Law- suit against the city

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WHERE IS THE CLIENT Client Steven Bristol was scheduled to have his deposition taken regarding his law- suit against the city. He had forgotten when the deposition was scheduled but was certain it was coming up soon. He contacted his lawyer to ask for the date of the deposition. The secretary told him the attorney was in court but took his name and number and said he would ask the attorney to return Steven’s call. The attorney did not return Steven’s call, so two days later, Steven phoned the attorney again.

Again, the attorney did not return Steven’s call. Steven made two more attempts to contact the attorney for the deposition date and each time received the same reply from the secretary. Two weeks later, Steven was at work when he received a telephone call from his attorney’s secretary:

“Mr. Bristol! Where are you? We are all here in the office ready to take your deposition! We’re waiting for you. When will you be here?”

“What?” said Steven. “I had no idea my deposition was today. I’ve called you four times over the last two weeks to determine the date and could get no information at all! I have made no arrangements with my work to be gone this afternoon, and I have an important meeting to attend. What type of law firm do you run down there, any- way?! Tell the attorney that I want to speak to him immediately!”

Steven’s deposition had to be canceled, the court reporter was sent home, and Steven’s attorney and the city’s attorney wasted an afternoon because of lack of communication.

a. What do you suppose Steven’s response was when he received a bill for legal fees and court reporter costs for that afternoon?

b. How did this incident affect the attorney-client relationship?

c. How should the situation have been handled?

d. Which one of the five Cs of client relations does this situation illustrate?

e. What ethical obligation did the attorney violate?

f. How could a paralegal have helped in this situation?

Decision in Kartinyeri v Commonwealth (1998)

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In 1998, the High Court handed down its decision in Kartinyeri v Commonwealth (1998) 195 CLR 337. Locate the case and read the decision. Select ONE of the four judgments in the case. Critically analyse how the judge/s arrived at their decision.

In your answer, you must include critical discussion of each of the following:

  1. the application of legal authority (legislation and/or cases) to the facts in this case
  2. the application of relevant legal principles
  3. the significance of the judgment you have selected, in relation to the impact of the reception of English law on First Peoples, which we have studied this semester.
  4. comparison of the selected judgment to that of other judgments in Kartinyeri v Commonwealth, making reference to relevant legal theories studied throughout the semester.

What judgment have you selected to focus on for your final assignment for Legal Analysis and Critique? Why did you choose this judgment? Do you agree with the decision of the judge whose analysis you are critiquing? How might your understanding of some of the legal theories could help you to analyse the decision?

THE INITIAL CLIENT INTERVIEW 

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THE INITIAL CLIENT INTERVIEW  Norma Hunter, a paralegal, works for the law firm of Everett & Mullins, a respected medium-sized law firm. Her supervising attorney is Rick Everett, who specializes in criminal defense work. Norma assists Rick in the initial client interview by taking notes to be sure that they do not miss any facts.

She often accompanies Rick to the jail to interview incarcerated clients. Rick was called to represent Charles Nix, a man accused of raping and murdering several women in the area. Rick and Norma went to the jail to interview Charles. The arraignment was scheduled for the next week.

As they entered the interview room, Charles was present, as was a guard who would not let Charles out of his sight. Halfway through the interview, Rick was called out of the room to answer a telephone call. While he was gone, Charles continued his story and asked Norma many questions that affected his rights. He also asked Norma for some legal advice concerning his case.

a. What should Norma’s response be?

b. Does attorney-client privilege apply to this situation?

c. Does attorney-client privilege apply to the time Rick was out of the room?

d. If you were Norma, what would you do?

e. If you were Norma, how would you protect attorney-client privilege?

The Court finding very much made it illegal for there to be Same-sex marriages

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Evident comprehension of the case on display, though with some confusion as to the legal outcome – the Court finding very much made it illegal for there to be same-sex marriages, thus necessitating further legislative change. Either way, note that this display of knowledge can be deepened considerably, however, by providing pinpoint references to specific elements in judicial reasoning.

The comprehension you show here is sound, but also abstracted: we want to give our readers more detailed and specific knowledge than a Wikipedia-ish summary.

– Use of multiple legal theories to analyze the case results in a broad, though ultra-brief, coverage of the possible permutations of theoretical engagement with the case. This creates opportunity for a number of rewarding insights, but unfortunately prevents you from being able to explore any position in particular depth – something to be aware of as a strategy in the future!

– There is room for improvement where specific pinpointing of the judgment is concerned – tying together the analysis with the object being analyzed is helpful for showing the evidence for your observations to the reader.

– Very little in the way of further research is apparent; the submission adheres closely to provided materials and Subject texts. Subject texts (like Connecting with Law and ‘The Case of the Speluncean Explorer’) don’t exactly demonstrate the ability to discover and integrate further material to the argument! Aside from the fact that further research was requested by the task, note that it is also valuable as a source of information and authority for informing your analysis, and supporting your critique.

