Law

You are employed with Mason & Company. Your spouse had a liver disease and eventually received a transplant. Mason & Company is a small company that has a self-insured health plan.  Your spouse’s numerous treatments caused the company to incur substantial costs. Your Human Resources Manager attempted to convince you to accept some alternative arrangement for insuring your spouse, but because there was no viable alternative, your spouse remained under the plan. You were told at one point the company would fire you or make you an independent contractor without benefits, but nothing was done at the time. A year later, you were fired. Conduct research for a case dealing with discrimination under the Employees Retirement Income Security Act (ERISA). Analyze the issue of this case based on the rights of an employee to benefits under ERISA. Discuss whether Mason & Company violated the ERISA by firing you for exercising you and your wife’s rights under an employee benefit plan. Discuss whether employers can refuse to hire or terminate disabled persons or employees with disabled family members based on concerns about the cost of providing them with health insurance.

I need this in 200 words or more, with references and links to the case. Please, no plagiarized  The 4 Ds to Negligence Locate by either researching YouTube (i.e. news reports, etc.), a newspaper, or summary of a legal case, the court document a case in healthcare where there is a lawsuit. Summarize the case. Tell me who the plaintiff and defendant are. Why are the plaintiffs seeking litigation? What were the allegations? If this was negligence, was there a strong case (i.e. discuss the 4 Ds of healthcare law). Share the link so everyone can see/read it. What did you learn? Were you shocked? ·      Duty·      Breach of Duty·      Direct Cause·      Damages

Choose a court case related to forensic science filed and highlight the areas of the trial that relate to class concepts. –      Summary of the case in great detail. As many pages as are necessary to convey the relevant case details. 1)   Use trial transcript. 2)   Highlight course concepts throughout the transcript. §  Annotate your analysis of the highlighted concept – Examples include, but are not limited to:  §  Why is this concept important? §   How is it relative?  §  Are there other rules that might apply?  §  What objections might you expect? §   How might this impact you in the future? Is it clear how the F.R.E. are being utilized?  –      Include overall analysis of your reasoning for selecting this particular case.  

As you prepare for a case presentation, you might feel uncertain about what information to share and what to leave out of your report. The planning phase is very important because the information that you select for your presentation will focus on the issues that you believe to be most important to your client’s care. However, if you do not prepare for questions that others might have or fail to report a key fact, client care might suffer. For this Discussion, review all of your notes related to theories and best practices for client care and then complete the following: 1. Create a hypothetical client who matches your career interest. You may use one from a past exercise or class paper. Describe the client’s demographic information. 2. Describe the client’s main reason for coming to your agency for service/reason for referral. 3. What three facts about the client seem to be most important for others to know in order to provide constructive feedback about his/her case? 4. What recommendations would you make about the client’s treatment? What are you planning to do to continue care? 5. Once you have posted information about your hypothetical client, ask your classmates questions about theirs. Pretend that you are in a case conference/staffing meeting to coordinate care and are offering suggestions to help the client. Textbook as part of the reference page  click the link to get to the textbook https://drive.google.com/drive/folders/0B8Wvh1DbbgNyS0ZXTWh1dkk4cDQ

You are an assistant to the Special Agent in Charge (SAC) of the Organized Crime Task Force. The SAC has asked you to go over certain witness-related situations that will be testified to in an upcoming trial. The SAC has concerns about some of the witness testimony and is trying to avoid embarrassment by turning in records that may not be usable by the Assistant United States Attorney (AUSA) who is prosecuting the case. Tommy “Two Toes” D’Natalia has a certified public accountant (CPA). He has been using his accountant to wash ill-gotten gains from his racketeering. The SAC has a subpoena for the CPA. D’Natalia is claiming privileged communication with his CPA, and it prohibits the accountant from testifying. Luigi “the Pipe” Cardone heard through the grapevine that Big Sal Salvatore has been telling everyone how he was told by Frankie “the Lip” Bonnano that Freddie “Fingers” Malone was murdered by his wife Slippery Sally Genovese-Malone. Cardone wants a deal to testify against Slippery Sally. Lawrence ‘Lucky’ Livorno drove the getaway car for a jewelry store heist. Bertram “Bugsy” Bertoli and Little Carmine D’Angelo went in and robbed the store. During the robbery, Bertoli shot and killed the store owner. D’Angelo and Livorno both want to testify to avoid the death penalty. For your assignment, complete the following in 3–4 pages: Identify which testimony is hearsay and likely to be inadmissible. Identify which testimony is privileged communication and which is not. Identify how the Best Evidence Rule functions in relationship to the witness testimony being proffered.

