Law Question

Ground Rules
Submissions should be three to four full pages, double-spaced, in twelve-point Times New Roman
font, with one-inch margins, no extra spacing between paragraphs, and no works cited page (it is
expected you will follow the citation model described below). Do not place your name or any other
information (title, date, class, my name, etc.) in the header of the document. You will lose half a letter
grade for failing to follow any of these guidelines.

The essay is due Monday, November 15, at 11:59pm by Canvas submission. It is worth 20% of your
final grade. Late submissions will be marked down half a letter grade for each day overdue. Any
submission turned in five or more days past the due date will start at a C+. Late essays must be
submitted by 11:59pm on the final day of classes, without exception.
Prompt

Describe why and how Karl Marx believes solidarity develops. How do W.E.B. Du Bois and Audre
Lorde complicate Marx’s argument? By way of conclusion, indicate which of these accounts of
solidarity and its sources/barriers you find most persuasive.

Additional Guidelines
Papers will be evaluated based on substantive accuracy; argumentative clarity; quality of writing;
response to the prompt; and following the guidelines in this document.
The length requirements detailed above are requirements, not suggestions.

Do not write a long introductory paragraph. Begin with your thesis statement (1-2 sentences) and enter
the textual analysis straightaway.

Draw directly from the texts. This means quotations, paraphrasing, and page citation. Papers that do
not do this will begin at a B-.

Do not provide a works cited page. It is assumed you are using the required version of the course text.
To cite the text, use the first initial of the author’s last name followed by page numbers in parentheticals

– for example: “the student is engaged when not in class, and in class when not engaged” (M, 93); “All
our children are outriders for a queendom not yet assured” (L, 73). To cite Du Bois, use the following
abbreviations: “Marxism and the Negro Problem” = (DBM); “Dusk of Dawn” = (DBD); “The
Damnation of Women” (DBW). You do not need to cite page numbers for Du Bois.
Outside sources are forbidden. All submissions will pass through a plagiarism checker and I will follow
USF Regulation 3.027 to the letter. It is your responsibility to ensure that your submissions are properly
uploaded to Canvas. I do not consider corrupted or incorrect files as submissions.

Books that are required to use for citation and links:

Karl Marx and Friedrich Engels, The Marx-Engels Reader, ed. Robert C. Tucker (W.W. Norton
& Company, 1978) ISBN-13: 978-0393090406
Audre Lorde, Sister Outsider: Essays and Speeches (Crossing Press, 2007) ISBN-13:
9781580911863

http://www.webdubois.org/dbMNP.html

The others are attached.

The professor is strict, stick to the prompt and what is asked for and the requirements. MUST HAVE ACCESS TO BOOKS.

Thank you!





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Law Question

Instructions

Research Paper (20%)

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As you write your paper, consider the moral rules that will support your decision.

General structure of your policy analysis
1. Conduct a brief review/synopsis of the relevant facts.
2. Identify what you believe to be the major ethical issues and the relevant underlying values of each opposing side.
3. Set forth your recommendations for the continued use, modification, or discontinuation of this policy. Your decision must have some sort of rationale behind it. This is where you will present an answer to the policy issue at hand. Before you can do this, you will have to decide on what ethical system underlies your analysis. There is no right/wrong system of ethics—choose the one with which you most closely identify. If you are a utilitarian, your stance may be very different than if you identify with ethical formalism or an ethic of care. But, as we know from our class exercises, despite our different ethical systems, we may encounter the same results.

Some topic suggestions: (these are not required; just ideas for you to consider)

1. A policy of racial profiling by police officers to reduce and prevent crime on the streets.
2. The use of plea-bargaining for defendants charged with felonies.
3. The waiver of very young offenders (namely, “kids that kill”) to adult court and making them subject to adult processing and punishment.
4. The use of rehabilitation as the dominant model for corrections.
5. The use of restorative justice programs.
6. The use of “chain gangs,” “tent city,” and other novel punishments and how they impact prisoner rights.
7. Any other current criminal justice policy issue, if approved by me (the death penalty is not an option since we will be discussing this in class)

Please adhere to these directives:

Organization: Title page, Abstract, Introduction, Body of the Paper, Conclusion.

The papers should have a brief introduction, appropriate transitions between topic areas, and a short conclusion. I am interested in each student’s ability to craft an organized approach to an ethical issue in criminal justice. Synthesize the literature on the subject and critically assess the ethical issue.

Substance: Each student should be able to craft a well-reasoned ethical argument. Since we will be addressing “hot” topics of current debate, emotions will run high. However, please try to support your argument with more than just emotion. Where appropriate, essays should draw from course readings, lectures, and discussions particular to the subject matter.

References: Consult at least five (5) outside peer reviewed sources to complete this assignment (the course readings do not count). Please consider the five-source requirement as establishing the baseline; students seeking higher grades are advised to broaden their research.
THESE MUST BE PEER REVIEWED SOURCES

APA citation is an absolute MUST!!


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Law Question

Gamma Ltd agrees with Delta Co on 1 January to build a block of flats,
completion due by 31 December. On 1 June, Delta contracts with
subcontractor Epsilon Co Ltd to provide for the plumbing network within
the block of flats for £3 million, completion due by 30 November. Frank,
the owner of Delta and Harold, the owner of Epsilon, are brothers-in law. By 1 October, it becomes clear to Epsilon that it cannot complete
the work on time. Epsilon estimates that it could never have completed
the work within five months for the stipulated price, and that it should have either contracted for completion within eight months for the
agreed price or should have raised its asking price by £500,000. Frank
agrees to pay Epsilon an additional £500,000 out of his own funds on
the condition that the work is completed no later than 30 November.
Epsilon completes the job on time.

Advise Delta.

RECOMMENDATION:

Attached will found some lectures notes. From outline 1 to 5

  • Please make sure to cite your sources using OSCOLA citation: OSCOLA | Oxford Law Faculty
  • Footnotes count toward the 2,000 word count
  • You do not need to include a bibliography, but if you do it will not be included in the word count
  • OSCOLA citation must be used, with footnotes – a bibliography is not a substitute for OSCOLA citation
  • General guidance on classification (1st, 2:1 etc) can be found in the Student Handbook in the Law Student area of QMplus: Student Handbook 2021-22: Appendix 1 – Department marking criteria (qmul.ac.uk)


English grammar and spelling (make sure to proofread carefully)

 Use of primary sources, mostly cases, for each statement of law made

 Use of secondary sources, such as journal articles and books beyond
the textbooks and case books
 Avoiding sources of limited academic validity, such as Wikipedia and
lawteacher.net

 For essay questions in particular, engaging critically with the question
and the arguments on both sides, rather than simply explaining what
the law is

 For problem questions in particular, applying the relevant principles of
statute law and case law to the scenario, rather than merely noting
them

 Please remember that the Department marking criteria (as shown to
you in lecture and on QMplus) require us to assess course work on
many different criteria, such as clarity of expression, legal terminology,
precision, style and formality of language, structure, etc. Accuracy of
legal analysis and use of case and statute law are not the only criteria
on which marks are given.

– Successfull student has good coherence in the sentences, and insert personal opinion


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Law Question

The purpose of this assignment is to conduct a comparative assessment of the harms that may or may not be prosecuted as a crime. Failure to turn in the assignment will result in zero points being awarded.

