jury trial outcome discussion
Describe a legal complaint that you think might benefit from a summary jury trial and whether the outcome will be binding or advisory. Explain why.
If an arbitrator cannot resolve issues provided for in the submission agreement and parties are required to arbitrate those issues, justify the value of the arbitration process as an alternative to litigation.
specialty of the legal profession
Name three topics in this course that provided the most thought-provoking content for you. If you had to select a specialty ofthe legal profession in which to practice as an attorney, which area would it be?
Looking Forward case study
There seems to be a general reluctance to engage in any legal battle whatsoever. State why you think this is the case and how the legal system might be improved in the future.
concept of adverse possession
Discuss the conceptof adverse possession and whether a person who wrongfully possesses someone else’s property should be able to obtain title to that property.
Federal Court’s Subject Matter Jurisdiction
A short paper max of 5 pages on your personal thoughts regarding the following subjects:
1.Essentials of the Federal Court Subject Matter Jurisdiction. (Max 2 pages)
2. Pleading standard and test to assess whether a civil complaint states a claim upon which relief may be granted. (Max 1 page)
3. Governing principles of discovery in a civil case. (Max 2 pages)
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Case Analysis Instructions
You will analyze 5 cases during this course. Note that each case can be found in your textbook’s required readings. In evaluating your case analyses, instructors will apply the Case Analysis Grading Rubric. Each case analysis should be a 5–7 pages and follow the current APA guidelines. Title page and reference page in current APA formatting is required.
The basic guidelines for analyzing ethical cases are as follows:
1. Issues
a. What are the major moral or ethical issues raised by the case?
b. What are the major factual issues raised by the case?
c. What are the major conceptual issues raised by this case?
d. Who are the major stakeholders in this case?
e. How are the issues in this case related to making ethical decisions?
2. Options
a. What are the major views on the conceptual issues raised by this case?
b. What are the main alternative actions or policies that might be followed in responding to the ethical issues in this case?
c. What facts are unknown or disputed that might be relevant to deciding this case (may require research to determine some facts)?
3. Ethical Arguments
a. Determine which of the four moral standards (egoism, natural law, utilitarianism, and respect for persons) apply to this case.
b. Identify the moral principles that can be invoked to support a conclusion as to what ought to be done ethically in this case or similar cases.
c. Determine whether the different moral standards yield converging or diverging judgments about what ought to be done.
4. Decision or Conclusion
a. Decide which of the identified options you would recommend or judge to be the ethically best way to deal with the issue presented in this case based upon which option has the strongest ethical reasons behind it.
b. Determine how a critic of your position might try to argue against it using other ethical reasons, and present a rebuttal or counter-argument in defense of your judgment.
c. Include a scripture to support your decision.
Guidelines for Preparing Ethical Case Analyses
It is useful to discuss your case with at least one other person before you sit down to write up your case analysis. Following your case discussion, you are required to prepare a short analysis of the case in which you develop and defend your own ethical analysis of the case.
The purpose of these reports is to give you a chance to work out your own view about the issues raised by each case and to practice the procedure for analyzing ethical dilemmas. It is important that you include biblical references to defend your stance.
mississippi law case study
I have attached the article from the school Library
For this assignment, you will utilize the School Online Library to locate an article that discusses a specific incident of ethical violations on the part of a police or corrections officer. The article must include a real case relating to an officer who did not adhere to his or her agency’s code of ethics.
The article should be no more than 5 years old, and the article should have been published via a reputable source (e.g., peer-reviewed journal, law enforcement organization, or industry source). Once you identify the article, you may need to do further research as you complete the following two parts for your case study.
Your case study should present an insightful and thorough analysis with strong arguments and evidence that incorporate concepts learned in this unit. The case study must be a minimum of three pages in length, not counting the title page and references page. A minimum of three sources will be used. All sources used should be properly cited. The case study, including all references, should be formatted in APA Style.
Dylan contract case study
Dylan enters into a franchise agreement with The Massage Garage (“TMG”) , a national massage chain located primarily in shopping malls and airports. Dylan’s franchise is located in the Syracuse New York Airport. His agreement with TMG provides that TMG will not license another franchisee at a location closer than 12 miles from Dylan’s location. The agreement also identifies Dylan’s location as “Syracuse, New York Airport.”
Eighteen months later, Dylan is doing well with his business, but learns that TMG is planning on licensing a franchise to Warren in the Carousel Mall in Syracuse. The mall is 13 miles by car from Dylan’s storefront, but only 11.5 miles from the Eastern most edge of the Syracuse Airport.
Dylan writes to TMG, protesting and stating that this is a violation of his franchise agreement. He states that the 12 mile rule means the shortest distance from his location, the Syracuse Airport to the other location, the Carousel Mall, which is 11.5 miles. TMG responds by sending him a copy of a brochure they send to all potential franchisees prior to contracting which states that “You have location protection. We will not open another Massage Garage location closer than 12 miles from your storefront.”
