be held liable.
B. Both Steve and Jason can be held liable.
C. Neither Steve nor Jason can be held liable.
D. Only Jason can be held liable.
3. Shauna creates a website that sells shoes. Meagan chooses shoes, enters her credit card information, and
purchases the shoes. She then receive an e-mail confirming the purchase. The website is programmed to
perform these functions, and Shauna has no personal knowledge of the transaction. Shauna was on
vacation at the time of the transaction and didn’t personally approve it. She returns from vacation, checks
the site, and discovers the transaction. Was a contract created?
A. No, because Shauna never confirmed the purchase.
B. Yes, because agency by necessity applies.
C. Yes, because the computer is an agent for Shauna.
D. No, because the computer isn’t an agent for Shauna.
4. Bob works for the government and belongs to a union. Bob’s union goes on strike. Which of the
following statements is true?
A. The strike is lawful because only government employees can strike.
B. If the strike is lawful, Bob must be a federal employee.
C. The strike is unlawful because only nongovernment employees can strike.
D. If the strike is lawful, Bob must not be a federal employee.
5. Norma has worked for Big Factory for 15 years, has never missed a day of work, and has always been
an excellent worker. One day, without warning, Norma’s supervisor fires her without any explanation.
Norma knows of no reason for the termination. Which of the following statements is true?
A. Norma can’t do anything as long as the reasons were nondiscriminatory.
B. Norma can’t do anything unless she lives in an employment-at-will jurisdiction.
C. Norma may file a bad faith action against Big Factory.
D. Norma may file a bad faith action against her supervisor.
6. Carter wants to impress his boss, Marco. Carter approaches one of Marco’s potential clients and
negotiates a contract with the client on Marco’s behalf. The client agrees and signs the contract. Marco,
however, doesn’t know about Carter’s negotiation. Carter lacks the authority to negotiate on Marco’s
behalf. When Marco finds out, he is so pleased about the contract that he overlooks Carter’s actions and
tells Carter he did an excellent job landing the client. This forms an agency by
A. estoppel.
B. agreement.
C. operation of law.
D. ratification.
7. Sandy works as a clerk in Big Department Store. After she finishes work one day, she heads out to her
car in the parking lot to drive home. There, she sees Petra, someone she detests. Sandy and Petra argue,
and Sandy punches Petra in the nose, causing an injury. Which of the following statements is true?
A. Only Big Department Store is liable for Petra’s injury.
B. Both Sandy and Big Department Store are liable for Petra’s injury.
C. Only Sandy is liable for Petra’s injury.
D. Neither Sandy nor Big Department Store are liable for Petra’s injury.
8. Sam gives Dennis a written power of attorney to sell his house. Though the power of attorney doesn’t
expressly authorize Dennis to do so, Dennis purchases an ad in the newspaper to advertise sale of the
house. The newspaper sends a bill to Sam. If Sam is liable for the bill, it’s most likely based on agency by
A. implication.
B. operation of law.
C. appointment.
D. estoppels.
9. Sally works for Big Tech, Inc. One day, the boss calls her into his office and says, “Women just don’t
get tech. You’re fired.” Sally sues. In the course of the litigation, the company discovers that Sally was
pilfering paper from the company storage, and under the employee handbook, this is grounds for
termination. Sally’s discharge is
A. wrongful because the employer intended to fire her based on gender.
B. not wrongful because the employer discovered evidence that justifies the firing.
C. not wrongful because gender is a bona fide job qualification for working in tech.
D. wrongful because evidence can’t be used in a gender discrimination case.
