Canadian Immigration law

Canadian Immigration law. You are representing a client before the Immigration Division of the IRB for an inadmissibility hearing.  At the beginning of your client’s hearing, the Member exchanges pleasant greetings with opposing counsel and you overhear them chatting about a mutual acquaintance. What should you do? 

 

a) Immediately request that the Member recuse themself from the proceedings. 
b) Make notes about the incident to raise an allegation of reasonable apprehension of bias arguments in case you have to appeal the decision. 
c) Nothing – it is okay to be friendly in this professional setting. 
d) Warn opposing counsel of a possible conflict of interest.  

The Delaware River

The Delaware River is a major river running through five U.S. states—New York, New Jersey, Pennsylvania, Maryland and Delaware. Starting in New York State’s Catskill Mountains, the river flows 419 miles into Delaware Bay where its waters enter the Atlantic Ocean near Cape May in New Jersey and Cape Henlopen in Delaware.

The Clean River Enjoyment Workforce (“CREW”) is an organization headquartered in New York, with members in the five states through which the River runs.  Its members (1) advocate for policies designed to maintain the beauty of the River and to prevent its pollution; (2) engage in clean-up activities; and (3) fish, swim, canoe, and generally recreate along and in the River.  Ruth Ann Roberts lives in FrenchtownNJ and is a member of CREW.  Her family has owned and operated Roberts River Adventures for 50 years, a company that runs activities such as tubing trips, fishing trips and riverside parties, along the River.  Matt Denn is the Lieutenant Governor of Delaware and has deep concerns about the River’s vitality.

The U.S. Army Corps of Engineers plans to build a dam along the River, in New Jersey.  The Corps believes the dam will ultimately help harness the power of the water and turn it into electricity.  The dam is also designed to allow for a greater ability to prevent and clean pollutants.  The Environmental Policy Act requires Environmental Impact Statements (“EIS”) to be filed before building such projects.  No EIS has yet been filed.

Construction on the dam would begin in one month, and it would take an estimated five years to complete.  The members of CREW believe that the dam will drastically change the River’s aesthetics as well as its suitability for recreational activities.  They do not believe that the EIS would provide a basis to stop the project from going forward, but they think it is essential to learn more.  While understanding that some environmental benefits are possible from the dam, they contend that burdens are far worse than the benefits.

ASSIGNMENT: You have been contacted by a friend who knows all the above-mentioned individuals and groups.  Show how to write a legal memo to advise on a legal strategy to challenge, in court, the Corps’ failure to file an EIS.  Who would be best positioned to bring such a challenge in court, and how do they meet the basic standing requirements?  Compare the relative advantages and disadvantages of these interested individuals.

An Ontario employment statute and its regulations

Look up an Ontario employment statute and its regulations by going to http://www.e- laws.gov.on.ca Look up the Employment Standards Act. (use the search feature) Locate the regulations created under the ESA. Go to Reg 285/01: "When Work Deemed to Be Performed, Exemptions, and Special Rules" (13 pages) Download and read the regulation https://www.ontario.ca/laws/regulation/010285? search=employment+standards+act Complete your responses to the following questions

The Global health issue in child growth

The global health issue in child growth. Consider the U.S. national/federal health policies that have been adapted for the global health issue selected. Compare these policies to that of China

  • Explain the strengths and weaknesses of each policy.
  • Explain how the social determinants of health may impact the global health issue selected. Be specific and provide examples.
  • Using the WHO’s Organization’s global health agenda, analyze how each country’s government addresses cost, quality, and access to the global health issue selected.
  • Explain how the health policy selected might impact the health of the global population. Be specific and provide examples.
  • Explain how the health policy selected might impact the role of the nurse in each country.
  • Explain how global health issues impact local healthcare organizations and policies in both countries. Be specific and provide examples.

Three core Rule of law principles

AV Dicey has three core rule of law principles:  law must have supremacy over influence or arbitrary power. The law applies equally to everyone Anyone who is denied a right/ liberty may seek remedy in court

 

Could you please explain each of them with further details and example. Could you please also avoid using a bullet form. thank you!

A Jurisdiction that applies Contributory negligence

Zane is jaywalking in a jurisdiction that applies contributory negligence. Walter sees Zane in the street, notices that he is not in the crosswalk, and proceeds to hit Zane with his vehicle because he believes that Zane should be taught a lesson about how to cross the street. Walter does slow down somewhat and only causes Zane some significant bruising, but Zane is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

 

Multiple Choice

  • Walter will not be held liable because Zane was contributorily negligent.
  • Zane will lose because Walter, at least, reduced his speed.
  • Zane will win because of comparative negligence.
  • Walter will win because of the assumption of risk doctrine based upon the fact that Zane committed an offense by crossing the street which he did in violation of clearly defined law.

 

Fair warning” mandate is found in?

In a military commission, to try a soldier for war crimes, it must be demonstrated that this soldier has received “fair warning”. This “fair warning” mandate is found in?

 

The War Powers Clause of Article II § 8 of the U.S. Constitution

 

 

The Ex Post Facto Clause in Article I § 9 of the U.S. Constitution

 

 

The Fair Warning Clause in Article II §7 of the U.S. Constitution

 

Lesbian, Gay, Bisexual, or Transgender advocate

Case Analysis:  Jose, male 25 years old, wanted to get married to Paolo also male, 26 years old. They want to tie a knot before a judge who is a Lesbian, Gay, Bisexual, or Transgender advocate. Jose and Paolo believed that a priest will not allow them to get married because of their sexual orientation hence they want a civil wedding. If you are the judge, will you solemnize their marriage?

Why? Explain your answer based on law and family code. (Your opinion is baseless if it is not based on law.)

Conducting an initial client interview with a client who is involved in a custody

You are a paralegal working in a small law firm in Chicago.  You are conducting an initial client interview with a client who is involved in a custody dispute with her partner, and you become fairly certain that the client is lying to you.  What do you think you should do in this stage of the process?  Do you confront the client?  Do you ignore your concerns?  Are there any techniques you might use for eliciting the truth?  Is it your responsibility to elicit the truth?

Death penalty upon an individual for crimes

Review the case of Roper v. Simmons (2005) – in which the U.S. Supreme Court ruled that it is unconstitutional to impose the capital punishment death penalty upon an individual for crimes (including first-degree premeditated murder) that individual committed while under the age of 18.

In other words, in the briefest of terms, in Roper (2005), the Court ruled that you cannot sentence a person to death for any crime, not even first-degree premeditated murder, if they were under 18 years of age at the time they committed the crime.

Examine the facts of the Roper (2005) case — and specifically the horrific murder involved.

Question: 

  • Do you think the Supreme Court’s decision in Roper (2005) was the correct one in that specific case?
  • Do you agree with the Court’s decision in Roper (2005) in general?
  • The Roper (2005) ruling is settled law at this point in time —- but do you think the Court’s ruling should/should not apply to individuals under the age of 18 who commit school shootings or other types of mass-murder events?