Categories
Law

If anything, you will be convinced that someone else did it.

Instructions
CRIMES & DEFENSES
WEEK 7 ASSIGNMENT
DUE SUNDAY, OCTOBER 2
Case:
U.S. v. Billy McFarland
In late 2016, McFARLAND established a subsidiary, Fyre Festival LLC, to hold a music festival called the “Fyre Festival” over two weekends in the Bahamas. McFARLAND made repeated misrepresentations to investors with respect to their investments in Fyre Festival LLC. McFARLAND overstated the Festival’s receivables that he used as collateral for numerous investments to cover Festival expenses. McFARLAND also secured numerous investments in Fyre Festival LLC by claiming that investors would have the rights to payouts from Festival event cancellation insurance policies when, in reality, no event cancellation insurance policies had been executed for the Festival. Ultimately, the Festival was canceled and widely deemed to have been a failure.
Directions: Research the case of U.S. v. Billy McFarland.
I have provided some resources for you, but you are permitted to use other reliable, scholarly sources (No Wikipedia or blogs). You should then craft a written opening statement as Billy McFarland’s defense attorney.
Your opening statement should meet the following format requirements:
One page
Double-spaced
12-point font
Times New Roman
References (in APA format)
Your opening statement should include the following components:
Introduction
“This is a case about taking chances.”
“Mary Jones had a dream and a plan.”
“Revenge. That’s what this case is all about.”
“This is also a case about pain. Mr. Johnson’s only companion today is constant pain.”
“This is a case about police brutality”
Parties
Who is involved in the case?
Scene
Describe the scene so the jury can visualize it.
Instrumentality
Vehicle, machinery, equipment, etc.
Date, time, weather and lighting
Issue
Denial of Prosecution’s version of the disputed facts of the case
What happened
Basis of guilt/nonguilt
Point out holes in plaintiff’s story
Find ways plaintiff’s story is not persuasive
Emphasize your OWN picture and conclusion
Anticipating and refuting the other side
Conclusion
“At the conclusion of this case, you will have grave doubts that Tom Smith was anywhere near the robbery when it occurred. If anything, you will be convinced that someone else did it. Consequently, Tom Smith is simply not guilty of anything.”
PLEASE NOTE****
– we do not have to get him aquitted of all charges
– we can admit he owes the money, but is not guilty of the charges
– we are to write this without the real verdict and trial in mind
– the reference page is the only thing that must be in APA format
Here is what he was charged with!
– https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud

Categories
Law

Which legal principles come into play in this area?

