ASAP is a new business and wants to make sure the cars driving by the store notice it. So, ASAP puts up a relatively small sign (6 feet wide by 6 feet high) on the sidewalk next to the street. The sign is on wheels and is moved into the store at night after the store closes. Within a few weeks of the sign being put out, the City of Statesboro contacts ASAP and tells the business the sign violates the City’s sign ordinance, which allows no street signs, and it has 5 days to remove the sign or a citation will be issued. ASAP challenges the City’s actions. What are the legal issues? Who wins and why? Barney and Andy are in a car accident, caused by Charlie, another driver. Andy was driving and was hurt. Barney, the passenger, was not hurt. Barney brings a lawsuit against Charlie. Who wins and why? Henry, a resident of Idaho, is driving his car in Idaho when he hits Mary, a pedestrian. She is injured and incurs over $100,000 in medical bills. Mary is from New York. In which courts can Mary bring her lawsuit and why?
I'm working on a business law question and need an explanation and answer to help me learn. Chen owns a restaurant. In hopes to increase revenue, Chen seeks to expand his restaurant to include a gambling section for adults over the age of 21. These types of expansions are regulated by the Land Zoning Administrative Agency (LZAA), a federal agency. Chen files his paperwork for the expansion permit, which includes a logo for the gambling section that shows a cartoon image of a man and woman smiling and showing their naked buttocks with the slogan "All Butts Welcome! Come and Butt with Us!". In the slogan Chen uses the word "butt" instead of "bet" because he thinks it's humerous and will attract more customers. The LZAA denies the expansion based on reasons that “the logo and slogan are obscene". Chen, after exhausting administrative relief, appeals the decision of the LZAA into the Federal Court. Will Chen be successful in his appeal? Why? Why not? #1 Will Chen be successful in his appeal? Why or Why not? Apply the law(s) to the facts. Explain why the laws you mentioned in #1 apply to the story above. (50 points) #2 What case applies to this situation and why? (20 points)
Discussion Question: Under what circumstances can an employer's non-compliance with OSHA safety regulations not result in a violation? Give examples. Extra Credit: (If you have trouble locating the answers in the text, this question may require some outside research of your own.)You are to prepare a one page handout (front and back...or formatted/folded in some way as a booklet, etc.) on an employment law topic covered in the course (but NOT your group project topic). NOTE: Do Not choose a topic so broad that you cannot cover it adequately in a one page handout. This handout would be something to be given to your employees in the company for which you are an HR manager to educate the employees on that area of the law as it pertains to them as employees. The extra credit needs to be professional, accurate, and informative to meet the overall goal of protecting the company/employer from liability. This assignment is basically a smaller version of the group project assignment done individually to show you understand how to break down the legal information to inform employees and protect your company.
Assignment: In chapter 40 you will find the case of Chavers v. Epsco, Inc. 98 S.W.3d 421 (Ark. 2003). Read it and do an IRAC write-up of the case. Resources: (Book Chapter 40) - https://www.oercommons.org/courses/business-law-an...( IRAC explanation video; :
Impromptu Speech Directions: Topic: What is Business Communication? You have one minute to prepare a 1 - 2-minute speech. The attempt at Professional Attire is recommended/encouraged. Your Impromptu Speech1 should last between 1 and 2 minutes on the topic provided. Please see the IMPROMPTU videos and articles provided. During this prep time (only one minute): you should think of things to support your topic you are about to speak about. Think of personal examples, what this topic means, what it means to you, what it might mean to others, how is it useful, etc. I know you know what Business Communication means, now is your time to talk about it. Tell me. This would be a assignment where I would have to record myself talking about "What is Business Communication?"
Mohammad and Arjan wish to start a corporation. They meet with an attorney together and complete and sign the necessary paperwork to incorporate within their jurisdiction. The attorney places the documents in the mail. Due to an error with the delivery, the government never receives the notice. Mohammad and Arjan start using the new corporate entity name, Finance, Inc. The business struggles and a creditor sues Finance, Inc. to recover some unpaid obligation. During the lawsuit, the creditor learns that Finance, Inc. was never properly filed with the government. The creditor wishes to sue Mohammad and Arjan personally. Will the creditor win that lawsuit against Mohammad and Arjan? Why or why not?
