Pa205 Unit 4 Assignment 1-Ad

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Legal Brief

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Case Brief

...Horner v. 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......

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Brief

...LaShawn Davis February 20, 2014 Legal Writing Legal Brief Assignment No. 1 FACT: On February 1, Bernie puts an ad in his local newspaper, advertising his 2009 Ford Fusion for sale for a $13,500 asking price. After waiting for a few weeks with no offers, on March 1, Vivian calls him and offers to purchase the vehicle for $12,000. Bernie invites Vivian to meet him on March 5 to complete the negotiation and transaction.  On March 10, after Bernie and Vivian negotiation, Vivian made a counteroffer. She is willing to pay $12,500 for the car; but, she needs another three weeks to raise the money. Bernie agrees to wait, but only if Vivian would put down a deposit of $1,000. Vivian agrees and Bernie hastily drafts a one page agreement. Bernie would like to keep his options open in case he gets a better offer, so he puts the following language into the agreement: * Bernie agrees to sell his 2009 Ford Fusion to Vivian for $12,500 and Vivian agrees to purchase the same for such price. The transaction shall take place no later than March 31.  * In the event that the seller breaches this agreement, the seller must refund the purchaser's deposit, but the parties shall be limited to this remedy and only this remedy.  * In the event that the buyer breaches this agreement, the seller may keep the buyer's deposit, but the seller shall be limited to this remedy and only this remedy.  Vivian reads and signs the agreement and gives Bernie a check for $1,000. However, two weeks later,......

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Briefs

...Briefs: I. 1. Title: International Shoe Co. v. State of Washington (p. 46) Judgment at trial in the Supreme Court of Washington for Washington State; Defendants appeal. 2. Facts: International Shoe Co. a corporation that manufactured footwear only in St. Louis, Missouri, yet it did sell its products nationwide. Including Washington State, where it send its salespeople. Who even though were not authorized to collect payments from the customers still were involved in renting spaces in hotels and businesses, display of sample products and taking orders. So when Washington State sought contributions to the state’s unemployment fund and did not get them, it sued International Shoe who argued that it was not engaged in business in the state. 3. Issue: Did International Shoe have sufficient minimum contacts in Washington State to permit jurisdiction there? 4. Rule: Yes. Minimum contacts with the forum state can enable a court in that state to exert personal jurisdiction over a party consistent with the Due Process clause. 5. Analysis: The activities carried on by International Shoe Co. in Washington were systematic and continuous rather than irregular or casual. The defendant received the benefits and protection of the laws of the state and is subject to jurisdiction there. 6. Conclusion: Judgment affirmed; the state may maintain the present suit to collect the tax. II. 1. Title: Stinton v. Robin’s Wood, Inc. (p. 57) Judgment......

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Brief

...[pic] Braeside High School BTEC Extended Diploma in Business (Marketing) Unit 37 Understanding Business Ethics Assignment brief 1: Ethical issues Assessor Mr. Zachaues Omwenga Date issued: 06/05/2015 Date of Submission: 29/05/2015 This assignment brief assesses |P1 explain the ethical issues a business needs to consider in its operational activities | |P2 explain the implications for the business and stakeholders of a business operating ethically | |P3 describe the social implications of business ethics facing a selected business in its different areas of activity | |M1 assess how a selected business could improve the ethics of their operations | |D1 evaluate the impact of a selected business’s ethical behavior on stakeholders and the business. | Scenario Businesses are limited in what they do. Sometimes by laws and sometimes by the conventions and social codes we live by. Gathered together these are what we refer to as ethics and they can apply to every aspect of business behaviour. Whereas it could be argued that most laws have their origins in ethics, ethical behaviour, by individuals and business go beyond legal requirement and are discretionary, that is to say we can choose to follow them or not. You have been asked to......

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Brief

... [pic] Braeside High School BTEC Extended Diploma in Business ( Marketing) Unit 37 Understanding Business Ethics Assignment brief 1: Ethical issues Assessor Mr. Zachaues Omwenga Date issued: 06/05/2015 Date of Submission: 29/05/2015 This assignment brief assesses |P1 explain the ethical issues a business needs to consider in its operational activities | |P2 explain the implications for the business and stakeholders of a business operating ethically | |P3 describe the social implications of business ethics facing a selected business in its different areas of activity | |M1 assess how a selected business could improve the ethics of their operations | |D1 evaluate the impact of a selected business’s ethical behaviour on stakeholders and the business. | Scenario Businesses are limited in what they do. Sometimes by laws and sometimes by the conventions and social codes we live by. Gathered together these are what we refer to as ethics and they can apply to every aspect of business behaviour. Whereas it could be argued that most laws have their origins in ethics, ethical behaviour, by individuals and business go beyond legal requirement and are discretionary, that is to say we can choose to follow them or not. You have been asked to research and draw up...

