Category: Law

All instructions in attached file please read carefully! Don’t forget OSCOLA sty

All instructions in attached file please read carefully! Don’t forget OSCOLA style and justify paragraphs. Good luck

week 4.
Please post your answers as replies to my “response” threads listing the

week 4.
Please post your answers as replies to my “response” threads listing the readings rather than posting directly into the forum — thanks!
Before class Monday, please answer the usual questions about:
The Dynamics of Law, Chapter 2
Peter Savodnik, “A ‘Trojan Horse’ in the Los Angeles D.A.’s Office,” Common Sense, https://www.commonsense.news/p/when-a-prosecutor-w…
Before class Wednesday, please answer the usual questions about:
The Dynamics of Law, Chapter 3
The Lone Liberal Republican, A Politically Moderate Guide to Police Reform, including Things You Can Do to Help, Reform #3: Reform Crisis Response.
Questions:
1. What is the proposal?
2. Do you think it will help improve policing? If so, how? If not, why not?

Massachusetts State Law
Conflict Complaint (use letter attached) and respond and

Massachusetts State Law
Conflict Complaint (use letter attached) and respond and write as if you were the Secretary of State of
Massachusetts ruling on the matter. The Massachusetts State Ethics
Commission Investigator (what sections have been violated, if any, what can be
done going forward to cure the problem, are there any disclosures that could
be made and how would the employee make the disclosure). Include areas where
more information might be required to make a determination. Include all Massachusetts state ethics law,
it has to be Massachusetts law. Please include the law numbers, chapters and anything that pertains to
the state ethics commission decisions as if you are the secretary of state. Please send me a message if
you need clarification See attached docs

Case Study: Land Law and Property Disputes
Imagine a scenario involving a histor

Case Study: Land Law and Property Disputes
Imagine a scenario involving a historic estate in rural England that has been in one family for generations. The estate includes a grand manor house, extensive gardens, agricultural land, and a forested area. However, over time, a series of complex legal issues have arisen:
Rights of Way Dispute: A neighboring landowner claims a historical right of way through part of the estate. They argue that this right of way has existed for centuries and is essential for accessing their own property. The estate owners dispute this claim, arguing that no legal rights of way exist on their land. Analyze the legal principles related to rights of way and assess the merits of each party’s argument.
Boundary Disputes: The estate’s boundaries have become contentious, with disputes arising over the exact location of property lines. One neighbor insists that a section of the estate’s garden encroaches on their land. The estate owners vehemently deny this allegation and believe the boundary has always been where it stands. Examine the legal framework for resolving boundary disputes and assess the evidence presented by both parties.
Historic Covenants: A historic covenant placed on the estate restricts certain land uses and development activities. However, the current owners wish to modify or remove these covenants to undertake new development projects. Explore the legal process for modifying or discharging historic covenants and consider the impact on the estate’s heritage and conservation.
Agricultural Tenancy: Some portions of the estate are subject to agricultural tenancies governed by complex landlord-tenant laws. The estate owners want to regain control of these lands for a new venture, but the tenant farmers are resistant. Examine the legal rights and responsibilities of both landlords and tenants in this context.
Environmental Regulations: The forested area of the estate is subject to stringent environmental regulations designed to protect biodiversity. The estate owners face challenges in managing this land while complying with these regulations. Explore the legal obligations of landowners under environmental law and potential solutions for sustainable land management.
Succession Planning: The current owners intend to pass the estate to the next generation. However, the inheritance tax implications and the need to ensure equitable distribution among heirs create complex legal and financial challenges. Analyze the relevant inheritance and tax laws and propose a succession plan that complies with legal requirements.

CASE BRIEFING: You are also required to submit 10 CASE BRIEFS for this course. 