– The scattergun approach to mentions of theory has the consequence that definitions of key theoretical terms are done ultra-quickly, effectively taking for granted that the audience understands the specific meanings that you are attributing to each theoretical approach. It can be helpful to explore this more fully in future submissions: often, the definitions of our key criteria will be highly decisive, and thus will serve as a point of argument.

In particular, I note that the concepts, such as NLT and positivism, employed here do not give much recognition to the diversity of different versions of each theory – this can significantly change the agreeability of the argument, and so is worth at least considering. This is also a great place to demonstrate and make use of further research.
Critique:

 

– This submission needed to take a bit more time to engage in possible debate in its analysis. The best way to for this would be to more thoroughly and explicitly engage with counterarguments to the positions considered. It is not quite enough to simply frame jurisprudential theories as being in tension with one another: we need to grapple with the value-based arguments which different theorists put forward for why their version of the theory should be preferred.

– The critical focus of this submission was on whether positivism or natural law theory, or indeed any other theory, would be the more effective diagnosis for the reasoning in the case. Note, though, that this kind of yes-or-no inquiry misses out on the deeper question of whether the judgment was good and defensible, or whether positivism or natural law theory are useful for generating practical insight into the case.

Try to take further critical opportunities like these – although more challenging points of discussion, they give you more opportunity to show off your insight and ability than a simple colour-swatch comparison exercise.

– Some key points of argument needed further development to fully land.

– Be prepared to skeptically challenge claims – this is an important facet of criticality. This submission is sometimes at risk of conceding too greatly to the authority of the court or to the loose theoretical definitions which the discussion assumed, thus missing out on the potential dimensions of arguability in court/theorist reasoning.

– It is one thing to state arguments, and quite another thing to argue them. Try to avoid superficially listing points of argument and critique in a dot-point form, and genuinely engage with them to explain why they might be valid, and to evaluate whether they should change our ultimate impressions of the material.

In future, try to move from stating arguments as dot-pointish factual claims, to actually arguing with, and arbitrating the winner of, competing value positions. Which should we agree with? is the fundamental question to ask, and seek to answer; whether the reasoning of the case is more positivist than not is only the first step to having this deeper, more rewarding conversation.

 

Structure:

 

– The most important structural point for the future is the need for a clear core argument which forms the point of the essay. Being clear and explicit about what this argument is, and how each section contributes to it, is essential for a successful and persuasive critical analysis essay.

– Great summary and background for the case. The introduction is, however, missing an outline of the core argument for the submission, and the steps that will be taken to try to communicate it to the audience. In future, it will be helpful to keep in mind, focally and structurally, the need to draw reader attention to the point you will be trying to convince them of – this is important to the concept of a critical analysis essay.

– No title marks a slight missed opportunity for additional structure and personalization.

– Structural logic is transparent and clear from the headings employed, and from the paragraph structure, but reveals as a structural issue the limited amount of time and space which has been given to explore each theory that is mentioned. The ambitious approach which tries to cover everything does indeed serve as a way to generate a number of interesting comments, but ultimately really sucks up your resources and gets in the way of possible argument depth.

To the extent that this is a feature of the strategy as a whole, it reflects a structural issue: your attention here is spread too thin across the various theories you want to discuss, damaging the ability to achieve depth on any of them. In future, plan a structure that allows you to explore fewer points in greater depth.

 

Style:

 

– Highly readable although given to excessive repetition of sentence structures, this submission sets a professional and appropriate tone for its inquiries.

– Neat formatting, nice paragraphs and headings. Consider employing AGLC style headings for further neatness.

– Remember to format: justify paragraphs for a final touch of professional neatness!

– Keep in mind that, while law doesn’t have much regard for excessive poetics, it can be rewarding to jazz up the poetic qualities of your content for a more expressive showing of your critical voice. Part of persuasion is entertaining your reader, as much as it is bludgeoning them with logic.

– Italics use in the text needs to follow the same rules as it would in a footnote; the legal profession uses italics for emphasis or for indicating that a document is an independent source of information. That means, we need to italicize cases and statutes when we mention them.

– This submission features a few occasions of excessive repetition of content without necessarily advancing the discussion on the point. Look out for this in future – clear structural signposting and emphasizing a return to a point are both valuable, but care must be taken to avoid non-productive repetition.

 

Citations:

 

– Generally diligent and effective citation catchment; sound citation forms, barring the absence of italics and the need for full stops for grammatical closure.

– Some missed opportunities to provide citations to specific points in the judgment. Remember – every time a representative comment is made, it is generally appropriate and valuable to give a citation to guide the reader to your evidence. Pinpoints are appropriate, wherever possible.

– Subsequent referencing will need work for future submissions – we avoid repetition of citation information by using ibid, (n x), and short titles as techniques of efficiency. Consult AGLC Rule 1.4 up to Rule 1.5 for further information.

– Italics are absent throughout. These are non-optional elements of citation – the legal profession uses italics to designate status as a source.

 

 

using the above feedback

What were the main strengths and weaknesses identified by the marker in relation to your first assignment? To what extent do you agree with the marker’s views about your work? How will you apply the feedback received for the first assignment to better prepare for your final assignment for Legal Analysis and Critique?