Summary: Please submit your two-page outline here.  Unlike your last submission, this should outline steps to investigate your topic.  For example: “Is America on the Right Path to Control Opioid Abuse?” 1. The introduction will explain the history of opiates in the US, including where it came from, laws, and users of the drug from the 1800s to present.  Opiates both illegal and prescription based will be examined. 2. Government sources from the Department of Justice, FBI, DEA, and others will show the history of drug laws up to the present in amounts imported, economic impacts, and arrests. This will include Federal laws and show some states that reduced to misdemeanors. Federal incarceration rates vs State prison and county jail statistics will be reviewed. 3. States will be contrasted to show the influence of legalization or decriminalization.  Statistics will show incarceration levels from 1950-2020 by decade comparisons.  Overall numbers in America and also a per capita comparison state by state. 4. Overdose Deaths statistics will be compared by decade, including comparisons of states and their policies of decriminalization (for example- in California, opiate possession is a misdemeanor, while they are felonies in other states.  Which has better control over-incarceration and death rates? 5. Impact on local law enforcement.  Strategies used? Arrests, accommodations? Naloxone effect? 6. Conclusion: Is America doing enough? What else can be done? What is the overall financial cost to the US? Incarceration, public health? Hospitalization? Drug Rehab? Illness/death? Alternatives?

Prompt: Imagine yourself as a paralegal working in a law office that has been tasked with reviewing three current cases. You will review the case studies and compose a short report for each, applying your legal knowledge and understanding of the types of business organizations. In each of the three reports, you will focus on areas of law covered in this course. Case Study Two concentrates on contracts and landlord-tenant law. Case Study Two: Sam Stevens lives in an apartment building where he has been working on his new invention, a machine that plays the sound of a barking dog to scare off potential intruders. A national chain store that sells safety products wants to sell Sam’s product exclusively. Although Sam and the chain store never signed a contract, Sam verbally told a store manager several months ago that he would ship 1,000 units. Sam comes home from work one day and finds two letters in his mailbox. One is an eviction notice from his landlord,Quinn, telling him he has to be out of the apartment in 30 days because his barking device has been bothering the other tenants. It also states that Sam was not allowed to conduct a business from his apartment. Sam is angry because he specifically told Quinn that he was working on a new invention, and Quinn had wished him luck. The second letter is from the chain store, demanding that Sam deliver the promised 1,000 units immediately. Specifically,the following critical elements must be addressed: A. Analyze the elements of this case to determine whether a valid contract exists between Sam and the chain store. Support your response by identifying the elements of a valid contract in your analysis. B. Assume there is not a valid contract between Sam and the chain store. Analyze the elements of a quasi-contract and a promissory estoppel to determine whether the chain store would prevail on a claim of either. Why or why not? Include support for your analysis. C. Identify the rights and obligations of both the landlord and tenant under a standard residential lease agreement. D. Based upon those rights and obligations, does Sam’s landlord have grounds to evict? Why or why not? E. Further, what defenses might Sam raise to an eviction action? Support your response. Guidelines  for Submission: should be a three- to six-page Word document with double spacing, 12-point Times New Roman font, and one-inch margins. Citations should be formatted according to APA style.

