Do you agree with the Supreme Court of the United States( SCOTUS)  ruling in the following cases:

 

 

 

Rumsfeld v. Padilla

 

 

 

Hamden v Rumsfeld 

 

 

 

Rusul v Bush

 

 

 

Please explain these cases!

 

 

 

in at least 500 words 3 Reference  APA format

Please write on any topic related to technology security.

 

Produce a minimum of a 10 pages paper.

 

Use a minimum of 5 references, citing the references where you used the material within the paper itself.

 

You may use only two graphics, images or tables

 

Turnitin is turned on, so no plagiarism should be there. No re-submissions are allowed.

1. Using a Microsoft Word document, please assume you are a reporter writing ten years hence. Please discuss the technological changes that have been made since 2017 and how those changes have affected humanity, and how those changes have affected themselves.

 

2. The minimum word count shall be not less than 500 words.

1. Provide a concise introduction for your posting.
2. Using an economy of words, create and describe a potential case scenario involving a MSN-prepared nurse in your selected area of practice. Within the scenario, identify a specific problem that needs to be addressed. Examples might include a new curriculum, change in the EHR, decreasing patient satisfaction rates, safety risks, or another situation that impacts your future MSN role.
3. Formulate a recommended change that could resolve the situation, and explain the intended impact.
4. Discuss how Kotter’s Change Model would be applied in your recommended change initiative.
5. Identify one specific leadership strategy to facilitate change, and describe how it is congruent with Kotter’s Change Model.
6. Conclude with a succinct synopsis of key points and concise self-reflection of how this topic contributes to your growth as a future leader in the chosen specialty track.

Please note that the requirements for the Peer Engagement Forum are different from what you are accustomed to in the traditional discussion boards in your previous classes. Refer to the assignment guideline and rubric listed below for specific requirements regarding expectations for postings within the peer engagement forum.

Discuss what talent management is and why it is a consideration addressed by a growing number of employers.

 Significant posts are at least 200 words and require some information from the text, academically reviewed papers, some significant commentary that requires knowledge of the subject, a web link to an article or other source in order to be accepted.  

Congratulations! You have recently been promoted and are the company’s new Human Resources Manager! You have offices in several countries, so how would you evaluate different compensation packages for employees who are located throughout the world? 