Title: A comparative assessment of serious harms that may or may not be prosecuted as a crime

The financial crisis of 2008 caused one of the worst economic downturns in the United States since the Great Depression of the 1930s. Although key actors in major banks and other financial institutions were believed to be engaged in fraudulent mortgage practices that contributed to this financial crisis, to this date, not a single Wall Street executive has been charged and prosecuted for their behavior. Indeed, despite the enormous harm caused by deceptive mortgage practices leading to the crisis of 2008, the fact that nobody from the big banks and investment firms has been punished is not surprising because the vast majority of white collar/corporate criminals never receive a prison sentence. This, of course, contrasts sharply with the response to “street crime” and “drug-related” offenses. To learn more about the banking activities that led to the financial crisis of 2008, watch the PBS Frontline documentary titled: “The Untouchables”: http://video.pbs.org/video/2327953844/ (Links to an external site.)

In 2000, the U.S. National Highway Traffic Safety Administration (NHTSA) contacted both Ford Motor Company and Firestone Tire and Rubber Company about the hundreds of individuals injured or killed in vehicle accidents as a result of defective tires on multiple Ford model vehicles. Upon further investigation, it was found that Ford and Firestone knew about faulty tires and their level of risk; however, they never reported their findings to the NHTSA. Read about the Ford/Firestone story from TIME Magazine: http://content.time.com/time/business/article/0,8599,128198,00.html (Links to an external site.)

After watching the documentary and reading the article, answer the following questions:

For the following questions, please provide one full paragraph (6-8 sentences) for each question:

  1. Based on the information presented in the PBS documentary and the TIME article, describe how the behaviors of corporations, including Ford, Firestone, and the financial institutions on Wall Street, could be understood as crimes whether or not they have been prosecuted? How do these activities differ from those involved in “typical” street crimes?
  2. As shown in the documentary, Senator Kaufman – who spearheaded the Senate’s investigation of Wall Street – was appointed to the office and thus did not receive campaign donations. How might this have influenced his ability to investigate financial crimes? How does this differ from other elected officials?
  3. How does the social reaction to harms caused by “white collar crime” (i.e., from the criminal justice system, the media, and the public) differ from the social reaction to “street crime”?
  4. How do American cultural values (e.g., the American Dream) contribute to the perpetration of white-collar crime? How might these behaviors actually go against American values? Is there a theory in criminology that can be useful in explaining white-collar crime? How has cultural tolerance for white-collar crime changed in the last 10 years since the events described in the two sources?
  5. How have you been affected by white-collar crime? How have these experiences shaped your perception of white-collar crime? In the incredible case that you have not been affected by white-collar crime, describe how white-collar crime has affected a friend or distant family member. If not, describe how white-collar crime can affect society as a whole.
  6. Find a historical account of another white-collar crime using a reputable source for journalism. For example the New York Times, Wall Street Journal, New Yorker, Mother Jones, or the Atlantic. Describe the event and the evidence presented in the article. Was there evidence that a social harm was committed? Please explain.

NOTE on question 6: In prior courses, students have often used sources including fbi.gov, doj.gov, nbcnews.com, Business Insider, Investopedia, or Wikipedia. These are NOT reputable sources for journalism. If you are unsure, email me to see if your source is acceptable.

  1. Compare and contrast the white-collar crimes presented in the PBS documentary and the TIME article with your article. What do all three crimes have in common? How are they different? Based on the evidence presented in all three sources, which white-collar crime caused the greatest social harm?

Paper formatting and delivery

In addition to including the elements discussed above, you must also demonstrate professional writing skills. In order to satisfy this requirement, you must adhere to the following guidelines:

  1. Provide a title page
    1. Center all information on the page
    2. Include the following
      1. A short title for your paper
      2. Your name
      3. Course name and number
      4. Instructor’s name
      5. Date of submission
  1. Include page numbers
  2. Double-space all lines and Justify of Left align the text
  3. Use correct spelling and remove all typographical errors
  4. Use an appropriate font
    1. Times New Roman
    2. 12 point font size
  5. Before submitting your paper, read it closely one final time to check for spelling, typographical, and grammatical errors. Simply spell-checking the document is not good enough.

On the use of references

You do not need to cite the PBS documentary or the TIME article for this assignment. However, you must provide the citation for the historical account of another white-collar crime and any other references you discuss in your assignment. You can use any citation style as long as you remain consistent.

Grading criteria

The grade you earn on this assignment will be based on your effort, thoroughness, clarity, as well as the depth of your responses. Also, be sure to answer every part of each question to earn full credit for each question.


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Law Question

Instructions

You must complete a research paper on a controversial Constitutional Law topic. Your topic was approved with your Week 2 Research Paper Proposal assignment.

Your paper should be no more than 10 pages. Here are some general guidelines when writing your paper:

1. Write an introduction, which clearly identifies the topic of your report and the issues that you seek to illuminate. The introduction should include the thesis or basis of your report, and preview your major points.

2. The body of your report should be dedicated to support your thesis statement with claims gleaned from your research (into what others have written on the topic and data that you have gathered), readings from the course text, discussions, case law and law review articles. All references need to be in Bluebook style; this means that footnotes (at the bottom of the page) are required. (NOTE: if you are not a Legal Studies student, then you may use APA style, which requires endnotes at the end of your report.) Please include at least 8 references to support your paper’s thesis statement.

You must explain the issue, analyze both side of the argument on the issue and discuss the current status of the law. You also need to discuss any current pending cases and unresolved legal questions. Finally, you will discuss how you see the law (statutory and case law) changing on this issue in the future and why.

3. Conclude your report by recapitulating your thesis and explaining in greater detail the significance of your findings. If you would like, include in your conclusion some questions or recommendations about the topic which you’ve written.

I strongly recommend that you proof read your paper several times to ensure that you have no spelling, grammar or punctuation errors and to ensure that your paper flows well and is organized.