Defamation Learning Objectives Recognizing what is the law on defamation; Learning how a body of law in one subject/area could be used in another legal area; Understanding why it is important to separate the story from the facts. Guidelines Write at least 150 words. The majority of your post must be original words, thoughts and ideas. Identify the source of all information that you use. All posts must be typed in the discussion Canvas message box, not attached as a document. Do not use one paragraph, separate into short paragraphs. Points will be deducted if guidelines are not followed. NOTE: SEE GRADING RUBRICS FOR WEEKLY DISCUSSIONS Overview on the Law Laws can be classified in several different categories. One of the most common ways to classify laws is: Civil (disputes between members in society, including individuals, corporations and government agencies), Criminal (crimes against the state) and Regulatory. (government agencies regulating certain activities, such as the flow of goods and services in a society). A "cause of action" is the legal theory under which one party (the "plaintiff") is using to sue another (the "defendant"). A "tort" is a civil wrong that is not a breach of contract. Therefore, if a "civil lawsuit" is not about a breach of contract, then it involves some sort of tort. Torts can be divided into different categories: intentional torts (where the focus is on the "intent" of the defendant when s/he was committing the wrongful act), negligence (where the focus is on the "duty of care" owed by defendant to plaintiff), and strict liability (where the focus is on the activity of the defendant that gives rise to the legally imposed duty). Defamation Defamation is the communication of a false statement that harms the reputation of a person, business, product, group, government, or some other entity. Defamation is one of the many torts in the subcategory of intentional torts. If you recall, a tort is a civil wrong that is NOT a breach of contract. Under common law, to constitute defamation, a claim must be false and it must have been made to someone other that the person being defamed. When the defamation is spoken (i.e., oral) it is called slander; and when the defamation is in a written form, it is called libel. Defamation, as a tort, has come into the national interest recently involving the case of Stormy Daniels, Donald Trump, and Trump's personal lawyer, Michael Cohen. Non-Disclosure Agreements (NDA) A non-disclosure agreement ("NDA") is a legally binding contract that establishes a confidential relationship. Information is power and that is why people will often go to great lengths to keep certain information private. Certain types of information may give a company a competitive advantage (e.g., trade secrets) while others can ruin reputations, sink political careers or result in expensive divorces. NDAs are commonly used in the business world, particularly with respect to employees, partners, and intellectual property. The party or parties signing the NDA agrees that certain information, whether it is a company's trade secret(s) or a politician sordid extramarital affair(s), are to be kept private. There are generally financial consequences when the offending party breaches an NDA. Breach and enforcement of NDAs are generally via private arbitration to keep the confidential information private. NDAs are seldom enforced in the court because of the public nature of the court system where the documents can become public records. Assignment Background Ms. Daniels and Mr. Cohen entered into a confidential non-disclosure agreement (NDA), where Mr. Trump was the beneficiary. Mr. Trump did not sign the NDA. In exchange for $130,000, Ms. Daniels promised not to disclose a sexual affair with Mr. Trump that he publicly claims "he never had" with Ms. Daniels. Ms. Zervos's NDA situation is similar to Ms. Daniels. As you may recall in the news, Mr. Trump vehemently denied having sexual liaisons with other women during his marriage to Melina Trump. Mr. Trump claimed the affairs never happened, it was all "fake news" and all the women who were named were all liars. In a situation like this, Mr. Trump should have just kept quiet. To quote what Abraham Lincoln, the 16th president of the United States, once said: "It is better to keep quiet and be called a fool, that to open your mouth and be proven one." Instead, Mr. Trump when on the offensive and publicly accused the women of being liars. His comments opened him up to legal attacks. Ms. Daniels filed a lawsuit against Mr. Trump to be let out of her NDA so she can defend herself against his strident accusations. Other plaintiffs, including Ms. Zervos, also filed suit. Ms. Daniel's case is interesting in many ways, including its novel approach to using the intentional tort of defamation to attack the validity of the NDA contract. Using one body of law to attack enforcement in another body of law. Reading Assignment Read the following articles: Judge orders Donald Trump to pay Stormy Daniels $44,000 in legal fees. https://www.theguardian.com/us-news/2020/aug/22/donald-trump-stormy-daniels-legal-fees-non-disclosure-agreement https://trumpsnda.com/stormydaniels/ https://en.wikipedia.org/wiki/Stormy_Daniels%E2%80%93Donald_Trump_scandal Discussion Assignment What do you think about the defamation claims by these women to invalidate their NDAs with Mr. Trump. Explain. Can you think of other examples of how tort claims can be used as either a sword or shield as part of a litigation or