Read each case and the answers, continue the conversation following the comment on each case (each case and comment on separates pages)
Case #1
Patricia Garcia and Bernardo Lucero were in a romantic relationship. While they were seeing each other, Garcia and Lucero acquired an electronics service center, paying $30,000 each. Two years later, they purchased an apartment complex. The property was deeded to Lucero, but neither Garcia nor Lucero made a down payment. The couple considered both properties to be owned ‘50/50,’ and they agreed to share profits, losses, and management rights. When the couple’s romantic relationship ended, Garcia asked a court to declare that she had a partnership with Lucero. In court, Lucero argued that the couple did not have a written partnership agreement. [Garcia v. Lucero, 366 S.W.3d 275 (Tex. App.—El Paso 2012)]
Did they have a partnership? Why or why not?
If you had advised the couple at the beginning of their relationship, describe the suggestions you would have provided about structuring their businesses.
-Answer casi #1
In a partnership, the partners are all managers and owners of the business. Every partner shares in financial profit and loss in accordance with the partner’s investment. In this case, the couple satisfied the three elements of a partnership: there is an agreement to share in losses and profits, properties are owned in accordance with the investment, and all partners hold management rights. However, for it to be a partnership, there must be a written agreement. A partnership contract illustrates business objectives as well as the processes for making decisions (Santoso, 2022). The partnership contract also incorporates provisions that impact the financial factors of the business, in addition to every partner’s authority to manage the daily functions of the firm. Garcia and Lucero did not have a written partnership agreement; hence, they do not have a partnership.
Some suggestions I would have provided about structuring their business would include: determining their level of involvement in the business and the control they would like to have. Another suggestion would be to determine how their personal aspects would impact the business (Tur-Porcar et al., 2018). The structure of a business relies on the distinct life situation of the entrepreneurs. The life situation of every business person is unique and can affect the operations or success of the business. The last suggestion is not to split evenly. There should always be one partner with a majority of the business share. Splitting 50/50 is a recipe for disaster because they would get to a point where they would disagree, and none would want to give in.
-Opinion case #1
In a general partnership, each partner shares equally in the workload, liability, and profits generated and paid out to the partners. All partners are actively involved in the business’s operations. Limited partnerships allow outside investors to buy into a business but maintain limited liability and involvement, based on their contributions. This is a more complicated form of partnership, which also has more flexibility in terms of ownership and decision-making. disadvantages to forming a partnership.
Where more than one owner exists, there are bound to be differences of opinion that could threaten the business. Although partners split any profits the business generates, if the payout is not in sync with each partner’s contribution to the company, disagreements can erupt. Unlike corporations, which help to shield owners from liability, partnerships have both joint and individual liability. That is, all partners are liable for their own actions on behalf of the company as well as the actions of the other partners.
(Give opinion about this comment)
Case #2
Kubota Tractor Corp. makes farm, industrial, and outdoor equipment. Its franchise contracts allow Kubota to enter into dealership agreements with “others at any location.” Kejzar Motors, Inc., is a Kubota dealer in Nacogdoches, Texas and Jasper, Texas. These two Kejzar stores operate as one dealership with two locations. Kubota granted a dealership to Michael Hammer in Lufkin, Texas, which lies between Kejzar’s two store locations. Kejzar filed a suit in a Texas state court against Kubota. Kejzar asked for an injunction to prevent Kubota from locating a dealership in the same market area. Kejzar argued that the new location would cause it to suffer a significant loss of profits. [Kejzar Motors, Inc. v. Kubota Tractor Corp., 334 S.W.3d 351 (Tex.App.—Tyler 2011)]
Which party in a franchise relationship typically determines the territory served by a franchisee?
Which legal principles come into play in this area?
How do these concepts most likely apply in this case?
Answer Case #2
A franchise territory is considered the location in which a franchisee is permitted to set up and perform a franchised business. A franchise agreement accords a franchisee the right to run a franchise business in virtue of the terms defined in the agreement for a price. The agreement typically determines the extent and size of a franchise territory, and the degrees of protection presented to a franchisee in the chosen territory varies with the franchisor (Kalkoshki & Abadi, 2019). Franchisors use various terms to refer to franchise territories like operating territory, designated area, and area of responsibility. Therefore, it is the franchisor who typically determines the territory served.
The Franchise Agreement is the legal principle that comes into play in this area. In its comprehensive sense, the franchise component defines any third-party association where a business is licensing its main intellectual property, like copyright in materials, or trademark, to facilitate another business to copy the way it operates and sells its services and products. Another legal principle that comes to play is territory rights which are vital in determining business distribution among franchisees. Even though there are other means by which a territory can be described, it mostly refers to a geographical area that is exclusively assigned to a franchisee to operate. Therefore, the franchise agreement is crucial to understand how the territory may affect the business.
In this case, Kezjar Motors, Inc does not have the right to request an injunction to prevent Kubota from establishing a dealership in the same area. This is because the dealership agreement unambiguously provides Kezjar Motors with no exclusive territory (Burhanuddin, 2021). The dealer agreement presents that Kubota has the right to enter into agreements with others in any area and that Kezjar Motors agreed to these conditions. The question of whether the dealer agreement was ambiguous must be considered. This is a question of law that should be decided by analyzing the contract in general in view of the present circumstances when the agreement was entered.
-Opinion Case #2
When we consider this case as any other contract law case the issues complained of by the franchisee become clear. If they wanted to contract for exclusive use or territorial boundaries, they could have. In absence of those facts its a hard argument to make. Seems like they made a bad deal, which does not amount to an injury with a legal remedy
(Give opinion about this comment)

Categories
Law

Hence its necessary to write about the effects of globalization on the right to development as a concept, and then : how deglobalization will effect this right in developing countries.

hi here is my project: i need to write about the effects of deglobalization on the right to development specially in developing countries. hence its necessary to write about the effects of globalization on the right to development as a concept, and then : how deglobalization will effect this right in developing countries.