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Law Question

Frank J. (“student”) is a student in the Forman County School District (“School district”), where he attended public school from the time he was seven-years-old (grade 2) until present day, when he is a thirteen-year-old seventh grader at Forman Middle School. From his first year in the school district, classroom teachers noticed that Frank had difficulty staying attentive during lectures, and oftentimes became anxious during classroom time. Emails between teachers and administrators at the school indicate that both parties believed that attention issues were affecting Frank’s academic progress, particularly in the area of mathematics. During Frank’s second and third grade school years, his parents attended parent-teacher conferences, during which they requested an evaluation for special education services for their child, hoping to find the source of his lack of academic progress and low grades. With each initial request, the school asked for a written request for evaluation, but Frank’s parents opted not to follow up and a formal assessment did not take place. During both parent-teacher conferences, the school assured Frank’s parents that he was “within the normal range and would likely catch up quickly.” However, Frank’s scores in mathematics continued to decline during grade four, at which point the school and parents agreed to convene an Individualized Education Program (IEP) meeting. The parents were invited to the meeting, along the school’s special education coordinator, school psychologist, and general education teacher. The IEP team collectively agreed to go forward with an evaluation, which the school provided and the evaluator determined that Frank had Attention Deficit Hyperactivity Disorder (ADHD). Over the parent’s disagreement, the school district declined to provide an IEP under the Individuals with Disabilities Education Act, reasoning that Frank “did not need specialized services,” and instead suggested a 504 plan, with the proposed accommodations of extra time on all testing, reduced homework, and preferential seating. In addition, they began pulling Frank out of art class twice a week to attend “tutoring” by a remedial math teacher. Frank initially objected to this because art was one of his favorite subjects, and he told his parents that he felt embarrassed about attending the tutoring sessions. Frank’s math grades continued to decline, and at the same time his language arts scores also began to drop. At the next meeting (504 Plan meeting), one year later at the beginning of his 5th grade year, Frank’s parents again made a request for an IEP based on his declining scores, and asserted that he needed special education services, not just accommodations. The school finally agreed to create an IEP, in part because statewide testing showed that Frank’s math scores had fallen well below average. In addition, both Frank’s parents and teachers were beginning to notice that he was becoming increasingly anxious, frustrated, and distracted with his coursework. As part of the IEP, which Frank’s parents initially agreed to, the school district placed him in a self-contained special education classroom, with an initial teacher-to-student ratio of 5 to 1, but which grew to a 9:1 ratio over the course of the school year (without the agreement of the full IEP team). Frank continued to express to his teachers and parents that he wanted to resume attending more classes with his general education peers, and in response, the school put him back in the regular math class with an in-class teacher’s assistant. At the next IEP meeting (beginning of Frank’s 6th grade year), the parent’s reported that Frank was beginning to dislike school, his scores were still not improving in any measurable way, and the academic and social gap between him and his classmates was growing ever wider. Frank’s parents requested daily math tutoring outside of the school day. The school district refused. Frank and his parents, still feeling that he was not getting enough support, have decided to pull him from Forman and place him in a private school for students with learning disabilities.

Questions: Did Forman Middle School comply with the IDEA? If not, on what grounds? If so, why?


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Law Question

Frank J. (“student”) is a student in the Forman County School District (“School district”), where he attended public school from the time he was seven-years-old (grade 2) until present day, when he is a thirteen-year-old seventh grader at Forman Middle School. From his first year in the school district, classroom teachers noticed that Frank had difficulty staying attentive during lectures, and oftentimes became anxious during classroom time. Emails between teachers and administrators at the school indicate that both parties believed that attention issues were affecting Frank’s academic progress, particularly in the area of mathematics. During Frank’s second and third grade school years, his parents attended parent-teacher conferences, during which they requested an evaluation for special education services for their child, hoping to find the source of his lack of academic progress and low grades. With each initial request, the school asked for a written request for evaluation, but Frank’s parents opted not to follow up and a formal assessment did not take place. During both parent-teacher conferences, the school assured Frank’s parents that he was “within the normal range and would likely catch up quickly.” However, Frank’s scores in mathematics continued to decline during grade four, at which point the school and parents agreed to convene an Individualized Education Program (IEP) meeting. The parents were invited to the meeting, along the school’s special education coordinator, school psychologist, and general education teacher. The IEP team collectively agreed to go forward with an evaluation, which the school provided and the evaluator determined that Frank had Attention Deficit Hyperactivity Disorder (ADHD). Over the parent’s disagreement, the school district declined to provide an IEP under the Individuals with Disabilities Education Act, reasoning that Frank “did not need specialized services,” and instead suggested a 504 plan, with the proposed accommodations of extra time on all testing, reduced homework, and preferential seating. In addition, they began pulling Frank out of art class twice a week to attend “tutoring” by a remedial math teacher. Frank initially objected to this because art was one of his favorite subjects, and he told his parents that he felt embarrassed about attending the tutoring sessions. Frank’s math grades continued to decline, and at the same time his language arts scores also began to drop. At the next meeting (504 Plan meeting), one year later at the beginning of his 5th grade year, Frank’s parents again made a request for an IEP based on his declining scores, and asserted that he needed special education services, not just accommodations. The school finally agreed to create an IEP, in part because statewide testing showed that Frank’s math scores had fallen well below average. In addition, both Frank’s parents and teachers were beginning to notice that he was becoming increasingly anxious, frustrated, and distracted with his coursework. As part of the IEP, which Frank’s parents initially agreed to, the school district placed him in a self-contained special education classroom, with an initial teacher-to-student ratio of 5 to 1, but which grew to a 9:1 ratio over the course of the school year (without the agreement of the full IEP team). Frank continued to express to his teachers and parents that he wanted to resume attending more classes with his general education peers, and in response, the school put him back in the regular math class with an in-class teacher’s assistant. At the next IEP meeting (beginning of Frank’s 6th grade year), the parent’s reported that Frank was beginning to dislike school, his scores were still not improving in any measurable way, and the academic and social gap between him and his classmates was growing ever wider. Frank’s parents requested daily math tutoring outside of the school day. The school district refused. Frank and his parents, still feeling that he was not getting enough support, have decided to pull him from Forman and place him in a private school for students with learning disabilities. Questions: Did Forman Middle School comply with the IDEA? If not, on what grounds? If so, why?


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Law Question

I am attaching the Outline & the Annotated Reference Page I have done already (each one with a feedback I received from my instructor). Please read them very closely and then work on the Final Paper and Presentation.

The final paper (Word) must:

  • Include a title page, abstract and references page (APA format),
  • Be a minimum of 1900 words (NOT including title page, abstract, or references) with the word count listed on the bottom of the paper. Papers that do not meet the minimum requirements will have points deducted.
  • Be double-spaced, use 12-point font (preferably Times New Roman), and have 1-inch margins.
  • Be saved as .doc or .docx and submitted electronically through Canvas, using Turn ItIn (plagiarism detection software). Any other format cannot be evaluated by Turn ItIn.
  • A minimum of 5 sources will be required for the paper.
    • At least 2 news articles (not Op-Eds) and 3 academic journals.
    • While the paper only requires the use of 5 sources, the use of additional sources is encouraged. Generally, the more students read about a topic, the easier it will be to write the paper.
    • These 5 references cannot be ones used in lecture already. If you want to include lecture sources in your final paper, they will have to be in addition to those you find independently.
    • Websites are NOT an acceptable source of information and Wikipedia may not be used under any circumstances.

Grading of the final paper will be based on:
• Structure and Organization– the paper meets the required minimum length, and is well organized. The sequence of thought is logical, and all areas are unified. Conclusions are clearly identifiable and well-developed.
• Language – i.e. clarity of the written presentation, the effort an insight demonstrated by the student in reviewing the literature and evaluating it, the quality of the written analysis undertaken and the overall writing structures.
• Content – i.e. strengths of conclusions drawn, and the insight demonstrated with respect to the recommendations for changes in policy or the need for future research, use of empirical evidence.
• Spelling, punctuation and grammar – the paper contains no major errors in these areas.
• Format – the paper contains proper formatting and all sources are cited and referenced correctly according to APA formatting.
• Use of sources – i.e. the quality of resources consulted.
• The attached rubric will break down the assessment further. Keep in mind, the rubric is not used to grade, only generally assess.

