The Court of Appeals

 The Court of Appeals of Louisiana Johnson Construction Company

HOW TO BRIEF A COURT CASE—This is one of the methods to examine and analyze a court case—commonly called a “case brief”.

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What information does the citation of the case tell you?

What are the Facts of the case—i.e. what is this case about?  (no more than two sentences)

Who is the Plaintiff?  Who is the Defendant?

What happened at the trial?

What is the issue that this court has to decide—i.e. the legal theory or concept?

Who won?

Why?  (What is the Rule of law that will be used as the precedent to be followed in future cases?) –one sentence

Chinese Based Multinational Company Motorola Mobility

Imagine that you have been put in charge of a large team that is negotiating a company merger with two other hypothetical, multinational companies that have offices located around the globe. Your task is to design a negotiation strategy to deal with the negotiation issues involved with merging these multinational companies.

For this assignment, write a 7–8 page paper in which you pick two countries that will represent the corporate cultures of the multinational companies. One of the countries must not be from Europe.

  1. Using your work from your Week 8 Explore Activity, include the following:
    • Introduce and describe your chosen companies.
      • Identify their country of origin.
      • Detail each country’s cultural aspects that will impact the negotiation.

Based on the foundation you built with your Week 8 Explore Activity, complete the following:

  1. Identify your negotiation strategy, providing specific details.
  2. Examine the importance of diversity in a multiparty negotiation, and explain the role that diversity will play throughout the negotiation process.
  3. Explain the ethical dynamics involved in a multiparty and multicultural negotiation process.
  4. Identify the potential conflicts that can occur when negotiating within a diverse cultural environment.
    • Propose suggestions to mitigate said conflicts.
  5. Analyze the benefits that cultural conflicts can bring within a multiparty negotiation.
  6. Propose a plan for closing and implementing the merger that is fair to both parties involved in the negotiation.
    • Explain your approach, identify the tactics that you will use to successfully implement your plan, and explain why the plan is fair to both parties as well.
  7. Use four sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your source page at least one time within your assignment. For help with research, writing, and citation, access the library or review library guides.
  8. This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions.

The specific course learning outcome associated with this assignment is:

Copy Corporation Fraud Business Law Case

 Copy Corporation Fraud Business Law Case

Copy Corporation sells copier toner over the telephone in bulk. A-Copy’s sales representatives solicit mail orders from targets through random sales calls that include frequent overt misrepresentations. Dan advised that he uses this device to get by those gatekeepers who answer the phone at these target companies and cold calling is really hard. Dan feels that his products are the best in the industry and he always discusses price terms in a straightforward manner before he mails out the orders.

During one of these sales calls to the target’s purchasing manager, Dan, an A-Copy sales representative, had stated he was good friends with the target company’s office manager, Kathy, who had asked him to call. It turned out that Dan was not told to call and that he did not even know Kathy, the office manager. During the conversation, Dan also said that, due to an error at their vendor’s plant in Hong Kong, A-Copy had received excess supplies of premium copier toner that it needed to sell at a deep discount in a hurry. This statement was also not the case. Do these sales practices constitute fraud under the mail fraud statute? What happened in Hawkey?

Strategic Management and Leadership Activity

To gain a merit grade you should also add a further section which:

 

To gain a distinction grade you must produce an additional section which:

  • evaluates the leadership and management knowledge and skills required for the successful achievement of organisational operations versus the creation and achievement of organisational strategy.

LO1 AC 1.1, 1.2, 3.1,

1M1, 1D1

Task 2

The second part of the file enables you to manage the development of your own personal knowledge and skills in leadership and strategic management. This will support achievement of personal and organisational vision and strategy. This audit must be done in the context of an organisation where you are employed, where you work in a voluntary capacity, where you wish to gain employment or where you are studying. You must:

  • carry out an audit of your own personal leadership and management knowledge and skills. The knowledge and skills identified must facilitate the creation and achievement of organisational vision.
  • set objectives to meet your personal development needs in the context of strategic organisational needs
  • prepare a personal development plan to develop own leadership and management skills to support the creation of organisational vision and strategy

Extension activities:

To gain a merit grade:

To gain a distinction grade you must:

  • carry out appropriate personal development activities to develop knowledge and skills identified in the audit,

Foundation Of US Law

Answer these questions

17. Where does the Commerce Clause come from? Why is it said to have had a greater impact upon business than any other provision in the U.S. Constitution? Give three examples of decisions that have flowed from the Commerce Clause.

