Has Benes acted properly under the rules of professional conduct? Discuss.

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George Costanza has been offered a position as CEO of Kramerica, a large multinational electronics corporation. Costanza and the president of the Kramerica board, Cosmo Kramer, meet to discuss the terms of the agreement. They sketch out a compensation plan that includes a hefty salary and stock options worth several million dollars. In the spirit of cooperation, Kramer suggests that they use the same attorney to draw the agreement and agrees to have Kramerica pick up the tab. They set up a meeting with Elaine Benes, a well-respected local business attorney.

In the initial meeting, Kramer tells Benes, “We have already outlined all the key factors in George’s contract and just need you to help us formalize the terms. Now I want you to consider yourself as acting for George and for Kramerica, but Kramerica will be solely responsible for your fees. So what do you say, can you help us move this thing forward?”

Benes responds that she would be happy to help them out. She explains that she charges $185 an hour for her services and provides Kramer with a written fee agreement. The parties then discuss the specifics of their deal.

Shortly, thereafter, she phones Costanza to clarify some of the terms. In particular, she wants to know how long the vesting period is supposed to be for the stock options. He says, “Well. To tell you the truth, we never really discussed that. Make it two years. The fact is, I have already committed to move to Sydney in two-and-a-half years when my daughter graduates from law school here. I plan to work for another company over there. Please don’t mention that to Cosmo. It could kill our deal.”

Benes then calls Kramer and asks him what he thinks the vesting period is supposed to be. Kramer says, “I guess we forgot to spell that out in our prior discussions, but Kramerica’s standard vesting policy is 20 percent after three years, another 30 percent after five years, and then the balance after seven years. Just put that in.”

After talking to Kramer, Benes decides, in fairness to both parties, to “split the difference.” She writes up the agreement and presents it to both parties to sign.

Has Benes acted properly under the rules of professional conduct? Discuss.

What standards of professional responsibility, if any, has DeFazio violated by her conduct in representing Squigman? Discuss.

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Squiggy Squigman retained attorney Laverne DeFazio to represent him on a federal bank robbery charge. The indictment charged that Squigman had robbed Milwaukee Bank on Shotz Street. The prosecutor’s case depended in part on photographic evidence obtained from hidden cameras in the bank. None of the photographs clearly depicted the robber’s face.

At their first meeting, Squigman told DeFazio that, at the time of the robbery, he was watching television at the home of his friend Shirley Feeney.

While reviewing the evidence, DeFazio noticed that one of the bank photographs showed the robber wearing a ring on the fourth finger of his right hand. Later, at one of their trial preparation sessions, DeFazio saw that Squigman had a ring on the same finger. DeFazio mentioned this to Squigman, and the following conversation occurred:

Squigman: So what? Lots of people wear rings on that finger and lots of rings look like this one.

DeFazio: Yours has a “B” on it.

Squigman: You can’t see the one in the bank photo clearly enough to see if there’s a “B” on that one.

DeFazio: You might be able to if they blow it up.

After the meeting ended, Squigman removed the ring and DeFazio never saw it again. In a subsequent meeting, DeFazio noticed a tan ring line on Squigman’s finger and said, “The DA may ask you about the ring line on your finger.” Squigman did not respond.

During the trial, but before he testified, Squigman asked DeFazio what he should do if the prosecutor asks him if he owned a ring with a “B” on it.

“If you insist on testifying, you have to tell the truth,” DeFazio said.

The night before closing arguments were scheduled to begin, Squigman gave DeFazio the balance of her legal fee in $100 bills. DeFazio noticed that the serial numbers on 14 of the $100 bills corresponded to the serial numbers identified during the testimony of a bank officer as the numbers on some of the stolen bills.

DeFazio returned all 14 of the $100 bills to Squigman and told him to bring an equivalent sum in other denominations. The following morning, Squigman came to court with bills in various denominations, which DeFazio accepted.