Thus, you will pick a topic that relates to injustice or problem with the Canadian criminal justice system. For instance, while we have been learning about the operations and functions the criminal justice system throughout this course, we have also been learning about some of the problems with it such as: ·       Systemic issues of racism and the police  ·       Police, mental health, high rates of suicide, and workplace harassment ·       The special verdict of NCR and the impact on victim’s families  ·       Segregation in prisons (structured intervention units) and the impacts on prisoner’s mental health  ·       Violence inside prisons ·       Drugs and contraband in prisons, including the use of drones  ·       Self-harm and suicide in prisons  ·       Mr. Big Stings, false confessions, and wrongful convictions ·       Systemic discrimination and wrongful convictions ·       Victim blaming  ·       The mass incarceration of Indigenous peoples in prisons ·       The racialized nature of incarceration practices  ·       The crisis of missing and murdered Indigenous women and girls ·       Racism embedded within the Canadian court structure For your paper, you may want to look more closely at one of the issues we learned about in this course, such as one of the issues identified above, or you might want to choose something completely different. This is up to you.    Once you have selected a topic, begin by sketching out key ideas you are interested in. Then start your search. You will need to see what literature has been written on your topic. In order to find information on your issue, a good place to start is with the KPU Library Website.  Our Criminology Librarian here at KPU, Chris Burns, created a helpful video lesson titled “Welcome to the Library for CRIM Students.” She created this in order to provide you with an introduction to the library’s resources. It is 20-minutes long and walks you through the Criminology research guide, and briefly shows the Law research guide, as well as the APA Citation Styleguide. It also emphasizes ways to get in touch with a librarian for help. Watch this video for a helpful guide on getting started. Also, I know some professors do not recommend it, but simple “google” searches on your topic can also bring up good information to use. As a personal preference, I do recommend it, as I find it helpful, especially for finding recent news articles. However, you need to be mindful that you are not citing just any website for evidence or research. Along similar lines, you need to be mindful that you are not citing from a bogus website claiming to be “research,” but is not be research at all, but just opinions, or worse, a website run by hate groups or some type of site with a strong political agenda that is swaying data to fit with their propaganda. I suggest using “Google Scholar” if you want to look up scholarly research on google. However, when it comes to finding scholarly sources, using the library website is always best. Watch this video tutorial titled “How can I tell if my source is scholarly?” which explains how to identify scholarly resources. How to Write a Criminal Justice Focused Research Paper: The Basics Once you have identified some scholarly articles, start reading them and taking notes. Begin by trying to identify the major arguments being made. Take note of any themes. Also, think about the various articles, chapters, or books you have read and ask yourself if they are providing similar or different views on the topic. Once you have identified what the literature is telling you about the topic, and you feel you know this well, then start to question what you have read. This is your time to be critical. For instance, did you find some recent news stories that seem to contradict their findings? If you identified differing perspectives, conclusions, or competing evidence in the literature, point this out, and think about why this might be. After you have your rough notes written down, I suggest you then start to form an outline. Many times, these rough notes turn into an outline as you jot key themes down. The central components to a university paper are usually introduction, body, and conclusion. Sometimes you will be asked to include additional sections as well. Such as with our paper assignment I have asked you to include “recommendations” after your conclusion.  You will want to use sub-titles throughout your paper. “Introduction,” “conclusion,” and “recommendations” are good to include as subtitles in your paper, but you can also add to them. For instance, you might want to have something like this as your introductory subtitle: “Introduction to Wrongful Convictions in Canada” instead of just “Introduction.” The introduction will be where you are setting your paper up. The introductory paragraph will begin with a solid statement that introduces the topic. You might want to begin with a statistic that highlights the urgency of an issue, a statement that shares a major concern in the literature, or a sentence that provides a thought-provoking line about research evidence, as examples. This first sentence is important, as it will be the first sentence that aims to draw the reader into wanting to read your paper. The introduction will establish the context for your paper. It will outline your main points and key argument, followed by preparing the reader for how you are going to be explaining your argument. This will be a roadmap for the reader. You want to tell them where the paper will be going, and what you plan on covering, and in what order. The body of the paper forms the core. Throughout the body of your paper you will have 2 to 3 subtitles that will divide your research findings into themes. You will want to come up with a logical way to present the material you found. Usually here, however, people will not use “body” as part of their sub-title, as after your introduction it is assumed that you are getting into the body of your paper. The sub-titles you choose for your body will be unique titles that you devise based on your research gathered. You will thematically group your research, and the subtitles will reflect these thematic groupings. You will then state your conclusion, and again, like your introduction, your final subtitle will contain an indication that this is the final section, and here it is a good idea to include the words “Conclusion.” This signals to the reader that you will be summarizing and pulling together the main argument of your paper. In this conclusion, you will re-state the main points of the paper, summarize the findings of your analysis, and provide your overall final reflections based on the big picture. Finishing your conclusion with a thought-proving statement can also make your paper more intriguing. Finally, you will include a section on recommendations. Not all university papers will require a recommendations section, however when writing criminal justice-focused papers this is not uncommon. This is because, when writing in the field of criminal justice, many times you are looking to see how the system can be improved or changed, so you want to leave the reader with suggestions for next steps. Notably, many scholars who write in the criminal justice field will sometimes be writing with policymakers in mind. Thus, they want to bring together the most up-to-date research on a criminal justice issue in order to provide advice on how to solve the problem. This might take the form of suggestions for policy changes, changes to legislation, or recommendations on creating new programs, or directing more resources to support current ones.    