The applicable Federal Rule of Civil Procedure

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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

The Convenience of public policy

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Compare these two quotes : ” What do you mean by the word proximate is that because of the Convenience of public policy of a rough sense of justice the law arbitrarily declines to trace a series of events beyond a certain point at the beginning of this logic. It is practical politics.”

 

“The risk reasonably to be perceived defines the duty to be obeyed.”

A Divorce and legal advice as to rights

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Brenda Battle made an appointment with Gary Athman, a well-known divorce attorney. During the client interview, Brenda told Gary that she wanted a divorce and legal advice as to rights. Gary informed her of her legal rights and counseled her on separate and community property. He also made recommendations on the steps she should take before beginning proceedings. Brenda did not retain Gary to handle her divorce proceedings but paid him for his time and his legal advice. Two weeks later, Sam Battle, Brenda’s estranged husband, made an appointment with Gary. He asked Gary to begin divorce proceedings against Brenda.

a. Should Gary represent Sam against Brenda? If so, why? If not, why not?

b. What ethical rule or rules apply to this case?

A Red stoplight

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While driving his vehicle, Herb approaches 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.

Courts interpreting Title VII

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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 authorizes 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 harassment on the basis of sex, where the harassment is motivated by non-conformity with gender stereotypes.

A Presumption of ignorance of the law

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While Miranda warnings must be offered to many individuals who come in contact with police officers, it appears to be the one area of law where there is a presumption of ignorance of the law, and Police officers are charged with forming an educational role. . What are some of the arguments that could be offered both for and against the requirement of warning subjects who must deal with the police? .

If some individuals understand the Miranda warnings without having to have the warnings read to that person, why should the Supreme Court hold that the warnings must be read to everyone to whom they apply? 3. If Miranda had never been decided, would you advocate that a similar warning should be instituted to ensure proper police conduct or would no warning be more appropriate?

History of the Development of sources of international law?

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De lege ferenda, de lege lata in the context of the development of sources of law and sources of international law? 2. History of the development of sources of international law? 3. Why is the theory of sources has been so important for international lawyers? 4. The difference between “formal” and “material” sources of international law. What is the relevance of either category? 5. Analysis of article 38 of the Statute of the International Court of Justice.

6. Does Article 38 of the Statute of the ICJ fully reflect the realities of contemporary international law?

7. Comment on statement: “previous decisions of the Court are, as a matter both of legal principle and of actual experience, one of the enduring factors which influence its future decisions. They are evidence of what the Court considers to be the law; they are a reliable indication of the future attitude of the Court; for most practical purposes they show therefore what international law is.

In fact, they are to a substantial degree identical to the sources of law enumerated in the first three paragraphs of Article 38. In form, they may be merely a subsidiary means for determining what these sources are.

The effect is the same.” (Hersch Lauterpacht, The Development of International law by the International Court, London, 1958. P. 22). 8. Advantages and disadvantages of treaties as sources of public international law?

9. What is the difference between “law-making treaties” and “contractual treaties”? 10. Analysis of article 38 of the Statute of the International Court of Justice.

Educational records including weekly work

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You are the principal of a Middle School.  You receive a telephone call from the Fulton region of Atlanta.  An individual identifies herself as the parent (mother) of Sally Brown, an eighth-grade student in your school.  The caller claiming to be the mother requests a copy of all her educational records including weekly work and any other communication shared with her father.   She states that she obviously cannot travel to your school to review the records and would like you to send Sally’s records to her.  The records can be mailed to Atlanta State Prison, care of the Natural Mother (#67101), Atlanta, GA.
You review Sally’s enrollment data.  Upon her father enrolling Sally, he did not identify who the mother was-nor does the birth certificate he provided when he enrolled Sally.
Meanwhile, Sally’s teacher is strenuously objecting to any contact with a parent who is incarcerated.

1.    Do you telephone the father and inform him of the request?  If so, why?  If not, why?  After talking with the father, he denies that the Natural Mother is the mother of Sally and directs you not to produce the educational records for her.
2.    Do you have any questions for the father?  What do you tell him?  How would you handle this issue according to FERPA?
3.    How will you explain your final decision to the teacher?

Reading The Fine Art of Baloney

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After reading The Fine Art of Baloney, discuss three examples of the fallacies listed by Sagan that you have seen in your work. If not in your work, discuss three examples you’ve seen in your life experience. For each example, what was the result? For at least one of the examples, explain how the tools that were discussed in either the lecture or the reading might have been utilized.

  • After reading pp. 67-71 of Dark Data, briefly explain two of the following concepts and why they are important for data analytics:
  • Availability Bias
  • Base Rate Fallacy
  • Conjunction Fallacy
  • Confirmation Bias

Boxing has been shown to cause Long-term brain injuries

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Boxing has been shown to cause long-term brain injuries to many of its participants. Boxing is also a heavily regulated professional sport in every state.   In a recent heavyweight title match, Johnny ‘Powerhouse’ Smith pounds the head of Billy ‘Iron Man’ Johnson until ‘Iron Man’ collapses and falls onto the mat. ‘Powerhouse’ is declared the winner and dances around his unconscious opponent.

The next day ‘Iron Man’ fall into a comma and when he awakens three days later he cannot remember who he is.

‘Iron Man’ now slurs his words, walks with a heavy limp due to a stroke he suffered as a result of the beating he took to his head at the hands of ‘Powerhouse’. His career is over and will likely need constant care for the rest of his life.Should the state bear any liability and be forced to pay monetary damages because it failed to protect boxers from foreseeable injuries? Did ‘Iron Man’ assume the risk of his injuries when he entered the ring?