18. There is no right to absolute free speech in the U.S. Explain why this is true and give three examples to support this statement.

19. Due process of law is the very foundation of U.S. law. What is it and specifically how do substantive and procedural due process differ?

20. What is the Equal Protection Clause of the U.S. Constitution? How do courts evaluate whether the Equal Protection Clause has been violated?

21. How does the tort of “assault” differ from that of “battery”?

22. What are the elements of the tort of misrepresentation? Please give me an example of this tort.

23. What are the elements of the unintentional tort of negligence and provide an example of when it might be applied?

24. Discuss the defenses to a product liability lawsuit.

25. What is “strict liability” and when is it applied? Give three examples of situations when this doctrine may be applied.

26. Discuss the priority of law in the U.S.

27. List and discuss the defects in manufacture and design that would give rise to a product liability lawsuit.

28. What is “standing to sue?”

29. What is the appropriation of the right to publicity?

30. List and discuss the four elements of Negligence.

the elements necessary to prove negligence

Elements of Negligence and Malpractice

Identify the elements necessary to prove negligence

Compare and contrast negligence and professional malpractice

Assignment Overview

This writing assignment requires students to identify and describe the elements of negligence and the special doctrine of malpractice by way of comparison.

Deliverables

2-page paper (approx. 500 words).

Activity Details

Perform the following tasks:

Step 1: Research the elements of negligence and malpractice.

Using the Internet, research both negligence and professional malpractice.

Step 2: Write responses to the following:

Use a word processor (like MS Word) to write a 1-page paper responding to the following:

Identify the elements necessary to prove negligence and professional malpractice.

Based on your research, compare and contrast negligence and professional malpractice.

Provide at least one specific example illustrating each doctrine for use in your comparison.

Is all professional malpractice negligence?

Is all negligence by a professional considered malpractice?

Gender Issues Reflection

Women in Business Sex & Gender Issues Reflection

As an introductory assignment to the course, prepare a reflection paper that shares your perspectives on sex and gender issues. Identify and discuss how early life experiences may have shaped those perspectives (i.e., family structure, parents’ and teachers’ perceptions of gender roles).

The paper should also include a discussion of later life experiences—both personal and work-related—that have helped influence your gender identity and gender role expectations (for example, the decision to marry or not, raising children, and experience on the job with gender role expectations).

the Supreme Court of the United States’ opinion in United States Patent and Trademark Office et al. v. Booking.com B.V., 591 U.S. ___ (2020).

This is a link (Links to an external site.) to the Supreme Court of the United States’ opinion in United States Patent and Trademark Office et al. v. Booking.com B.V., 591 U.S. ___ (2020). Using this decision, you will learn how to “brief” a case. Appendix A (pages 400-403) in your textbook will provide guidance for this project.  While the examples show some sections numerically listed, your sections should be written in paragraph form. Your brief will need to contain the following sections: facts, legal/procedural history, issue(s), analysis/reasoning, analysis/reasoning for any dissenting. And/or concurring opinions, rule of law/holding, and a one paragraph student response.

Be sure to use these sections as headings in your paper. Students may do extra research to ascertain exactly what led to the case, legal terminology, legal theories, explanations from the court, etc. as a fully picture of the case may not actually be contained within the opinion. Your paper should be at least 4 pages (but no more than 6 pages) in length. Your paper should be double spaced in size 12 Times New Roman font with one-inch margins, and any extra space between paragraphs should be removed.

legal citation system

  • Note: As stated in the syllabus, all citations must be in APA format. When citing to a case, APA adopts the formal legal citation system contained within The bluebook: A uniform system of citation. (2010). Cambridge, MA: The Harvard Law Review Association. This book, while useful in the legal community, is not worth your time and money to simply cite a handful of cases over the next eight weeks. Instead, I will give you the correct citation to use. For the first citation in a brief, you should use the long form citation. Afterwards, students should use the short form citations for all other citations contained in the brief.
    • The long-form citation for this case is United States Patent and Trademark Office et al. v. Booking.com B.V., 591 U.S. ___ (2020).
    • The short form citation is (Booking.com, 591 U.S. at [insert page number]).
  • There are a number of resources in the class files on Canvas to help you with this assignment including a case-brief template, a sample case brief, and a document titled, “How to Write Papers for Professor Hall.” Please utilize these resources.

