Month: June 2021

Business Law Scenarios

“Doing_Discussion_Questions_Right,” the expanded grading rubric for the forum and any specific instructions for this week’s topic.

By the due date assigned, submit your answers for two scenarios to this Discussion Area. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students as outlined in the expanded rubric by the end of the week .

Select two of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. You should locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer.

Scenario 1 – Holders and Holders in Due Course

Greg sold Mitch a fishing boat for $8,500, maintaining to Mitch that the boat was in excellent condition. Mitch gave Greg a check for $8,500, which Greg endorsed and gave to Denise in exchange for a debt he owed her. When Mitch took his friends out on the boat, he discovered that the boat leaked, needed to be painted, and required a new motor. Mitch stopped payment on the check, which had not yet been cashed.

  • Describe the status of Greg and Denise as holders or holders in due course.
  • Can Denise recover from Mitch as a holder in due course? Discuss

Scenario 2 – Electronic Funds Abuse

Cole Howard held an account with Regions Bank in Atlanta. Julie Wedman, a woman with whom Howard was briefly involved in a romantic relationship, stole his debit card and used it for fourteen months (well beyond the length of their relationship) to make unauthorized purchases in excess of $10,000. When Howard learned what was happening, he closed his account. The bank refused to reimburse him more than $476.56, the amount of unauthorized transactions that occurred within sixty days of the transmittal of the bank statement that revealed the first unauthorized transaction.

  • If Howard files a lawsuit against the bank to recover the funds, which party will win? Explain the arguments for each party.
  • What penalties could Wedman face related to the use of the debit card?

Scenario 3 – Financial Scams

Nick was the victim of a Nigerian email scam. He agreed to receive money owed to Nigel, a gentleman in allegedly located in London and would then pay the money out as directed by Nigel in exchange for a 10 percent fee. Nick received four checks totaling $37,500 and deposited them in an account at Home Bank. Nick then requested that Home Bank pay out $32,000. Thereafter, all of the checks Nick deposited bounced. Home Bank filed suit against Nick to recover the overdraft. Nick claims that Home Bank was negligent.

  • Explain the arguments for each party and make a ruling as to which party should win supported by applicable law and/or course materials.

Scenario 4 – Consumer Protection

Suntan Enterprises (Sun), was a distributor of a product known as Sunless Tanning Tablets. The tablets allowed consumers to achieve a tan without exposure to the sun. When ingested, the tablets gave color to the skin through the use of various ingredients, one of which is thaxanthin, a coloring agent. The Food and Drug Administration (FDA) had not approved the use of thaxanthin as a coloring additive. The FDA became aware that Sun was selling the tablets. The FDA filed a lawsuit, seeking forfeiture of the tablets in the possession of the company. Sun challenged the FDA’s right to seize the tablets.

  • Explain the arguments for each party and make a ruling as to which party should win supported by applicable law and/or course materials.

Wrench LLC v. Taco Bell Corporation

Assignment 1

Read the summary of the Wrench LLC v. Taco Bell Corporation case in the “Ethics: Implied-in-Fact Contract Prevents Unjust Result” section of Ch. 9. It is suggested that you also research and read the full court opinion, using the summary in the textbook to aid your understanding of the legal issues presented.

Write a 250-word for bullet #2 using Microsoft® Word. Include intro and conclusion.

· An intro about the case

· Explain what the parties could have done differently to protect their rights and avoid this dispute.

· Conclusion about the case

Assignment 2

Research an example of an intellectual property court case.

Provide a 4- to 6-sentence summary of the case, key players, and the subsequent ruling.

Writing Assignment Needed For Criminology Class

WRITING ASSIGNMENT #2

Instructions

For this assignment you will choose 3 different concepts from Modules 4 and 5 textbook readings (Chapters 4, 8, 9, and 10) on the United States courts and legal system (the second of the three criminal justice system components we will be exploring in this course).

Step 1: Review Modules 4 and 5 textbook readings (Chapters 4, 8, 9, and 10)

Step 2: Watch the videos in Modules 4 and 5.

Step 3: Write a 5-paragraph essay following the paper structure and APA paper format requirements below.

