Category: law assignment help

Buy-Out Provision discussion

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Assume that you are representing the developer of a new condominium project and have been asked to draw up an appropriate set of declarations for the condominium. Having reviewed the declarations drawn up by your firm several years ago for the same client, when the client built another condominium project, you have decided that most of the changes to be done can be made by one of your bright, young associates.

There is one provision in the new declarations, however, that will require your expert drafting skills.

When the previous declarations were drafted (before you joined the firm), no provision was made for rebuilding or selling the condominium project as a whole. During the years that have passed since condominium projects first became popular, it has gradually become evident that some provision must be made for allowing the rebuilding or sale of the entire condominium project.

As a lawyer active in the real estate field, you are aware that some of the early condominiums have fallen into such a state of disrepair that it is simply necessary to rebuild the entire project. Other condominium projects, initially built on relatively inexpensive land on the edge of town, are now surrounded by new developments, which make the underlying land so valuable that it is no longer financially prudent to continue to use the land for the original condominiums.

Because of the fact that each unit owner in the condominium also owns an undivided interest in all of the common elements, it would be impossible to sell the whole condominium project without the consent of each unit owner – unless the declarations contain appropriate provisions for sale.

Clearly, it is necessary to protect the interests of each unit owner. However, over the years it has become clear that it is also necessary to provide some way in which the entire condominium project could be rebuilt, or sold, when that is the appropriate course.

Keeping in mind the necessity of protecting the individual unit owner, as well as the need to be able to rebuild or sell the entire project when necessary, draft an appropriate buy-out provision (or “obsolescence clause”) to be included in the new condominium declarations.

MUST CONSIDER THE RULE AGAINST PERPETUITIES

Real Property case study 5

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Fester, an elderly gentleman with no immediate family, fell and broke his hip. Fester’s hip did not heal correctly. Unable to care for himself, Fester moved into an assisted living facility. Although limited to a wheelchair, Fester was mentally sharp as a tack and played bridge with his friends every day in the facility’s dining room.

Gomez, who worked as a waiter at the facility, overheard Fester telling his dining room bridge partners how much he missed spending time at his summer hunting and fishing. Gomez searched the land records system electronically and found the deed by which Fester originally acquired fee simple absolute title to the cabin property. Gomez prepared a deed conveying the cabin property from Fester to Gomez and forged Fester’s signature. Gomez’s girlfriend, a notary public, acknowledged Fester’s signature on the deed. On the face of the deed, the notary’s acknowledgement was flawless. Gomez filed the forged deed in the land records system for the county where the cabin property was located. Gomez then hired a locksmith and changed the locks on the summer cabin so that Gomez had a working set of keys.

Gomez advertised the cabin property for sale on eBay and eventually sold the cabin to Pugsley, who had no notice that Fester’s signature on the Fester-to-Gomez deed was a forgery. Pugsley promptly filed the Gomez-to-Pugsley deed in the land records system for the county where the cabin was located. Pugsley spent every summer between Memorial Day and Labor Day at the cabin. The rest of the year the cabin sat vacant. The cabin was in a remote location and the climate was too cold to enjoy the cabin except during the warm summer months.

Five years after Pugsley purchased the cabin from Gomez, Fester’s great-nephew Lurch moved into the area. Lurch began visiting Fester every week at the assisted living facility. In gratitude, one year after Lurch began his visits Fester executed a deed conveying fee simple absolute title to the cabin property to Lurch. Lurch validly recorded the Fester-to-Lurch deed, but did not go to see the cabin. Fester died eight years after Pugsley first purchased the cabin property from Gomez. Lurch visited the cabin property for the first time in June following Fester’s death and discovered Pugsley occupying the cabin.

Assume that the jurisdiction has a race-notice recording act statute and the statute of limitations to perfect title by adverse possession is seven years. As between Lurch and Pugsley, who has superior title to the cabin property?

