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devry law310 week 3 you decide,week 5 simulation,midterm exam and full course project




Question;week 3 YOU DECIDENegligence is a particular type of tort action that involves something the law calls a "duty of care." The standard of care depends on the facts and circumstances of the case but, generally, the duty of care, in its broadest sense, means each of us should behave responsibly and sensibly, in the way a reasonable person would behave.To be guilty of negligence, a defendant in a lawsuit must breach that duty of care, and the breach of duty must be the cause of harm to the plaintiff.The law looks at two types of causation—actual cause and proximate cause. Often, injury and harm is the result of a chain of events. The person who is the actual cause may or may not be legally responsible. Proximate cause is that act in the natural, direct, uninterrupted sequence of events without which the injury would not have occurred. Proximate cause seeks to decide who, in that chain of events, is responsible for the harm. This can get complicated.First case: Henry runs the red light and, as a result, collides with Mary's car which is proceeding lawfully through the intersection, injuring Mary. Henry's negligence is both the actual and proximate cause of Mary's injury.Second case: Henry is stopped at the red light. Marvin is talking on his cell phone and fails to stop his car, rear-ending Henry, and sending his car into the intersection where it collides with Mary's car, injuring Mary. Henry is the actual, but not the legal cause, of Mary's injury. Marvin's actions are the proximate cause of Mary's injury, his actions are the actual cause, sometimes called the "cause in fact", of the harm.In order to properly consider the following problem, you should review the material in your text at pages 296 and 297, read Herrara et al v. Quality Pontiac, review McCollum v. CBS, especially Part 2 (a) of the opinion, which you will find in Doc Sharing.ScenarioSusie Marks was seriously injured when the truck in which she was riding failed to negotiate a left turn. On the evening in question, Susie got a ride with Orson to the Elsewhere City Park, where she met her friend, Jerry, and his girlfriend, Kate. Orson said he would pick Susie up at 11:00 p.m. when the park closed. Jerry was a minor who had only been licensed to drive for a few months. He was driving a small truck, the bed of which was covered by a camper shell.At 11:00 p.m. they were approached by Officer Ruthless of the Elsewhere Police Department, who told them they had to leave the park since there was a curfew and the park was closing. Jerry and Kate got into the truck and Ruthless told Susie to get in the back of the truck. (This state allowed people to ride in the backs of camper trucks without seatbelts.)Susie told Ruthless she wanted to wait for Orson, or she could walk home, but Ruthless told her to get in the truck. Ruthless told Jerry: "Get everybody out of here," and that "if you guys don't get out of here, curfew will be enforced."After leaving the park, Jerry made two stops, one just four doors down from Susie's house. Susie did not leave the truck. Jerry lost control of his truck while making a left turn and Susie was seriously injured when the truck overturned. Approximately one-half hour ensued between the time the group left the park area and the time of the accident.Following the accident, Susie filed a complaint against the City of Elsewhere, Ruthless, and a number of other defendants. The complaint alleged that the City and Ruthless were liable because Ruthless had negligently ordered Suzie to ride in the back of the truck.Your Role/AssignmentYou are the judge in the case. Does Susie have a case against Ruthless? Is Ruthless the proximate cause of Susie's injuries?Read the scenario summary above and prepare an essay rendering your decision. The components of a legal decision must include the following.Factual Summary: Provide a succinct and accurate description of the scenario at hand. Summarize the scenario to include all relevant facts.Issue(s): Restate or summarize the question. What is the legal question you are going to answer?Legal Concept(s): Identify and discuss one or more legal concepts from the course material when exploring the problem at hand. Define the legal concept(s) and explain how the concept(s) relate(s) to the given scenario.Analysis/Conclusion: Analyze the factual scenario in relation to the legal concept in order to reach a well-reasoned conclusion. Be sure to apply the legal concept correctly toward solving the legal issue.The paper should be double-spaced in 12-point font and approximately 500 words. At least two sources must be correctly cited using APA citations, including both in-text parenthetical citations and an end-of-text list of references.week 5 simulationhis simulation involves a hearing at the trial court level on a motion for summary judgment in a case involving the employer?s liability for alleged sexual harassment.MotionBefore a case goes to trial, the parties use various motions to refine and define the issues. One such