Regarding your research papers: think about them more in the context of doing a literature review. You are NOT writing a research proposal (as if you are going to do a study) – rather, you will be reviewing the research which has ALREADY been done on your selected topic and report it in your paper. This also should NOT be just a long essay on a topic/fact – and, it should NOT be a lengthy reflection paper. You need to remove yourself from the paper, and write as if you are purely there to advance your concerns/arguments, convey prior research relating to those points, and, piece it all together. That is not to say your opinions do not belong; to the contrary, they are critical. However, a research paper should focus more on the evidence, how it relates to your arguments and conclusions, and where you think the issue(s) might be headed in the future. You MUST have a thesis (stance you are defending) and will need to show/use your analytical ability. Compare and contrast, make an argument, discuss cause and effect, etc.

Rubric:

Written Communication Rubric

Criteria Ratings Pts

This criterion is linked to a Learning Outcome

Content Assessment Points

3 pts

Outstanding

Covers topic in depth; assertions clearly supported by evidence.

2 pts

Satisfactory

Adequately covers topic; assertions mostly supported by evidence.

1 pts

Unsatisfactory

Fails to cover topic; fails to support assertions with evidence.

0 pts

Incomplete

3 pts

This criterion is linked to a Learning Outcome

Organization

3 pts

Outstanding

Writing is clearly organized around a central theme, with appropriate beginning, development, and conclusion; paragraphing and transitions are also clear and appropriate.

2 pts

Satisfactory

Writing demonstrates some grasp of organization, with a discernible theme and supporting details.

1 pts

Unsatisfactory

Writing is rambling and unfocused; no transitions or logical flow between ideas.

0 pts

Incomplete

3 pts

This criterion is linked to a Learning Outcome

Language/Grammar

3 pts

Outstanding

Wide variety of sentence structures; excellent word usage, spelling, grammar, and punctuation.

2 pts

Satisfactory

Some sentence variety; writing is relatively free of errors in word usage, spelling, grammar, and punctuation.

1 pts

Unsatisfactory

Oral rather than written language pattern; significant deficiencies in word usage, spelling, grammar, and punctuation.

0 pts

Incomplete

3 pts

This criterion is linked to a Learning Outcome

Use of Sources

3 pts

Outstanding

Sources used to support and inform, rather than substitute for, writer’s ideas; uses quotations judiciously.

2 pts

Satisfactory

Cites important and relevant sources; uses quotations judiciously.

1 pts

Unsatisfactory

Neglects key sources; overuses quotations or paraphrases as substitute for writer’s own ideas.

0 pts

Incomplete

3 pts

Total Points: 12

_____________________________________________________________________________________

_____________________________________________________________________________________

Final Presentation: (PowerPoint & Content to help me through it) / This can be delivered after two or three days after you deliver me the Final paper.

Students will be given a 60 minute window to set up, present, and answer questions. Students will also be allowed to discuss final grades or other issues within the meeting time. The presentation itself should only be 8-10 minutes. While students are expected to share their slides via Teams, the slides also must be submitted to Canvas directly on this assignment.

Your presentation will be evaluated using the following criteria (see rubric for more details):

Organization:

  • Clear thesis, build of information, argument, and conclusion.
  • I should be able to follow your line of reasoning.

Presentation Style:

  • This refers to how you present (not the slides).
  • Do not read your paper/slides verbatim!
  • Good speaking pace and confidence is key!

Depth of content:

  • Have and display a strong knowledge of the subject.
  • You should be able to answer questions and elaborate on information with ease.

Communication aids:

  • Your slides should help guide your presentation, not dominate it.
  • They should be easy to read and follow, but they shouldn’t have everything you plan to say on them.
  • Include the appropriate citations.

Use of language:

  • Use complete grammatically correct sentences.
  • Avoid verbal pauses (um, uh, like, okay, etc.) – Silence is fine if you lose your place!

Personal appearance:

  • Treat this as if you were doing an interview. I don’t expect suit and tie, but I do expect students to be dressed and groomed appropriately. Business casual is perfect.
  • Also, I will ask you to stand in full view of the camera, so please don’t wear shorts or sweatpants just because you don’t expect them to show up on camera.

Rubric

Oral Communication Rubric

Criteria Ratings Pts

This criterion is linked to a Learning Outcome

Organization Assessment

3 pts

Outstanding

Presentation is clear, logical, and organized. Listener can follow line of reasoning.

2 pts

Satisfactory

Presentation is generally clear and well-organized. A few minor points may be confusing.

1 pts

Unsatisfactory

Can follow only with effort because student jumps around. Some points are unclear. Organization seems haphazard.

0 pts

Incomplete

3 pts

This criterion is linked to a Learning Outcome

Style Assessment

3 pts

Outstanding

Presentation is a planned conversation, paced for audience understanding; NOT a reading of a paper. Clearly comfortable presenting material and can be heard by all (technical difficulties aside).

2 pts

Satisfactory

Pacing sometimes too fast or too slow. Presenter seems slightly uncomfortable at times and audience sometimes has troubling hearing them (technical difficulties aside).

1 pts

Unsatisfactory

Much of presentation is read. Presenter seems uncomfortable and can be heard only if listener is very attentive.

0 pts

Incomplete

3 pts

This criterion is linked to a Learning Outcome

Depth of Content

3 pts

Outstanding

Provides accurate and complete explanations of key points in own words; demonstrates full knowledge of subject matter by answering all questions with explanations and elaboration.

2 pts

Satisfactory

Provides accurate explanations of key points, using mostly own words; can answer most questions but no elaboration.

1 pts

Unsatisfactory

Explanations of key points are inaccurate or rely on reading directly from source material; presenter is uncomfortable with information and is able to answer only simple questions.

0 pts

Incomplete

3 pts

This criterion is linked to a Learning Outcome

Communication Aids

3 pts

Outstanding

Communication aids (e.g., slides, whiteboard, etc.) enhance the presentation without dominating it; visual aids are professionally prepared or presented so that they are seen and understood clearly by audience.

2 pts

Satisfactory

Communication aids contribute to the quality of the presentation; appropriate information is included.

1 pts

Unsatisfactory

Communication aids are poorly prepared or used inappropriately. Too much information is included; unimportant information is highlighted. Materials are too small to be seen by audience.

0 pts

Incomplete

3 pts

This criterion is linked to a Learning Outcome

Use of Language

3 pts

Outstanding

Sentences are complete and grammatical; words are chosen for their precise meaning. Oral and body language are free from bias.

2 pts

Satisfactory

For the most part sentences are complete and grammatical; with a few exceptions, words are chosen for their precise meaning. Oral and body language are free from bias.

1 pts

Unsatisfactory

Listeners are distracted by grammatical errors; sentences are incomplete or halting; vocabulary is inappropriate. Oral and body language include some identifiable bias.

0 pts

Incomplete

3 pts

This criterion is linked to a Learning Outcome

Personal Appearance

3 pts

Outstanding

Personal appearance is completely appropriate to occasion and audience.

2 pts

Satisfactory

Personal appearance is generally appropriate to occasion and audience, but some aspects of appearance reflect a lack of sensitivity to requirements of occasion or expectations of audience.

1 pts

Unsatisfactory

Personal appearance is completely inappropriate for the occasion and audience.

0 pts

Incomplete

3 pts

Total Points: 18

Kindly carefully read instructions and rubrics and kindly follow them.

Let me know if you have any questions.




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Law Question

Write essays for the following fact patterns. Do this work WITH the assistance of rule statements. Focus on the Analysis portion of the IRACs: connecting facts to the elements of the rules, explaining that connection, and arguing both sides whenver possible.