10. Bob’s company was found in violation of ERISA. The violation likely relates to
A. failure to pay overtime.
B. Bob’s pension plan.
C. workers’ compensation.
D. workplace safety.
11. The right to notice of a plant closing or massive layoffs due to sale of a business is derived from the
A. Worker Adjustment and Retraining Notification Act.
B. Employee Retirement Income Security Act.
C. Antitrust Procedures and Penalties Act.
D. Hart-Scott-Rodino Antitrust Act.
12. Ted is a janitor at Big Deal, Inc. One night, Ted is cleaning the boss’s office and sits in the boss’s chair.
At that moment, a salesman walks in, thinks Ted is a manager, and offers to sell Big Deal, Inc., 700
widgets for $100 each. Ted thinks this sounds like a good deal, assumes the boss will be pleased, and signs
the contract as an agent for Big Deal, Inc. The boss discovers this deal the next day and is angry because
widgets cost $27 each. If Big Deal is obligated under the agreement, it’s based on __________ authority.
A. express
B. actual
C. apparent
D. implied
13. Tony tries to start a union at Big Tech, Inc. His employer learns of his attempt to organize a union and
fires him. Big Tech’s actions
A. constitute an unfair labor practice.
B. are permitted if they first give Bob notice forbidding the union.
C. are permitted if the state has adopted right-to-work legislation.
D. are permitted.
14. Lee hires Zeke to sell her house. She tells Zeke to ask for $200,000, but says she will take $175,000.
Zeke’s friend Victor asks Zeke about the house, and Zeke tells him that Lee will take $175,000. Victor
offers $175,000, and Zeke accepts. Zeke violated his duty of
A. obedience.
B. due diligence.
C. account.
D. loyalty.
15. The union at Big Tech goes on strike. The president can petition the attorney general to seek an
injunction stopping the strike for 60 days if the
A. demands of the union are unreasonable.
B. union failed to give 60 days’ notice of its intent to strike.
C. strike would endanger the nation’s health or safety.
D. strike would result in large losses to the company.
16. Anna gives Doris a power of attorney. Doris does business with Big Bank as Anna’s agent. Anna then
revokes the power of attorney. Anna is not liable on any contracts Doris made
End of exam
A. after her agency was terminated.
B. after the date of termination but before notice was received by Big Bank.
C. that weren’t fully performed at the time notice was received by Big Bank.
D. after Big Bank received notice that she was no longer an agent.
17. Jane works for Big Business, Inc., as a sales representative. The boss decides to fire her because she
isn’t a Mets fan. The boss can
A. not fire Jane if she agrees to become a Mets fan.
B. fire Jane.
C. not fire Jane because of the Civil Rights Act of 1964.
D. not fire Jane if here work was satisfactory.
18. State right-to-work laws prohibit
A. closed shops, but not union shops.
B. agreements requiring union membership to get or keep a job.
C. employees from forming labor unions and bargaining units.
D. union shops, but not closed shops.
19. Cara’s boss sends her nude photos of himself. She complains that it’s sexual harassment. The boss says
that it’s not sexual harassment because he didn’t ask her for sexual favors. The boss’s actions
A. constitute sexual harassment because he created a hostile work environment.
B. constitute quid pro quo sexual harassment.
C. don’t constitute sexual harassment because he didn’t ask for sexual favors.
D. don’t constitute sexual harassment because he didn’t create a hostile work environment.
20. Sal hires Antoinette to sell his house and gives her power of attorney that authorizes her to do, but the
power of attorney says nothing about price. Sal tells Antoinette to take nothing less than $200,000. Harry
offers Antoinette $195,000 for the house, and Antoinette accepts. If Sal is bound by the sale contract, the
most likely reason is __________ authority.
A. apparent
B. express
C. actual
D. implied