Class:

Congress’s failure

I am about to email each of you your graded case briefs. I graded them using track changes so that you can see where you made mistakes either grammatically, in your citations, or otherwise. There are brief comments with your grade at the bottom of each case brief. There were some mistakes that were common to many of your case briefs, so I want to address some of those issues in this email:

  1. Citations: most of you got the “long-form” citation at the beginning of the brief correct. However, for the short form citation, many of you put them in parentheses. There was likely some confusion from the canvas post as to how that should appear. Here is an example of how your citations should look on your next case briefs:

The Court held that Congress’s failure to appropriate sufficient money to pay unprofitable plans through the Risk Corridors program did not alleviate the Government’s responsibility to “honor its obligations” to those insurers under Section 1342. Maine, 590 U.S. at 30.

For a dissenting (or concurring) opinion, the short form citation would appear as below:

In his dissent, Justice Alito argued that the majority’s opinion amounted to “a massive bailout for insurance companies that took a calculated risk and lost.” Maine, 590 U.S. at 2 (Alito, J., dissenting).

Note that you need to include the dissenting Justice’s name, followed by the “, J., dissenting.” If another Justice joins a dissenting opinion, you do not need to include that Justice’s name, only the name of the Justice authoring the dissent/concurrence.

  1. You do not need to include a “References” section at the end of your briefs. As you are only citing to (and only relying on) the assigned Supreme Court opinion, the long-form citation at the beginning of your brief is sufficient.
  2. Make sure you are using Grammarly. It appears many of you did not, and in some cases, it made your brief difficult for me to read and comprehend. The easier it is for me to read and understand your brief, the better your grade will be.
  3. Do not copy the Court’s language directly unless you are intending to quote the opinion. As in the two examples above, if you do intend to quote the Court, it is best to do so by integrating the quotation into your own sentence. The best practice with your briefs is to restate in your own words what the Court is saying, rather than repeating the opinion verbatim.
  4. Citations should appear at the end of virtually every sentence in your brief except the “Response” section. Again, do not cite to the syllabus of the case, only to the majority opinion and to any concurring and/or dissenting opinions.

Stereotyping Problem

Stereotyping Problem

Click here to read the influence of patients’ socioeconomic status on clinical management decisions: A qualitative study.

Having a safe and appropriate organizational culture involves developing employees understanding of how the patient population characteristics can influence clinical decision-making.

As a hospital administrator, you hear some complaints and want to investigate whether the problem of stereotyping exists at your facility.

Using the South University Online Library or the Internet, research various types of stereotyping such as racial, ethnic, religious, and gender. Based on your research and understanding, respond to the following:

How will you conduct the investigation? What will you do if the problem does exist at your facility?

Recently staff has been complaining about abusive physician behavior. A process introduced to deal with abusive physician behavior alienates some doctors. As a direct result of the staff complaints, one of every three doctors threatens to leave the hospital.

Recommend a system for addressing the grievances along with a long-term solution focused on the interpersonal conflict.

  • Use the case study form to complete this discussion

Introduction

Definition of the problem.

Identification of the stakeholders.

Identification and evaluation of alternative solutions.

  • Solution chosen and its justification

Transportation Economics

part 1

This is a research-based discussion in which I would like you to do some extra research once you have read the attached article to answer the question in this discussion. You are expected to comment on this discussion post by Sunday.

After you have read the article entitled “Pricing as a tool in coordination of local transportation” I want you to come up with some new factors/variables that you think affect the American public’s use of mass transit. 350 words

Part 2

There are several factors that affect transportation costs. I would like you all to explore costs that are associated with demand elasticity on a single user’s transportation cost. This user would be traveling via plane from their point of origin to their destination. Also, how could one build a model to represent total traveling costs to this user? 350 words