QUESTION 1

Al and his wife Bobbie owned a laundromat and lived in an apartment above it. They were having significant financial difficulties because the laundromat had been losing money.

Unbeknownst to Bobbie, Al decided to burn the laundromat down in order to obtain insurance proceeds. He contacted Ted, who had a reputation for being available to do “odd jobs.” Ted agreed to set fire to the laundromat the next day for 20 percent of the insurance proceeds. Al told him that he would call him once everyone was out of the building.

The next day, Al invited Bobbie out for a walk. While she was getting ready, he checked the laundromat, found no one there, and called Ted. While Al and Bobbie were out walking, Bobbie mentioned that, just as she was leaving, her brother Brad had come by the apartment unexpectedly and was napping on their couch. Al rushed to call Ted. When he could not reach him, he made an anonymous call to 911 to report a possible fire at the laundromat.

In the meantime, Ted started a fire that quickly engulfed the laundromat and the apartment and killed Brad. After learning of Brad’s death, Al decided not to file a claim for insurance proceeds.

With what crimes, if any, could Al be charged and what defenses, if any, could he assert? Discuss.

QUESTION 2

Dede attends college with Alex, Betty, and Carl. One day, an argument that she was having with Alex, her ex-boyfriend, became heated. The argument occurred in a very crowded college lecture hall between classes. During the argument, Dede picked up a heavy textbook and threw it at Alex. Alex shielded his head with his hands and ducked. The textbook missed Alex, but it hit Betty, who was standing behind Alex. The impact fractured Betty’s nose. Enraged at missing Alex, Dede then picked up another textbook and threw it as hard as she could into a crowd of students gathered nearby. This second textbook struck Carl, who was standing in the crowd. As a result, Carl suffered a bruised rib.

What intentional tort claims, if any, do Alex, Betty, and Carl have against Dede?

Discuss.


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Law Question

This assignment is about responding to the (student 1 and student 2) discussion post.

Word limit 150

Student 1

Hello Classmates,

In 1981, a woman in Dallas, Texas was raped and robbed in her apartment by a male African-American man. Biological evidence was collected from the victim and she also got a glance of the perpetrator but was not wearing glasses at the time of the incident. The police showed the victim a lineup of suspects which included Charles Chatman, to which the victim identified as the offender. The public defender contacted Mr. Chatman only one day prior to trial and during the trial, a serologist testified regarding the testing conducted at the Southwest Institute of Forensic Sciences of the evidence from the case.

The analyst attested that the seminal fluid from the victim was of a type O secretor and that Mr. Chatman was also a type O secretor, excluding the fact that 40% of black men secret the same type (Innocence Project, 2021). The jury found the testimony from this forensic expert witness to be proper and based on scientific methods (Innocence Project, 2021).

What is interesting is that the victim heard a car drive off after the perpetrator escaped and that the defense argued that Mr. Chatman did not own a driver’s license let alone know how to drive, and was working at his maintenance company at the time of the crime. Mr. Chatman was convicted and sentenced to 99 years in prison following the trial.

Texas passed a law in 2001 to allow DNA testing for the potential to prove convicted offenders’ innocence (Davis, Auchter, Wells, Camp, & Howley, 2020). In 2008, the newly assigned judge to Mr. Chatman used court funds to pay for DNA testing of the original semen with negative results, thus exonerating him from all charges (Innocence Project, 2021). He had served more than 26 years in prison until this time, for a crime he did not commit as proved by DNA evidence.

There are countless cases like Mr. Chatman who has been wrongfully convicted and sentenced before the advancement of science in DNA testing. There have been 325 DNA exonerations in the U.S. of cases of innocent people that were wrongfully convicted and served time in jail from 1989 to 2014 (West & Meterko, 2016). I hope that science improves and continues to serve as solid evidence to convict criminals and dismiss charges of those that are innocent.

Davis, R. C., Auchter, B., Wells, W., Camp, T., & Howley, S. (2020). The Effects of Legislation Mandating DNA Testing in Sexual Assault Cases: Results in Texas. Violence Against Women, 26(5), 417–437. https://doi.org/10.1177/1077801219838330 (Links to an external site.)

Innocence Project. (2021). Charles Chatman. Innocence Project.org. https://innocenceproject.org/cases/charles-chatman (Links to an external site.)

West, E., & Meterko, V. (2016). Innocence Project: Dna Exonerations, 1989-2014: Review of Data and Findings from the First 25 Years. Albany Law Review, 79(3), 717–795. https://eds-a-ebscohost-com.vlib.excelsior.edu/eds/pdfviewer/pdfviewer?vid=1&sid=1c2c2114-82d8-4ace-ac81-89b58348f2fc%40sessionmgr4007 (Links to an external site.)

Student 2

Hello Classmates,

The case provided in the link below from The New York Times, whom Horace Roberts, was convicted of second-degree murder in the state of California in 1999 (Garcia, 2018). According to The New York Times, Roberts was convicted of killing Ms. Cheek who he allegedly was having an affair with at the time and was a co-worker at a nearby business (Garcia, 2018). The victim (Ms. Cheek) was found along Interstate 15 in the vicinity of Lake Corona, California (Garcia, 2018). What brought on a conviction by jury, which Mr. Semanchik states in the article, is contributed to a truck Ms. Cheek use to borrow, lies Roberts told in a police interview of the affair, and an alleged watch owned by Roberts found at the scene (Garcia, 2018).

My take is that there was a lack of DNA collection and analysis experience in the 90s causing a deficiency in DNA retrieved. With this deficiency in DNA evidence collected, the problem lies within the experience level or lack of effort to investigate further. Thanks to the Innocence Project and Mr. Semanchik willing to take the case, further DNA was collected that connected DNA to a Mr. Leal whom is a nephew to Mr. Harris, Ms. Cheek former husband (Garcia, 2018). Mr. Roberts spent 20 years in jail and later was finally exonerated from this crime due to new DNA evidence found from material collected.

Forensics played a significant factor in the exoneration of Roberts in Ms. Cheeks murder case. If it was not for the non-profit organization of Innocence Project, Mr. Roberts may have not seen another free day in his life. The Innocence Project states that of 2020, there have been 375 exonerees, in which 21 have served on death row, and 44 pled guilty to a crime they did not commit (Innocence Project, 2020). This is where I appreciate Mr. Hunt the most from the last discussion. With the coercion, racism, and lack of evidence, Mr. Hunt kept his integrity to claim his innocence’s and stand up for his rights and the rights that are entitled to each American written in the U.S. Constitution.

Garcia, S. E. (2018, October 16). DNA evidence exonerates a man of murder after 20 years in prison. Retrieved April 23, 2021, from https://www.nytimes.com/2018/10/16/us/20-years-exonerated-dna-prison.html#:~:text=DNA%20Evidence%20Exonerates%20a%20Man%20of%20Murder%20After,Project%2C%20via%20Associated%20Press%20By%20Sandra%20E.%20Garcia (Links to an external site.)

Innocence Project. (2020, June 18). Research Resources. Retrieved April 23, 2021, from https://innocenceproject.org/research-resources/#:~:text=DNA%20exonerations%20represent%20only%20a%20portion%2C%20about%2015%25%2C,these%20exonerees%20had%20previously%20been%20sentenced%20to%20death

*****Please see questions below and attachment for guidance on the question that both students are responding to.

“45% of DNA cases involved the misapplication of forensic science.”
~ Innocence Project

download

Arizona State University faculty and students are at the leading edge of using DNA forensics: How Criminal Justice is Evolving with DNA. (Links to an external site.)