motion is the Motion for Summary Judgment. In this case, the employer?s Motion for Summary judgment claims that the employee has failed to state sufficient facts for a jury to be able to decide that a) the conduct complained of constitutes sexual harassment and b) the employee who allegedly is guilty of harassment is a ?supervisor?, and c) that the company maintained a ?hostile workplace.?BriefsMotions for Summary Judgment are submitted in writing and are supported by written arguments, called Briefs. Judges will look at the motions, the briefs, and any other sworn statements that parties have made, such as oral depositions or sworn answers to discovery (see page 171 in your text) and will also hear oral argument from the parties? attorneys on the issues raised in the motion.The FactsThe moving party, in this case Big Car Company, is attempting to convince the judge that its employee, Clarence, did not sexually harass Maybelle Darcy, and that Clarence is not a supervisor. To win its point, Big Car must convince the judge the facts stated by Ms Darcy are not sufficient at law to constitute sexual harassment, are not sufficient at law to show that there was a ?hostile work environment? and are not sufficient at law to show that Clarence is a supervisor.Ms Darcy, in order to get her case to a jury, must convince the judge of the opposite.Supervisors and middle managers are routinely named as defendants in sexual harassment cases. The awards can be quite large. The cases themselves can take many years to resolve. The case upon which this simulation is based was in litigation for three full years.Before WatchingBefore you watch the simulation, review the material that follows. Watch the simulation, then complete the assignment below.In Faragher v. City of Boca Raton, 524 U.S. 775 and Harris v. Forklift Systems, 510 U.S. 17, the Supreme Court set out tests for ?hostile workplace.? The full opinions can be found in Doc SharingWe directed courts to determine whether an environment is sufficiently hostile or abusive by ?looking at all the circumstances,? including the ?frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance, and whether it unreasonably interferes with an employee?s work performance.?. Most recently, we explained that Title VII does not prohibit ?genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex."..."simple teasing,? offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the ?terms and conditions of employment.?(It is not) ?the ordinary tribulations of the workplace, such as the sporadic use of abusive language, gender-related jokes, and occasional teasing.? Faragher" assessing a hostile environment claim, the totality of the circumstances must be examined, including "the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance, and whether it unreasonably interferes with an employee's work performance." Harris v. ForkliftConduct must be objectively offensive to a ?reasonable person? and seen as subjectively offensive by the person claiming sexual harassment.EEOC Enforcement Guidance Bulletin on Vicarious Employer Liability for Unlawful Harassment by Supervisors (the full text can be found in Doc Sharing) states the Supreme Court has made clear that employers are subject to vicarious liability for unlawful harassment by supervisors. The bulletin gives the following information on who is a ?supervisor?. (The entire bulletin can be found in Doc Sharing) An individual qualifies as an employee?s ?supervisor? if:the individual has authority to undertake or recommend tangible employment decisions affecting the employee, orthe individual has authority to direct the employee?s daily work activities.Authority to Undertake or Recommend Tangible Employment Actions?Tangible employment decisions? are decisions that significantly change another employee?s employment status. Such actions include, but are not limited to, hiring, firing, promoting, demoting, and reassigning the employee. An individual whose job responsibilities include the authority to recommend tangible job decisions affecting an employee qualifies as his or her supervisor even if the individual does not have the final say. As long as the individual?s recommendation is given substantial weight by the final decision maker(s), that individual meets the definition of supervisor.Authority to Direct Employee?s Daily Work ActivitiesAn individual who is authorized to direct another employee?s day-to-day work activities qualifies as his or her supervisor even if that individual does not have the authority to undertake or recommend tangible job decisions.On the other hand, someone who merely relays other officials? instructions regarding work assignments and reports back to those officials does not have true supervisory authority. Furthermore, someone who directs only a limited number of tasks or assignments would not qualify as a ?supervisor.?After listening to the simulation and considering the points discussed in the introduction, write a 300-500 word paper in which you1. State whether you agree with the Judge?s decision, give reasoning for your answer2. State how, if you were a juror on this case, you would