 

Deciding whether Strict liability or negligence (1) should apply

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For class discussion this module, please analyze the following short fact patterns with an eye toward deciding whether strict liability or negligence (1) should apply and (2) does apply as a matter of law:

  1. John is playing with his pet dog in his front yard. The dog sees a child across the street and, without warning, runs toward the child and knocks her over, causing various bruises.
  2. John’s pet alligator escapes from his backyard and bites his neighbor.
  3. A high-tech manufacturing corporation is testing a new technology for using microwaves to improve data density on hard drives, and their experiment causes a metal shard to fly out of their window and hit a passerby across the street, 700 feet away.  There was no specific reason the company should have expected this to happen.

Protagonist (ENFJ) weaknesses Unrealistic

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https://www.16personalities.com/profiles/af8512ebaaefc Protagonist (ENFJ) weaknesses Unrealistic – Many Protagonists put pressure on themselves to right every wrong that they encounter. But no matter how hard these personalities strive, it just isn’t realistic for them to solve all of the world’s problems. If they aren’t careful, they can spread themselves too thin – and be left unable to help anyone. Overly Idealistic – Protagonists tend to have clear ideas about what’s right and what’s wrong.

They often think that everyone shares these fundamental principles – or, at least, that everyone should share these principles. So it can come as a genuine shock to Protagonists when people violate their core values, such as truth or justice.

Condescending – People with this personality type enjoy teaching others, particularly about the causes and beliefs that matter so much to them. But, at times, Protagonists’ attempts to “enlighten” others may come across as patronizing – not the most effective strategy for persuading other people, unfortunately.

Intense – When it comes to self-improvement, Protagonists are rarely short on energy or determination. But they may not recognize that not everyone shares these qualities. At times, Protagonists may push others to make changes that they aren’t ready for – or simply aren’t interested in making in the first place.

Overly Empathetic – Compassion is among this personality type’s greatest strengths. But Protagonists have a tendency to take on other people’s problems as their own – a habit that can leave them emotionally and physically exhausted.

Approaching a red stoplight

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While driving his vehicle, Herb is approaching a red stoplight but his brakes do not respond when he presses on the brake pedal. As a result, the front of Herb’s car hits the rear of Clara’s car. Clara’s car, as a result of the impact, is pushed forward and hits the car in front of her which is owned by Toby.

Who can Toby sue and what claims can Herb and Clara file in response? Be sure to cite the Federal Rules of Civil Procedure.

Medical malpractice

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Benny sued his doctor and the hospital for medical malpractice because his doctor failed to diagnose his lung cancer. If you represented the plaintiff, Benny, discuss in detail what tools of discovery you would use and why. Set forth the applicable Federal Rule of Civil Procedure that applies to each discovery tool. Set forth 3 specific substantive  things or information that you would want to obtain and from whom.

What would you do if the defendants failed to comply with your request? What Rule of Civil Procedure would apply?
Make sure you discuss and define key terms, show knowledge of the subject area, provide a detailed analysis, and cite your sources in Bluebook format

School district policy regarding the use of social media by faculty, staff, and students.

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Review the following school district policy regarding the use of social media by faculty, staff, and students. What are the policy guidelines? Do you feel there should be any more or any less restrictions than what is stated? How will you, as a future school leader, be proactive in addressing the use of social media?

 

 

 

District policy: Technology and the Internet

Technology includes, but is not limited to, HCPS assigned device(s), electronic devices, software, the Internet, social networks, email, and web pages. All HCPS users are responsible for the appropriate use of all technology to which they have access, even if such use takes place off school property or after school hours.

The security, safety of, and opportunity for our students and staff is paramount. Students and staff are encouraged to use school division technologies in support of teaching and learning, recognizing that there is an inherent responsibility to protect one’s self, others, and property in the process. To minimize risk, HCPS employs a number of tools and monitoring technologies, such as filters, designed to comply with relevant laws as well as to have a reasonable expectation of safety. It is ultimately up to each individual student or staff member to be responsible for his or her use of these networks and to understand the specific policies herein as they pertain to HCPS assigned device(s), network, and Internet use.

Courts Interpreting Title VII

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TRUE OR FALSE. The majority of courts interpreting Title VII find that the statute does not authorize victims of sexual harassment to recover damages from a supervisor or other employer agent who actually perpetrates the sexual harassment. In contrast, California’s Fair Employment and Housing Act expressly authorize personal liability against employee (supervisor or coworker) harassers for sexual harassment.

 

2. Under Title VII, there is no personal liability for sex discrimination (not including harassment claims).

 

3. The Supreme Court has held that the Faragher-Ellerth affirmative defense is available in some cases even where a supervisor’s misconduct warranted the plaintiff’s resignation and thus constituted a constructive discharge.

 

4. A predictive stereotype would be “women should not conduct themselves in an aggressive manner” whereas a normative stereotype is “women are not likely to be sufficiently aggressive.

 

5.  Courts prior to Bostock held that gay employees are protected against harassmen