In her closing argument, DeFazio argued that the prosecutor was going after the wrong man and urged the jury to believe Shirley Feeney’s testimony confirming Squiggy’s alibi.

What standards of professional responsibility, if any, has DeFazio violated by her conduct in representing Squigman? Discuss.

Frasier is a successful criminal defense attorney. For the past six months, she has been doing televised trial commentary on a notorious murder trial involving a former football star.

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Frasier is a successful criminal defense attorney. For the past six months, she has been doing televised trial commentary on a notorious murder trial involving a former football star. Her comments are considered sharp and perceptive, and she has gained national recognition. She has recently received numerous other offers to appear on television. One afternoon, Frasier appears on a live talk show with three other attorneys to discuss the general state of law. The panel takes questions from phone callers. The callers are asked to use their first names only in order to protect their privacy.

A young woman name Daphne calls and directs her question to all of the lawyers on the panel: “I have just received a subpoena to be a witness at my brother’s criminal trial and I don’t want to testify. Is there anything I can do to avoid appearing?” Just as one of the attorneys is about to answer the question, Frasier interrupts and says, “I believe that I’m the most qualified person to help Daphne with her problem because I have such extensive criminal trial experience and am looked upon across the country as an expert in this area. Daphne, before I can help you, I need to know more about why you don’t want to testify.” Daphne responds, “I’m afraid that I might be arrested if they find out I helped my brother.” Frasier responds, “Daphne, why don’t you call my office at 555-6800 to set up an appointment? You are definitely in need of professional help, but your situation requires more detailed advice than I can give you here or over the phone. Don’t worry: I have gotten many a client out of similar jams.”

When the television program ends, Frasier stops by the station’s newsroom and delivers two front-row tickets to the most popular play in town to the news director. Frasier says to the director, “This is just my way of saying thank you for the interview that you did with me last week. My phone has been ringing off the hook ever since. Lots of new clients.”

Has Frasier violated any standards of professional responsibility? Discuss.

An IRAC-style essay is needed

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An IRAC-style essay is needed

 

Ella is a trained paralegal who works for ABC Bank in Tucson, Arizona. One day, Barry walks into the bank to apply for a mortgage loan to purchase a new house. Ella and Barry have a long conversation about Barry taking out a mortgage. During the conversation, Barry is concerned that were he to default on his loan, his credit would be destroyed.

In response, Ella tells him:

Don’t worry about it. If you don’t pay your loan, the only remedy the bank has is to foreclose on the house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Arizona law on the matter.

Unfortunately, it turns out that Ella was incorrect. When Barry defaults on his loan the next year, his credit is badly hurt.

Barry comes to your office and meets with your supervising attorney, Rick, to discuss the possibility of suing Ella based on her statement to him and his reliance on it. Because Barry sincerely believed that what she was saying was true, Rick immediately rules out the possibility of suing her for fraud or misrepresentation. (Note: This means you should NOT deal with the possibility of suing him for fraud or misrepresentation or the like!)

Instead, Barry says to Rick, “Well, Ella isn’t a lawyer. Isn’t it wrong for her to tell me what the Arizona law is when she’s not even a lawyer?” Rick replies, “Well, I know that it’s unethical and even criminal to practice law without a license, but I don’t know if you can sue someone for unauthorized practice of law. I’ll have my star paralegal look into that.”

After Barry leaves, Rick asks you to research this question, i.e., whether Barry can sue Ella based on her unauthorized practice of law, and to get back to him with an answer. Please prepare a properly researched essay to answer Rick’s question. Please refer to Arizona Supreme Court Rule 31.

Constitutional Law 

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Constitutional Law

In this unit, we are studying the power that may be exercised by the executive branch.  Select only 1 of the following cases, and respond to the questions in a 4–5-page paper (choose only 1 case): Case 1: Read the case  Trump v. Hawaii, 585 U.S. ___ (2018), and answer the following questions:

· Summarize the facts of the case in your own words.

· Summarize the law that was passed to exclude certain foreign nationals.

