Category: Law

End-of-Course Reflection Paper

This reflection entry is your final assignment for LAWS310. You will write an essay in the first person. The final essay should be 2-3 pages long.

Answer the following:

What were your expectations at the start of this course?
Describe your experiences during this course as to course assignments.
What have you learned or experienced that was useful for you in your current career?
How will this course help you in your future career?
How has this course helped you to develop?
Of the topics covered in this course, which were the most relevant to you?
What were your favorite things about the course?
What were your least favorite parts?
If you could change anything in this course, what would it be?
Which topic/course objective do you wish we would have spent more time on?
Looking to the future, what skills/knowledge learned in this class do you see yourself using?
Overall, how would you rate your performance in this class? Why? What you could have done better.
Closing thoughts on this course.

Textbook:
Legal Environment of Business

13th

Meiners/Ringleb/Edwards

2018 Cengage

Remediation Assignment on Academic Honesty

-10-12 pages Be in correct APA style, clearly written, contain appropriate headings and be free from grammatical & spelling errors. An abstract and table of contents are not required.
– Include at least 15 scholarly references that are no more than three years old.

Learning activities
1. Visit Capellas Writing Center
Review the resources located in the Writing Center. Pay particular attention to the section regarding Academic Honesty.
Take the Writing Self-Assessment–attached
2. On iGuide, read:
The Capella University policy 3.01.01, Academic Honesty– attached
The Capella University policy 4.02.02, Learner Code of Conduct–attached
3. Research what the American Psychological Association states on this topic:
APA Ethical Principles reference the discussion on integrity in the writing process
APAs Publication Manual see the chapter Crediting Sources, and the introductory
discussion When to Cite
REFLECT on all of the information you have gained from reviewing the materials.

Written assignment
Incorporating your learning from the above sources:
1. Discuss the concepts of plagiarism, academic honesty, and academic integrity, specifically as
they relate to integrity at the personal, course room, and university levels;
2. Discuss the principles and protocols of citing ones sources;
3. Clarify the differences between quoting, paraphrasing and summarizing;
4. State the specific changes you will make to insure that you do not plagiarize again.

Previous Case

I had a look at your draft assignment and it looks good. Double check what you put down for the Pilon case as I think in that case, the small claims decision was upheld but I think the last line of that section says that it should remain with the family court. Please make corrections.

I hope this finds you well.

Pilon v. Lavine, 2016 Case Brief
Full Title: Pilon v. Lavine, 2016 ONSC 1965 (Div. Ct.)
Court: Division Courts.

Procedural History
The case involved a $12,000 debt following a divorce between Lavine and Pilon. According to the plaintiff, before their separation Lavine had offered the loan to Pilon and wanted the settlement of the loan to be part of the separation agreement. The loan payment therefore had to do with the settlement of the outstanding properties and debts and thus applied much to either the small claims debts or property litigations or in the higher courts levels of hearing the case. While the claimant maintains that she wants to hear the case in the small claims court, the defendant is pleading to keep the case in the family court. The judgment of the case should therefore depend on whether the court will find that the transaction was within the contexts of family law relations and not in the claims court or the other way around.
Issue
The main issue was whether the small claims court was the appropriate place for hearing the case. Essentially, the decision would highly depend on the nature of the claim and the nature of the transaction or agreement between the parties during the exchange.
Holding
The main points of contention have to do with the fact that if the case is to be heard in the family law relationship, then it means that the defendant is absolved of the debts and will only pay half of the amount since they are supposed to share the credit under the regulation. On the other hand, if the case is to be heard under the simple claims courts, it means that there was a business transaction and the defendant will be liable under the informal contract in the exchange to make a refund of the money. The hearing will therefore involve defining the nature of the exchange during the time of the exchange and determining whether the nature of the transaction would lead to a binding contract. Contexts that would leave the defendant free with no further arguing of the case include instances, where, for example, the plaintiff may have given the amount as a gift or a similar case.
Rules
The loan agreement and the nature of the transaction will determine how the defendant should pay back and the amounts that he should pay
The court will determine the existence of the loan agreement and the boundaries of the payment schedules and nature of the payment transactions
Reasoning
The main reasoning in the case has to do with the Uniform Marital Property Act that emerged in 1983 to define the way that the family should handle property and wealth during divorce and separation. Accordingly, the case suggests that there was a pending debt during the relationship that had to be arbitrated at the time of the separation. The court is to make a decision whether or not the debt qualifies in the case considering that the couple is separated and each individual is leading their own lives. The legal notion is that if the debt belonged to an asset that the couple shared then it would be judged under the family law relationship and both the defendant and Lavine will have to repay the debt.
Facts
Lavine and Pilon are separating from a marital relationship and have to mitigate the separation of properties and debts among the couple
According to the financial history, Pilon owed Lavine a sum of $24,000 of which Pilon payed half the amount as per the payment schedules of the loan agreement
At the end of the relationship, Pilon still owed the plaintiff $12,000 which Lavine requested to be settled as a small claims settlement.
The court found that the loan, which was evidenced by the agreement and payment schedule still fell under the family law relationship and would be heard as such since they were contingent to the contexts of marriage between the two.