 
Before this research paper, I have done a earlier paper discussing about a current problem we have regarding mass incarceration and prisoners’ mental illness. I will submit that paper later. Now in this paper, I have to talk about the solutions to the current problem. But instead of thinking of a solution on my own, I need to find solutions which have been published by any credible personnel or organization, analyze and evaluate the policies they proposed. Maybe you will find several proposals but choose only two possible policies and evaluate and compare which one is better (ADVOCATE). You have to choose a side: which policy are you leaning towards.

The criteria for determining “which policy is better” is constructed in five different aspects: 1. comprehensiveness; 2. feasibility/practicality; 3. cost beneficial; 4. compatibility; 5. urgency/priority.

General Outline:

I. Introduction: demonstrative rhetoric
a. establish/describe the current problem;
b. introduce the policies that you are going to evaluate;
c. clarify the criteria and introduce the thesis: “I will argue that policy A is better than policy B because X, Y, and Z…”
*HOW YOU DESCRIBE THE CURRENT PROBLEM MUST BE TIED WITH YOUR CRITERIA*

II. Body: deliberative rhetoric
a. introduce policy A: who is proposing; when was it proposed; what is the person or organization proposing; where is the policy targeting/who will the policy affect, and how;
b. introduce policy B: similar outline as policy A;
c. evaluate both policy A and B according to your criteria. *MAKE COUNTER-ARGUMENTS FOR BOTH POLICIES (WHO IS AGAINST THE POLICY AND WHY)*

III. Conclusion (call for action)
The policy solution should be super clear. It is either policy A or policy B. Also move your reader, suggest some practical actions of what they can do to adopt the policy or make changes to the problem.

 

COMPANY LAW(Directors’ duty of care and diligence)

THIS ASSIGNMENT SHOULD ONLY BE MADE BY A LAW PROFESSIONAL WHO HAS EXTENSIVE KNOWLEDGE OF AUSTRALIAN LAW.

Sources should be: Legislation, Cases, www.austlii.edu.au(only website you should use) & Harris, [J, Hargovan, A & Adams, M, 2013, Australian corporate law, 4th edn, LexisNexis Butterworths]. IN THE ABOVE MENTIONED ORDER.
Do not use any other website.

further instructions will be uploaded with the question.
Question 1 (30 marks) (2000 words maximum)
Bell Ltd is a company that installs kitchen facilities, and has four directors on its board:
– Abbey, the company’s managing director
– Bob, the company’s chief financial officer
– Cathy, the company’s non-executive director
– David, the company’s non-executive director chairman
The company’s business has been very successful. However, recently it has experience a number of problems.
Following the board decision to offer customers a special installation package, Cathy has negotiated an exclusive contract with Western Sydney (WS) Ltd. Cathy has not informed the board that WS is actually owned by her son. Bob suspects that Cathy is personally connected with WS, however, he has not raised his concern with any of the other directors. In addition, Bob made sure the other directors were kept in the dark about company’s real financial position and did not give them meaningful or accurate financial information for some time.
Despite Bell Ltd’s negative cash flow position, Abbey proposes to expand its operations into dishwasher installation. Cathy questions whether the company can afford the costs associated with the expansion. As a result, the board delegates to Bob the task to investigate Abbey’s proposal. Bob, however, spends very little time investigating the proposal due to his busy schedule, and hastily prepares a report recommending that the proposal be accepted.
The next board meeting is very long and the consideration of Abbey’s proposal and Bob’s report is the last item on the agenda. As the directors are anxious to leave, David allowed only 10 minutes for Abbey to present her business plan for the proposed expansion. Bob’s financial report produced after his investigation on the matter was tabled at the board meeting but he was not allowed to speak or answer questions. Nevertheless, the directors approved the proposal.
Following the approval of the proposal, Abbey entered into a contract with Southern Queensland (SQ) Ltd for the purchase of new equipment for the approved proposal. The contract is worth $20,000 and is never paid. Shortly after the contract was signed, the boarddiscovered that Bob’s report had obvious mistakes as he has overlooked many of the additional
costs involved in the expansion.
Assume that Abbey’s proposal has been proved to be a financial disaster for Bell Ltd, and as a
result, the whole board of directors were replaced.
Advise the new directors of Bell Ltd whether its former directors breached any of their duties
based on the facts stated above. Any defences available to the former directors under the
Corporations Act 2001 (Cth) to avoid liability?

 

This chapter should discuss the cultural and professional conditions conducive to judicial independence in post war Iraq, and I need some originality in this chapter. This chapter can be from (10000) to (12000) words. One page for the introduction and tow pages for the conclusion.

