I need a letter written to cancellation of a Pre Need contract agreement for Estella Clark (Williams) at the funeral home Phillip & Wiley Mortuary, Inc. 310 State Road 26, Melrose, Florida 32666. Bernard Phillip II, Owner/President. The agreement signed on August 8th, 2018. Im requesting for refund of $8,700.00 I would like to revoke the PreNeed agreement (contract) and refund the amount paid to Phillip & Wiley Mortuary, Inc. on August 8, 2018. the address Estella Clark (Williams) 4527 East University Avenue Gainesville, Florida 32641
Inside Administrative Law: What Matters and Why by Jack Beerman source required. Bluebook format attached is a cheat sheet for how to cite using bluebook format. Short Answers 2 Prompts: Notice and Opportunity Potomac, the operator of a cable television system by virtue of a non-exclusive franchise granted by the City in 1995, is suing the City. In its complaint, Potomac alleges that the City is now offering cable television services directly to city residents via a fiber-optic cable network that the City has constructed. Potomac asserts that the Citys operation of the cable television system is unlawful because the city councils decision to start its own cable service was made in a meeting closed to the public in an executive session and that it should have been decided and voted on by the City Council in a public meeting. In your first short answer for this assignment, based on the informal rule making procedures described as notice and comment, explain whether or not Potomac will win its lawsuit. Then, in your second short answer, explain the 3 separate concerns to keep in mind with notice and comment rulemaking.
It is clear technology is not causing real estate agents to become obsolete. In fact it is helping agents to thrive. What role does the law have in regard to technological advances in real estate? You must site your sources with both a reference page and in text citations.
heodora Holding Corp. v. Henderson CASE PRESENTATIONS In the Reading List you will see that you have been assigned to present cases during the course. Your case presentations will be incorporated into class lectures and will form a key part of the analysis of various course topics. There is no single right way to do a case presentation. However, as you are preparing your cases I would like you to use the following model: Facts: Provide a concise overview of the key facts of the case. Issue: Identify the key legal issue(s) in the case. Held: Indicate how the case was decided. Note that the case may have moved from trial to appeal and then possibly to the Supreme Court of Canada (or other top court). If possible please set out how the case was decided at each level of court. Reasons: Set out the key reasons for the decision of the court. Note that in some cases the reasons are extensive. Please summarize such as concisely as possible focusing on what you believe are the critical reasons for the decision. Ratio: Provide the ratio [the key legal principle(s)] that comes out of the case. Comments: Provide your own personal comments or perspective on the case In addition to your presentation in class, in order to assist your fellow students, please prepare a concise written summary of your case. (I would emphasize concise. Case summaries will normally be one to two pages in length and should definitely not exceed three pages.) Case summaries should be posted on Moodle prior to the class presentation. Instructions for posting your cases are included in a separate document. A sample case is attached. SAMPLE CASE SUMMARY THE CASE OF BUCKLEY & T.T.C. v. SMITH TRANSPORT LTD IS INCLUDED IN THE COURSE PACK UNDER PART II LIABILITY OF THE CORPORATION IN TORT Buckley & T.T.C. v. Smith Transport Ltd. Ontario Court of Appeal  FACTS: 1. Taylor was the driver of a truck owned by the Appellant (Defendant). 2. Taylor failed to stop at a stop sign and crashed into a bus injuring Buckley, the driver (Respondent – Plaintiff). 3. Taylor had become suddenly insane believing the truck was being operated by remote control. 4. Taylor told the police this story 20 minutes following the accident and to other witnesses the day of the accident. 5. Taylor died a month after the accident of syphilis of the brain. 6. The trial judge found in favour of the plaintiffs. ISSUE: Does insanity or mental illness relieve a person from a duty to take care and the resulting liability in negligence? HELD: Appeal Allowed…judgment in favour of the Appellant (Defendant). REASONS: 1. The key question was the degree of insanity experienced by Taylor. As a result of his mental illness he was unable to understand and appreciate the duty of care required of him. No liability could therefore accrue to him. 2. The Appellant trucking company was not liable for the actions of Taylor as it had no knowledge of Taylor’s mental illness. RATIO: The decision of whether a mentally ill person can be found liable in negligence is dependent on whether the mentally ill person was able to understand and appreciate the duty of care expected of that person. COMMENTS: 1. Should the law make such a distinction for those who are mentally ill? Does this fit with the primary objective of tort law which is to compensate? 2. Many normal people do not fully understand and appreciate a duty of care…should the standard be different for them?
Hypothetical: A prominent athlete has a multimillion-dollar endorsement contract with an athleisure clothing company for advertising and marketing. The contract includes a morality clause allowing the company to terminate the contract without penalty if the athlete is charged with a crime more than a misdemeanor, found guilty of any crime, or engages in any outrageous act which brings negative publicity to the company. It is reported that the athlete is an admitted sex addict, is engaged in multiple affairs while married to his wife, and is seeking treatment for prescription drug addiction. No criminal charges are brought and he is not convicted of a crime. The company, ACME, wants to terminate the contract. What would each side argue their case? Which argument do you think is more persuasive? How could future endorsement contracts be drafted to avoid this potential problem? Please make sure to use LEGAL PERSPECTIVE and argue both sides and provide evidence.