decide, i.e., would you find thatClarence was a supervisorClarence?s conduct constituted sexual harassment andthere was a hostile workplace environment.Give reasons for your decision.midtermTCOs 1 & 2) Rules of court usually containa: civil substantive law.b: civil procedural law.c: criminal substantive law.d: criminal procedural law.e: Both b and d:Question 2. Question:(TCO 1) Administrative regulations come froma: federal boards, departments, commissions, and agencies.b: state boards, departments, commissions, and agencies.c: federal courts.d: state courts.e: Both a and bQuestion 3. Question:(TCO 1) The Incorporation Doctrinea: is another phrase for checks and balances.b: refers to the application of the Bill of Rights to the states.c: is derived from an interpretation of the 14th Amendment.Both b and cBoth a and b: 5 of 5Comments:Question 4. Question:(TCO 1) The statement, ?We hold these truths to be self-evident, that all men are created equal,? is foundin the original the Equal Protection Clause of the 14th the Preamble to the the Declaration of the Bill of Rights.Question 5. Question:(TCO 1) The Equal Protection Clausehas always been held to prohibit the practice of separate but equal.prohibits a school from considering race in its admissions found in the 14th Amendment.All of the aboveis contained in the Declaration of Independence.Question 6. Question:(TCOs 1 & 2) Which of the following is not a defense to a criminal charge?DuressSelf-defenseDiminished capacityMistakeAll of the aboveQuestion 7. Question:(TCOs 3, 5, and 6) Which of the following is not a type of negligence action?Liability of landownersAutomobile accidentsProfessional negligenceIntentional infliction of emotional distressDefective productsQuestion 8. Question:(TCOs 3, 5, and 6) Which of the following is not a defense to negligence?Assumption of the riskContributory negligenceComparative negligenceImmunitySelf-defenseQuestion 9. Question:(TCOs 3, 5, and 6) Actual authority of partners to enter contracts on behalf of the partnershipmeans that authority is implied because the conduct of the parties has reasonably led third persons to believe that such authority exists.means that other partners have approved the contract.always exists for all partners.All of the aboveNone of the aboveQuestion 10. Question:(TCOs 10 & 11) The ADR proceeding involving an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute is known neutral evaluation.Question 11. Question:(TCOs 1 & 2) What type of factors influence the laws and legal system of a given country?Question 12. Question:(TCO 1) Why is the U.S. Supreme Court called the Supreme Court?Question 13. Question:(TCOs 1 & 2) What are the rights afforded a criminal defendant pursuant to due process?Question 14. Question:(TCO 1) What clause of the Constitution was used to enable Congress to pass the Civil Rights Act of 1964, and why did they use this clause?Question 15. Question:(TCOs 3, 5, & 6) What are the elements of negligence?Question 16. Question:(TCOs 3, 5, & 6) What is necessary between parties to have a bilateral contact?Question 17. Question:(TCO 1) Based on your understanding from your text of the criminal system as it relates to juvenile offenders, what are some of the issues facing the courts when determining how to deal with juvenile crime?Question 18. Question:(TCOs 10 & 11) What are the types of discovery that parties may use in a civil lawsuit? Provide examples of each type of discovery and how it could be helpful to a party?s case? Why is the same type of discovery not allowed in criminal cases?course projecthis paper is primarily a report. The report portion should be objective and unbiased. The final section is an opinion section where you may include your own ideas on the subject.To understand the legal and environmental issues raised by hydraulic fracturing. To determine what you believe is the most important environmental issue. To be able to distinguish state and federal laws and regulations, to become familiar with proposed federal laws, to be able to compare and contrast state law approaches, to examine at least one other country's laws and regulations on the issue, to understand the scope of a recent executive order on hydraulic fracturing. To understand the place of hydraulic fracturing of oil and gas as that relates to U.S. energy needs. To form and state your own informed opinion on what hydraulic fracturing laws and regulations should be put in place, to explain with clear reasoning and supporting evidence why you think such laws are necessary. Your final paper should address each of these objectives. The report should include a discussion of the legal and environmental issues raised by hydraulic fracturing, including what you believe to be the most important issue, it should contain a discussion of federal and state regulations that address hydraulic fracturing. It should compare the varying approaches of at least two states. It should compare U.S. and foreign approaches to hydraulic fracturing regulation. It should address the scope of the president's executive order on hydraulic fracturing (see Doc Sharing). It should discuss the place of