Any topic (writer’s choice)

Legal Environment of Business

Instructions. This exercise is designed for you to demonstrate further your understanding and use of the IRAC process to analyze issues of liability that appear in the case scenario below. This time, unlike Writing Assignment 1 where you were given the Rule and guided through the Analysis, you must create all parts of IRAC (Issue, Rule, Analysis, Conclusion) for your paper. Start with the two issues and write an issue statement that is a legal question (again, just like you did in Writing Assignment 1, although this time the issue(s) wont have to do with ethics, but instead should involve tort liability). 

To put this into the IRAC framework, you should:
(1) Identify liability issue(s) (Issue);
(2) Identify and describe the legal rules and/or laws that apply to those issues (Rule);
(3)    Connect relevant facts (from the fact scenario) to the Rule(s) you identified in paragraph 2 (Analysis); and
(4) Summarize your conclusions regarding tort liability (Conclusion).

Remember  the Analysis is not a restatement of the facts, and is not an assertion of your conclusion; instead, the Analysis is where you apply the law to the facts to fully explain to the reader why and how there is or is not liability. The paper should be no more than three (3) pages long, double-spaced. The grading rubric will be used to score your paper.

Case Scenario. Danny, a computer hacker and aspiring comedian, founded the Society of Pranksters, a network of prank callers. Danny records and then uploads his prank calls to YouTube. In one such prank, Danny called a pizza store (Store) claiming to be from the corporate office, and convinced the Stores employee to give him the names, phone numbers, and order details of the people who had most recently placed orders. Juvenile hilarity ensued as Danny then made a prank call to one of the individuals who had just ordered a pizza (Customer). In the call, Danny (falsely) represented that he was the manager of the pizza store, and told Customerwho was a strict vegetarianthat his pizza would have to include sausage, because the sausage would otherwise go to waste. The conversation lasted about 15 minutes and ended with the frustrated Customer calling the Store and cancelling his order (for which he had not yet paid). The Store had already made the pizza and was prepared to deliver it. Danny was on his cell phone and was driving his car at the time of the prank. As he went to hang up his phone at the conclusion of the call, Danny took his eyes off of the road for several seconds and collided with Pams car, which was properly stopped at a red light. Pam suffered several physical injuries and her car was totaled.

Discussion and guidance. This hypothetical is more complex than the one for Writing Assignment 1 because there are multiple actors involved here. Focus on identifying the torts in this scenario. Perhaps the best place to start is to map out the parties mentioned and their relationships with one another. Then, you should identify who the plaintiffs are (there will be two of them, since we have two separate claims in this scenario), and also identify the tortfeasor (or defendant). Ask yourself who has been injured. Who has suffered a financial loss, and whose conduct caused those losses? Be sure to consult the Critical Paper 2 flow chart for additional guidance.

Information in Paper instructions

For this assignment, you will be applying what you have learned about the National Incident Management System (NIMS) and the Incident Command System (ICS). To begin, please see the following instructions:

Choose one of the following critical infrastructures from the list below:
energy company;
water company;
transportation company;
police, firefighters, or emergency medical services (EMS);
hospital; or
non-governmental organization (i.e., a commercial facility).