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Trial Brief

...entitled of How to Write a Brief. Id. ¶ 13. The lyrics to the song How to Write a Brief, as recorded by the Defendant, identically followed the format used in the song How to Save a Life. Id. ¶ 13. Since the recording of How to Write a Brief, the Defendant has played the song in his legal writing class at University of Maine, School of Law at least six times. Id. ¶ 14. The defendant admits to playing the song at least six times, but denies that the University compensated him. Answer ¶ 2. On May 31, 2012, the Defendant played the song How to Write a Brief at the Legal Writing Institute Biennial Conference held in Palm Desert, California. Compl. ¶ 15. Those in attendance were primarily legal writing professors from law schools throughout the country. Id. They all paid a registration fee to attend the conference. Id. During the conference, the Defendant made copies of the song How to Write a Brief in the form of CDs, which were made available for purchase to the conference attendees for $12. Id. The Defendant admits that he played the song How to Write a Brief at the conference on May 31, 2012 and sold CDs containing the song How to Write a Brief for the attendees, but denies that he profited from the sales. Answer & Affirm. Def. ¶ 3. How to Write a Brief contains the same music and substantially similar lyrics from the song How to Save a Life. Id. ¶ 16. The Defendant reproduced, published, sold and distributed the song How to Write a Brief without first obtaining......

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Brief

...BRAESIDE HIGH SCHOOL BTEC EXTENDED DIPLOMA IN BUSINESS UNIT 19 – DEVELOPING TEAMS IN BUSINESS ASSIGNMENT 1:- WHAT MAKES AN EFFECTIVE TEAM DATE ISSUED 28/04/14 SUBMISSION DATE ASSESSORS: MR.E.Rotich and Mr.R. NJAGI This assignment brief assesses: P1 describe different types of team and the benefits of teams for an organizationP2 explain how to build cohesive teams that perform wellM1 compare the roles of the different members of a teamM2 compare the effectiveness of different teams.D1 evaluate the team’s overall effectiveness in meeting its objectives, making recommendations for improvements | Scenario You work for Pricewatercoopers (pwc). The organization recently set up a Consultancy department to promote staff training, improving motivation in the workplace, developing teamwork and you need to ensure that your own staffs are ready to go out and advise others. The HR Manager is keen that all reports produced follow correct format and the Harvard Referencing. Please ensure that you do so. P1: Describe different types of team and the benefits of teams for an organization.Task 1- Produce a ReportPart Aa)Describe the different types of teamb)Describe the benefits of teams and why team working is important.c)Identify what are the ‘key ingredients’ of an effective team.d) Identify two goals(aims) for the event and set out objectives to achieve this.Part BYou need to organize the A Level leadership training event. Work in teams of five to devise the event with......

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Lach Brief

...Lach v. Man O’ War Issue: Can a Limited Partnership be dissolved and converted into an LLC without the approval of all general managers? Rule: A limited partnership can convert to a LLC when all the owners adopt a plan of conversion to which all partners consent. A limited partnership dissolution is only allowed when all general partners and limited partners vote for dissolution, if the last general or limited partner dissociates and is not replaced within 90 days or if a court dissolves the limited partnership because it is not reasonably practicable to carry on the business of the limited partnership. The Original Partnership agreement that the general partners agreed to would in this case not be sufficient enough to allow the limited partnership to dissolve. Application: In this case the defendant did not comply with the requirements that would have allowed the conversion of the limited partnership to a LLC. Robert Miller and Lynwood Weisman, without the consent of Shirley Lach, converted the partnership to he Man O’ War Limited Liability Company. As to the Limited Partnership dissolution because Lach, a general partner, did not vote for dissolution of the partnership it breached the general partners’ fiduciary duty. As to defense, the general partners rights under the original partnership agreement to terminate the partnership at any time upon agreement of the general partners and to act upon behalf of the Partnership in matters that are necessary......

