Category: Law

 

his paper involves an analysis of two pieces of legislation from 2012, that dealt with cybersecurity, neither of which was enacted into law. To write this paper, review the summaries of the proposed legislation, prepared by the Library of Congress.

Given the specific topics considered in this course, answer the following questions:

1. How would enacting S. 2105 have improved upon cybersecurity? That is, what topics raised in class would it have addressed, regarding cybersecurity?
2. How would enacting S. 3414 have improved upon cybersecurity? What topics would it have addressed, regarding cybersecurity?
3. What did S. 2105 fail to address?
4. What did S. 3414 fail to address?
5. Based upon these proposed laws, what would you propose as a bill to address cybersecurity? Explain why you addressed the topics that you planned on addressing in your proposed legislation.

In this paper, you must using headings associated with the numbers used here.

This paper should run between 10-15 pages. It must be double-spaced, with one inch-margins, 12 font. You may use one quote, of less than 50 words in length and two quotes, of less than 25 words in length. Please be sure to use an in-text citation for all quotes. Include the sources of quotes, as well as your source material, in a reference page, which is separate from the page count needed for this assignment.

 

Objectives:
1. To impart a comprehensive understanding and knowledge of the background to and working of the legal system in England and Wales and create a framework of the legal skills and legal discourse relevant to the practice of a quantity surveyor, with specific reference to construction contract law and other forms of liability relevant to the construction industry.
2. To prepare students for the commercial environment by appraising the various approaches which may be utilised to implement and manage various contractual arrangements.
Task Outline:
The task is to prepare a professional report not exceeding 2,000 words in length, referenced appropriately, relating to the contractual remedies and practical solutions which may be available to the project team in the event of a substantial delay caused by an unexpected issue on site as described in the scenario below.
Scenario:
You are the client’s quantity surveyor. Your firm has been engaged by the University of Portsmouth for some time to develop proposals for a project to extend the Portland Building. This proposal involves the construction of a new full-height wing to the existing building (to match the opposite wing) on the site of an existing electricity substation which will have to be incorporated into the new building or relocated. You have now completed tendering procedures and the contractor has been appointed.
Possession was given to the contractor last Monday in accordance with the contract, which is JCT SBC 2011 with quantities, with provision for sectional completions. The first major task was to excavate the car park ready to install the piled foundations for the new wing, several substantial brick structures which appear to be ancient fortifications have been uncovered by the contractor during excavation work.
One of the tender drawings included a note suggesting that some archaeology may be encountered and tenderers should include this in their bid, however no further specific provision was required in the tender documentation or Bill of Quantities.
The lead designer has made it clear that should access to these existing structures be required by any third parties, an instruction for suitable steps and/or ladders and support to the excavations will have to be issued.
Write a brief for the client advising on the implications of this situation. You should consider the general principles of contract law and the specific provisions of the contract. Evaluate the potential solutions to the various issues which may arise from these circumstances. Refer to general legal principles and case law where relevant to support your points.
Coursework submission and deadline:
Coursework should be submitted electronically through the Moodle drop box in accordance with SCES rules by the deadline shown above.
Learning outcomes (numbers relate to the Unit Descriptor Learning Outcomes):
1. Appraise the mechanisms by which the law relevant to the Construction Professional is enacted and developed.
2. Critically discuss the obligations most commonly imposed by law; those arising from the contract or negligence of the parties.
4. Assess and evaluate contract principles and relevant case law relating to construction disputes and assess the management needs resulting from these particular issues, recommending the most appropriate procedures and remedies available to the parties to a dispute.
Reading / References:
This is a professional report style, so there is unlikely to be a substantial amount of academic referencing although you will need to refer to contract clauses.
Any academic references you use should be properly cited and referenced in accordance with the Harvard APA method.
Grading scheme:
Appraisal of relevant issues relating to the law of contract and any statutory law affecting the circumstances or potential issues which may arise from the scenario: 30%
Critical discussion of the obligations imposed by the contract in the circumstances: 30%
Assessment of the contract principles relating to the scenario and evaluate contractual and practical solutions to the issues: 30%
Presentation: professional report format with appropriate referencing 10%.