Note: I have already finished five chapters. The last two chapters covered political and religious pressure upon judges in Iraq. So DO NOT repeat these issues in the new chapter.

Previous chapters:
1-The Role of the Judiciary in a Modern Democratic Constitutional State
2-The Conceptual Foundations of Judicial Independence
3-Challenges to Judicial Independence in Iraq
4-The Judiciary in Post-War Iraq is Under Political Pressure
5-Judicial Independence within a formal religious framework in post-war Iraq

The new chapter:
Chapter VI: The unfinished job: creating cultural and professional conditions conducive to judicial independence
Key question: Is there a growing culture supporting judicial independence?
The initial conclusion: there is lack in the culture supporting judicial independence in post war Iraq.

(Again I need to show some originality in this study, especially in this section).
The researcher aims to present a clear picture of the lack in the condusive culture to the independence in post-war Iraq.

In this chapter, the writer will focus on the significance of supportive mechanisms in creating the right environment for judicial independence. The writer will demonstrate the need not only to enshrine judicial independence within legal documents but also to create a culture which is supportive and conducive to independence. Therefore, the writre will show the absence of methods with regard to the cultural and professional fields of the independence.

This chapter aims to address the informal circle in which judges are acting (NOTE: I have discussed the formal cercle in which judge are acting in previous chapters).

Therefore, the researcher aims to shed light on the endemic or natural culture that is conducive to judicial independence in post-war Iraq and the created culture through local and foreign interference that supports judicial independence.

As such, this chapter will discuss methods that can mitigate social pressures, such as social presentation; direct communication with citizens; the cultural perception of legitimacy and fairness in the judicial system; and the globalisation of education.

The second cercle, which is called the proffessional area, in which judges act defines methods that can be used to keep judges independent from their colleagues, such as a diverse sources of appointment, progression in career path and taking decisions in secret.

Moreover, the writer will handle the tension between accountability (as a fundamental requirement in legitimacy under democracy) and the independence of judges within the judiciary.
In addition, the write will present the most prominent factors (within the informal and professional cercles) which obstruct judicial independence over the last decade, and will discuss the judiciary’s stand on them. This will help in assessing the degree of independence that the judiciary has achieved in post-war Iraq, and may suggest some solutions to be discussed in the next and last chapter all together with those suggestions came out from previous chapters. Please let me know if you have any question about the topic.

 

• Purpose: The short essay is intended to give you an opportunity to use concepts from our class, relevant outside scholarly sources, and your own ideas in order to analyze the legal issue(s) in current events. The paper is also designed to improve your fundamental writing and research skills. Simply stated, I want to see that you can take what we’re studying in this course and apply it to urgent issues of significance to you.
• Content: Using specific concepts and relevant readings from our class, discuss and analyze one or more of the key legal aspects of an important local, regional, nation, or international issue of interest to you. Just a few random examples: potential rent control laws; marijuana legalization; regulation of American police powers; the refugee crisis in Europe; legal arguments for military intervention against ISIS; etc. Your paper must demonstrate that you can rigorously and creatively apply course materials to real-world issues of law.
• Outside Source: Your term paper must incorporate at least TWO (2) outside scholarly/authoritative sources. Suitable sources include academic books and journals, law review articles, and court decisions. Other sources will NOT count toward this requirement.
• Format:
(1.) The body of your essay must be 5 pages long, exclusive of title page, bibliography, and other material.
(2.) Your essay must be typed and double-spaced using a standard, 12-point font, with 1” margins on all four sides.
(3.) References and bibliographies may be done in any standard citation style of your choosing (Chicago, MLA, ASA, APA, etc.).
(4.) You must number your pages and staple or bind your paper. No paperclips or folded corners!
(5.) Be sure to meticulously proofread your essay before submitting it! This is the easiest way to get a better grade! Another editing hint: reading your paper aloud as you proofread it.