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Brief

...ARBITRATOR: I'm going to hold this in reserve pending my becoming more familiar with the terms of your contract. I don't know whether there's anything in the contract relating to past grievances or time factors, and I will hold that decision in reserve. If there is nothing in the contract that relates to it, then I have no alternative but to allow it in the record for whatever value it has or does not have. On the other hand, if there is something in the terms of the contract that has to do with past grievances or past periods of time, then that that has to have its light in the sun as well. So I'll reserve a conclusion pending my opportunity to read the contract. MS. CHAMPINE: And then give us an opportunity to address it in the brief? MR. PETERSON: Absolutely. MS. CHAMPINE: Okay. MR. PETERSON: So if I understand correctly, we will put them in the record and you will give them the weight you believe they're due based on contract language and other factors? ARBITRATOR: Correct. (Employers Exhibit 13 received in evidence.) MS. CHAMPINE: Fine. My understanding as Page 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 these matters went on from week to week, and updates were given to the sheriff and undersheriff. I advised them that the report was concluded and that the allegations were, in Lt. Parolini's opinion, sustained. We then discussed what the options were concerning disposition of this......

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Marketing Brief

...Running head: K. Yeboah-Adzimah Brief Cereal Development Brief Kelly Yeboah-Adzimah Franklin University MKTG300 Ted Jones December 15, 2015 To: Natures Path Corporation From: Kelly Juwara Yeboah-Adzimah Date: December 15, 2015 Subject: Organic Cereal Business Brief Executive Summary The purpose of this brief is to introduce the Nature’s Path company to the idea of adding family size boxes to their product line. Product name and Brand Personality Natures Path Organics is a well-known organic cereal. We would like to add family size boxes to the current product line. The Pumpkin Flax Granola flavor is the company’s top seller. We will promote this cereal in a family size box for $5.99. Key response action desired from target market: Our slogan will be focus on family health. We want our customers to view the product as a healthy option that is economically reasonable and a cereal the whole family can enjoy. Competitive position The U.S. organic industry has recorded significant growth in the last few years, outpacing many comparable conventionally produced food and nonfood items. According to an industry survey by consumer choice,” the sector has passed the $30 billion mark (Smith, 2012)”.We will be one of the first organic cereals offered in family size boxes. This puts us ahead of the game and will allow us to get an even bigger piece of the economic pie. Target Market * Life style=Young environmentally and health conscious single moms......

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Brief

...ASSIGNMENT 2 BRIEF |Qualification |BTEC Level 5 HND Diploma in Business | |Unit number and title |: Working with and Leading People | |Assignment issued | |Assignment submission | | |Assessor name | | |Assignment title |Leadership Observation and Reflection | | |Scenario: | | |Leaders are made, they are not born. We can learn much from observing their behaviors as well as reflecting from | | |our own experiences. In this assignment, you can choose from following options: | | |Option 1: Reflecting on your own leadership experience. It can be your team work at school or any other activities | | |in which you have led others to fulfill a particular task(s) or......

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Briefs

...Three Briefs Helen Mayes Kaplan University PA205: Introduction to Legal Analysis and Writing June 26, 2012 Citation- Mitchell v. Lovington Good Samaritan Center, Inc. 555 P.2d 696 (N.M. 1976) Facts- 1. Plaintiff (Mrs. Mitchell) was terminated from her job at Lovington good Samaritan Center, Inc., due to alleged misconduct. Plaintiff then filed for unemployment compensation benefits. Due to the finding from the deputy of the Unemployment Security Commission Mrs. Mitchell was denied benefits for seven weeks. Plaintiff appealed the decision and was granted her money. The Unemployment center appealed that ruling and the first ruling went back into effect. Mrs. Mitchell appealed that ruling applied for and was granted certiorari from the decision. The Plaintiff’s money was reinstated to her by the District Court. 2. Mrs. Mitchell was terminated from her job on June 4, 1974. On April 2 and April 3, 1974, Plaintiff went to work out of uniform. The first day she was told to go home and change she refused to do so, however, on the second day she did as she was told. Then on May 15, 1974, the plaintiff was singing while working, it was reported as unethical and time- consuming. Another incident happened on May 24, 1974. Mrs. Mitchell was told to change from medications to the floor routine. She was told why she was being switched but she was not co-operative. From that day unit June 4, 1974 Mrs. Mitchell refused to do her job. On June 4, 1974 Mrs. Mitchell went......

