Day: March 7, 2018

Primary and Secondary Authorities 

Identifying primary and secondary sources is crucial for effective research. Primary sources dictate what the applicable law is in a case, and mandatory sources must be used in the jurisdiction where the issue is being addressed. Nonetheless, a primary source in another jurisdiction might persuade a judge to make a particular decision in cases where there are no primary sources, or in cases where a change in precedent could be warranted. Secondary sources merely explain primary sources.

For this week’s Assignment, please complete Assignment 5 (questions a–h), which is located at the end of Chapter 1 in the Putman textbook.

All the information you need to complete the Assignment is contained in your textbook; there is no need to do additional research or find the cases summarized. Please make sure that each question is answered in at least 1 paragraph (5–7 sentences).

 

The Basics of Legal Analysis

Chapter 2 introduces you to a basic format for legal analysis called the IRAC method (issue, rule, analysis, and conclusion). This method requires you to first identify the issue. Once the issue is noted, you need to state the applicable rule. Remember that a rule can be a constitution, statute, a case, a regulation, or an ordinance. Next, apply the rule to the issue identified in the first step. Finally, you will reach a conclusion based on the application of the rule to the issue. This will basically be the answer to the issue presented. This basic framework is a building block for analyzing any legal issue.

Using the IRAC process discussed in Chapter 2, please briefly discuss each step of the IRAC process using the hypothetical information provided below, which is also located on page 50, Assignment 3, of the textbook. Is there is sufficient evidence to support a charge of burglary? Make sure that your response to the question is based on a complete analysis of the IRAC process.

For your responses to other students’ posts, please discuss any section of the IRAC process that differs with your analysis and explain why you reached a different conclusion. Also, discuss which part of the IRAC process is the most important and why.

HYPOTHETICAL INFORMATION:

Client’s Facts: The client is charged with burglary. He broke a window, entered his neighbor’s garage, and took three cases of beer. The garage is a separate building located about six feet from the neighbor’s house.

Rule of Law: Section 2397 of the state penal code defines burglary as the breaking and entering of the dwelling house of another with the intent to commit a crime.

Case Law: In the case of State v. Nelson, the court ruled that “a dwelling includes outbuildings close to but not physically connected with a dwelling house, if such buildings are capable of being fenced in.”

 

DISCUSSION QUESTION – CUSTOMER SATISFACTION RATINGS

Customer satisfaction ratings within a major mortgage company declined significantly in the last quarter (5%).  Define a clear problem/opportunity statement, potential research question and discuss a particular research design that you would use in order to address this issue through business research.  How would you propose this potential research to the upper management in order to get their “buy in”?

US history

why is eliminating state boundaries and creating 13 new units with equal population each having an equal vote in the legislator the best way for states to be represented in the national legislator

Concentration Camps/Nuremberg Trials

Write a Thesis statement at the end of the first Paragraph. double space.,6 pages, Number the pages upper right side.. References 2 primary and 2 secondary. 1500 words. No Plaglarism

practical nutrition

Plan a 3 day diet for yourself with the following criteria: -Limit total calories between 2000 – 2500 per day -Follow the food pyramid guidelines for variety and balance -One day must be meatless -Each day should include breakfast, lunch, dinner and 2 snacks -Total carbohydrates = 60% of total calories -Total protein = 10% of total calories -Total fat = 30% of total calories -Indicate portion size (for example 1/2 cup or 3 oz.)

 

WRITING ASSIGNMENT – RESOLVING CONFLICT PRESENTATION

Create a 15- to 20-slide PowerPoint presentation with approximately 900 words of speaker notes that includes:

• An introduction to the topic of conflict management.
• An explanation of why it is strategically important for new supervisors in the HRM realm. 
• Differences associated with how diversity plays a potential role in conflict and negotiations.
• A model for understanding and defining the causes of conflict.         
• The importance in pursuing a reputation as a “good public employer.” 
• Key issues and practices in negotiations to resolve conflict

Monoclonal therapy

Assessment 003 – Written Essay
( Therapeutic Monoclonal Antibodies )
An increasing number of modern therapies are based on monoclonal antibodies. (( Write an account of one named therapy )) . Your essay should answer 
the four sections listed below (% marks for each section in brackets). The marks for each section take into account the quality of scholarship, quality of writing, coherence and presentation.
 

Unit 5 Discussion

The Internet is a universe in which a wealth of information is accessible to anyone, anywhere, at any time. Searches can find information on a vast range of topics from how to fry an egg, to how to make a tesla turbine. Unfortunately, not all information is reliable nor should it be cited as a reference, particularly in any document in which validity of sources must be ascertained.

Please read Content Volatility of Scientific Topics in Wikipedia: A Cautionary Tale by Adam M. Wilson and Gene E. Likens andWikipedia in Court: When and How Citing Wikipedia and Other Consensus Websites is Appropriate by Jason C. Miller and Hannah B. Murray.

What do each of these articles tell you about citing Wikipedia and other websites? Do you think that despite the criticism, Wikipedia and other websites are a valuable resource to the public, or do you think that some things are better left to the experts?

Wilson, A. M., & Likens, G. E. (2015). Content Volatility of Scientific Topics in Wikipedia: A Cautionary Tale. PLoS ONE, 10(8), 1–5. Doi: 10.1371/journal.pone.0134454

 

Legal Analysis

For this Assignment, you will practice stating an issue and identifying the rule of law and show how they relate to the facts of a case.

In each fact situation for this Assignment, a statement was made by a juvenile without the presence of a parent, guardian, or legal custodian and without advisement of the juvenile’s rights. The question is whether each statement is admissible. For each of the following fact situations, draft a comprehensive, or narrow, statement of the issue in the law + question + key facts format, as presented in the textbook. Each statement of the issue should be only one sentence, and should be in the form of a question. Bear in mind that the statement will begin with the applicable law, followed by the question, and will conclude with the key facts that relate to the the law and question. Please refer to the textbook for a detailed explanation of how to draft a statement of the issue in the law + question + key facts format. For the law component, use the Colorado statute presented below. When drafting the law component, include the citation and a relevant portion of the title.

Each section (statement of the issue in the law, question, and key facts) should be comprehensive and specific. You must address each component in complete sentences, not in bullets or lists. All authorities must be in Bluebook format.

Statute: The statute is Colo. Rev. Stat. Ann. § 19-2-511. The title of the statute is “Statements.” This Colorado statute governs the admissibility of statements concerning delinquent acts made by a juvenile as a result of custodial interrogation by law enforcement officers. The statute provides that such statements are not admissible unless a parent, guardian, or legal custodian of the juvenile was present at the interrogation and that the juvenile and the parent, guardian, or legal custodian was advised of the juvenile’s rights.

Statement made by the juvenile without the presence of a parent, guardian, or legal custodian and without advisement of the juvenile’s rights:

1. Prior to her interrogation, Beth told the police that she was 18 years old. Beth appears to be at least 18 years old.
2. The principal and the school’s security officer interrogated Larry about his part in a theft that took place at the school.
3. Tom was stopped for speeding. While he was stopped, the police officer giving Tom the ticket interrogated him concerning the speeding offense.
4. Alice and a group of students were arrested at a party for curfew violation. On the way to the police station, Alice confessed to the police officer that she was drunk without the officer having asked her any questions