Paper Structure

Cover Page 

Introductory Paragraph 

• Provide the reader with an overview of the Module materials on the United States courts and legal system, as well as the terms you will be discussing in your paper and their relevance to the modules materials.

Body Paragraph One

• Identify ONE concept discussed in the textbook readings (Chapters 4, 8, 9, and 10) and illustrated in one of the videos above.

• In this paragraph, you should clearly identify the concept you are discussing (put it in bold), provide a definition for the concept in your own words, and provide at least two sentences worth of evidence from the video(s) that illustrate the concept you identified.

Body Paragraph Two

• Identify ONE concept (different from the concept above) discussed in the textbook readings (Chapters 4, 8, 9, and 10) and illustrated in one of the videos above.

• In this paragraph, you should clearly identify the concept you are discussing (put it in bold), provide a definition for the concept in your own words, and provide at least two sentences worth of evidence from the video(s) that illustrate the concept you identified.

 

Body Paragraph Three

• Identify ONE concept (different from the concepts above) discussed in the textbook readings (Chapters 4, 8, 9, and 10) and illustrated in one of the videos above.

• In this paragraph, you should clearly identify the concept you are discussing (put it in bold), provide a definition for the concept in your own words, and provide at least two sentences worth of evidence from the video(s) that illustrate the concept you identified.

Conclusion Paragraph

• Wrap up your paper and tell your reader any final thoughts you had about the Module readings and videos (lasting impressions, things you didn’t understand, things you saw in the video(s) that did or did not align with the Module materials, etc.).

Reference Page 

Paper Format

You should, at a minimum, cite your textbook as that is where you got the 3 concepts you are discussing in your paper.

Download the APA Word Template provided and personalize it for this assignment. Your paper should be double-spaced in Times New Roman 12-point font and with 1-inch margins all the way around. Be sure to write in your own words as much as possible. Avoid using direct quotes (write in your own words), and properly cite your textbook (for the concepts), as well as any other sources you use.

See Module 1: APA and You for examples of in-text citations and references for your textbook. You should have in-text citations in every paragraph of your paper to align with the materials, concept(s), and definitions you discuss, even though your discussion was in your own words. As you are discussing materials from other sources, even though you are discussing these materials in your own words you MUST still properly cite sources with in-text citations and references in APA format.

Helpful Hints

A good place to find terms/concepts is the Summary sections at the end of Textbook Chapters 4, 8, 9, and 10. These Summary sections include vocabulary lists that you can use when selecting terms to write about in your paper. Remember that each of the three terms you write about must be illustrated in one of the videos located in the Module 4 and 5 sections of our Blackboard course, and you must provide evidence from the video(s) to support your term selection.

Video: Courtroom Members
Video: Qualifications for Jury Service
Video: Criminal Trial Process: Courtroom Procedures
Video: Types of Crime
Video: Pretrial Procedures
Video: Arraignment
Video: Plea Bargain and Pretrial Motions

 

An Overview of Criminal Justice: The Criminal Justice Components

There are three primary components/institutions that comprise the criminal justice system/process:

  1. Law enforcement
  2. Courts
  3. Corrections

Descriptions of the Three Components:

  1. The purposes/responsibilities of law enforcement are to “enforce laws, provide services, prevent crime, and preserve the peace” (Gaines & Miller, 2017, p. 135). Our system of Law Enforcement is divided into three primary levels: local, state, and federal (and also tribal). Local law enforcement is comprised of county sheriff’s offices and city police departments, and local is the level at which the majority of law enforcement officers are employed. State law enforcement is responsible for such tasks as patrolling our highways, as well as investigating crimes on a state level. These agencies have jurisdiction throughout the state. Federal law enforcement agencies cover a variety of areas (both geographically, as their jurisdiction is national, and subject matter-wise), including terrorism, drugs, tax crimes, and much more (Gaines & Miller, 2017).
  2. Our courts system determines the guilt or innocence (or, in the case of civil court, the responsibility) of the accused through the judicial process. The courts serve multiple purposes, including to: ensure due process is followed (due process); ensure protection of and justice for society (crime control); treat offenders and attempt to fix possible causes of criminal behavior (substance use, low self-control, mental illness, etc.) so they may become productive members of society (rehabilitation); and to also meet the administrative demands placed upon the courts (bureaucracy) (Gaines & Miller, 2017). Our Court system is a dual-court system comprised of 2 judicial systems at the federal and state levels. This dual-court system is actually comprised of 52 different court systems (federal, each state, and D.C.), and is based on the concept of federalism, or the sharing of powers between the federal government and the state governments. There are key players that operate within each courtroom, also known as the courtroom work group. These key players include the judge, prosecutor, and defense attorney (Gaines & Miller, 2017).
  3. The American correctional system is responsible for those individuals convicted by the courts. There are multiple purposes for sentencing offenders to various correctional treatments, including to: punish them for violating the rules of society (retribution); deter them from committing crimes again (or specific deterrence, and deter others in society from committing similar crimes, or general deterrence); take them off the streets to prevent them from posing further threat to society (incarceration); and treat them so they are less likely to offend in the future, and may become productive members of society (rehabilitation) (Gaines & Miller, 2017). Those convicted by state courts are under the control of the state correctional system, while those convicted in federal court are under the control of the federal correctional system. Correctional sentences range in severity from probation and community corrections to incarceration and capital punishment. The most common correctional treatment in our country is probation, which is an alternative to incarceration. Parole is early release from a correctional facility. Note that corrections is more than jail and prison.

Examples of Each Component:

Law Enforcement

  • Local: County Sheriff’s Office, City Police Department
  • State: Highway patrols; fire marshals; fish, game, and watercraft wardens; alcoholic beverage control officers
  • Federal: Department of Homeland Security (DHS), Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), U.S. Secret Service

Courts

  • Type of court: Criminal, civil
  • Court geographic jurisdiction: There are 52 total court systems in the U.S.: one federal + fifty state + D.C. These systems are encompassed under the 2 independent judicial systems (federal and state) that comprise our dual-court system.
  • Court subject-matter jurisdiction: Limited, unlimited (general)
  • Members of the courtroom work group: Judge, prosecutor, defense attorney, bailiff, clerk of the court, court reporter(s)

Corrections

  • Types of correctional sentences: Probation, parole, incarceration (local jails, state prisons, federal prisons), community corrections

Public Admin/Law Powerpoint

Choose any federal statute that is currently in the news. You will have to research that statute and at least two court cases pertaining to the statute. Then, prepare a PowerPoint Presentation of 6 to 8 slides addressing the following:

1. Provide a summary perspective of the statute.

2. From the two cases relevant to the statute you researched, analyze and evaluate each case separately by providing the following (about two paragraphs per case):

· Facts of the case

· Issues

· Rule

1. Identify and discuss the legal ramifications and violations of any legal subjects and/or decisions related to any constitutional principles and/or administrative agency.

1. Make an argument for or against the statute.  Discuss and persuade the audience of your position as a public administrator for or against it.

Your assignment must:

· Include ten (10) PowerPoint slides, with two (2) devoted to each of the topics in items 2–4 above. Slides should abbreviate the information in no more than five or six (5 or 6) bullet points each.

· In the Notes View of each PowerPoint slide, incorporate the notes you would use when presenting the slides to an audience.

· Slide titles should be based on the criteria described above (e.g., “Four Major Changes,” “Major Court Cases,” etc.)

· In addition to the ten (10) content slides required, a title slide and a reference slide are to be included. The title slide is to contain the title of the assignment, your name, the instructor’s name, the course title, and the date. The reference slide should list, in APA format, the sources you consulted in writing the paper.

The specific course learning outcomes associated with this assignment are:

· Interpret the language of the U.S. Constitution and the U.S. legal system in order to explain the principles and process of constitutional, regulatory, and administrative laws at the federal and state levels.

· Use the “case” approach to the U.S. legal system for researching cases, laws, and other legal communications using technology and information resources.

· Evaluate legal subjects relevant to public administration to include property, government contracts, employment, and torts.

· Relate the administrative process, constitutional and statutory requirements, to the scope of judicial review of administrative agency decisions.