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Brief

...Brief To: Client From: ABC Accounting Date: [ 5/20/2012 ] Re: Preface Over the past six weeks we have worked with Kudler Fine Foods in order to help them with their accounting and software needs. We have helped them overcome many challenges in how the business was run. In week 1 we helped Kudler integrate technology into their business operations. We gave them suggestions on how to use computer systems to help make their daily business activities run smoother and faster. In week 2 we helped Kudler improve the four areas of accounting information which included payroll, accounts payable, accounts receivable, and inventory processes. We helped them choose an automated system for these areas. In week 3 we helped Kulder go over their data tables for inventory. We should them how using a pivot table would help with the inventory process. Week 4 we went over the information controls in the company. We analyzed any risks that the company might making and not be aware of it. We went over internal controls and incorporating them into the flowcharts. In week 5 we helped with audit schedules for the systems we had looked over in week 2. We went over the types of audits used and which types would work for what purpose in the company. In week 6 we went over ways the audit documentation and process could be improved by using computer technology. We should a PowerPoint with it to help them visualize it. In these past 6 weeks we have helped Kudler make the......

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Mitchell V Lovington Good Samaritan

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A Day in Life

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...com/news/ledger/jersey/index.ssf?/base (accessed July 25, 2009). Sagan, Sascha, “Motorola Hangs Smartphone Future on Android,” PCMag.com (April 20, 2009). The Standish Group, CHAOS Summary 2009, pp. 1–4. Stewart, T. A., “The Corporate Jungle Spawns a New Species: The Project Manager,” Fortune (September 1996), pp. 14–15. Case A Day in the Life Rachel, the project manager of a large information systems project, arrives at her office early to get caught up with work before her co-workers and project team arrive. However, as she enters the office she meets Neil, one of her fellow project managers, who also wants to get an early start on the day. Neil has just completed a project overseas. They spend 10 minutes socializing and catching up on personal news. It takes Rachel 10 minutes to get to her office and settle in. She then checks her voice mail and turns on her computer. She was at her client’s site the day 20 Chapter 1 Modern Project Management before until 7:30 P.M. and has not checked her e-mail or voice mail since 3:30 P.M. the previous day. There are 7 phone messages, 16 e-mails, and 4 notes left on her desk. She spends 15 minutes reviewing her schedule and “to do” lists for the day before responding to messages that require immediate attention. Rachel spends the next 25 minutes going over project reports and preparing for the weekly status meeting. Her boss, who just arrived at the office, interrupts her. They spend 20 minutes discussing the project. He......

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Good Day

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Day in the Life Healthcare 'Good Samaritan Case'

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Case 1 - Day in the Life of Alex Sander

...No involvement with team. * Lack in leadership skill. * Quick reaction. | Upward Comments | * Committed to the given task. * Multitasking capability. * Self-confident. * Take initiative | * Burn out possibility. * Does not praise others. * Do not trust on other’s potential. | Colleagues Comments | * Give credit when it requires. * Appreciate to do the good work. * Willingness to be a mentor. * Creative. * Attractive personality | * Arrogant. * Do not care about other’s feelings. * Lack of interpersonal communication skills. | She expects from other team members the same pace that she maintain, claiming that it is all good for the company. She has even refused leave and planned holidays to project team members, she expects to be in office for very long time. While longer hours should make for more that is accomplished, in fact it is not. Colleagues become demoralized and suffer from increased stress and a basically lack of work satisfaction. This factor will primarily influence to quality of project and complete work time. One major occurrence in the case is the reaction of Alex’s assistant, when he enter to Alex’s office and heard Alex’s loudly expression to company vet Betsy Garrison her unhappiness with Betsy’s work. He do not only sympathized to Betsy but also rolled his eyes at Sanders legendary temper. In fact she isn’t obtaining anything from Betsy, as she decided to do the work by himself. This is not effective......