Typically, criminal history records are used to identify repeat sexual offenders, but biological evidence in sexual assault kits provides another way to study how often reported sexual offenders to commit additional sexual assaults by linking DNA across multiple cases to the same perpetrator: Connecting the Dots: Identifying Suspected Serial Sexual Offenders Through Forensic DNA Evidence. (Links to an external site.)

The Center for Evidence-Based Crime Policy at George Mason University discusses DNA and police investigations: DNA for Police Investigations. (Links to an external site.)

A review of erroneous convictions that involved forensic science can help identify critical lessons for forensic scientists as they perform testing, interpret results, render conclusions, and testify in court: Wrongful Convictions and DNA Exonerations: Understanding the Role of Forensic Science. (Links to an external site.)

View the following videos and then locate an example of a criminal case (local, state, or federal) where DNA was used to either convict or exonerate a person, accused of a crime.

Why We Can’t Always Trust DNA Evidence
Closed Captioned
Time: 0:4:36

How DNA Solved Green River Killer Case
Closed Captioned
Time: 0:4:13

Once you have located an example of a criminal case where DNA was the main evidence leading to the conviction or exoneration of the defendant, share a link to your case and address the questions below. After you have posted about your case, be sure to review at least (2) of your classmate’s cases and provide an analysis of the cases using the material provided in the videos and readings and other academic material related to this topic.

  1. Provide a summary of the case to your classmates – include what the person was accused of, what city/state the crime allegedly occurred in, what forensic issue was used in court, and what the final determination was (guilty or innocent).
  2. Discuss how big a part forensics/DNA played in the guilty verdict or acquittal.
  3. Was there a forensic expert witness? If so, was the individual’s testimony convincing?



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Law Question

This assignment is about responding to the (student 1 and student 2) discussion post.

Please see attachment for guidance on the question that both students are responding to.

Word limit 150

Student 1

Hello Classmates,

I have learned a number of things from this video: Darryl Hunt was wrongfully convicted of a crime he did not commit; lack of credible witnesses utilized; lack of quality investigations; lack of professionalism by employees in the prison; coercion from the prosecutor to manipulate the trial; twisting the truth by dismissing credible evidence; evidence destroyed from the Brown case; and just the sheer ignorance of numerous players involved of how racism was a major factor in decisions that were being made.

Two things shocked me the most from this video. 1) At the beginning of the video the mother stated that she “thinks” Darryl Hunt is the right guy; 2) How can any professional lawyer, judge, or any other law enforcement practitioner allow bias witnesses partake in the trial – this greatly diminishes the integrity of our due process system and one’s inherent right for a fair trial.

It is hard to explain the behaviors of the different parties other than racism being at the forefront of the bias individuals mind. I believe that coercion played a significant role in which prosecutors used unreliable witnesses and instilled fear of reprisal if they did not twist the truth in their favor. The unprofessionalism in the prison guards who attempted to make deals with prisoners to end Hunts life could be nothing more than racism and an attempt to gain control of the prison. There definitely seemed to be a division in the community. Some sought justice and only wanted to hear what they were willing to listen to and others sought justice for the truth. Personally, if this was my daughter, I would want the truth and fight my way to the end of the earth to get it and not just settling for “I think” this is the right guy. All law enforcement practitioners must use evidence and facts to solidify their conclusion. If there are assumptions looming, evidence must be used to turn those assumptions into facts.

From an ethical perspective racism played a significant role in the initial outcome of the case. All evidence was not used in the case and from my perspective, would have had a different outcome if it was considered. I believe there were numerous ethical violations from investigators to lawyers by twisting the truth and persuading witnesses what to say on the stand.

Our mind can play tricks on us. One article states, “In fact, forensic psychologists ask witnesses not to tell anyone about what happened in an attempt not to contaminate their memories” (Exploring Your Mind, 2018). Furthermore, “Normally, a person usually only manages to register 20% of what they see. In the case of eyewitnesses, this percentage is even lower. That is because the eyewitness was not expecting the thing to happen and the incident usually happens very quickly” (Exploring Your Mind, 2018). To this end, we must trust what evidence is gathered, investigated, and use credible information to confirm a witness’s testimony.

Exploring Your Mind. (2018, August 31). What witnesses remember: The quality of memories. Retrieved April 23, 2021, from https://exploringyourmind.com/what-witnesses-remember-quality-memories/ (Links to an external site.)

Stern, R. & Sundberg, A. (2005). The trials of Darryl Hunt. [Video File]. Pluto TV. https://pluto.tv/on-demand/movies/the-trials-of-darryl-hunt-2005-1-1S

Student 2

Hello,

Something that was really shocking to me was the fact that with the one guy being on death row they told him basically that if he told them Sammy committed the crime they would pay him and he could potentially get out of this situation (The Trials of Darryl Hunt, 2006). I also find it alarming that we have at times convicted or been convicted someone is guilty all based on what a person may or may not have seen. We all want to be right at times and especially when we feel like we are going to help get a “bad guy” in prison. However, there definitely needs to be more evidence than this to prove someone is guilty. It is also important that the eye witness testimony is not used to connect other evidence. The other evidence is supposed to be examined separately by someone who has no idea the other facts of the case to prevent this.

Part of the explanation for the behavior by law enforcement and even the public could be the fact that when crimes as horrible as the one in the video are committed there is a push to find the killer. The public would be quick to accuse someone because of the fact that they would be afraid for their friends or their families that live in the area. As for police they would be feeling this pressure from the public but also some of the officers may be members of the community themselves. It could also be the case that law enforcement are feeling the need to complete their job by arresting and having someone locked away (case closed). The courts would also be feeling this pressure from the police to get the accused convicted and sent to prison in a timely fashion.

The largest ethical problem being faced in this situation is that a man was sent to prison for a crime that he did not commit. There could also be a stereotype or bias at play. If the people who are not guilty are being sent to prison the next dilemma is how to get them out and what the rest of their life will look like. In a class at my four-year school we talked about the Central Park Five and how their lives were changed forever. The public for the longest time did not view the boys as innocent even though they had nothing to do with the rape and murder of the victim.

We as humans are not perfect and often times make mistakes. When people are put into a situation like seeing a woman who is being murdered they believe they have seen everything when in reality it may have been distorted. The time between the event that was witnessed and the time that the witness describes what they saw also makes a huge difference in the accuracy. One of the types of issues that can be seen is something called the misinformation effect. The misinformation effect occurs when police for example may offer (unintentionally or intentionally) some kind of misleading question that can cause some confusion or even pollute the persons memory (Laney & Loftus, 2008). This is a good example of what happened in the video because they said Darryls photo was different from the others (The Trails of Darryl Hunt, 2006). Law enforcement must also keep in mind that when people are in the fight or flight mode which is probably the case when a person witnesses someone being murdered for example, the body is not focused on senses like sight and sound, but more like running or fighting for your life.

References

Laney & Loftus. 2008. Eyewitness Testimony and Memory Biases. NOBA Project. https://nobaproject.com/modules/eyewitness-testimony-and-memory-biases (Links to an external site.)

