Tag: Academic writing

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.

A. Sentence Structure: Punctuation, Dangling and Misplaced Modifiers, and Distant Verbs Revise the sentences below to deal appropriately with misplaced or dangling modifiers. sentence fragments, comma splices, verbs that are postponed to the end of the sentence, and verbs that are too distant from their subject. 1. While reading the verdict out loud, the defendant listened attentively. 2. The attorney advised her client to settle the case. the client refused because he thought he could win at trial. 3. The defendant, in addition to having to pay compensatory damages for committing battery. may be required to pay punitive damages. 4. My client discussed your proposal to fill the sewer with her partners. 5. Once filled with gas, you can drive the car on the road trip.

“History and precedent aside, the decision in Miranda, if read as an explication of what the Constitution requires, is preposterous.
There is a world of difference … between compelling a suspect to incriminate himself and preventing him from foolishly doing so of his own accord.
Preventing foolish (rather than compelled) confessions is likewise the only conceivable basis for the rules (suggested in Miranda…) that courts must exclude any confession elicited by questioning conducted, without interruption, after the suspect has indicated a desire to stand on his right to remain silent. …The Constitution is not, unlike the Miranda majority, offended by a criminal’s commendable qualm of conscience or fortunate fit of stupidity.
Finally, I am not convinced … that Miranda should be preserved because the decision occupies a special place in the “public’s consciousness.” As far as I am aware, the public is not under the illusion that we are infallible….”
Reflect on what you believe the judge is saying in this dissenting opinion.
1.  In the 34 years following the Miranda decision, the Court was asked to decide 60 cases involving the rules it established. Why does this dissenting justice object to the rules established in Miranda v. Arizona?  Make sure to be specific and detailed in your answer.
2.  Do you think holdings should be preserved because they are firmly in the “public’s consciousness”?  Why or why not?  Make sure to include what you believe it means for a holding (like
Miranda
) to be a part of the “public consciousness.
PLEASE HELP ME ANSWER THESE QUESTIONS, PLEASE PUT QUESTION NUMBER AND ANSWER UNDERNEATH FOR A BETTER UNSTANDING (TOP PART IS THE READING)

Violet visits Malmart with her daughter  Judy, aged 7. A promotion for pink kitty face paints is taking place and children are being offered a free make-over. Violet lets Jude take part. Violet buys some bagels and a bag of mixed berries that bear the notice’ wash thoroughly before consumption’. Then she visits the bakery to buy some fish and chips for her neighbour Susanne and puts the bagels in the freezer in accordance with the instructions on the packet. She uses the berries to make a fruit salad for herself and her husband Martin.
That evening Violet and her husband Martin, become ill from bacteria from the berries.
Next day Judy develops an allergic rash, which her doctor says is caused by the face paints.
Later in the week Susanne contracts food poisoning which is traced to the fish and chips. A month later Violet retrieves the bagels from the freezer and defrosts it. When she goes to open the packet she discovers they have weird smell and can not be eaten.
Discuss the remedies available to Violet, Judy, Martin and Susanne.