· What did the Court state about the justiciability of this case?

· What did the Court state about the plaintiffs’ standing to file the lawsuit?

· What did the Court state regarding the president’s authority to pass this law?

· Finally, discuss whether you agree with the majority or with the dissenting justices. Explain your answer.

OR

Case 2:

Read the case of  Zivotofsky v. Kerry, 576 U.S. ___(2015), and answer the following questions:

· Summarize the facts of the case in your own words.

· Summarize the law that was passed to exclude certain foreign nationals.

· What did the Court state about the justiciability of this case?

· What did the Court state about the plaintiffs’ standing to file the lawsuit?

· What did the Court state about the conflict between Congress’s authority to pass the statute and the president’s authority to recognize a foreign sovereign?

· Finally, discuss whether you agree with the majority or with the dissenting justices. Explain your answer.

References

Oyez. (n.d.). Trump v. Hawaii. Retrieved from https://www.oyez.org/cases/2017/17-965

Oyez. (n.d.). Zivotofsky v. Kerry. Retrieved from https://www.oyez.org/cases/2014/13-628

The Uniform Crime Reports page on the FBI Web site provides links for its annual Crime in the United States publications.

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Cultural Diversity in Criminal Justice

 

Part I

The Uniform Crime Reports page on the FBI Web site provides links for its annual Crime in the United States publications. Before you are able to view one of these reports, you are given the following disclaimer:

Caution Against Ranking

Each year when Crime in the United States is published, some entities use reported figures to compile rankings of cities and counties. These rough rankings provide no insight into the numerous variables that mold crime in a particular town, city, county, state, or region. Consequently, they lead to simplistic and/or incomplete analyses that often create misleading perceptions adversely affecting communities and their residents. Valid assessments are possible only with careful study and analysis of the range of unique conditions affecting each local law enforcement jurisdiction. The data user is, therefore, cautioned against comparing statistical data of individual reporting units from cities, metropolitan areas, states, or colleges or universities solely on the basis of their population coverage or student enrollment.

Discuss the following:

· Why do you think this cautionary notice is given before users are directed to the FBI’s Crime in the United States publication? Expand on your viewpoint, and find credible sources to support your rationale.

Click here if you would like to visit the Web site.

Part II

Open the Hate Crime Data Collection Guidelines and Training Manual , scroll down to page 4, and review the Table of Contents. Specifically, look at hate crimes and the different classifications of bias. Using the Table of Contents, complete the following:

· Define and describe the following terms:

. Bias

. Race bias

. Ethnicity bias

. Religious bias

. Bias motivation

. The nature of a hate crime

. Bias motivation by category and type

. Legislative mandate to report hate crime

· Point out the distinction between institutional prejudice and personal prejudice.

· Explain ways in which stereotypes can influence memory and perceptions of events.

· What are common stereotypes of the specific minority groups explained in the training guide? How may one differentiate those stereotypes from accurate descriptions of the minority groups?

· Identify the principal psychological motivations underlying prejudice.

Part III

Based on the information you obtained in Parts I and II, do you think there could be racial or ethnic discrimination in arrests? Does cultural diversity have an impact on law enforcement practice? Provide evidence to support your answer, accompanied by proper citations in APA format.

References

Criminal Justice Information Services (CJIS) Division Uniform Crime Reporting (UCR) Program. (2015, February 27). Hate crime data collection guidelines and training manual, Version 2.0. Retrieved from https://ucr.fbi.gov/hate-crime-data-collection-guidelines-and-training-manual.pdf

Federal Bureau of Investigation: Uniform Crime Reporting. (2018, September 24). CIUS summary: FBI releases 2017 crime statistics. Retrieved from https://ucr.fbi.gov/crime-in-the-u.s/2017/crime-in-the-u.s.-2017/topic-pages/cius-summary

Examining Major Perspective and Theories in Historical Psychology Research

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Examining Major Perspective and Theories in Historical Psychology Research

For this Assignment, you will watch all four of the historical research videos (listed below), and then select one video to identify basic perspectives and theories used in psychology. Once you have selected your study (video), complete the Unit 6 Assignment Template (located in Course Documents), which will guide you through writing a cohesive paper. This Assignment will provide you with a connection between the major psychology studies and perspectives.