All responses must be original at least 500-700 words, all reference must be listed. 1) Negligence Mark sued a bank for injuries. He was not paying attention as he entered the bank because he was looking at his phone. And he fell suffering $10,000 in injuries. Prior to the fall, the janitor had buffed the floor. The janitor had an IQ of 70. Normally, the janitor was closely supervised. However, today his manager was extremely tired, and the manager didn’t notice that the janitor had carelessly used way too much floor wax that was extremely slippery. Is the bank liable for the janitor’s negligence (be sure to go through all the elements.) Additionally, note that under the doctrine of respondeat superior the bank WILL be liable for any potential negligence of the janitor employee? What defenses will the bank assert? Assume that the jurisdiction does not recognize assumption of risk or contributory negligence. The jurisdiction does recognize the defense of comparative negligence. 2) Adverse Possession Lisa and Danny are neighbors that live on Guerrero Street.Fifteen years ago Lisa built a gazebo. She frequently used the gazebo, but she was not aware that actually the gazebo was on property belonging to Danny. A month after the gazebo was built Lisa built a fence between her and Danny’s yard, and the gazebo was on Lisa’s side of the fence. Fifteen years later, Danny has a survey done, and he discovers that the gazebo is on his land. Danny brings a suit to evict Lisa from the land. Does Lisa have a defense? Assume that the state in question has an adverse possession period of ten years. 3) Constructive Eviction and the Implied Warranty of Habitability Steve is renting a property from Billy. One evening Steve tripped and fell down the stairs. The issue is that one of the stairs in the common area was faulty. Billy knew about the stair, but he had never got around to fixing it. Steve injured his leg, so he decided to return to his room. The heater was not working (and it was in the middle of winter). Steve had told Billy about the faulty heater for months, but Billy never got around to fixing it.There is a local ordinance that requires landlords to repair heaters. Additionally, assume that this jurisdiction includes the implied warranty of habitability. The jurisdiction recognizes constructive eviction, and it follows the majority rule of when landlords are liable for injuries. •What causes of action does Steve have? •What remedies does he have for the faulty heater? 4) Fiduciary Duties Jimmy is the CEO of News Corp. His son, Johnny, runs Television Inc. One day Jimmy suggests that Johnny sell Television Inc. to News Corp. Jimmy and Johnny work together to radically inflate the value of Television Inc. Jimmy brings a proposal to the Board of Directors to buy Television Inc. for $500 million dollars even though the corporation is only worth $2 million. The board of directors diligently examines the transaction, but due to clever forgeries, the board does not discover the radical inflation of the corporation.Jimmy never discloses his relationship with Johnny. The sale goes through, and it is shortly discovered that Television Inc., is practically worthless. •A shareholder sues alleging that Jimmy violated his fiduciary duty of loyalty. •Additionally, the shareholder claims that the directors violated their fiduciary duties of care. •Is the shareholder correct? 5) Breach of Contract Johnny, a neighbor who is not a merchant under the Uniform Commercial Code, offers to buy a car from Mark for $30,000. Mark asks Johnny for some time to think about it. Johnny says sure. He writes on a piece of paper that he will keep the offer open for two weeks. A week later Johnny sees another car he would rather buy. He purchases that, and then he tells Mark that he is revoking his offer. Two days after that Mark said: “I’m sorry Johnny you made an offer in writing to buy my car. I’m going to hold you to that.” Johnny replied: “Sorry I cannot do that. But I will promise to pay you $10,000 for the help you gave me last year around the house.” Somewhat mollified Mark accepts. A week later and Johnny decided to renege on that promise as well. Fed up, Mark sued Johnny for breach of contract on both the promise to buy the car and the promise for the $10,000. •Discuss whether the elements of a contract are satisfied in this case. 6) Capacity Lisa is walking down the street in January when she notices a young man named Denny. Denny looks a little worse for wear, so Lisa offers to buy him lunch. As they are talking, Denny says to Lisa: “I’m in a pretty rough spot. I don’t have any money right now. But I promise to pay you $450 if you give me that coat you are carrying and some food (that sum represents the reasonable value of those items). Lisa responds: “How old are you?” Denny states that he is 20. However, this is a lie. Denny is actually 16. Lisa looks him over one more time, and she agrees to the exchange. Before they leave, Denny says,”Actually, I will promise to give you another $50 if you let me borrow your bike.” Lisa writes down all of these promises into a contract. Both parties sign the contract, and they go to the bank and have it notarized. •A week later Denny trashes the bike, and he tells Lisa that he is not going to pay. Lisa sues Denny in court for breach of contract, and she learns that he is only 16. •What is likely to happen in the court case?

Assignment 2. The Gig Economy (Uber)

Uber is largely hailed as the advent of the gig economy, which is the idea that people will not work for any one employer, but instead will work on projects for any variety of companies desiring their services.  While creating a new type of entrepreneurship for individuals, it raises a host of new legal questions for companies around the law of agency.

An investment firm has asked you to evaluate Uber’s legal exposure for the conduct of its drivers.
Write a four to five (4-5 Do NOT included title and references) page paper.
Write an interoffice memo in which you:

1. Summarize the main principles of agency.

2. Analyze the circumstances under which Uber might be liable for the conduct of its drivers.

3. Identify the steps Uber can take, if any, to limit its legal exposure for the conduct of its drivers.

4. Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

Your news brief or memo should include a heading,      summary statement, background and recommendations.
The specific course learning outcomes associated with this assignment are:

Analyze and apply the concepts of ethical decision      making, corporate governance and corporate social responsibility.
Analyze and evaluate the employment-at-will doctrine      and the statutory protections afforded employees.
Analyze and evaluate laws and regulations relative to      product safety, liability and representations.
Write clearly and concisely about law, ethics, and      corporate governance using proper writing mechanics.

 

1) Which of the following is a distinguishing feature of a common law legal system?

A. Requiring guilt be proven beyond a reasonable doubt

B. The sole source of law is a comprehensive civil code

C. An appeal process

D. The making of law by the judges and the following of precedent

2) Which best describes the types of agency authority held by officers of a corporation? 

A. Vicarious authority

B. Express and obvious authority

C. Implied and apparent authority only

D. Express, implied, and apparent authority

3) If an LLC fails to follow formalities such as keeping minutes of meetings, which of the following is true? 

A. Only the managers of a manager-managed LLC will lose limited liability. 

B. All members will lose their limited liability. 

C. This failure will not result in imposing personal liability on any member.

D. Only the parties responsible for the failure will lose limited liability.

4) Martha started a flower shop as a sole proprietor. After 1 year, she was forced to close the shop because business was so bad. At that time, the business assets totaled $50,000, but the business liabilities totaled $125,000. Which of the following statements is true?