Equitable Servitude case study

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Assume that you are lucky enough to own 200 acres of land in a beautiful valley. Your land begins about half way up the hill and slopes gently down to a stream, which runs through the valley. The central portion of your land has been cleared just enough to give you a spectacular view across a meadow you own, which is filled with wildflowers, is edged by large trees, and slopes gently down to the stream. Your house is at the top part of your land, close to the one road that goes through the area.

On the other side of the highway, 100 acres of land is owned by someone who has lived in the area for years, and like the rural character of the area, but is financially tempted to subdivide the land if that becomes feasible. Your neighbor’s house is situated so that he also benefits tremendously by the view across your land to the stream.

Right now, your neighbor seems interested in making a deal with you that if you will not increase the height of your house, which would block his view of the stream, then he will not subdivide his land. Thus, the rural character of the area would be preserved – at least for a time.

As a lawyer, you realize the conditions may change, so the permanent restrictions (such as easements) would not be appropriate for either you or your neighbor. But you would like to impose some restrictions on both pieces of land so that, for the foreseeable future, the rural character of the land will be preserved.

Draw up an equitable servitude that will appropriately restrict the height of buildings to be built on your land in the future. And ALSO draft an appropriate equitable servitude for your neighbor to place on his land – limiting subdivision and constructions of additional buildings.

Ethics Law And Cybersecurity

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Instructions:  State-wide and in most professional industries, there has been a mandate that college students be more proficient in their writing. While this is not a writing class, all writing assignments will be graded for grammar, syntax, and typographical correctness to help address this mandate.

Pay attention to what you are being asked to do (see Grading Rubric below). For example, to describe does not mean to list, but to tell about or illustrate in more than two or three sentences, providing appropriate arguments for your responses using theories discussed in our text.  Be sure to address all parts of the topic question as most have multiple parts. A verifiable current event (less than 4 years old) relevant to at least one of the topics you respond to is a fundamental component of your quiz as well.  You cannot use information from the textbook or any book/article by the author of the textbook as a current event.  Make sure that your reference has a date of publication.  For each chapter quiz and final quiz, you are required to find and include at least one reference and reference citation to a current event less than 4 years old (a reference with no date (n.d.) is not acceptable) in answer to at least one question.  This requires a reference citation in the text of your answer and a reference at the end of the question to which the reference applies.  You must include some information obtained from the reference in your answer.  The references must be found on the internet and you must include a URL in your reference so that the reference can be verified.

1.Define and describe in your words the key technological developments of each of the four phases in the evolution of cybertechnology. Please elaborate (beyond a yes or no answer) and provide your “theoretical” rationale in support of your responses (knowledge)

2.Access Don Gotterbarn’s arguments for the claim that computer ethics is, at bottom, a field whose primary concern should focus on moral responsibility issues for computer professionals.  Do you agree with his position?  Please elaborate (beyond a yes or no answer) and provide your “theoretical” rationale in support of your responses (knowledge)

 

3. How do religion, law, and philosophy each provide different grounds for justifying a moral principle?  How can each perspective be applied in analyzing the moral principle “Stealing is wrong”?  Be sure to elaborate and provide your “theoretical” rationale in support of your position. (knowledge).

4. Consider a case in which the United States government, with the approval of the majority of Americans, decides to round up all Arab-Americans and relocate them into internment camps. Imagine that you have a friend who is an      American citizen of Arab descent. She asks you to protect her from the authorities.  You have known this person all of your life, and you are convinced that she is a loyal American. You agree to hide her on the third floor of your house. A United States federal agent knocks on your door and asks if you know the whereabouts of the person you are hiding. How would you respond to that agent? You now face a genuine moral dilemma because you cannot both keep your promise to your friend and tell the truth to the federal agent. Initially, your gut reaction might suggest that the solution to your dilemma is really quite simple. For example, you might believe that a  far greater good will be served by lying to the federal agent than by breaking your promise to your friend. However, to embrace the moral principle inherent in that line of reasoning is to fall back into utilitarianism. We have already seen some of the difficulties that can result from trying to be a consistent and thoroughgoing utilitarian. Could you consistently      universalize a moral principle that states: “Whenever you must choose between  telling the truth to authorities and breaking a promise to a friend, always honor your promise.” Will that principle work in every case? Will  Ross’s theory help in this situation? Explain your answer. Be sure to elaborate and provide your “theoretical” rationale in support of your position. (comprehension).