CASE BRIEFING: You are also required to submit 10 CASE BRIEFS for this course. 
You have the option of submitting them all in one file of 10 cases at the end of the semester (Week 8), or in two files of 5 cases each, one at the midterm point and the other by the end of the semester.
PLEASE NOTE: 
YOU CAN ELECT TO CHOOSE 10 OF THE MORE THAN 30 CASES THAT YOU HAVE BEEN ASSIGNED FOR READING IN THIS COURSE. THIS WOULD BE THE MOST DIRECT PATH TO COMPLETING THE CASE BRIEFINGS ASSIGNMENT. 
HOWEVER IF YOU PREFER TO CHOOSE AND BRIEF ONE OR MORE CASES THAT ARE RELATED TO THE SUBJECT MATTER COVERED IN THIS COURSE,  BUT ARE NOT ON THE LIST OF THE ONES WE’LL COVER IN THIS COURSE, THAT IS PERFECTLY FINE. IF YOU ARE NOT CERTAIN ABOUT A CASE(S) YOU WISH TO BRIEF OUTSIDE OF THE ONES COVERED IN THIS COURSE, PLEASE CONTACT ME WITH THE TITLE OF THE CASE(S) AND I’LL BE GLAD TO REVIEW AND GIVE MY APPROVAL.
HOW TO BRIEF A CASE
Dear Students:
This is a reminder on how to brief cases (It’s also on the OER link I sent but just in case) for all of you who are taking Law Courses with me and are thus required to do CASE BRIEFS. There are two options, you can do the BASIC Version, which is the minimum required, OR you can do the FULLER Version, which may result in a few extra points if the additional two sections are done correctly ofcourse.
The following is the format to use. Please use these Headings
BASIC VERSION:
RELEVANT FACTS:
In this section you want to tell the story of the case in three or four sentences or at most a very short paragraph. You need not include immaterial facts in this section, only the facts that go directly to the essence of the story.
ISSUE:
This should be in the form of a question, for example in a hypothetical care accident case, “Is the driver responsible for injuring the pedestrian?”
HOLDING: 
This is legal verbiage word for judgment, ruling, decision of the court, etc. The briefest answer for the question posed in the Holding is a YES or NO. On occasion there could be a caveat added, like for example YES partially responsible, or something along those lines.
REASONING:
In this section you will explain how based on the facts and on the applicable law and its interpretation in this case, that’s how the issue and holding were derived. This should be a few lines or at most a very short paragraph, similar in length to the Relevant Facts section.

THE FULLER VERSION will also include these 2 sections, namely the
PROCEDURAL HISTORY:
This section should be the starting section before the Relevant Facts, and since the cases you will be briefing are U.S. Supreme Court cases and every case that deals with a Federal issue starts at the U.S. District Court level, the Procedural History starts with the decisions first rendered at the U.S. District Court, and then at the U.S. Appellate Court, before reaching the US Supreme Court. Therefore please address in one or two sentences the decisions of the US District court and US Appellate court.
DISSENTING OPINION:
These are U.S. Supreme Court cases and therefore the decisions are either unanimous, meaning 9 to 0, or if not they will be 8 to 1, or 7 to 2 or 6 to 3 or 5 to 4. Therefore one or the full group that voted in opposition to the decision that prevailed (called the majority opinion) will write a dissenting opinion. This is what you want to write in a couple of sentences or so under Dissenting Opinion. Insert this section at the end of the case brief, namely after the Reasoning section.
Again, please let me know if you have any questions. 
1) https://supreme.justia.com/cases/federal/us/17/316/
2) https://supreme.justia.com/cases/federal/us/347/483/
3) https://supreme.justia.com/cases/federal/us/388/1/
4) https://supreme.justia.com/cases/federal/us/323/214/
5) https://law.justia.com/cases/alabama/supreme-court/1962/144-so-2d-25-1.html
6) https://supreme.justia.com/cases/federal/us/491/397/
7) https://supreme.justia.com/cases/federal/us/486/35/
8) https://supreme.justia.com/cases/federal/us/392/1/
9) https://supreme.justia.com/cases/federal/us/316/455/
10) https://supreme.justia.com/cases/federal/us/429/97/

Answer the following question by offering two criminology theories to explain it

Answer the following question by offering two criminology theories to explain it:
“Not every crime is harmful, and not every harmful action is criminalized. Why?”