 

Write a 700 to 1,000 word paper in which you address the following:
*Explain whether ethnicity influences courtroom proceedings and judicial practices.
*Summarize the arguments for and against ethnicity-based jury nullification.
*Include contemporary examples of ethnicity-based jury nullification.
*Conclude by choosing a position for or against ethnicity-based jury nullification and defend your decision.

Content
• Project 3: Confidentiality Breach
The word limit for this assessment is 2000 words.
Review the scenario 1 below and address the points below in a report format:
o Identify the legal and ethical issues raised.
o Identify appropriate legislation for the particular scenario that you are reviewing.
o Identify risk management strategies that can be implemented in order to avoid breaches of confidentiality.
o Develop a policy to address the issues raised in the scenario selected.
Scenario 1
An employee obtained confidential patient information from the hospital medical records and used this information to visit a former female patient at her home. This was done without invitation. The employee was a male nurse at a public hospital. There was no work related reasons that the employee had for visiting the patient. The employee was subsequently dismissed from employment.
Please, read the Marking Rubric (pdf file) as it is very important.
2000 words
UK style

 
see attached files……
Grading Criteria
Relevant issues selected
Law correctly stated
Law applied appropriately
Conclusion reasonable.
The Australian Consumer law is set out in Schedule 2 of the Competition and Consumer Act 2010
Commentary Ford’s Principles of Corporations Law LexisNexis online

Australian Company Law Commentary CCH online
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Prescribed Reading is very important to refer !!!!!!

 

Learning Outcomes Assessed
1) Demonstrate an understanding of the principles underlying land law,
2) Critically analyse the principles of land law and relevant case law as applied in practice.
3) Demonstrate knowledge and understanding of proposals for reform (where applicable).
Assessment Criteria

1. The student is expected to understand the principles and procedures in this area of law and to research and identify the developments in recent cases and statutes in the law relating to registered titles to land.
2. The student should understand and explain the varying decisions of case law, if appropriate
3. The student should critically analyse the case law and determine whether the cases are appropriate to the question.
4. The student should identify any perceived weaknesses in the current systems of registered titles land.
5. The student should consider whether such perceived weaknesses have a valid role to play in the system of registered land ownership.
6. It is important that, despite the opinions of others you may find during your research, you explain this in your OWN words so that your understanding can be assessed.
You should include a bibliography. You should footnote your work.

 
Please find a way to have a refined short main topic and a proposal related to Humanitarian aid – international cooperation combined with international humanitarian law legal issues. The framework and the main topic of the proposal should be drafted and contained within the following explained Terms of Reference.

Terms of Reference: Civil liability in medical missions
Whether due to emergency situations or a lack of specialized personnel or means, doctors or health personnel working in cooperation are often exposed to extreme situations in which they assume great responsibilities and even apply treatments outside of their particular speciality.

Most extramural missions or mobile health units conducted by humanitarian organizations are aimed at health promotion and prevention, including providing consultations, giving talks and referring cases that require further attention to a health centre.

But what happens when a situation is so urgent and serious that the health personnel do things that were not planned and that could definitely become problems of legal responsibility?

The professional ethical-deontological code, the Hippocratic Oath, has to be taken into account. In other words, while one has to think about the patient, one’s own personal safety also has to be considered if there are any problems

what happens if the intervention results in a complication?
what happens if a dentist is the only person available to do stitches?
Who bears the liability? The doctor? The humanitarian organization promoting the medical mission?
Does the insurance respond in such situations? And what if there is no insurance?
Do the doctors’ civil liability insurance policies have world coverage? And do they cover interventions outside of a doctor’s specialty?
Where are the professional limits? What is the right way to act?
If a complication emerges, should the emphasis be on thinking about the patient or the possible liability?

