Legal Issues

Hypothetical: A prominent athlete has a multimillion-dollar endorsement contract with an athleisure clothing company for advertising and marketing. The contract includes a morality clause allowing the company to terminate the contract without penalty if the athlete is charged with a crime more than a misdemeanor, found guilty of any crime, or engages in any outrageous act which brings negative publicity to the company. It is reported that the athlete is an admitted sex addict, is engaged in multiple affairs while married to his wife, and is seeking treatment for prescription drug addiction. No criminal charges are brought and he is not convicted of a crime. The company, ACME, wants to terminate the contract. What would each side argue their case? Which argument do you think is more persuasive? How could future endorsement contracts be drafted to avoid this potential problem? Please make sure to use LEGAL PERSPECTIVE and argue both sides and provide evidence.

How can legal research be applied to assist a legal researcher in creating a memorandum of law? Why is legal research critical to the creation of a proper memorandum of law? What are some of the pitfalls a legal researcher should avoid when preparing a memorandum of law?

Prepare a predictive memorandum utilizing the Victoria V. v. U Shop Mall case found in Chapter 13 of the Legal Research, Analysis, and Writing textbook. While APA style is not required for the body of this assignment, solid academic writing is expected, and documentation of sources should be presented using APA formatting guidelines, which can be found in the APA Style Guide, located in the Student Success Center. This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.

When looking at the relationship between social justice and juvenile justice, there are two overarching concepts when addressing juvenile delinquency: treatment and punishment. These two concepts have driven a cycle of changes in the juvenile justice system over the years. Your task is to support your premise that your state or city should implement a philosophy of treatment for juvenile offenders, punishment, or a combination of the two (i.e., treatment and punishment) for a specific crime or criminal justice issue identified in your paper. In your paper, Explain the differences between the treatment and punishment concepts. Examine types of treatment versus types of punishment for juvenile crimes. Build the case for which one (i.e., treatment, punishment, or combination of both) you believe has the stronger position based on your research and the specific juvenile crime to which you will apply the concepts of treatment and punishment. The crime you choose can be violent (e.g., homicide, sexual assault, etc.) or non-violent (e.g., drug possession or sales, theft, etc.). Select your city (or state) and one other jurisdiction in the United States. Identify the prevailing thought in your city (or state) as well as the other jurisdiction you chose (i.e., treatment, punishment, or a combination). Analyze which of the two jurisdictions has lower recidivism rates. Identify whether the recidivism rate is the best indicator of success or failure of treatment versus punishment philosophy. Explain why or why not. Examine scholarly research on the most effective strategies for reducing juvenile crime rates. Identify which strategy or combination of strategies the research appears to support. Identify whether it is based on type of crime. Explain whether a given strategy works best depending upon the nature of the crime (i.e., violent vs. non-violent). Support which juvenile justice intervention strategy would be most effective to counter the crime or criminal justice issue based on your research. Summarize which concept (i.e., treatment, punishment, or combination) best supports the overarching concept of social justice. Scholarly sources only.

https://www.law.cornell.edu/wex/intentional_tort https://www.law.cornell.edu/wex/negligence https://www.law.cornell.edu/wex/strict_liability https://www.justia.com/injury/negligence-theory/comparative-contributory-negligence/ https://www.justia.com/injury/negligence-theory/assumption-of-risk/ https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s10-introduction-to-tort-law.html https://www.wcc.state.md.us/Gen_Info/WCC_Benefits.html General Instructions for Learning Activities    Read/watch all assigned materials listed for the week in the Course Content Cite to assigned materials in all responses in Learning Activities Use only assigned materials to complete Learning Activities; do not use the internet unless otherwise instructed Include in-text citations and a Reference List for in-text citations   Write in correct, complete sentences, in paragraph format unless otherwise instructed Submit Learning Activities to Assignment Folder Tips for Formatting and Structuring Analysis: Write in complete sentences in paragraph format. Use in-text citations citing to relevant assignment materials.      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”.  Background:  With some understanding of the legal system, the Clean-N-Shine (“Clean”) owners can now shift their focus to examining specific areas of law that create potential risks and liabilities for their business.   The group knows from their business experience, that companies face severe and costly risks and legal liabilities stemming from tort law.  Unintentional harm resulting from accidents, such as negligence, can result in costly litigation.  The Clean owners are concerned about the possibility of accidents resulting in injuries to their employees that could occur during the cleaning of clients’ property.   Winnie and Ralph have given you the responsibility of analyzing and summarizing potential negligence claims and liability that Clean might face in its business operations. You decide to analyze a hypothetical fact scenario to present to the Clean owners to help explain Clean’s potential negligence liability for accidents occurring on clients’ property during cleaning.  The analysis will be presented at the next meeting with Clean’s owners and TLG.  Your analysis will address only the tort of negligence.  Background Facts You Need To Know:  Jack, a Clean employee, was assigned to clean Client A’s office building.  Jack’s first task was to vacuum the floors in a wide hallway.  Jack plugged Clean’s commercial vacuum cleaner into the hallway outlet with an extra-long electrical cord and began vacuuming.  Before beginning vacuuming, Jack checked to ensure that the hallway was clear of obstacles and people walking.  After checking the hall, he placed the cord to the side of the hallway out of the path of his pushing the vacuum.  After vacuuming for a few minutes, Jack stepped to the side to turn the vacuum and tripped over two boxes that had been placed in the hallway by Client A’s employee since Jack began vacuuming.  Jack did not know the boxes had been placed in the hall. Jack fell and broke his ankle and was taken to the hospital ER via ambulance.  A cast was applied after it was determined the ankle did not need surgery.  Jack missed three weeks of work because of the injury.  Instructions   Report You Need To Prepare: You must prepare a report addressed to Winnie and Ralph.  Winnie and Ralph will use the report in discussion with the Clean owners.  The report must address each of the following points: 1. Analyze whether Jack has a negligence claim against Client A. 2. Identify any potential defenses that Client A may raise in response to Jack’s negligence claim.  The analysis must explain why the defense may be raised. 3. Given the negligence claim and the potential defenses, draw a conclusion as to whether Jack or Client A should prevail in the lawsuit.  The facts and the law must support the conclusion. REPORT TO:              Winnie James, Ralph Anders FROM:         (your name) DATE: RE:              Green Clean Negligence Risks and Liabilities 1. 2. 3.

