Category: Writing

Millionaire Peter Petrakis presented his fiance, Elizabeth, with a prenuptial agreement three months before their wedding which provided that in the event of a divorce all property acquired during their marriage (1) as a result of his employment and separate property would remain his sole and separate property and (2) as a result of her employment and separate property would remain her sole and separate property. The Agreement provided that Elizabeth was guaranteed a $25,000 payout for every year the couple was married. Elizabeth refused to sign the prenuptial agreement and still had not done so four days before the wedding. Ultimately, Peter convinced her to sign promising that he would tear up the agreement after the couple had children. The couple married and did have children. Soon after, the marriage deteriorated and the couple divorced. However, Peter never tore up the prenup as he promised to do.
Please answer the following eight questions. Please number them in your answer:
?      Do you think the prenup is valid?
?      Was fraud involved?
?      What are the main reasons prenups are found to be invalid?
?      Would a clause that absolved Peter or Elizabeth from paying child support have validity? Why or why not?
?      Would a clause that designated the parent who would have primary custody of the children be valid? Why or why not?
?      Obviously, a spousal support clause was included, but what other clauses can be included in a prenup?
?      What if the prenup included a stipulation regarding how much weight Elizabeth could gain, with a fine of $500 per excess pound? – Would that stipulation be enforceable?
?      In your opinion what demographic enters into prenups nowadays and why?

Define liability and malpractice. Summarize the three areas of general liability for which a physician/employer is responsible. Discuss medical malpractice prevention and summarize the 4 C’s: • Caring • Communication • Competence • Charting Discuss the role and purpose of risk management.

Please answer these questions in 3 or more paragraphs. Thank you! Cite any sources that you use
Do you think copyright laws are dated or are they still relevant to the digital and physical mediums of today?
A&M Records v. Napster Inc., (2001). What was the main issue of this case? What was did the courts decide? (https://en.wikipedia.org/wiki/A%26M_Records,_Inc._v._Napster,_Inc.)
What is the First Sale Doctrine? When is it used? Does it apply to all media?

While on a weekend trip, Stewart and Patricia Kincaid and their two minor children die simultaneously in a plane crash. Two adult children, Frank and Ruth, living at home, are the surviving family members. The major asset Stewart owned was a life insurance policy worth over $500,000 payable to Patricia as the primary beneficiary and to all four children as the secondary beneficiaries. The Kincaids live in a state that has adopted the Uniform Simultaneous Death Act. Under the act, when the insured policyholder (Stewart) and the beneficiary (Patricia) die simultaneously, the life insurance proceeds are distributed as if the insured has survived the beneficiary.
To whom would the life insurance proceeds be paid? How is this decision determined? ( Cite the Source used to answer this question)
If all six members of the Kincaid family had died in the crash, to whom would the life insurance proceeds be paid? Explain. ( Cite the Source used to answer this question)
If Stewart and Patricia had owned property in joint tenancy, how does the Uniform Simultaneous Death Act resolve the problem of dividing the jointly owned property?( Cite the Source used to answer this question)