· Assess legal decisions related to the administration of public goods.

· Apply and rule on moral and ethical analysis to issues relevant to the public administration decision-making process.

· Use technology and information resources to research issues in constitution and administrative law.

· Write clearly and concisely about issues in constitution and administrative law using proper writing mechanics

Choose any federal statute that is currently in the news. You will have to research that statute and at

least two court cases pertaining to the statute. Then, prepare a PowerPoint Presentation of 6 to 8 slides

addressing the following:

Provide a summary perspective of the statute.

From the two cases relevant to the statute you researched, analyze and evaluate each case

separately by providing the following (about two paragraphs per case):

Facts of the c

Issues

Rule

Identify and discuss the legal ramifications and violations of any legal subjects and/or decisions

related to any constitutional principles and/or administrative agency.

Make an argument for or against the statute.

Discuss and persuade the

audience of your

position as a public administrator for or against it.

Your assignment must:

Include ten (10) PowerPoint slides, with two (2) devoted to each of the topics in items 2

above. Slides should abbreviate the information in no more than five

or six (5 or 6) bullet points

each.

In the Notes View of each PowerPoint slide, incorporate the notes you would use when

presenting the slides to an audience.

Slide titles should be based on the criteria described above (e.g., “Four Major Changes,” “Major

Court Cases,” etc.)

In addition to the ten (10) content slides required, a title slide and a reference slide are to be

included. The title slide is to contain the title of the assignment, your name, the instructor’s

name, the course title, and the date. Th

e reference slide should list, in APA format, the sources

you consulted in writing the paper.

The specific course learning outcomes associated with this assignment are:

Interpret the language of the U.S. Constitution and the U.S. legal system in order to

explain the

principles and process of constitutional, regulatory, and administrative laws at the federal and

state levels.

Use the “case” approach to the U.S. legal system for researching cases, laws, and other legal

communications using technology and inf

ormation resources.

Choose any federal statute that is currently in the news. You will have to research that statute and at

least two court cases pertaining to the statute. Then, prepare a PowerPoint Presentation of 6 to 8 slides

addressing the following:

1. Provide a summary perspective of the statute.

2. From the two cases relevant to the statute you researched, analyze and evaluate each case

separately by providing the following (about two paragraphs per case):

 Facts of the case

 Issues

 Rule

3. Identify and discuss the legal ramifications and violations of any legal subjects and/or decisions

related to any constitutional principles and/or administrative agency.

4. Make an argument for or against the statute. Discuss and persuade the audience of your

position as a public administrator for or against it.

Your assignment must:

 Include ten (10) PowerPoint slides, with two (2) devoted to each of the topics in items 2–4

above. Slides should abbreviate the information in no more than five or six (5 or 6) bullet points

each.

 In the Notes View of each PowerPoint slide, incorporate the notes you would use when

presenting the slides to an audience.

 Slide titles should be based on the criteria described above (e.g., “Four Major Changes,” “Major

Court Cases,” etc.)

 In addition to the ten (10) content slides required, a title slide and a reference slide are to be

included. The title slide is to contain the title of the assignment, your name, the instructor’s

name, the course title, and the date. The reference slide should list, in APA format, the sources

you consulted in writing the paper.

The specific course learning outcomes associated with this assignment are:

 Interpret the language of the U.S. Constitution and the U.S. legal system in order to explain the

principles and process of constitutional, regulatory, and administrative laws at the federal and

state levels.

 Use the “case” approach to the U.S. legal system for researching cases, laws, and other legal

communications using technology and information resources.

analyzing statistical data

In Unit 4, you practiced analyzing statistical data. In this activity, you will further practice your analytical skills by creating 5 different charts from the data you analyzed in Unit 4. Additionally, you will create a presentation including each of those charts and explain why you used the selected chart.

The specific steps are as follows:

  1. Download 1 of the following datasets of offenses reported:
  2. Using the provided data and your analyzed data, create 5 different charts.
  3. Create a PowerPoint presentation effectively presenting each of your charts, with a written description of each chart.
  4. The PowerPoint presentation should be at least 6 slides: 1 title slide and 5 slides reflecting each chart and an explanation of why you used this selected chart.