Select one of the following threats that your critical infrastructure will respond to for the purpose of this assignment:
terrorist attack/active shooter incident,
weapons of mass destruction (WMD) threat, or
cybersecurity attack.

In this assignment, you will be completing designated sections of an ICS 201 form. The ICS 201 form provides the Incident Commander/Unified Command and General Staff with basic information regarding the incident situation and the resources allocated to the incident. This form also serves as a permanent record of the initial response to the incident. Using the ICS 201 form linked below, fill out the highlighted sections in order to relay the pertinent information about the event to the responding organization:

Include the incident name (p.1).

Provide the situation summary and health and safety briefing (p. 1), which should consist of no less than 300 words and be detailed enough to be self-explanatory since your professor will only have this document available to use in understanding the threat and ICS components being presented.

Include your name, position, and signature (p. 1).

Include current and planned objectives (p. 2).

Fill out the organizational chart for your current organization (p. 3), which should be detailed enough to be self-explanatory in terms of how these positions were filled since your professor will only have this document available to use in understanding the threat and ICS components being presented.

At the bottom of the ICS 201 form (last page), please include an essay of no less than 200 words that describes how an ICS can work as a part of the National Response Framework (NRF) and NIMS to improve the response to terrorist threats or incidents. Any references and citations must be formatted according to APA style and should be listed at the bottom of your essay.

Information in Paper instructions

Thinking about what you have learned in this unit about how the U.S. Department of Homeland Security (DHS) responds to disasters or terrorist attacks, do you feel that the DHS could improve their response to these events, or do you believe that it does enough to ensure recovery of communities and individual citizens? Describe why you feel this way.

Your journal entry must be at least 200 words. No references or citations are necessary.

Information in Paper instructions

The template contains three questions. Please answer each question in the space provided on the template. The space will expand as you type. Once you have completed the template and saved your document, upload your document to Blackboard for grading. APA formatting is not required.

Information in Paper instructions

Thinking about your own public safety, your security mission, or your desired position within the homeland security field, explain how one of the five mission areas (prevention, protection, mitigation, response, or recovery) might relate to these topic areas. Which area do you see as being the most important for security, and why?

Your journal entry must be at least 200 words. No references or citations are necessary.

Information in Paper instructions

Criminal justice agencies sometimes rely on private funds. These funds come from charitable giving, foundations, businesses, private individuals, and community groups. For example, some agencies may accept funds to offset the cost of mounted patrol units that would otherwise be the victim of budget cuts.

For this article review, you are required to locate an article about a city, county, or state agency that accepted private funding. The article you review should be at least two pages in length. Explain the circumstances surrounding this article.

Also, be sure to address these questions in your response.

Do you agree or disagree with accepting private funds for the agency and program in the article you chose? Why, or why not?

Describe how environmental factors may play a role in criminal justice agencies needing funding.

Were there any outside factors that played a role in the agency needing and accepting this funding?

Can you think of any other ways that funding could have been secured other than private funds? Did the agency attempt to secure any other sources of funding prior to accepting private funds?

Do you feel the organization donating funds has any influence on policy? Why, or why not?

Your response must be at least two pages in length and include at least one source. All sources used must be referenced; paraphrased and quoted material must have accompanying APA citations.