Forming Your Argument In your paper you will ultimately be forming an argument or taking a stance on an issue. For this assignment, you are arguing that there is a problem with the Canadian criminal justice system. Again, you will choose which problem you want to focus on for your paper. It is common in criminal justice writing to identify a problem in the criminal justice system, and then form your argument for why this is, based on evidence. For our paper, your “evidence” will be scholarly literature that you are gathering. Thus, this means that you are gathering scholarly research to form your argument. You will use this scholarly research as your evidence to back up your argument. For instance, your argument might be that police services in Canada are structurally racist. If you were to just state this argument, yet provide no evidence to back it up, then you would not have a strong argument or paper. This is why you gather evidence to show your reader why this is true. This will be presented thematically in the body of your paper. You are proving to your reader that there is a problem with the Canadian criminal justice system, in this example, a structurally racist police system, and present the evidence in a logical way to make your point. Hence why it is also very important to use scholarly resources. Anyone can make an opinion, but if you do not have credible evidence to back up your argument, it will fall apart. This is also why you are cautioned not just to rely on news media or unsubstantiated websites to form an argument. This is not to say that some of these websites will not bring together relevant facts or good arguments. The website might have good points you resonate with, but it is your job as a criminal justice researcher to evaluate the credibility of your argument. Part of this will be gathering reliable research and data to form this argument. This is also why I mentioned earlier not to cite data from news media stories. Always go to the original sources of a research study, that way, you as a criminal justice researcher can see the original study. Remember, as we learned in our media representations of crime class, news outlets many times have political agendas, so data can be presented very differently depending on which news website you are reading it from.    Objective vs. Subjective When writing you want to try and be objective. This means you want to present your material in a way that is neutral, and based on research, evidence, statistics, and facts. The opposite of this would subjective, which you want to avoid. Subjective writing is based on opinions, feelings, or assumptions. Writing objectively makes your paper more reliable. Notably, when writing in the field of criminal justice, you do not want to come off as biased, as then your recommendations will not be taken seriously.    Citation In the field of criminal justice, one of the common citation styles used is APA. APA stands for the American Psychological Association. For this paper, you will use APA style in-text citations as well as include a reference list using APA style. Watch this video tutorial titled “How to cite in APA style,” that explains how to cite using APA style. Play Video As we learned in the video you will have both in-text citations, as well as your citations at the end of your paper in your reference list. The video showed you that for in-text citations you would put the following at the end of a sentence when citing (Fergusson, 2002). This would look something like this: There is no connection between television violence and violent behavior (Fergusson, 2002). However, this can also be stated as follows: According to Fergusson (2002), there is no connection between television violence and violent behavior. Or you can use other similar ways to start a sentence, such as: As stated by Fergusson (2002) Or if you are comparing two publications you can write something like this: Similar to Fergusson (2002), Smith (1999) identified Remember, that if you are quoting directly and using exact words, then you must put the sentence in quotes and include a page number. Such as: “Violence is violence, and television is not a source” (Fergusson, 2002, p. 4). However, be careful not to have too many quotes. Always try to write things in your own words. Too many quotes can be distracting. Usually, you will only quote something if it is “quotable,” meaning that the way the author has written it cannot be said better in any other way. Or if you were to write it in another way, it might lose some of its impact, influence, or meaning.    Plagiarism  Like with any university writing assignment, plagiarism is very important to avoid. You want to always make sure you are citing all work and ideas that are not your own. Watch the following video tutorial titled “Understanding Plagiarism,” which explains what plagiarism is and how best to avoid it. While watching, answer the following questions in your notes: 1)      What is the foundation of academic integrity? 2)      What is plagiarism?  3)      Are all forms of plagiarism intentional?  4)      Is unintentional plagiarism less serious? 5)      What are the various forms of plagiarism? 6)      How much should your work be changed when paraphrasing? Play Video   Research Paper Assignment Particulars  Papers are to be 5 pages total, double spaced, using Calibri font size 11. The 5 pages do not include your title page and bibliography, these are additional pages. Papers must stay within the 5-page guideline. Thus, they cannot be 4 or 6 pages. There will be a leeway of 6 double spaced lines (or one paragraph) over or under the 5-page guideline. The title page must include your full name, the date, the name of the course assignment, the course name and course code, and your instructor’s name. Margins must be the Microsoft Word default margins. Page numbers must also be included at the bottom right-hand corner of each sheet. At least four scholarly resources must be used, including both books and journal articles, however, not including the required readings (though you are encouraged to use your readings in addition to the four other sources). You may also cite materials that are not scholarly—and there is no limit to how many documents you would like to cite. The following should be used as a guide for your paper and must include these four components: 1)      Introduction: state the main goal and argument of your paper, provide a road map for the reader, and outline what this paper will cover and explain. 2)      Body: identify key scholarly resources, provide an overview and summary of relevant scholarly literature, outline major patterns and themes identified in your sources, and provide a critical and in-depth analysis of the issue(s) based on research evidence. 3)      Conclusion: re-state main points of the paper, and summarize the finding of your analysis.  4)      Recommendations: leave the reader with final recommendations for change or guidelines for action. Papers will be graded for insight, analytic skills, synthesis, inclusion, and organization of relevant materials, proper APA citation, bibliographic references, and clarity of expression. Please proofread your paper to ensure there are no spelling, grammar, or typographical errors. Remember to proofread! Both form and content will be taken into consideration in the grading of this paper. The grading rubric for the research paper is as follows: Research Paper Component Mark Breakdown Topic concerns an injustice or problem regarding the Canadian criminal justice system /1 Five pages double spaced, MS word default margins, Calibri font size 11, complete title page, and page numbers /2 APA style in-text citation and reference list /3 Clear introduction with the main goal and argument of the paper stated. A road map is provided for the reader, including an outline of what the paper will cover and explain. /4 Concise body identifying key scholarly resources; providing an overview and summary of relevant scholarly literature; an outline of major patterns and themes; and a critical and in-depth analysis of the issue(s) based on research evidence /4 Coinciding conclusions and recommendations, with main points summarized, and finishing with recommendations or guidelines for change or action /2 Critical reflection, insight, analytic skills, synthesis, inclusion and organization of relevant materials, and clarity of expression /2 Readability, flow, logic, spelling, and grammar /2 Total /20   Last modified: Thursday, 23 July 2020, 1:33 PM