negotiation strategy. Explain. Search and Seizure, and Your 4th Amendment Rights Civil Forfeiture of Private Property Learning Objectives Identify what is Search and Seizure under the law; Review your 4th Amendment rights; Understanding how implementation of the law can lead to differing results; Learning the role of the public in protecting individual freedoms. Guidelines Write at least 150 words. The majority of your post must be original words, thoughts and ideas. Identify the source of all information that you use. All posts must be typed in the discussion Canvas message box, not attached as a document. Do not use one paragraph, separate into short paragraphs. Points will be deducted if guidelines are not followed. NOTE: SEE GRADING RUBRICS FOR WEEKLY DISCUSSIONS Overview on the Law The Fourth Amendment "Search and Seizure" is a legal term used to describe a law enforcement agent's search or examination of a person's home, vehicle, vehicle or place of business to find evidence that a crime has been committed, and to seize any evidence of the crime found. The Fourth Amendment of the U.S. Constitution provides that "the right of the people are to secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The ultimate goal of this provision is to protect people's right to privacy and freedom from unreasonable intrusions by the government. The law does not prohibit all searches and seizures, only those by the government that is deemed to be unreasonableunder the law. What this means is that law enforcement agents need "probable cause" and a "warrant", in most cases, to search your person or belongings. If there is no probable cause and you are searched illegally, then any evidence collected from the search will be excluded from evidence at trial under the Exclusionary Rule and the fruit of the poisonous tree doctrine. The purpose is to protect the people from being abused by a powerful government or by powerful people in government who abuse their powers. There are strict rules that government agents (e.g., the police) must follow to search you and to seize evidence of a crime. The right to privacy is not specifically mentioned in the U.S. Constitution, but over the years the courts have interpreted the 4th Amendment to protect privacy in many situations. Application of the 4th Amendment is balancing the rights of the individual against the needs of the society. One of the challenges for poor people is that they often cannot afford to bank accounts or other financial services. Either the requirements for a bank account are too high (e.g., minimum balances), there is no bank branch in their neighborhood, or some other restrictions that make opening a bank account impractical for them. Assignment Please read the following: https://en.wikipedia.org/wiki/Search_and_seizure; https://thefreethoughtproject.com/top-ten-reasons-talk-police/ Discussion Assignment After reading the articles, discuss what do you think about government agencies using its powers under the law to search and seize properties of private citizens. Is this a good thing or a bad thing. Where should we draw the line? What about the rights of the poor who are unable to hire lawyers to get their property back. Explain.
Final Research Paper Your paper must address the relevant laws relating to your topic on the local, state, federal, or international levels. Please make sure that the paper is written in accordance with applicable legal research standards. APA format only. Do not plagiarize other individual’s work, accidentally or intentionally. It is always better to over cite than under cite. See https://library.fiu.edu/businesslaw/plagiarism (Links to an external site.) for review. The COVER PAGE must include title, law firm name and number. All the names of the members of your group must be listed in alphabetical order (by last name) or credit will not be given to missing individuals. Please make sure to PROOFREAD your paper for typographical and grammatical errors before turning it in. The paper should be 10 pages in length, exclusive of sources. Double spaced, 1 inch side margins and 1 inch top and bottom margins on 8-1/2 x 11 inch paper. All pages MUST be numbered excluding the cover sheet. The paper must include a minimum of 20 sources. The research paper is due on the date noted on the course schedule. Each group should submit one group paper in the assignment dropbox. The research paper is a group effort. It is your responsibility to contact your members, coordinate your efforts, and work as a team. Please review the Research Paper rubric before writing your paper. Writing Center Resources: Online appointments available: https://writingcenter.fiu.edu/make-an-appointment/... (Links to an external site.) Florida International University Center for Excellence in Writing Modesto A. Maidique Campus 11200 S.W. 8th Street Miami, FL 33199 Green Library 125 Phone: 305-348-6634 Biscayne Bay Campus 3000 NE 151st Street North Miami, FL 33181 Glenn Hubert Library First Floor Phone: 305-919-4036 I uploaded already the outline for research paper with the sources included, also a research paper instruction for you to guide.Thank you
IRAC the 2 cases, the cases to read are in the file below. double space, 2-3 page. Felgenhauer v. Soni 17 Cal.Rptr.3d 135 (Cal. App. 2004). Pg 7 choose any two of the “Notes and Questions” problems following the case to answer Richardson v. Franc 182 Cal.Rptr.3d 853 (Cal. App. 2015). Pg 11 Choose any two of the “Notes and Questions” problems following the case to answer