5.You have just been appointed to the board of directors of UTD.com, however, the dot.com company has been experiencing some difficult financial times that have resulted in revenue losses in three of the last four quarters. As you take your new position, you discover that the two proposals are on the table. Each proposal has been put forth as a means for dealing with UTD immediate financial problems. Proposal #1 recommends all employees be retained, but that an immediate wage freeze for all employees is imposed for the next six months. (Employees      may even be asked to take a 5 percent cut in pay if things do not improve by the end of that period.) Proposal #2 recommends that wages not be frozen, but that 5 percent of the company’s workforce be laid off. (One piece of the reasoning behind this proposal is that taking more drastic measures will “protect” 95 percent of UTD workers and will send  a message to Wall Street and local investors that UTD is serious about improving its financial position and that it will soon be a stable company once again.) The board is evenly split, seven members for proposal #1 and seven for proposal #2. Yours will be the tie-breaking vote. In your deliberation, describe how an act utilitarian, a rule utilitarian, a rule deontologist, and act deontologist would reach each solution to this dilemma and on what basis. Which solution seems most plausible? Be sure to elaborate and provide your “theoretical” rationale in support of your position. (comprehension)

Ethics Law And Cybersecurity

 Link for the book: https://1lib.us/book/5341711/7bc467

Should be in APA format

only 200 words necessary for each question. Also 2.3 line conclusion most.

Project: Legal & Ethical Scenarios

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Legal and Ethical Scenarios

Select two of the scenarios provided below. Analyze the facts in the scenarios and develop appropriate arguments/resolutions and recommendations. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenarios into the paper. Cite your sources in APA format on a separate page. Submit the paper to the Submissions Area by the due date assigned.

Scenario I: Courts and Alternative Dispute Resolution

Alana Mendes suffered from Alzheimer’s, and was admitted to the Bay Pines Rehabilitation Center. Because of her mental condition, Alana’s daughter, Juanita, completed the admissions paperwork and signed the admissions agreement. The admissions documents included a clause that required parties to submit any disputes for arbitration. When Alana was released from the center four months later, she sued for negligent treatment and malpractice during her stay. Bay Pines moved to require arbitration.

This is a claim of negligent care, not a breach of a commercial contract. Is it ethical for medical facilities to impose mandatory arbitration? Is there really any bargaining over such terms?

Should a person with limited mental capacity be held to the arbitration clause agreed to by the next-of-kin who signed on behalf of that person?

Scenario II: Due Process and ADR

In 2016, a report found extremely high rates of obvious plagiarism in the theses of graduate students in the MBA program in the College of Business at Western State University. Two full-time faculty members and three adjuncts were identified for ignoring their ethical responsibilities and contributing to negligence toward issues of academic misconduct. Assistant Professor Mark Day was one of the five professors identified in the report. The findings were published during a press conference in May 2016. The dean of the College of Business, Derrick Dawson, removed Day’s responsibilities for advising graduate students and scheduled him for undergraduate courses for the next semester. Day filed suit in a federal district court against Dawson, the university, and others for violating his due process rights by publicizing accusations about his role in plagiarism without providing him with a meaningful opportunity to clear his name in public.

What does due process require in these circumstances?

Would the outcome be different if a mandatory arbitration clause was provided in Day’s contract and the university filed to dismiss the suit to require arbitration?