Unknown. 2006. The Trails of Darryl Hunt. Documentary. Pluto TV. https://pluto.tv/on-demand/movies/the-trials-of-da…


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Law Question

Module 01 Content


  1. Purpose of Assignment

    This assignment will use interview information to apply the basic law of contracts to a case.

    Competency

    Determine the validity of contracts.

    Scenario

    Paralegal Helen Davis greeted them after they talked to the attorney.
    June stated:“We are supposed to tell you basically what happened. The guy, Leo, owner of River Way Construction of Your Town, Your State, USA, said he would re-roof our one-story house for a lower price than what anyone else bid. We showed him a bid from Rite Fix Construction and that was what we thought was a good bid, but he seemed to study if for a while and smile. We didn’t know why he smiled, but we think we do now!”
    Helen, “What happened?”
    Ron, “Leo said he and his River Way crew would do the roof for exactly $6,500, which was $800 less than the Rite Fix written bid. A neighbor witnessed this statement and that he was looking at the Rite Fix bid when he said it. The Rite Fix bid included soffits and fascia.”
    June, “Anyway, we are not satisfied about how this worked when we saw how he did it. The roof is not just exactly what we wanted and the soffits and fascia were not done, unlike the other contractor’s written bid. We should have had him do his own bid, but he just started work right away and we were so busy, we forgot. Trusting, I guess. So, what do we have to do?”
    Helen stated, “I am here to gather information, not to give advice. I will report to the lawyer, Bridget Johnson, and make a new appointment for you to visit Ms. Johnson about this.”
    They went on, both talking at once, but what they stated was roughly this:
    The soffits and fascia are not done and he won’t come back and do them. Helen, “What about the roof? Was a good steel roof put on?”“Yes.”“Was it about the same quality?”“Yes.”Ron, “We aren’t paying the labor and materials invoice he sent. We forget which is soffits and which is fascia, but they are below the roof and we wanted them done at the time the roof was done.”
    June, “Or, anyway, even if not, it is what he said he would do. Well, he said “roof” but he meant to match the bid, but at a lower cost. The first lawyer we talked to, on the phone, not in person, said we had a case, but didn’t take the case, so I suppose that’s no good, anyway.”
    Ron, “Our neighbor Dan Webster was with us for the whole time we talked to Leo, so I am guessing he might be a kind of witness, but he didn’t sign as a witness, just heard it all.
    So, does that count? Never, mind, you said the lawyer has to decide. I see you are ready to ask for more, but we have to run.Bye.”
    June, “By the way, Leo left a major mess for like two weeks before he cleaned up. The bid from the other guy said the mess would be removed in one week or less.”

    Instructions

    By submitting your assignment to this dropbox you agree to abide by the Academic Misconduct Policy set forth in the course syllabus. You acknowledge that your failure to do so could result in being expelled from the course.
    Do not repeat the directions or questions in your paper.
    Based on the client interview about an oral contract, complete the following:

    1. In your own words, why might an attorney recommend that an oral contract be put in writing even when an oral one is valid and there are plenty of witnesses to the terms? Use the lesson notes. Comment personally on the transcript of the client interview. How do you feel about the way Helen, the paralegal, did this interview? What would you change?
    2. If you were the interviewer, would you use a printed intake form and mark with handwriting? What other method might you use to make notes?
    3. Recommend three, open-ended questions to ask the client at a follow up interview and two questions asking for documents.
    4. Based only on what you know so far, was the oral agreement based on a complete offer or incomplete offer? Argue both sides, based on the lesson notes. Specify areas of uncertainty.
    5. To bolster your answer
    6. Lesson content

      Module 01 Real Legal Offer


      • The basis of a contract is a legal offer.

        1. A complete legal offer contains:A promise of future performance
        2. A description of what each side gets
        3. A way to determine when each side has to perform

        If the offer is accepted, it immediately becomes a contract that is enforceable in court. An example is a clothes washer purchased on a “rental with option to buy” or “rent to own” plan. The seller has to deliver the washer described in the contract at the time of the contract. There cannot be uncertainty about which item is being sold. The time of delivery should be specific as well. (There may be a few days of leeway on delivery). The offer dollar amount needs to be filled in. The exact times of payment need to be covered in the offer.


      • Bargaining Offer is Not a Legal Offer

        Unfortunately for beginners to contract law, the term “offer” is often used by business people in a very informal and different way than the law uses the term. A business person could “offer” to sell the washer at 10% off if the buyer agrees to also purchase one of the floor model clothes dryers. This use of the term “offer” mixes and muddles the legal sense of the term. Do not get confused by the informal bargaining sense of the term “offer” while working on contract law matters! Keep testing every offer by asking if a judge could enforce it if it was simply accepted exactly as it was stated. Ask yourself: Does it leave uncertainties that a judge would not accept? Can you imagine a judge trying to guess which dryer was meant and how much the price would be if the person had accepted that offer?
        Note that throughout this Module we will be frequently referencing Restat.2d of Contracts. Please navigate to the specific sections identified from the Table of Contents. This section is referencing Restat. 2d of Contracts, sec. 24, and it covers offers.


      • Enforceable Offer: Price, Consideration, and Sufficient Terms

        Imagine that Bill wants to be hired by Ron and June to paint their house. All of the terms are oral except for a brief unsigned bid that is not a complete sentence: “Paint Ron and June’s siding on their house, $1500 for labor, homeowners to pay for supplies, to be completed this summer.” The rest of the terms are oral and include information such as it is a workmanlike job, Bill is to scrape and paint with a primer and finish coat, he must use the paint that Ron and June choose, and Bill needs to bring his own ladders.
        A writing that is not complete may be part of an oral offer. Bill’s oral offer was complete and became a contract. Oral offers are often complete and become a contract when the other side accepts the offer. Any part of the offer that is in writing is “a writing.” Writings that are complete in themselves can become written contracts. Written contracts including ones made out by an attorney and signed and ones that are made by two or more writings will be explained more in later modules of the course.
        A writing may be used to show some of the contents of an oral contract or offer. The partially done bid is an example of one done before the performance. A payment or partial payment by check, an invoice or statement may also be used. In fact, many states allow a contract to be proven by an “undisputed account stated” meaning an invoice was sent and no dispute of it was made in a reasonable time. “An account stated is prima facie evidence of the accuracy and correctness of the items noted thereon, as well as the liability of the party against whom the balance refers” Erickson v. General United Life Ins. Co., 256 N.W.2d 255 (Minn., 1977).
        The common law does consider this services contract offer to be enforceable if accepted by Ron and June. It is partially due to the nature of the services offered. An exact time of performance, or painting, is not possible in most climates due to rain, wind, or other conditions. A judge can use common practices as part of the guidelines on how much needs to be specified. Although some contracts need to have all the key terms in writing, this one can be oral or partly oral since it is a service contract that can be completed in one year. Restat. 2d of Contracts, sec. 110 explains the times when a writing is or is not needed.


      • Offer: Accepted by Promise

        Technically, the offer above was made by Bill, the painter. If he is not paid until he is done with the job, Ron and June would accept the offer by promise, saying, “We accept.” That also fulfills something called the mirror image rule. They have to accept the exact offer; they cannot change it. If they change it, they fail to meet that rule.What if Ron and June say, “We will hire you to do that, at that price, but only if you also stain our deck”? That fails the mirror image rule. They promised something different than what was offered. No contract was made. Restat. 2d of Contracts, sec. 50 gives two options for accepting: by promise or by performance.