Dylan also has an email he got from TMG just before they signed the agreement. The email promises that if Dylan takes a TMG franchise, and is still in business a year later, that TMG will give him a right of first refusal on any new TMG franchise opportunities within 15 miles of your franchise. TMG never contacted Dylan before granting the new franchise to Warren.
Dylan files suit to enjoin TMG from granting Warren the new franchise and to get a declaratory judgment that he has a 15 mile right of first refusal on future franchises.
Discuss both side’s arguments
Contracts Help case study
For years, 28 year old Lou Sohn has been trying to make it as a musician. He has played bars from Maine to California. He has had some songs he wrote and recorded played on college radio. He was a first round contestant on American Idol, but was cut before making it to Hollywood. He is getting ready to give up the business when a friend arranges an audition for Lou with Ashley Alan Dicker, of ADD Records, a twenty year old record label that has had a few hits, but never broken into the big time.
Lou’s audition seems to go well. Ashley called Lou up a week later and gave him the good news. “Lou, baby,” Ashley said, “I think you’ve got “IT” ADD is going to make you a big star. Who are your manager and lawyer.
Lou tells Ashley he has never had a manager or lawyer before. “That’s a good thing,” says Ashley, “they just waste time and money. Trust me baby, I will be the one looking out for you.”
Lou can’t believe his good fortune. Ashley hands him a 15 page contract and says, “Just sign it baby. It is a standard contract. We advance the money for the recordings, we distribute, you get the first $5,000 gross income and then we split everything down the middle .” Ashley hands Lou a shiny gold pen. Lou hesitates. “What’s the matter baby?” Ashley asks. “Well, honestly, I am broke,” says Lou, “Is it possible to get any money up front?’
Ashley pulls out his checkbook. “I like you baby, we are going to do great things. Sign right now and I will give you a $500 advance.” That was all Lou needed to hear. He didn’t even read the contract, he just signed it on the spot.
Lou recorded his first CD for ADD, “Out of My Cave.” It got some alternative rock air play, but never caught on with Itunes. After six months, total sales were only $8,500. Lou wasn’t thrilled, but still, he could use the money. He wrote to ADD and asked for his $5,000 in first royalties plus 50% of the remaining $3,500 for a total of $6,750. ADD’s accounting department responded by sending him a bill:
INVOICE
Recording costs
Studio time $ 3,700
Engineers $ 2,700
Producer advance $ 5,000
Total Recording costs $ 11,400
Promotion costs $ 3,700
Total Costs $15,100
Less credit for sales $ 6,750
TOTAL BALANCE DUE $ 8,350
The hottest movie this summer is the block buster super hero film “The White Knight Ascends.” Lou goes to see it and is shocked to find that “Out of My Cave” is played several times in the movie. It appears ADD licensed Lou’s song to the film for $100,000. When Lou calls ADD to ask about it, he is told that all the licensing money belongs to ADD.
Lou comes to you asking for help. He brings his contract with him. By now he has tried to read it, but cannot make heads or tails of it. In looking it over, you see that some of the relevant provisions are as follows:
“17 C – Sohn agrees to pay, or to reimburse ADD, for all recording costs including, without limitation, all costs related to the use of the studio, hiring of engineers and producers, and all promotion costs.”
“41 F – Sohn grants ADD all rights to the songs written by artist and the Master recordings of such songs as are included on any recordings produced pursuant to this agreement. Without limitation, this shall include the right to license such masters and underlying songs for use in motion pictures. And Sohn hereby waives any claim to the income from such license”
What can Lou do (with your help, of course)? Analyze the strengths and weaknesses of his case. MUST INCLUDE CASE LAW
Oscar and anna case study
Oscar, the owner of Blackacre in fee simple absolute, conveyed Blackacre “to Anna and her heirs insofar as the premises are not used for gambling, but if gambling ever occurs on the premises then Oscar shall reenter and terminate Anna’s ownership.”
Anna built a restaurant and a banquet hall on the property 50 years ago. From the beginning of the banquet hall’s existence, each year a local high school rented the banquet hall for class reunions. At these reunions, bingo and poker games for cash prizes were part of the evening’s entertainment.
Oscar died last year. While Oscar was alive, Oscar never attempted to reclaim the property from Anna. Oscar’s will left all of Oscar’s property to a local charity. Oscar’s sole heir is Fred.
Your client wants to buy the property from Anna, tear down the restaurant and banquet hall, and build a neighborhood retail center instead. The retail center would include a convenience store that sells lottery tickets.
Advise your client concerning the risks associated with acquiring title to the property, and how your client may attempt to mitigate these risks. In advising the client, assume that the statute of limitations for a possibility of reverter or a right of entry is 20 years, and that it is unclear whether or not the jurisdiction follows the common law rules for transferability of these future interests.
2-3 pages
Include Case Law if applicable