Categories
Law

List at least two reasons.

1. According to Krutz (2019) what factors influence one’s likelihood to vote? What may deter or encourage citizens to vote?
2. Explain the difference between an open and closed primary. How might a closed primary deter voters?
3. Why did women vote for Donald Trump in the 2016 presidential election? List at least two reasons.
4. How might we generalize about American public opinion on economics, social issues, and foreign policy?
5. According to DiMaggio’s findings, how does parental socialization influence what he calls “American exceptionalists”? What is an “economic realist”?
Page 223-258/ krutz
Women Vote for Trump?- page 18-26
Di maggio- page 251-275

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Law

I require a cover letter and proofreading and editing of my resume.

. I was wondering if possible for you could write me a cover letter for job applications. I was applying to some law firms and required a generic cover letter which I could use for each firm I applied to. I am to practice law in the Corporate, Family and Criminal fields. However, my goal is to gain employment at any law firm. I have attached a copy of my resume. I am also asking you for assistance proofreading and editing my resume. I require a Cover letter and proofreading and editing of my resume. Thanks.

Categories
Law

How heavy is a “toddler”?

Read the case McGuire v. K & G Management below. In this exercise, you will chose a side and answer the questions for your side- chose either the tenant’s side or the landlord’s side to answer only ONE set of questions below. Then respond to at least one class mate’s post.
McGuire v. K & G Management Co.[1]
Facts: The McGuire family rented a second-story apartment from K & G Management, which managed a residential complex on behalf of Avant Co. Robin McGuire notified K & G that a window screen was loose in her son’s bedroom, and had fallen out once. Neighbors had also complained about loose-fitting screens. Five days after Robin reported the loose screen, her son, 26-month-old Devin, was playing in his bedroom with his eight-year-old cousin. Somehow, Devin fell or leaned into the window screen, which gave way. Devin fell to the ground and was seriously hurt.
The McGuires filed suit against K & G and Avant, claiming negligent maintenance, management, and repair. In Ohio (and most states), a landlord has a statutory duty to “make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.” The trial court granted summary judgment for both defendants, ruling that the defendants had no duty to install screens strong enough to restrain a child. The McGuires appealed.
You Be the Judge: Are the McGuires entitled to a jury trial?
Holding: The court affirmed summary judgment for both defendants: The court said “case law, in this state and other jurisdictions, has held the purpose of window screens is not child restraint but to provide ventilation and to keep birds and insects out of the apartment. Appellees presented no evidence that the screen in question did not serve the purpose for which it was installed. Based upon this, we find appellees did keep the apartment ‘fit and habitable’ with regards to the window screen since the purpose of window screens is not to prevent tenants from exiting through the windows.”
If you agree with the tenant’s position, answer these questions:
A window screen is supposed to keep bugs out, not children in. Why should a landlord be responsible for the child’s fall?
How is a landlord supposed to know how strong a screen must be? How heavy is a “toddler”? What if a screen is strong enough to hold one child, but not two children leaning against it at the same time?
Isn’t the danger of an open window as obvious as any risk can be?
If you agree with the landlord’s position, answer these questions:
A properly fitted window screen might well save lives. Why shouldn’t the law require a landlord to maintain the screens in proper order?
The legal standard in a negligence case is “reasonable conduct,” and it is normally the jury that decides whether the defendant behaved reasonably. Why shouldn’t the court permit a jury to hear these cases?
In at least one case, a few months after one child fell from a window, a second child fell from the same building. Wouldn’t a landlord at some point start to be responsible? What is that point?

Categories
Law

Warren medical wants clean to replace the goods.