In a two- to four-page MS Word document submit: ·         IRAC brief ·         Compare and contrast analysis Proper Bluebook citations are required. Assignment Directions Step 1: Use NexisUni to locate the following case: 531 U.S. 32. Step 2: Read and brief the case in Step 1, above, using the IRAC method. Step 3: Review the following factual pattern: Your client, Gideon Goodtime, was celebrating his birthday at The Watering Hole with his friends. On the way out to his car, an unidentified patron spilled his double shot of tequila on Gideon’s pants. Gideon was stopped at a checkpoint. The State of Ohio indicated that the checkpoint was set up to verify license and registrations. However, when Gideon was stopped at the checkpoint, the officer detected the smell of alcohol and asked him to get out of the car. While complying with the field sobriety tests, a small bag containing a white, powdery, substance fell out of Gideon’s pocket.  Gideon was arrested. He wants your firm to file suit on the basis that the checkpoint violated his Fourth Amendment rights. Step 4: Compare and contrast the facts of the case you found in Step 1, above, to the facts pattern in Step 3, Gideon Goodtime. Step 5: Submit your two- to four-page MS Word document containing your IRAC brief, and your compare and contrast analysis.

1. Chapter 1 of Reddington & Bonham’s book and Chapter 2 of Mallicoat and Gardiner’s book address the issue of evidence-based policies and the scientific method which is at the core of that perspective. Please summarize and synthesis (bring together) the two discussions on evidence-based policy presented in each text. 2.  2) Discuss the political challenges associated with the adoption and implementation of evidence-based policy as discussed by Mallicoat in chapter 1 of Mallicoat & Gardiner.  3.  3) Discuss how the notion of ‘flawed policies’ as defined by Bonham in chapter 1 of Reddington & Bonham is related to the notion of the street-level bureaucracy as addressed by Arsneault in chapter 3 of Mallicoat & Gardiner.

Which do you believe presents the greatest threat to civil society: a corporation that commits crimes (e.g., murder, environmental crimes, or bribery), or persons who commit crimes that harm businesses (e.g., embezzlement, fraud, or larceny)? Defend your response, using at least one example from current events.

After viewing the Chinese Imports & Food Safety  (Links to an external site.)  video, consider whether U.S. retailers that utilize products or raw ingredients that are imported from China and are poorly regulated should be liable in tort for injuries to consumers who are harmed by those products. Answer parts a and b of the prompt. For this part of the prompt, answer one of the following points: If U.S. companies should not be liable, then they could be legally exempt from tort liability. Discuss the consequences of such a policy to U.S. consumers. If the U.S. companies should be liable, then those companies would not be legally exempt from tort liability. Discuss the consequences of such a policy to U.S. businesses. Regardless of your response to part a, assume that U.S. retailers do have legal liability for defective products. What steps could U.S. retailers and manufacturers take when using products imported from China that would minimize their liability exposure? For example, they could warn consumers about the potential, though speculative, dangers when using products comprised of poorly regulated ingredients or components. Given your strategy, what challenges would exist for U.S. businesses that implemented your strategy?Chinese Imports & Food Safety – PBS Newshour (Links to an external site.)- YouTube. (n.d.). YouTube – Broadcast Yourself. Retrieved October 19, 2012, from United States Consumer Product Safety Commission (Links to an external site.). (www.cpsc.gov/)

Do you think Child Protective Services has “run its course” as some critics suggest? Or should it be revamped? How would you revamp such a service?