Scenario III: Regulatory Agencies and Ethics

Jessica Smith is the vice president of new drug development at Generic Phama, Inc, a pharmaceutical research company in Boston, Massachusetts.  One year ago, she filed an application with the Food and Drug Administration (FDA) to obtain approval of a new drug for treating cancer.  Smith met Joe Spencer at a convention three months ago and invited him to her room at the hotel.  The two parted ways.  Spencer worked as the director for approval of new drugs at the FDA.  Two weeks later, Spencer wrote Smith a letter on FDA letterhead stating, “It was nice to see your name cross my desk on our company’s application for approval of the new cancer drug.  I’d really like to see you again.  Why don’t you come visit me in Washington this weekend?”

Smith considered requesting that the petition be referred to another director at the FDA.  However, she is concerned that the  transfer would delay the approval process for at least a year.  Smith’s chief scientist advised her that a key competitor plans to introduce a similar drug on the market in three months.

Are there any legal or ethical barriers to relationships between corporate officers and members of administrative agencies involved in reviewing or regulating corporate activity?

What should she do?

What would you advise her to do if you were head of human resources or legal counsel for Generic Pharma, Inc.

Name your document SU_MBA5005_W1_LastName_FirstInitial.doc.

Submission Details:

Support your responses with examples.

Cite any sources in APA format.

Submit your document to the Submissions Area by the due date assigned.

Statesmanship model case study

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In this case study, you will apply the Statesmanship model you discussed in Module 1 to a real, specific public administration context.  What type of interpersonal skills are needed to effectively administer statesmanship in that context?  Remember to discuss the importance of emotional intelligence and covenant in your case study.

General Guidelines:

• Case Study scenarios must be taken from documented (published) public administration contexts; no hypotheticals are allowed.  Students can focus on one particular public administration organization or may refer to a particular situation (well-documented by the research) that many public administrators face.
• Integrate  Biblical principles in your case study discussion.
• All ideas shared by the student must be supported with sound reason and citations from the required readings, presentations, and additional research.
• The paper should be 4-5 pages of content in length (not counting the title page or references), double-spaced, and in APA format.

• All required readings and presentations from the assigned module must be cited.
• 3-5 additional sources must be used.  This need not be scholarly so long as they are provide relevant political and economic analysis of your chosen nation.  Wikipedia may not be used (though certainly the student is welcome to review its content), and informal blogs are not appropriate.

Organizational Structure research report

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Assignment 1: Organizational Structure Instructions

Read all instructions and the grading rubric carefully before beginning this assignment. You are responsible for reading and understanding these documents.

For this assignment, you are required to choose between producing a PowerPoint presentation, video presentation, or writing a research paper. This assignment must focus on the organizational models in public administration and the effects of those structures on personnel performance.

Read Exercises 2 and 3 in the Dresang text, the Moynihan & Pandey article, and conduct your own research. You must explain the different models of organizational design that may be utilized in public administration, the effects that these models may have on public service motivation, and an evaluation of organizational structure options in light of biblical principles.

Option 1: Research Paper

If you elect to write a research paper for this assignment, the text of this research paper must be 5–7 pages (not including title page, reference page, and any appendices). This paper must be in current APA format with 1-inch margins and 12-pt Times New Roman font. A title page and reference page must be also included. You must include citations to at least 4–7 appropriate sources (in addition to the course textbooks, assigned readings, and the Bible) to fully support your assertions and conclusions. This assignment draws heavily from the assigned readings for this module/week and you are expected to illustrate your understanding of those sources.

operating budget of agencies

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Resources: Internet, Governmental websites (city, state, or local policy agencies in the U.S.), Media, News articles

Locate state or local government’s project and the effect on the operating budget.

Conduct research about a state or local government project, such as adding a building, park improvements, road improvements, or adding to or building of a new police station, and the related effects on the operating budget of the agency.

Write a 1,050- to 1,400-word paper in which you include the following:

• Describe and give brief overview of the agency. For example: size of community, size of agency, and agency responsibilities.
• Describe the type of government project and implementation process.
• Rely the advantages and disadvantages of the project on the agency operating budget.
• Summarize your findings and make recommendations about the effects of capital projects on operating budgets.

Format your paper consistent with APA guidelines.