DO NOT ACCEPT THE JOB IF YOU WANNA USE AI. Please turn in all your work on one d

DO NOT ACCEPT THE JOB IF YOU WANNA USE AI. Please turn in all your work on one document.
Reading material can be found in the file section.
Please brief the cases in IRAC format. If you are not familiar with IRAC format, please connect with me and we will schedule an IRAC workshop.
Your cases may have more than one issue that you need to IRAC. Please prepare a separate IRAC per issue. This text teaches through cases, so by preparing IRAC briefs, you are essentially outlining the material and engaging in active learning.
Please choose two of the questions following each case to answer in paragraph format. Answer the questions fully and thoroughly.
Submit in one document. Each case IRAC is worth 2 points, each problem is worth 1 point.
1. Case IRAC 1 brief followed by answers to two chapter problems
2. Case IRAC 2 brief followed by answers to two chapter problems
Turnitin will automatically check your work for originality. You may copy the rule of law verbatim. All other work (issue statement, analysis, conclusion) must be your own.) Homework with an originality score over 50% will not receive credit.
SOME NOTES ABOUT THE IRAC METHOD:
You have all learned to IRAC from various professors using various styles. All styles are acceptable to me so long as you articulate a clear understanding of what the case is about and why it’s important.
The last page of the syllabus provides IRAC instructions.
SAMPLE IRAC
A great issue statement follows this formula:
Issue = (party names) + (name of the rule of law from the “Rule” section”) + (a key fact or short factual statement)
Here is an example: Osborne v. Power
Facts and Procedural History: Osborne created a Christmas light display that included over 1,600,000 lights and structures depicting Mickey Mouse driving a train, reindeer, sleighs, and a carousel. Thousands of people came to visit the attraction. Neighbors, plaintiffs, complained about left over trash, traffic hazards, visitors parking on their front lawns, excessive noise and light, and inhibited access to their properties.
Issue: Can the homeowners recover from Osborne for the nuisance and trespass to their properties caused by the Christmas light display?
Rules: Trespass is the 1) intentional 2) interference with a property owner’s 3) reasonable enjoyment of their land.
Nuisance is the 1) unreasonable 2) interference with 3) a landowner’s use and enjoyment of their property.
Application:
The homeowners, plaintiffs, claim Osborne owes damages for the disturbances caused as a result of his light display. Visitors to the neighborhood entered upon the property owned by the plaintiffs where they discarded trash. These visitors willfully interfered with the homeowners’ enjoyment and ease of use of their property. Osborne’s display included over 1.5 million lights. It is reasonable that over 1.5 million lights would create a disturbance to neighboring property owners. The landowners were not able to enjoy their property as it was disturbed by the uninvited visitors.
Osborne claims he does not owe damages to the homeowners. He constructed the light display on his property. He argues he is allowed to do as he pleases with the structures on his property. He claims he is not responsible for the visitors’ actions.
Conclusion: The court rules in favor of the plaintiffs. The light display created a nuisance in the neighborhood in addition to providing ease for the trespass of visitors on the properties.

A Question of Ethics—Defamation. Aric Toll owns and manages the Balboa Island Vi

A Question of Ethics—Defamation. Aric Toll owns and manages the Balboa Island Village Inn, a restaurant and bar in Newport Beach, California. Anne Lemen lives across from the inn. Lemen complained to the authorities about the inn’s customers, whom she called “drunks” and “whores.” She referred to Aric’s wife as “Madam Whore” and told neighbors that the owners were involved in illegal drugs and prostitution. Lemen told Ewa Cook, a bartender at the Inn, that Cook “worked for Satan.” She repeated her statements to potential customers, and the inn’s sales dropped more than 20 percent. The inn filed a suit against Lemen. [Balboa Island Village Inn, Inc. v. Lemen, 40 Cal.4th 1141, 156 P.3d 339 (2007)] (See Business and the Bill of Rights.)
Are Lemen’s statements about the inn’s owners, customers, and activities protected by the U.S. Constitution? Should such statements be protected? In whose favor should the court rule? Why?
Did Lemen behave unethically in the circumstances of this case? Explain.

Please read the prenuptial agreement between the actor Bill Murray and his then-

Please read the prenuptial agreement between the actor Bill Murray and his then-wife Jennifer Butler, signed in 1997. Please see it in the attached file. Answer the three questions below in 2 pages.
What is the contract consideration of each party to the agreement?
Would the children who are a product of the marriage have a right to sue for enforcement of the agreement, or to claim it is an unconscionable agreement? Why or why not?
In light of the first section of our course material, please consider what could be added to this contract if you were drafting it. If you think there is nothing needed to be added, then explain why. (hint: something should be added)

DO NOT USE AI. Brief: CBS Corp. v. FCC, p.7 and North Atlantic Instruments Inc.

DO NOT USE AI. Brief: CBS Corp. v. FCC, p.7 and North Atlantic Instruments Inc. v. Haber, p.11. Problem Cases: 1, 3 and 10, p.18-9. Here’s the link for the book. https://cdn.discordapp.com/attachments/1198893626160320578/1200182408960557116/Jamie_Darin_Prenkert_A._James_Barnes_Joshua_Perry_Todd_Haugh_Abbey_Stemler_-_Business_Law__The_Ethical_Global_and_Digital_Environment-McGraw_Hill_2022_compressed_1.pdf?ex=65c53ff8&is=65b2caf8&hm=43f6d14a2b64ea463a83b64b1323ebb5c0a71d913524201efbd3de98c94ce1d3&