The subjects of retirement and health insurance are much in the news these days. Discuss your plans for retirement with a special emphasis on income after retirement and health insurance. After a lifetime of paying Social Security and Medicare taxes in every payroll check, your grandparents and parents are counting on having Social Security and Medicare to help with the inevitable loss of income occurring at retirement. Things may be different for your generation. Many are discussing privatizing Social Security and doing away with Medicare. Even Republican voters in the State of Florida are opposed to this plan. Read the report on a survey of Republican Primary Voters who objected 2:1 to plans to change these benefits (among Hispanic voters, the opposition was even stronger with 4:1 voters opposing changes). Given what you know of the volatility of the stock markets that are up one day and down drastically another, would you risk your retirement to the stock market? Would you risk your health on having the ability to pay for private health insurance when you retire? Despite what you’ve heard, Social Security and Medicare can be saved. The generation entering the workforce today (The Millenials) are an even larger generation than the retiring Baby Boomer generation. As long as many or more are paying into the system than those who are retiring, the programs can and should be saved. You never know how your life will turn out and it is essential to have a basic retirement cushion to live on. Moreover, it is your money after all. You have paid into both Social Security and Medicare with every paycheck since you started working. What can you do now to help save Social Security and Medicare? Some believe it is essential to send politicians to Washington and Tallahassee who will protect those benefits. But it is not enough to save these benefits. What can you do to guarantee a comfortable retirement and good medical care in your old age?

ESSAY QUESTION: Explain the law relating to the admissibility of hearsay evidence in criminal proceedings.Discuss whether the provisions relating to the admissibility of hearsay evidence increase the risk of miscarriages of justice. I have attached my rough draft, which you can rewrite or build on but the sources are there.If you could please rewrite it so that it makes sense/ flows and add additional arguments or cases. Use footnotes for citations please –  not in text.  I will attach how a professor suggested i do my essay (see screenshots). Further information can be found on:https://www.cps.gov.uk/legal-guidance/hearsay  regarding hearsay evidence if you need to familiarize yourself with the topic.  Also – uk law school essay! Only use English law/cases. Not American