Indicate whether each statement is true or false. Then, change the italicized word or phrase of each false statement to make it true.
Answers
1. A tort is a wrong against
society.
2. Under the doctrine of
respondeat superior
, a governmental body is immune from tort liability.
3. In the past, charitable institutions and government bodies were immune from
tort
liability.
4. “Master” is the legal name that means
employer.
5.
Several
liability means that all joint tortfeasors must be named as defendants in a lawsuit.
6. Minor children are liable for their
torts
just the same as adults.
7. In comparing a tort with a breach of contract, a tort is a breach of duty imposed by
the parties
, whereas a breach of contract is a breach of duty imposed by
law.
8. A
tort
is a criminal action brought by the state to punish the defendant for the wrongdoing.
9. If one joint tortfeasor is required to pay more than his or her share to the injured party, he or she
may
sue the other joint tortfeasor for the excess.
10. An
agent
is a person who is authorized to act on behalf of another and subject to the other’s control.
Checking Terminology
From the list of legal terms that follows, select the one that matches each definition.
answers
a.acquitted
b.actionable
c.assault
d.battery
e.conversion
f.damages
g.deceit
h.defamation
i.emotional distress
j.false arrest
k.false imprisonment
l.fraud
m.intentional infliction of emotional distress
n.intentional torts
o.invasion of privacy
p.libel
q.malicious prosecution
r.misrepresentation
s.nuisance
t.per se
u.private nuisance
v.public nuisance
w.right of privacy
x.scienter
y.slander
z.tortious
aa.trespass
bb.trespass de bonis asportatis
cc.unintentional torts
dd.waste
ee.willful torts
1.The wrongful act of damaging another’s character or reputation by the use of false statements.
2.Defamation that is communicated by a writing or by other means that is directed toward the sense of sight.
3.Defamation that is communicated by the spoken word.
4.In and of itself; taken alone.
5.Prosecution begun in malice without probable cause.
6.The intentional and unauthorized entry on the land of another.
7.The wrongful exercise of dominion and control over the personal property in another’s possession.
8.Wrongful; implying or involving tort.
9.Torts that are committed intentionally. (Select two answers.)
10.The intentional contact with another person without that person’s permission and without justification.
11.The intentional creation of a reasonable apprehension of an imminent battery.
12.The intentional confinement of a person without legal justification. (Select two answers.)
13.A misrepresentation of a material, existing fact, knowingly made, that causes someone reasonably relying on it to suffer damages. (Select two answers.)
14.A false or deceptive statement or act.
15.The monetary loss suffered by a party as a result of a wrong.
16.Discharged from accusation.
17.That which creates or affords a basis to sue.
18.Trespass for goods carried away.
19.Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another.
20.Knowingly.
21.Negligent or accidental torts.
22.A violation of the right of privacy.
23.The use of one’s property in a way that causes annoyance, inconvenience, or discomfort to another.
24.A nuisance that affects the community at large.
25.The right to be left alone, the right to be free from uncalled-for publicity, and the right to live without unreasonable interference by the public in private matters.
26.The abuse or destructive use of property that is in one’s rightful possession.
27.A nuisance that disturbs one neighbor only.
28.Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another.
Negligence and Product Liability.
Fill in the blanks below.
While shopping in a grocery store, Alison slipped on some liquids that had accumulated in the floor where samples of a new iced tea were being given away. Alison was a(n)                                                         (customer), and the                                                         (carelessness) of the store employees, who were not                                                         (cautious), caused the accident. Because the wrongful act was not extreme, the degree of wrong would probably be considered                                                                                             rather than                                                                                             . The physician who treated Alison for her injuries was capable and not responsible for                                                                                             , although the amount of the physician’s bill became part of Alison’s                                                         . When Alison arrived home, she noticed a police car in front of her house and saw a police officer inside. The officer, who was a(n)                                                              , told her that a neighborhood child had wandered without permission into Alison’s pool area and had almost drowned. A friend of Alison, who was visiting at the time, had rescued the child from drowning. The legal status of the friend was that of a(n)                                                              . Because the child was a trespasser, Alison’s obligation to her would normally have been to refrain from                                                         unless the                                                         doctrine required her to use ordinary care. Should the case go to court, the jury, which is the                                                              , will have to determine whether the child was negligent if the state follows the doctrine of                                                         or the percentage of negligence of each party if the state follows the doctrine of                                                        . Because it is not probable, but merely possible, that Alison was negligent, the plaintiff would not be able to use the doctrine of                                                         to prove the case. Similarly, it is doubtful that Alison can use the defense of                                                                                                                or                                                         if suit is brought promptly.

Is the following statement true? All informed consent documents should be written in non-technical language that potential participants would
understand; rather, the language should be consistent with the proposed participants educational level, cultural views, and familiarity with
research. O A Yes, the statement is true O B. No, the statement is false

1.Define, compare, and contrast Meiklejohnian theory and the marketplace of ideas rationales for protecting free speech.
2.For their school-sponsored spring musical, a group of theater students at a New York public high school decided they would perform
Rent
, a musical chronicling the story of a group of impoverished young artists struggling to survive and create life in New York City’s East Village under the shadow of HIV/AIDS. While their faculty adviser loved the idea of doing the classic, the principal thought otherwise and canceled the show the day before its opening due to a sex scene and mature language. A group of students felt their First Amendment rights had been infringed upon and sued.
The Supreme Court case most useful for the school that we have covered is _______. (Please type only appellant’s name, shortened to the common one-word name for the case.) (Hint: the sexual nature of the play is not the most relevant factor here because there is artistic merit. What else do you notice that is similar to another case we covered?)

Discuss the doctrine of passing of risks in the contract of sale in our law. In your discussion, address the following: (I) The general rule as to the vesting of risk; (II) when the doctrine of passing of risk will become applicable; (III) the general qualifications to the doctrine; (IV) the passing of benefit(s).
In your discussion, make use of examples to explain with whom risk will vest in each case.

In
Donoghue v Stevenson
[1932] AC 562, Lord Atkin referred to ‘acts or omissions which you can reasonably foresee would be likely to injure your neighbour’. However, in
Smith v Littlewoods Organisation Ltd
[1987] 1 All ER 710, Lord Goff stated: ‘the common law does not impose liability for what are called pure omissions’.
Critically assess the circumstances in which a failure to act may give rise to a claim in negligence.
Could you please explain it to me in an essay type answer with cases and all.