Real estate on COVID-19

For this research paper, you will explore the legal impact of the current COVID-19 pandemic through the lens of property owners and occupiers, buyers and sellers.
I invite you to research and write about local laws governing where you intend to live after graduation. For example, if you will plan to live in LA, write about LAs response. If you plan to live in Orange County, research and write about whats happening in that local community. The goal of this paper is for you to explore the impact of COVID-19 on housing or commercial real estate in the community you plan to live/work in after graduation.
Take this opportunity to think deeply about the personal and economic impact of COVID-19 and the attendant social distancing measures, and how it might impact you and those around you. We all need housing. Whether you explore the impact on residential real estate through the lens of landlord/tenant or buyer/seller, this is impacting you and those around you. Similarly, we want to graduate and earn income, but this pandemic is impacting the physical nature of how we work. Despite the fact that there are commercial lease contracts in place and obligations to pay rent, restaurants are empty, and offices are closed.
By researching and deeply understanding the impact and responsive rules, regulations, and best practices, you are empowering yourself with the knowledge and confidence to make important decisions in the coming months and years. Choose any fact pattern you wish. My intention is that this research paper arm you with knowledge about a topic that is directly relevant to your life, so I invite you to choose the fact pattern most relevant to you. Also, feel free to revise the facts if these dont speak to you, especially if you or someone you care about is facing a residential or commercial real estate related issue you would like to learn more about. Take this opportunity to explore impact and solutions that mean something to you. Please state the facts and the beginning of your paper and identify the problem you are addressing so I can read your paper through your lens.
Sample Fact Patterns
Choose from the fact patterns, below. Feel free to revise the facts to resemble a situation/problem you would like to analyze. Describe your chosen fact pattern in the INTRODUCTION.
1. Residential landlord tenant- The restaurant where the tenant worked is only selling takeout and delivery and tenant has lost his job. Tenant is unable to pay rent and doesnt envision being able to get another job until social distancing rules are relaxed, although tenant is willing to try. Discuss the rights and duties of the parties. What steps should both parties take to protect themselves?
– Be sure to reference and discuss all relevant CAR forms, including the residential lease and the COVID-19 specific forms we discussed in class.

Discuss all relevant laws and ordinances and describe the impact of these laws and ordinances on the rights and duties of the parties. This will require you to do some online research to learn about the relevant laws, and analyze how those laws impact this fact pattern.
– Pretend we are now in August and social distancing rules are still in place. Tenant is still unable to pay full rent. What steps do you think the parties should take? Should the government act (e.g. new laws, protections, stimulus packages) and if so, how?

2. Commercial landlord tenant- Landlord owns a small commercial strip center. Tenant owns a restaurant in one of Landlords units. The restaurant is only permitted to sell food on a take-out and deliver basis. The business is only bringing in 30% of what it was before, and the tenant was already operating on small margins. Tenant has fired all but 2 employees due to Tenants inability to pay their wages. Tenant is unable to pay rent for the months of April, May, and June. Discuss the rights and duties of the parties. What steps should both parties take to protect themselves?
– Be sure to reference and discuss all relevant CAR forms, including the commercial lease and the COVID-19 specific forms we discussed in class.
– Discuss all relevant laws and ordinances and describe the impact of these laws and ordinances on the rights and duties of the parties. This will require you to do some online research to learn about the relevant laws, and analyze how those laws impact this fact pattern. – Pretend we are now in August and social distancing rules are still in place. What steps do you think the parties should take? Should the government act (e.g. new laws, protections, stimulus packages) and if so, how?

3. Sale/purchase of residential real estate- Seller has lost her job and is unable to pay the mortgage. Although banks are deferring mortgage payments, Seller feels that her job will be permanently impacted- she will never get it back. Seller decides to sell her home and hires Listing Agent.
– Describe the relationship between the seller and the listing agent, and what new protections and practices they should put in place to market and sell the home during COVID-19. This includes a discussion of any CAR forms that should accompany the listing agreement.
Now imaging a buyer has submitted an offer. The buyer owns a local messenger deliver service and business is better than ever as people would rather hire his messengers than go out or deliver things themselves. Buyer enters a contract to purchase the property. The parties enter escrow, the buyer is able to get financing, and all the inspection reports come back acceptable. The buyer releases all contingencies and the parties are now locked in. One week before escrow is about to close, the buyer contracts COVID-19 and is hospitalized. The seller still wants to close on time because she is experiencing financial pressure. The buyer (who would later recover after 2 weeks in the hospital) has racked up enormous hospital co-pays. Also, while the buyer was in the hospital, he was unable to run his business and business suffered. Buyer no longer wants to buy the home and move. Moreover, buyer feels that he is now financially unable to afford the home.
– Be sure to reference and discuss all relevant CAR forms, including the purchase agreement and the COVID-19 specific forms we discussed in class.
– Discuss all relevant laws and ordinances and describe the impact of these laws and ordinances on the rights and duties of the parties. This will require you to do some online research to learn about the relevant laws, and analyze how those laws impact this fact pattern.
– Pretend we are now in August and social distancing rules are still in place. How do you envision this impacting how residential real estate is purchased and sold? What best practices would you put in place? What laws, if any, would you enact?