Sources provided in attachment for use. Word Count applies to BODY of response. Please use APA citations. At the latest Lunch and Learn seminar for TLG consultants, Winnie begins the workshop with a discussion of the case of Warren Medical. Background Facts: Warren Medical contracted to purchase five cases of disinfectant from Clean for $100.00 per case. Clean and Warren Medical signed the written sales agreement, and it included all the necessary terms for a valid and enforceable contract. Clean timely delivered the disinfectant to Warren Medical. However, because Warren Medical’s employees were busy with other deliveries, they moved the disinfectants to a temporary garage storage facility. They did not inspect the goods before moving them. Three weeks later, Warren Medical’s employees finally opened the cases and discovered the disinfectants were frozen. Warren medical wants Clean to replace the goods. You must begin the discussion by reacting to the following question. A. Analyze and explain whether Clean should be required to replace the disinfectants and why or why not. You must consider and apply the Uniform Commercial Code in your analysis. Use correct, complete sentences, in paragraph format, unless otherwise instructed. Use assigned course materials to complete discussion responses. Use in-text citations and a Reference List in APA format to cite the course resource(s) used – an in-text citation cannot exist without a corresponding Reference List, and a Reference List cannot exist without a corresponding in-text citation. Write in-depth, comprehensive responses that promote further discussion beyond merely agreeing/disagreeing. Write in complete sentences in paragraph format. Use in-text citations citing to relevant assignment materials. Label parts as appropriate. Double-space; 12-point Arial or Times Roman font. Introductory Sentence: Begin with an introductory sentence or very brief paragraph that states your conclusion to the questions asked. Concluding Sentence: End the discussion with a concluding sentence or a very brief paragraph that summarizes your conclusion/what you discussed. Support Arguments and Positions: Please refer to the module in Content, “How to Support Arguments and Positions”.

Categories
Law

Proactively address privacy and ethical concerns that might be raised by privacy rights advocates.

For this assignment, you will apply what you have learned in this module to compose a memorandum in response to the following hypothetical scenario:
You are the Assistant Chief of a moderately sized law enforcement agency that currently does not have a drone program. However, your new Chief is very interested in developing a robust UAV program after attending a recent presentation from the Chula Vista Police Department. You have been tasked with serving as the UAV Committee Chair and leading your agency through the research, development, and implementation of the drone program.
In advance of the first UAV Committee meeting, the Chief has tasked you with circulating an evidence-driven memo to all committee members that provides critical background on three issues:
1. Provide a brief overview of the diverse functionality, public safety, and law enforcement potential of UAVs.
2.Summarize the legal precedents and guidelines related to UAVs.
3. Proactively address privacy and ethical concerns that might be raised by privacy rights advocates.
The overarching goal for this memo is to provide empirical evidence that the efficacy of UAVs outweighs the privacy concerns, and that existing legal guidelines provide clear direction on how to operate a UAV program that is ethical and respects the privacy rights of the community.
For this assignment please craft a professionally written 500 word memo that accomplishes these tasks from the Chief. Your memo should be no longer than 500 words, double-spaced with 12-point standard fonts and one-inch margins. You will be graded down if your memo is over 500 words. Please disclose the word count of the assignment in a logical place on the assignment itself. Note that the word count only applies to the core substance of the memo; a cover page, memo header, references, and other ancillary elements do not count towards the word count. Failure to disclose the word count will result in a 5% penalty on the assignment.
Must refrence at least three of the articles attached.
https://www.chulavistaca.gov/departments/police-department/programs/uas-drone-program

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Law

I need to hand in a 10 pages essay about death penalty in the usa by tonight.

I need to hand in a 10 pages essay about death penalty in the USA by tonight. I have something prewritten but it’s a desaster. So I don’t know if it even can be used.

Categories
Law

Are directors’ duties an effective method to promote corporate social responsibility in the australian context?

In this assessment, you will be analysing a current contemporary issue that relates to an aspect (topic, area, issue) of the material covered in the unit from Lecture 4 onwards. You will be required to complete a 1000 word WRITTEN ANALYSIS on the following contemporary issue:
Are Directors’ Duties an effective method to promote Corporate Social Responsibility in the Australian context? Justify your answer through a critical analysis of academic literature, case law, and statutory provisions.