Reference

U.S. Department of Justice, Federal Bureau of Investigation, Uniform Crime Reporting Statistics. (2017). Welcome to a new way to access UCR statistics. Retrieved from https://www.ucrdatatool.gov/

Law Enforcement

. Using critical thinking explain how crime analysis using GIS mapping technology may be applied to a crime of your choice e.g., serial serial rapist etc. In doing so, discuss at least one Crime-Mapping Strategy discussed in the literature and how you would use it.

2.  Is crime mapping an effective tool in combating crime?  Why?  Describe how crime mapping can be used to support tactical operations.

500 words 1 reference

Case Study

Case Study

Read the case study “Collaboration amid Crisis: The Department of Defense during Hurricane Katrina.” Write a 500-750 words addressing the prompts below. Your paper must be in APA format and include citations from two sources, one of which should be the case study.

•  Outline the key actors in the case

•  Summarize the main issues

•  Explain what led to the eventual resolution

•  Evaluate how better collaboration may have improved the outcome of the case

Anti-Discrimination Laws Related To Employment

Week 5 Writing Assignment

Anti-Discrimination Laws Related to Employment

PLEASE DO NOT SUBMIT A BID FOR THIS ASSIGNMENT IF YOU DO NOT HAVE EXPERIENCE WITH GRADUATE LEVEL WRITING TERMS AND CONCEPTS. ALL DIRECTIONS MUST BE FOLLOWED, IF THERE IS A SCENARIO, IT MUST BE INCLUDED. NO PLAGIARISM WHATSOEVER, MY SCHOOL USES SOFTWARE TO DETECT COPIED MATERIAL.

Your supervisor has placed you in charge of hiring a new, full-time administrative assistant for your department.

Prepare an advertisement for that position that complies with federal law. This advertisement must be detailed. The minimum length of your job description must be 300 words (approximately three-fourths of a page). You can make up the job details but must include the following:

· A job description

· A description of the job duties

· A description of the minimum qualifications

· Prepare 10 illegal questions that must not be asked. For each question, be sure to justify your reasoning.

· Prepare 10 legal questions that may be asked during the interview. For each question, be sure to justify each question.

Submit your three-page paper (not including the title and reference pages). Your paper must be formatted to APA style and must cite at least three scholarly sources in addition to the textbook.

Assignment Details

Assignment Details

Read Delaney, Ferguson, Nazon, & Bynum’s (2016) article entitled Reentry and Offenders with Special Needs: Mental Illness and Addressing Criminogenic Needs. This article is on page 20 of the May/June 2016 American Jails Association publication, which is publicly available at: https://issuu.com/americanjails/docs/american_jails_may-june_2016

Within this article, Delaney et al. (2016) discuss two groups of special population offenders: females and the mentally ill. The article further examines the effects that mental illness and co-occurring substance abuse disorders have on addressing the criminogenic needs of offenders being released from correctional incarceration.

  • Using a real-life example (either someone personally known to you or someone that you read about in the news), discuss any of the six major risk factors for criminal conduct that may have helped contribute to your example’s criminogenic behaviors.
  • Do you believe there were any other static and dynamic criminogenic factors that may have also contributed to this offender’s behavior? If so, which ones?

Open Source Intel

Post 1

1.  What value does Open Source information have for law enforcement intelligence?

In today’s information age, open source information is extremely valuable to law enforcement today. The modernization of technology is accelerating at a fast pace. In the very near future, almost everything that someone says or does will be recorded in some way or another. The way open source information is used today has already shown a great potential in solving past crimes, addressing current crimes, and predicting crimes of the future. According to Friedman (1998), there are several categories of open source information, and some of the major sources are the media, databases, and everyone’s favorite, the internet. The reason why it is extremely valuable in law enforcement is because open source information is a repository of information. Some examples of open source information are DNA repositories, social media posts, photos with geotags, and statistical information. Just from the four examples mentioned, one can see the relevance to law enforcement. DNA databases can be used to link DNA evidence; statistical information can be used to develop crime maps, and help in predictive policing (Joh, 2014). Not so smart felons can leave geotags on photos or have Instagram photos that show their whereabouts.