A. Martha is personally liable for the additional $75,000.

B. Martha’s business creditors can collect only the $50,000 of business assets.

C. Martha’s business creditors can collect only the $50,000 now, but if Martha ever goes into business again, they can get the assets of the new business.

D. Once Martha terminates the sole proprietorship; the business creditors cannot even get the $50,000

5) Partners of a general partnership

A. Are protected from litigation against the partnership by statute

B. Are liable for the obligations of the partnership only to the extent of their capital contributions

C. Do not have to pay taxes on the profits of the partnership that are distributed to them

D. Are liable for all the obligations of their partnership

6) Which of the following forms of alternative dispute resolution allows both parties to see the strengths and weaknesses of both sides of the case through the presentation of evidence?

A. Negotiated settlement

B. Mini-trial

C. Mediation

D. Conciliation

7) A ___________ is a court-appointed party who conducts a private trial and renders a judgment

A. Fact-finder

B. Arbitrator

C. Judicial referee

D. Negotiator

8) What is a form of alternative dispute resolution that is often used when the parties involved do not want to face one another?

A. Arbitration

B. Fact-finding

C. Mini-trial

D. Conciliation

9) Which of the following is true regarding mediation?

A. A mediator often meets with both parties at the same time

B. A settlement agreement is never reached with a mediator.

C. A mediator does not make a decision or award

D. If a settlement agreement is not reached in mediation, then the parties hire a new mediator

10) There are no accountants on the board of the Oriole Corporation, a privately held corporation. The board routinely relies on a Certified Public Accountant (CPA) to explain the financial situation of the corporation. Law 531 final exam. The board does not do an independent analysis of the CPA’s report. In these circumstances, the board is

A. Violating a duty of loyalty

B. Violating a duty to exercise due care

C. Violating the business judgment rule

D. Not violating any duty

11) Self-dealing by a director of a corporation can best be described as

A. A breach of a director’s duty of notification

B. A breach of a director’s duty of care

C. A breach of the Business Judgment Rule

D. There was no breach of duty

12) Which of the following is likely to be a breach of a corporate officer or director’s duty of care?

A. Failing to anticipate a precipitous drop in consumer demand of the company’s product

B. Failing to make a reasonable investigation of relevant facts

C. Failing to predict the unexpected startup of a new competitor

D. Failing to foresee a sudden rise in the interest rate

13) In what ways may officers and directors be protected by the corporation from liability for actions taken as an officer or director?

A. The officer or director must purchase personal liability insurance to cover such losses.

B. Have the corporation purchase liability insurance and indemnify the officers and directors

C. Officers and directors cannot be protected from liability

D. Officers and directors are automatically protected from liability by virtue of corporate

14) If a plaintiff voluntarily participates in a risky activity that results in injury, what is the most likely defense to a claim that the plaintiff assumed the risk?

A. Contributory negligence

B. Defendant was negligent per se

C. Defendant assumed the risk under the “danger invites rescue” doctrine

D. Comparative negligence

15) Mark is the treasurer of Sky-Hi Tech Corporation and, as such, he is responsible for protecting the assets of the corporation. One of Mark’s subordinates, Jill, is in charge of reconciling the monthly corporate bank statements. Law/531 week 5 final. Over a period of several months, Jill embezzled a large amount of money from Sky-Hi Tech, covering up the theft using her bank reconciliations. If Mark had adequately supervised Jill, she could not have embezzled this money. Mark’s actions (or inactions) constitute a breach of his duty of

A. Due care

B. Obedience

C. Loyalty

D. Good business judgment

16) Barry buys a new sports car. The car sits low to the ground and because of the styling; visibility to the rear is limited. About a month after Barry buys the car, he backs over his pet poodle as he is leaving for work. In his strict liability suit against the car manufacturer, Barry will

A. Win because driving a sports car is an inherently dangerous activity

B. Win on the basis of design defect

C. Win on the basis of packaging defect because the car could have been packaged in a differently styled body

D. Lose because he assumed the risk of backing up in a car when he could not see to the rear

17) If a judge rules that a party lost its case because of the Statute of Frauds, the judge has essentially stated which of the following?

A. The losing party purposely deceived the other party about a material fact.

B. The losing party will not be allowed to introduce evidence to contradict a written agreement

C. The losing party cannot enforce an oral contract that should have been in writing

D. The losing party was found by the court to have lied, and therefore will lose the case

18) What does the parole evidence rule do?