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Mitchell V. Lovington Good Samaritan

...Plaintiff (Mrs. Mitchell) was terminated from her job at Lovington good Samaritan Center, Inc., due to alleged misconduct. Plaintiff then filed for unemployment compensation benefits. Due to the finding from the deputy of the Unemployment Security Commission Mrs. Mitchell was denied benefits for seven weeks. Plaintiff appealed the decision and was granted her money. The Unemployment center appealed that ruling and the first ruling went back into effect. Mrs. Mitchell appealed that ruling applied for and was granted certiorari from the decision. The Plaintiff’s money was reinstated to her by the District Court. Mrs. Mitchell was terminated from her job on June 4, 1974. On April 2 and April 3, 1974, Plaintiff went to work out of uniform. The first day she was told to go home and change she refused to do so, however, on the second day she did as she was told. Then on May 15, 1974, the plaintiff was singing while working, it was reported as unethical and time- consuming. Another incident happened on May 24, 1974. Mrs. Mitchell was told to change from medications to the floor routine. She was told why she was being switched but she was not co-operative. From that day unit June 4, 1974 Mrs. Mitchell refused to do her job. On June 4, 1974 Mrs. Mitchell went to work on time, and started filling out her time card. She filled it out for the whole hour shift. When a supervisor asked her about it she told him she was planning on working all 8 hours. He said something else and she......

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Good Day

...assessment of the same qualities in both Sources. Another common weakness is a failure to realise that comparisons are only relevant if they relate to the issue raised in the question. * Sequencing is a major problem. There is a reluctance to select issues and themes from the two Sources and build the comparison around these. Many candidates, often able, prefer paraphrase. Two separate accounts are provided with perhaps a final paragraph making a few belated comparisons. * Not focusing on content is a weakness for many, especially the more able who have been well trained in the consideration of provenance as a means of comparing, and thus focus too exclusively on this single aspect. Comparison of content is the foundation for a good answer and should be carried out with precision. Candidates are inclined to provide a general comparison of the two Sources rather than a comparison focussing on the issue specified in the question. The point of comparing provenance, dating, utility etc. is to evaluate the Sources as evidence about that issue. * Paraphrasing is often the bedfellow of sequencing. Candidates relax, seemingly secure that they are discussing their stated Source. Sometimes these can be in the form of a concise or even explanatory gloss, but any comparison can only be implicit at best. One is lucky if, in doing this, they absorb content and feel emboldened to include a final conclusion in the form of a comparison. * A major weakness is to take the......

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Good Life Club Case

...Case Goodlife club First of all, each center do not have control of any purchasing that they make, because they use an ad hoc basis; it means that when they required something they just look for it at the nearby store, instead of maintaining an inventory inside the fitness center. Therefore, the costs of purchasing are really expensive. The new system that Sally implemented is based on a centralized purchasing, which will allow safe considerable money for the club. Although it is a good idea, there is still a problem with three of the centers located in Dallas, which are resisting to the new system. We believe that possible reasons of this reaction are that managers don’t want to spend time on doing an extra task asking for their centers requirements and not receiving them on time. Perhaps they are used to do things by their own instead of following determined process. Sally is now facing many issues, not only the problem with the managers in Dallas, also the time she considered to satisfy each requisition may not be enough as she thought, because now is her responsibility to take care of the nineteen center instead of just one of them. As she is very busy trying to figure out how to ship all the orders in just one week, when she already send them, a new list of requisition is coming, so she doesn’t have time to check if her plan is working in the right way. To solve this big problem we have though in some alternatives, first she needs to talk with the three......

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The Good Samaritan

...The Good Samaritan Sometimes in life you will meet someone who is in need of your help. In some cases you might not even know the person; you just happen to be the one in a million who is at the right place at the right time. Most likely you will try to figure out at once how you might possibly be able to help the person in need. Concerning the level of the needed help you will find the answer more or less simple, but nonetheless it is quite a decision to let someone into your life in order to help them. Your decision may be influenced by your principles, moral and conscience, and in some cases you know that whatever you decide to do the decision will probably affect somebody’s life for ages if not the rest of their life. Steward Dunlop’s short-story “The Good Samaritan” takes up the theme of being helpful to a person in need as the narrator finds herself in this particular kind of situation when she meets Laylor in a lavatory of the National Portrait Gallery. She is a Londoner. This being the first thing she tells about herself means that obviously it is a rather central part of her character. By stamping herself as a characteristic Londoner she implies that she is quite withdrawn from her surroundings: “I am not in the habit of making friends of strangers. I’m a Londoner. Not even little grey-haired old ladies passing comment on the weather can shame a response from me. I’m a Londoner – aloof sweats from my pores.” (p.1 l.l.1-3) She even repeats that she is a Londoner to......

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