2.  Provide two examples of Open Sources that can be beneficial to law enforcement and explain what those benefits are.

Something that comes quickly to mind is that open source information can be used to develop a pattern of life of an area. Using information gained from public databases, law enforcement officials can identify where the next crime might occur. Another way to use open source information is to monitor social media. Social media posts can indicate where protests will occur, or even where a crime is occurring. Recently, a mass shooting in New Zealand was live-streamed on social media. There are some things that law enforcement can learn from that video in terms of the attacker’s timeline and tactics he employed. Joh (2014) posits that open source information from the internet can be used in mass surveillance, and in predictive policing.

3.  What concerns must be factored in if utilizing Open Source information?

The top concern with open source information is the validity of it. Additionally, is the information from a reputable source? How old is the information? The validity of the information critical especially with the internet; there is a lot of junk information on the web that must be disregarded by intelligence experts. Something else to also consider is that open source information can also be used by criminals. For example, criminals can observe the actions of a police force if the media is doing a live-broadcast of a crime in progress.

4.  Can police lawfully use insincere or fraudulent means to access social media information? (LinkedIn, Facebook, Twitter, Pinterest…)

As stated earlier, agencies can gather open source information from mass surveillance. One of the methods of surveillance that the government is pursuing is monitoring social networking sites. Monitoring social media can be an effective tactic to employ. However, there are some settings that are put into place where officials have to get really creative. According to Seo (2014), officials can lawfully use tactics, such as posing as another person or viewing a person’s profile by using another profile. It is not an invasion of privacy. It has been upheld in court. Additionally, the FBI indicates that once a person posts something on social media, it is no longer private. It becomes public information (Seo, 2014). It will be interesting to see if the limits of privacy change within the next few years because of modernization.

Post 2

1.  What value does Open Source information have for law enforcement intelligence?

Open source intelligence (OSINT) plays a vital role in contemporary policing. OSINT has been around for many decades and has been utilized by military and federal agencies (Friedman, 1998). The information that is gleaned from this process is derived from public sources such as the internet, social media accounts (Facebook, Twitter, etc.), and any other public records. The information must be derived legally and ethically by law enforcement agencies. The modern era has actually enabled law enforcement by providing very useful and sometimes incriminating information right on public internet sites (social media). However, care must be taken into consideration as to the validity of the sourced information.

2.  Provide two examples of Open Sources that can be beneficial to law enforcement and explain what those benefits are.

There are many open sources in which can be accessed by law enforcement to gain information from. Many law enforcement and federal agencies look to the internet for a footprint that may have been left behind to gain any intelligence. Of course, social media has become the go to choice. The two examples I will provide are You Tube and Instagram. Both of these sites are very popular and used by millions of people across the globe. This could instantly provide law enforcement agencies the ability process any digital footprints left behind by any suspect. Many criminals have left incriminating evidence on social media accounts that are often made public by the user themselves. Social media has caused an epic rise in internet crime over the last decade for sure.

3.  What concerns must be factored in if utilizing Open Source information?

The most glaring problem with open source information is the reliability factor. Of course, it must pass the common sense test and otherwise be vetted for legitimacy before any action can be taken against someone. We have all seen hoaxes play out in the media or the law enforcement agencies have been too quick to act and often pursue a bad lead. The bottom line is that all information must be vetted for accuracy and reliability. There have been too many instances of erroneous information that gets processed as credible and it puts law enforcement agencies in a compromising position.

4.  Can police lawfully use insincere or fraudulent means to access social media information? (LinkedIn, Facebook, Twitter, Pinterest…)

There have been many cases of law enforcement agencies using the information gleaned illegally. Of course, the law works in mysterious ways and many criminals have been prosecuted from information obtained illegally from their accounts. So, yes the local and federal law enforcement agencies can have access to your data if there is reasonable cause. However, there is most definitely the question of illegal search and seizure actions that may have taken place to get the social media account information. In the end, if it takes another pedophile off the street, then I’m all for it.