hydraulic fracturing of oil and gas in meeting U.S. energy needs, it should discuss economic impact (could be local, regional, or national) It should conclude with your own informed opinion on what hydraulic fracturing laws and regulations should be put in place, supported with clear reasoning and relevant facts.GuidelinesBack to TopMicrosoft Word document, 7-8 pages in length, all formatting in accordance with the current edition of the APA Style Manual.Include a cover page, table of contents, body of the report, summary or conclusion, references.Check your work for spelling and grammar. Carefully proofread your paper for spelling and grammar and double check all citations for accuracy. Be sure you have correctly cited all references.In addition to citing to any of the material which is supplied for the weekly deliverables or which is placed for your use in Doc Sharing or placed for your use in the Webliography, you must cite to at least four, scholarly journal sources which are the product of your own research. Your research should be conducted in the DeVry library. You may use no more than one website as a source. All sources should be listed on the last page titled References.Carefully review and comply with DeVry?s Academic Integrity Policy to assist you in avoiding plagiarism.Deliverables are due according to the schedule found under Milestones. The final paper is due Week 6. Submit your paper to the Week 6 Dropbox at the top of this page. For instructions on how to use the Dropbox, read these step-by-step instructions or watch this Dropbox Tutorial.MilestonesBack to TopThe total points for this Course Project are 160. Failure to deliver any of the following week?s deliverables will result in a 10-point loss for that week. This means you must satisfactorily deliver all of the Week 2 requirements or lose 10 points, failure to deliver all of Week 3 requirements will result in the loss of another 10 points and failure to deliver all of Week 5 requirements will result in the loss of another 10 points.Week 2:Form a working definition of hydraulic fracturing. Demonstrate familiarity with how hydraulic fracturing is actually performed. Distinguish gas and oil fracturing. Show where hydraulic fracturing is currently underway in the United States, Europe, and South America.Write a working definition of hydraulic fracturing.Write a brief description of how the process works (25?50 words).Chapter 8 of the president?s economic report for 2012, at page 256 details some of the economic effects of hydraulic fracturing. Oil fracking in the Bakken Shale in and around Williston, North Dakota has had dramatic economic effects. The May, 2012 issue of the Oil and Gas Journal had a lengthy article on the Williston boom. Using such material (and any other source material you may find) write a 2?3 paragraph summary of the economic impact of hydraulic fracturing.Provide links or citations to other material you have found that might be useful in writing about the above points.Submit your work to the Course Project Deliverables Dropbox in Week 2.Week 3: What are the legal issues raised by hydraulic fracturing? The environmental issues? What part does (will) hydraulic fracturing play in meeting U.S. energy needs? Fracking and the Safe Drinking Water Act issues are discussed extensively in this Congressional Research Service report: See also Chapter 8 of the president?s economic report referenced above.The Louisiana Bar Journal Vol. 59, No. 4, page 253, reports other fracking issues.Isolate three or four such issues and report them in bullet-point form. Each point should state the issue and a brief explanation (no more than one paragraph).Example: Dumping toxic waste?Uncontrolled dumping of toxic waste into waterways has created dead zones (places where marine and aquatic life cannot survive) worldwide, including an area in the Gulf of Mexico the size of Lake Ontario.Provide links or citations to at least two other sources you have found that will be useful in writing about the above points. Submit your work to the Course Project Deliverables Dropbox in Week 3.Week 5:Briefly, in 2?3 paragraphs, answer the following: What is Pennsylvania Act 13? Compare it to Vermont?s May 2012 legislation: Compare these with the New York State decision on local control of fracking found in Doc Sharing at.Using the studies, such as The Final Report on Unconventional Gas in Europe, write a brief 1?2 paragraph statement that discusses at least one specific country's regulations (see page 5 for general information and pages 48, 49, and 50 for country-specific information.) On April 13, 2012, President Obama issued this executive order, briefly, in 1?2 paragraphs, explain what the order provides. You can find the executive order at this address (or look in Doc Sharing). links or citations to at least two other sources you have found that will be useful in writing about the above points. Submit your work to the Course Project Deliverables Dropbox in Week 5.Week 6?Submit your final paper by placing it in the Dropbox for Week 6.


Paper#59021 | Written in 18-Jul-2015

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