      • Offers: Accepted by Starting Performance

        Bill responds to the bargaining of Ron and June like this: “I will add the deck to the job but for an additional $600. I will also I will replace the two bad boards before I stain it.” That is called a counteroffer, since he did not accept what Ron and June said to him.
        Finally, Ron and June say, “Okay, $2,000 for the siding and the deck, with replacement of the two bad boards. The rest of the details are as we discussed, which are on your bid. Think it over. If you start work within a week, you have accepted our offer.” Bill starts work the same day! He has accepted the offer by starting to perform. Restat. 2d of Contracts, sec. 50.


      • Written Offers Favored by Attorneys


        There could be a breach of contract, which is a failure of one side to keep the promises made. Most of the time, all of the people who made promises will tell the whole truth in court as they remember it. Almost everyone has heard of times when people lie in court, but generally those times involve love, hate, death, large sums of money, or long-term imprisonment. People who dispute contracts are generally not desperate enough to risk a perjury charge. There are also many incidents where contracts, although not in writing or fully in writing, have witnesses of the promises. There are often also witnesses that performance has been made. For example, as Bill is painting outside, neighbors may see him do so. A check may be written to Bill for half of the payment and that becomes proof that there was a contract as well as the price.Despite the truth-telling tendencies of people and the ability of judges to sort facts should a dispute go to court, attorneys favor getting it all in writing, even when oral contracts are fully enforceable. Why? People die, people may forget details, and people may not need to go to court if the entire accepted offer (contract) is fully in writing and signed.
        Lawyers also make promises that are an “implied agreement” in their attorney client relationship with anyone who seeks legal advice. The lawyers may not specifically promise to each client to follow the ethical code, but those promises are a part of every agreement to perform services, by law.
        The promise is to do their best in not just applying the law to the facts but to protect the client’s legal and financial interests by being careful. Rule 1.1 and Rule 1.3 of the ABA Model Rules of Professional Conduct provide for competence and diligence. Attorneys make a clear choice against advising clients to use an oral contract and advise using a written contract. There is a good chance to win in court, if the parties remember all the terms. But, it is much better to win without even having to sue. If the terms are in writing and clear, court cases are normally not needed. People do not want to go to court.
        Lawyers also are usually prudent. They wish to avoid having to pay a large deductible and added future insurance premiums for their malpractice insurance if they are found to have been negligent. They should hire a good proofreading paralegal to make sure contracts are complete, clear, readable, and grammatical.


    Download Application Table

    • Use and complete the application table to compare incomplete and complete offers and identify characteristics of a complete offer. This partially completed table will help you to apply facts of the assignment scenario to legal issues, facts, and cited authority from the readings.
    • Quote and cite a portion of this week’s online lecture notes as authority. Copy and paste the table below your answers.

    Format:

    • Your paper should be 3 – 5 pages in length, with at least three (3) references and formatted according to Bluebook standards. You may use and cite the lesson notes as well.


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Law Question

The identity of Aboriginal people, whether citizens or non-citizens, is shaped by a fundamental spiritual and cultural sense of belonging to Australia. It is that identity which constitutes them as members of the Australian political community. At Federation that identity limited the reach of the aliens power in s 51(xix) of the Constitution, preventing the fragmentation of the political community and the stripping of that Aboriginal identity. It would be bizarre if the evolved application of the aliens power could do so today.

Edelman J in Love v Commonwealth [2020] (p391)

“Objections that [Love v. Commonwealth] introduced a new, race-based distinction into the Constitution are misplaced. Such race-based distinctions already exist in the Constitution’s text and operation.”

Shireen Morris “Love in the Hight Court: Implications for Indigenous Constitutional Recognition” 2021 Federal Law Review

In Love v. Commonwealth; Thoms V Commonwealth [2020], the Court found that the word “Alien” in s51(xix) has a Constitutional meaning that is beyond the scope of the Parliament to determine. What does this case say about the place of Indigenous people in the Constitution and what is the impact of this decision on arguments in favour of enshrining a First Nations Voice in the Constitution?

Refer to the Subject Outline for more information.

Rubric

Criteria Ratings

This criterion is linked to a Learning OutcomeWell-developed Introduction

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeResponds to the question / Interpretation of task / Understanding of the topic

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeClearly signposted structure

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeDevelops a logical, succinct and persuasive argument

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeDemonstration of research skills / Breadth of research

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeDiscusses issues and proposes answers / Engagement with relevant topics and consideration of their relationship

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeAdequate use and evaluation of relevant scholarly journal articles

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeUse of relevant cases

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeDemonstration of critical analytical skills

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeDepth of analysis

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeIndividual perspective and insight

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeSpelling, grammar, syntax and style

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory

This criterion is linked to a Learning OutcomeCorrect citations / AGLC4 / Referencing in footnotes and bibliography

Excellent

Very good

Satisfactory

Needs more work

Unsatisfactory


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Law Question

General Requirements

    • You are required to write a research paper about a specific issue related to the field of comparative politics.
    • The paper must be your original work. It should have not been used in any previous or current class or for any purpose.
    • Some Recommended Topics
        • global/regional poverty and inequality,
        • human migration and trafficking,
        • global/regional trade, economic warfare,
        • democracy and dictatorship
        • regional conflict
        • sustainable development, population issues,
        • resource scarcity,
        • terrorism, etc
    • While you are free to select your own research paper topic, I would recommend that you contact me to make sure that your topic is relevant.
  • Comparative Politics Perspective
      • Regardless of your topic, your paper should have a comparative politics perspective, involving more than one country. It should also include an analysis of the relevant social and political factors of the countries involved in the issue.
      • NOTE: While all topics are broad, your research paper analysis should be specific. For example, if you select human migration and/or trafficking, your paper should analyze specific cases involving migration/trafficking (case studies), which may include specific regions, time-frame, and/or other specific factors.

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Research Paper Structure

  • The paper should follow a traditional essay structure, comprising introduction, body, and conclusion paragraphs.
  • It must have an introductory paragraph in which the last sentence should be a very specific thesis statement, outlining the main subtopics that will be discussed throughout the paper.
  • Also, each body paragraph should clearly state a secondary thesis statement that follows from the main thesis statement of the paper.
  • Finally, the concluding paragraphs must discuss your findings and incorporate your critical thinking explanation of the issue.

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Research Paper Format

  • The research paper should be no less than 2000 words in Times New Roman, 12 pt. font, with 1-inch margins, and no extra spacing or use of bold. The word count does not include the title page, the abstract, and references.
  • You are required to use at least ten sources for your research paper. The course textbook will not count as a source of information, and you should not use it as such.
      • At least five (5) of the sources should be peer-reviewed academic articles.
  • You are required to use the APA writing style throughout the paper.
      • For a sample research paper in the APA style (6th ed.), see the links below:
      • Citation in APA FORMAT. The book to cite is listed below. Essay must be in APA format.
      • O’Neil, Patrick H. 2017. Essentials of Comparative Politics. New York, NY: W. W. Norton & Company (ISBN-13: 978-0393624588)

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