When looking at the relationship between social justice and juvenile justice, there are two overarching concepts when addressing juvenile delinquency: treatment and punishment. These two concepts have driven a cycle of changes in the juvenile justice system over the years. Your task is to support your premise that your state or city should implement a philosophy of treatment for juvenile offenders, punishment, or a combination of the two (i.e., treatment and punishment) for a specific crime or criminal justice issue identified in your paper. In your paper, Explain the differences between the treatment and punishment concepts. Examine types of treatment versus types of punishment for juvenile crimes. Build the case for which one (i.e., treatment, punishment, or combination of both) you believe has the stronger position based on your research and the specific juvenile crime to which you will apply the concepts of treatment and punishment. The crime you choose can be violent (e.g., homicide, sexual assault, etc.) or non-violent (e.g., drug possession or sales, theft, etc.). Select your city (or state) and one other jurisdiction in the United States. Identify the prevailing thought in your city (or state) as well as the other jurisdiction you chose (i.e., treatment, punishment, or a combination). Analyze which of the two jurisdictions has lower recidivism rates. Identify whether the recidivism rate is the best indicator of success or failure of treatment versus punishment philosophy. Explain why or why not. Examine scholarly research on the most effective strategies for reducing juvenile crime rates. Identify which strategy or combination of strategies the research appears to support. Identify whether it is based on type of crime. Explain whether a given strategy works best depending upon the nature of the crime (i.e., violent vs. non-violent). Support which juvenile justice intervention strategy would be most effective to counter the crime or criminal justice issue based on your research. Summarize which concept (i.e., treatment, punishment, or combination) best supports the overarching concept of social justice. Scholarly sources only.
Prepare a predictive memorandum utilizing the Victoria V. v. U Shop Mall case found in Chapter 13 of the Legal Research, Analysis, and Writing textbook. While APA style is not required for the body of this assignment, solid academic writing is expected, and documentation of sources should be presented using APA formatting guidelines, which can be found in the APA Style Guide, located in the Student Success Center. This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.
How can legal research be applied to assist a legal researcher in creating a memorandum of law? Why is legal research critical to the creation of a proper memorandum of law? What are some of the pitfalls a legal researcher should avoid when preparing a memorandum of law?
In a two- to four-page MS Word document submit: · IRAC brief · Compare and contrast analysis Proper Bluebook citations are required. Assignment Directions Step 1: Use NexisUni to locate the following case: 531 U.S. 32. Step 2: Read and brief the case in Step 1, above, using the IRAC method. Step 3: Review the following factual pattern: Your client, Gideon Goodtime, was celebrating his birthday at The Watering Hole with his friends. On the way out to his car, an unidentified patron spilled his double shot of tequila on Gideons pants. Gideon was stopped at a checkpoint. The State of Ohio indicated that the checkpoint was set up to verify license and registrations. However, when Gideon was stopped at the checkpoint, the officer detected the smell of alcohol and asked him to get out of the car. While complying with the field sobriety tests, a small bag containing a white, powdery, substance fell out of Gideons pocket. Gideon was arrested. He wants your firm to file suit on the basis that the checkpoint violated his Fourth Amendment rights. Step 4: Compare and contrast the facts of the case you found in Step 1, above, to the facts pattern in Step 3, Gideon Goodtime. Step 5: Submit your two- to four-page MS Word document containing your IRAC brief, and your compare and contrast analysis.
After viewing the Chinese Imports & Food Safety (Links to an external site.) video, consider whether U.S. retailers that utilize products or raw ingredients that are imported from China and are poorly regulated should be liable in tort for injuries to consumers who are harmed by those products. Answer parts a and b of the prompt. For this part of the prompt, answer one of the following points: If U.S. companies should not be liable, then they could be legally exempt from tort liability. Discuss the consequences of such a policy to U.S. consumers. If the U.S. companies should be liable, then those companies would not be legally exempt from tort liability. Discuss the consequences of such a policy to U.S. businesses. Regardless of your response to part a, assume that U.S. retailers do have legal liability for defective products. What steps could U.S. retailers and manufacturers take when using products imported from China that would minimize their liability exposure? For example, they could warn consumers about the potential, though speculative, dangers when using products comprised of poorly regulated ingredients or components. Given your strategy, what challenges would exist for U.S. businesses that implemented your strategy?Chinese Imports & Food Safety – PBS Newshour (Links to an external site.)- YouTube. (n.d.). YouTube – Broadcast Yourself. Retrieved October 19, 2012, from http://www.youtube.com/watch?feature=player_embedded&v=BKe70AAU_lc United States Consumer Product Safety Commission (Links to an external site.). (www.cpsc.gov/)