Here is the reading material for this order: Also make sure you in-text citations throughout the paper. My professor likes a lot citations, even after sentences and not just paragraphs.
•Understanding Jurisprudence, An Introduction to Legal Theory By Raymond Wacks 3rd Editionread Chapter 2: “Natural Law and Morality”, pages 30–39 and Chapter 10: “Rights”, pages 279–294.
•Principles of Constitutional
For this week’s written Assignment, you will continue with the Lucky Spoon Hypothetical.
You have been contacted by the owner of the Lucky Spoon concerning the Lucky Spoon’s potential negligence in the death of Max’s father. Review State case law concerning the duty of business owners for non-customers. Prepare a legal memorandum advising your client of your findings and recommendations concerning Lucky Spoon’s potential liability.

legal memoranda are written to provide research findings, analysis and advice on a specific legal question. In this case, you have been given a case scenario and specific legal questions to address in your memo. You should begin by reading the case scenario and the guidance about how to write a legal memo.
Your memo must contain the following sections (as described further in the guidance provided):
• Heading
• Question Presented
• Brief Answer
• Facts
• Discussion
• Conclusion
• Legal Authority Cited (Bibliography)
Research
You may use any of the sources provided for you in the classroom and you will find at least one resource of your own. Your source may be a relevant news article, scholarly article, case, statute, etc. Format
Your memo should be approximately 4-6 pages, double-spaced, 12 point font. The most important section of the memo (and section worth the greatest amount of points) is the discussion section. This is where you will provide your own analysis by describing how your research applies to the relevant facts of your case.
Grammar, Organization and Source Citation
PLEASE proofread your memorandum before submission. Be sure that your memo is easy to read, organized and grammatically correct. Otherwise, you will lose points based on your writing. You must also properly cite to the sources you use. You may not use exact language from an outside source unless you use quotation marks and cite to the source for that language.
ASSIGNMENT INSTRUCTIONS AND CASE SCENARIO

Legal Memorandum
Your assignment is to write a three to five page legal memo analyzing the fact pattern below. You are to discuss the parties and relevant issues in a thorough analysis. These issues deal with tort and Constitutional law. This is not an exercise in memory. Lawyers refer to resources all of the time when they are researching their legal problem. Use the course resources, weekly cases and case summaries to your advantage!
I am not interested in your outcome (who will end up winning in court) as I am in how you use the law to support your conclusion. Base your answer only on the facts given. This Project focuses on the material assigned for Weeks 1-3 only.
Please analyze and address the questions (Two parts, I and II) regarding the following case scenario:

Case Scenario: HealthyMart, Inc., a large retail super market store that sells a variety of products, has had an eventful couple of weeks.
Part I:
There have been heavy rains in the area all week. On Wednesday, a ceiling tile that had become wet from a leaking roof in HealthyMart due to the heavy rain storms earlier in the week fell and hit some bags of peanuts causing the nuts to spill across the store aisle. Michelle, a customer, entered the aisle, slipped on the peanuts and broke her leg and arm. The manager of HealthyMart was unaware of the leaking roof and the wet ceiling tile and unaware that the peanuts had spilled onto the store floor.
Part II.
On Friday, a small group of political protestors carrying signs and quietly chanting were marching back and forth the full length of the public sidewalk in front of HealthyMart. HealthyMart encompasses the entire block by the public sidewalk with entry and exit doors located directly in the center of the store building, and with privately owned parking in the back of the store. Sometimes the protestors were at either of the two ends of the sidewalk in front of HealthyMart, and thus, not directly in front of the entry/exit door doors to HealthyMart. The protestors did not walk on or enter the private parking lot owned by HealthyMart; the protestors did not stop and congregate in front of the store or its entry/exit doors at any time. The management of HealthyMart believed that the protestors were impeding the ingress and egress of customers into HealthyMart end therefore interfering with business. HealthyMart called the police to have the protestors removed.
The police did not arrest the protestors but did require them to stop marching and move away from HealthyMart.
Assignment
Part I:
A. How likely is Michelle to win a negligence case against HealthyMart for her injuries resulting from slipping on the peanuts? Why?
B. Consider whether any, legal defense(s) could be raised by HealthyMart. Are any legal defenses likely to be successful in negating liability for HealthyMart? Why or why not? (Tip: Stick only to the facts in the case, do not assume any facts not given.)
Part II:
A. The protestors want to sue the City for violation of their constitutional rights. Specifically, what legal claim could the protestors sue for and why?
B. Could the protestors be convicted of trespassing against HealthyMart? Why or why not?

 

As you have discovered through this course, nurses are influential members of the community and the political system. Therefore, for the purposes of this assignment you will identify a problem or concern in your community, organization, etc. that has the capacity to be legislated. You will conduct research and state a proposal. Through the legislative process, your proposal for the problem or concern may influence an idea for change into a law.