Sources of Law and Jurisdiction

Sources of Law and Jurisdiction

The first seminar is schedule for two weeks from today. would like you to prepare for the seminar by reviewing the structure of the court in your state, jurisdiction, and the various sources of law.  She would like you to prepare a chart demonstrating the court structure and jurisdiction, and prepare a memo about the sources of law and ethics. will be using the following fact pattern to demonstrate the sources of law and ethics:

Phyllis Smith owns and manages a restaurant in the community, Lucky Horseshoe Restaurant. Ann Reid lives next door to the restaurant. Ms. Reid filed a complaint with the police department that the patrons of the restaurant and referred to them as “drunks” and “whores.”  She picked fights with the bartender on several occasions and even called him Satan. These encounters happened in the presence of the patrons of the restaurant. Sales dropped 30% and Ms. filed a lawsuit against Reid.

  1. Compose a memo that Ms. Field will use to present at this seminar. The memo will respond to the following questions:
  1. a) Analyze and discuss the four sources of primary law, and identify which source of law may be applicable to this case being certain to explain why.
  2. b) Discuss whether Reid’s statements about the restaurant’s owner, bartender, and customers are protected by the U.S. Constitution.
  3. c) Evaluate whether Reid behaved unethically in the circumstances of this case. Explain why.
  1. Conduct research on the court structure in your state and develop a chart identifying the various levels of the court. A sample chart can be found in the Students Resource folder.The chart should include the following components:
  1. a) Local Court information and Jurisdiction;
  2. b) County Court Information and Jurisdiction;
  3. c) State Court Information and Jurisdiction;
  4. d) State Intermediate Court Information and Jurisdiction; and
  5. e) State’s Highest Court Information and Jurisdiction.

Part 1 Deliverable Directions

After you have conducted the necessary research, prepare an intra-office memorandum to the Managing Attorney. Your memo:

  1. Must be formatted using the elements of an inter-office memorandum: the Heading, which will include To: (who it will be addressing, From: (the memorandum will be written by you), Date: (date in which the memorandum is written), and the Re: (what the memorandum is in regards to).
  2. Must be typewritten in Times New Roman or Arial 12-point font, and with 1-inch margins.
  3. It is suggested that your memo be at least 2-3 pages in length.
  4. Must include a minimum of three scholarly and credible sources (not including the text book).

After you have conducted your research, prepare a chart that meets the following requirements.

  1. Must be 1 page of content.
  2. Must be legible.

Combine your Memo and Chart of the Court Structure into one Microsoft Word document with a page break separating each document, and upload as a single attachment to the Week 2 Assignment dropbox.

Many of the people in the community that come into the office for consultation have questions about one tort or another.  There are also persons in the community who are interested in starting their own businesses. Ms. Field would like to present on these two common areas as form of educating the community.

Conduct the research and prepare a PowerPoint presentation with the actual script Ms. Field will use to present this information at the seminar. This transcript will be presented in memo form. The presentation transcript must be the word-for-word content that will be covered on each slide. Your presentation must address the following:

  1. Discuss the torts that protect against intentional interference with persons.
  2. Explain the defenses to charges of assault and battery.
  3. Discuss and analyze the basis for the tort of defamation.
  4. Explain what trademark is and discuss why the use of a purported trademark solely on a Web site satisfies the “use in commerce” requirement for trademark protection.
  5. Analyze and explain what copyright is and what copyright protection is available for software.

Part 2 Deliverable Directions

After you have conducted the necessary research, prepare an intra-office memorandum to Ms. Field in which you address each topic outlined above.  Your memo:

  1. Must be formatted using the elements of an inter-office memorandum: the Heading, which will include To: (who it will be addressing, From: (the memorandum will be written by you), Date: (date in which the memorandum is written), and the Re: (what the memorandum is in regards to).
  2. Must be typewritten in Times New Roman or Arial 12-point font, and with 1-inch margins.
  3. It is suggested that your memo be at least 4-5 pages in length.
  4. Must include a minimum of four scholarly and credible sources (not including the text book).
  5. Must use headings to identify each slide the content relates to (e.g. Slide 1, Slide 2, etc).

You will also prepare a PowerPoint presentation for Ms. Field to use at seminar. For the PowerPoint presentation:

  1. Use a total number of slides must be 8-10 slides.
  2. Use a single background design and color.
  3. Each slide should be designed to be concise, uncluttered and readable from a distance: include only key words and phrases for visual reinforcement.
  4. Do not put too much information on any single slide: generally no more than 6 words a line, and no more than 6 lines a slide.

Upload your Part 2 Research Memo and PowerPoint Presentation to Ms. Field and submit to the appropriate dropbox in Week 3.

Please refer to the grading rubric below for Part 2.

would like to prepare a handout of possible questions and answers of frequently asked questions for the next seminar.  She would like you to engage in a scavenger hunt. As in all scavenger hunts there are specific types of items that you must find.

Conduct research and respond to the following questions:

  1. Discuss the two elements that must exist before a person can be held liable for a crime. Explain when a corporation can commit a crime.
  2. Explain the five broad categories of crimes. What is white-collar crime?
  3. Outline the defenses that can be raised by criminal defendants to avoid liability for criminal acts.
  4. Discuss and analyze the constitutional safeguards that exist to protect persons accused of crimes.
  5. Analyze how the internet expanded opportunities for identity theft.
  6. What is a contract? What is the objective theory of contracts?
  7. Discuss the four elements that are required for the formation of a contract.
  8. Outline the elements necessary for an effective offer. Provide examples of non-offers.
  9. Explain how shrink-wrap and click-on agreements differ from other contracts. Discuss how traditional law have been applied to these agreements.
  10. What is consideration? Discuss what is required for consideration to be legally sufficient.

 

Part 3 Deliverable Directions

Your assignment must be formatted as follows:

  1. APA formatting
  2. Times New Roman or Arial 12-point font
  3. 1-inch margins
  4. Page numbers in top right corner
  5. Doubled spaced
  6. Each part must follow the APA formatting guidelines for headings and numbered appropriately.
  7. It is suggested that your assignment be at least 3 – 4 pages in length.
  8. Must include a minimum of five scholarly and credible sources (not including the textbook).

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