A. It limits the ability of parties to written contracts from introducing certain evidence related to the contract.

B. It sets the rules for admissibility of evidence relating to releasing a criminal from a prison term

C. It sets the general rules for the admissibility of evidence in criminal actions

D. It determines which contracts are required to be in writing

19) ABC LLC and XYZ Corp. entered into a contract whereby ABC is to supply XYZ with widgets. After receiving the first shipment of widgets, XYZ finds that the widgets, while meeting the physical standards specified in the contract, do not perform as XYZ anticipated. The contract is silent as to performance specifications, but XYZ suspects that ABC knew that it was manufacturing and supplying widgets that would not perform according to industry standard. XYZ initiates a lawsuit against ABC, alleging that ABC knowingly supplied defective widgets. What process will XYZ use to help it develop its case against ABC?

A. Pleadings

B. Motion for summary judgment

C. Discovery

D. Trial

20) Under the Employee Retirement Income Security Act (ERISA), an employee’s benefits must vest

A. Within 10 years

B. By the time of the employee’s retirement

C. In total within 5 years or gradually within 7 years

D. Only as provided in the pension plan

21) Which of the following statutes provides that it is legal for employees to organize a union?

A. The Norris-LaGuardia Act

B. The National Labor Relations Act

C. The Labor-Management Relations Act

D. The Worker Adjustment and Retraining Notification Act

22) William was a factory worker at the Spruce Industries plant. When management found out that William is gay, he was fired. The plant’s action is

A. Not prohibited under federal law

B. A violation of Title VII

C. A violation of the Equal Pay Act

D. A violation of the Americans with Disabilities Act

23) Janet is manager of a bank. She has all the qualifications to be promoted to bank manager. In fact, she is better qualified than any of the men being considered for the position. However, the owner of the bank believes that bank customers will LAW/531 not accept a woman as bank manager, so the owner promotes one of the males. The owner’s actions would best be described as what?

A. Quid pro quo

B. Hostile work environment

C. Gender discrimination

D. Pregnancy discrimination

24) Which one of the following statutes allows a prevailing party to recover attorney’s fees in an action against the government for an action of an agency?

A. The Freedom of Information Act

B. The Government Compensation Act

C. The Administrative Procedure Act

D. The Equal Access to Justice Act

25) Which of the following would prevent someone from acquiring land by adverse possession?

A. The person never had to fight the original owner to remain on the land

B. The person lived on the land secretly so that the original owner would not find out he or she was there

C. The person lived on the land without the original owner’s permission

D. The person was the only person who lived on the land in question

26) Which of the following would be classified as tangible personal property, as opposed to other property categories, such as fixtures or intangible property?

A. A freestanding desk

B. Built-in cabinets in an office

C. A copyright to a literary work

D. A field of corn

27) As the CEO of a high tech company, you become aware that your chief competitor is working on a new computer program that will revolutionize your industry. You know that if you can find out several key functions about the new product, LAW/531 final exams your own programmers will be able to duplicate the function of the program without actually copying its code. Which of the following actions can you ethically take?

A. Paying the garbage company to deliver the competitor’s garbage to you

B. Hiring a former employee of the competitor and paying her a bonus to tell you the competitor’s secrets

C. Hiring a researcher to review all available information about the competitor, including patents, types and names of employees hired, reports by the competitor, including all SEC filings

D. Hacking into the competitor’s computer systems to find out what you need

28) From a practical perspective, what are some of the elements of Sarbanes-Oxley?

A. Ensuring transparency, accountability and internal controls

B. Ensuring companies are profitable

C. Ensuring that CEOs do not make more than 10 times the lowest paid employee

D. Ensuring that large shareholders do not have board representation

29) Under Title IX of the Sarbanes-Oxley Act, the penalty for someone who certifies “any statements as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport . . .” is. Law 531 final exam answer

A. No more than $1,000,000.00 or imprisoned no more than 10 years, or both

B. No more than $500,000.00 or imprisoned no more than 6 months, or both

C. No more than $2,000,000.00 or imprisoned no more than 3 years, or both

D. No more than $5,000,000.00 or imprisoned no more than 20 years, or both

30) Which is prohibited under the Sarbanes-Oxley Act?

A. High salaries for corporate executives

B. Using an independent accounting firm for audit purposes

C. Public companies making personal loans to their directors and executives

D. Directors and executives attending board meetings on a regular basis