Category: Business law

Legal implications

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Identify one question/item you would advise this employer to edit or remove from the job application based on possible legal implications. Be sure to focus on an item that would be legally prohibited at the federal level.
This particular question doesn’t require a full paragraph – simply state which item you’d recommend removing/editing.
Note there are multiple issues with the application – you only need to identify and discuss one of them for this assignment.
Which specific piece of legislation supports your recommendation (e.g., Title VII of the Civil Rights Act, Americans with Disabilities Act, etc.)? In your own words, provide a brief explanation of the legislation you identified.
Would you advise completely removing the item, or would you recommend revising it instead?
If you recommend removing it, explain your rationale. Be specific, and make sure to focus on legal implications.
If you advise editing it, what alternative language would you recommend?

 

Business law question

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There is a business owner in your city wanting to open the first fully nude strip club. There are also a group of people who are protesting the opening of this strip club. Imagine you are an attorney who is being hired to argue one side of this issue.

Which side would you argue (the rights of the owner or the rights of the protestors)? Why?
What points would you make in your argument?
You must use relevant case law in your argument and connect your arguments to the 1st amendment.

Data breaches

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Scenario
The HIT Innovation Steering Committee within an organization is proactively looking at data breaches of other organizations to assist them with minimizing the risk to their data security and privacy. As an intern at this organization, you are to investigate and select a recently publicized data breach. Use information from the module readings, lectures and your own research. Create a Proposal for this Committee describing the identified data breach and strategies the organization can use to minimize security and privacy risks.

Instructions
Create a written Proposal that includes:
Description of the data breach, including outcomes for the affected organization (e.g., regulatory and financial)
Discussion of the security, privacy, confidentiality, and ethical issues resulting from this breach
A final proposal discussion that describes methods that can be implemented in an organization to minimize risk for a data and security breach
Reference page of resources utilized

Cyberbullying And The First Amendment

Posted on | by Brian Leakey

A student notifies you that she has been subjected to bullying through a classmate’s Facebook page.

500-750 words addressing the following:

Provide the steps you are required to take that are consistent with state statutes, your district’s school board policies, faculty handbook, and the student handbook;
Any First Amendment arguments you think the student with the Facebook page may raise; and
Responses you could make to the First Amendment arguments that are consistent with the cases in the assigned readings.

Brady v. Maryland, 373 U.S. 83 (1963)

Posted on | by Brian Leakey

Since 1963, a series of United States Supreme Court case decisions have clarified that in criminal
cases, prosecutors must disclose to the defense evidence favorable to the defendant. This
includes information that may be used to impeach the credibility of government witnesses,
including law enforcement officers. These decisions mean that police officers who have
documented histories of lying-in official matters are liabilities to their agencies, and these
histories may render them unable to testify credibly.
INSTRUCTIONS
Summarize the main issues that are involved in the following United States Supreme Court
cases. You must have at least 2–3 pages, not including your title page.
 Brady v. Maryland, 373 U.S. 83 (1963)
 Giglio v. United States, 405 U.S. 150 (1972)
 United States v. Agurs, 427 U.S. 97 (1976)

Contract law.

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Find a recreation- or sport-related current event related to contract law. Discuss the court’s decision do you agree/disagree with the court’s decision? Justify your answer.

Product Liability

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Shenzhen Limited manufactures electric hair dryers. Julie purchases a Shenzhen Limited dryer from her local Sally’s Beauty Supply. Frances, a friend and guest in Julie’s home, has taken a shower and wants to dry her hair. Julie tells Frances to use the new Shenzhen Limited hair dryer that she has just purchased. As Frances plugs in the dryer, sparks fly out from the motor, and sparks continue to fly as she operates it. Despite this, Frances begins drying her hair. Suddenly, the entire dryer ignites into flames, severely burning Frances’ scalp. Frances sues Shenzhen Limited on the basis of negligence and strict liability in tort. Shenzhen Limited admits that the dryer was defective but denies liability, particularly because Frances was not the person who purchased the dryer. In other words, Frances had no contractual relationship with Shenzhen Limited.

Discuss the validity of Shenzhen Limited’s defense.
Are there any other defenses that Shenzhen Limited might assert to avoid liability? Discuss fully.

Torts and Product Liability

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On his way home from work, Andy Earl stopped at Mad Beach Pub. After leaving the pub, Earl drove his car into a house at a speed of approximately 30 miles per hour. When the car struck the house, the passenger compartment collapsed and Earl was seriously injured. His blood alcohol content was 0.08%. The investigation also discovered that he had been texting at the time of the accident. Earl brought a strict product liability action against the car manufacturer on the grounds that the car was not crashworthy. He also filed suit against the pub for selling him the alcohol.

Summarize the statutes from your state related to driving under the influence (DUI) and texting while driving.
Provide the arguments that each party (Earl, the car manufacturer, and the pub) will make at trial.
Explain how the court should rule. Provide support for your decision.

An enforceable contract

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Create an enforceable contract in any department of a health care organization. How can a contract be legally valid? When is a contract voidable? What happens when one of the parties cannot perform the obligations written in the contract?