Watch each of the following:

Next, select one the videos, and write a 2-4 page paper (not including Title and Reference pages) addressing the following points:

  1. Identify the historical research study (video) you selected from the list above.
  2. Summarize the results of this study and what implications it has with regards to human behavior and mental processes that you have learned about in Units 5-6
  3. Discuss what is meant by social psychology and how it could apply to your research study referencing its theory and concepts.
  4. Theories are meant to help you explain and predict people’s behavior. Considering the personality theories you read about in Units 5 and 6, name one theory that helps explain what you see illustrated in the research and explain your reasons for choosing it (for example: psychodynamic, humanistic, social cognitive, behaviorism, or trait theory).
  5. Consider whether or not you think this historical research could explain the development of psychological disorders? Explain your reasoning using reference to the study and the disorder(s).

Writing Requirements and Assignment Guidelines

Your Assignment should be 2-4 pages, not including the Title and Reference pages, and should include the following elements:

  • Title page: Provide your name, title of assignment, course and unit number, and date
  • Body: Answer the questions in complete sentences and paragraphs
  • Reference Page: Sources in APA format
  • Use Arial or Times New Roman 12 point font, double-spaced
  • Use APA Formatting and Citation style
    • If you need assistance with APA style, please visit the Writing Center.
  • The assignment must be written in Standard English and demonstrate superior organization, including a highly developed viewpoint and purpose. The communication of your thoughts must be highly ordered, logical, and unified, displaying exceptional content, organization, style, and mechanics (including the use of correct grammar, punctuation, and sentence structure).

This Assignment assesses the following Course Outcomes:

PS124-3: Discuss major perspectives and theories in psychology connecting them to important historical research.

GEL-1.02: Demonstrate college-level communication through the composition of original materials in Standard English.

Creating a PowerPoint Presentation for Future Colleagues

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Creating a PowerPoint Presentation for Future Colleagues

For this week’s Assignment, you will create a PowerPoint® presentation that illustrates the connection between current psychology research and your role in your selected career field. You will present a psychology research article that relates to your career field and what can be learned from it.

1. Go to the Library and select a topic that connects psychology with your career field. Be sure to select the peer-reviewed box, so that you know your research studies are primary academic sources. For example:

  • A future addictions counselor may select the effectiveness of cognitive behavioral therapy.
  • A future business professional may select ways of improving work morale.
  • An early childhood development professional may select behavior modification techniques to improve classroom behavior.

2. After reviewing several studies, select one research study that most interests you.

  • Be sure to email the Librarian if you need help with this. (The Librarian will likely need one business day to respond.)
  • Click on the Cite link to bring up an APA reference for your article.

3. After reviewing the entire article, focus on the abstract and the introductory section for the main highlights of the research.
4. Create a presentation, using the Unit 8 Assignment Template (located in Course Documents), that is at least 10 slides long to present this information to future colleagues. Consider this presentation training for future colleagues on how your study relates to your career field. Your slides should address the following questions:

  • Identify your career field and article you selected.
  • Describe the highlights of the research study.
  • Relate the research to your career field.
  • Discuss principles of learning that you will utilize in your career (i.e., classical and operant conditioning, observational learning, reinforcements, punishments, and shaping).

Writing Requirements and Guidelines

Your Assignment should be at least 10 slides, not including the Title and Reference slides, and should include the following elements:

  • Title slide: Provide your name, title of Assignment, course and unit number, and date
  • Body: At least 10 slides answering the questions provided in the Assignment directions in complete sentences and paragraphs
  • Reference slide: Sources in APA format
  • Use Arial or Times New Roman 12 point font
  • Use APA Formatting and Citation style
    • If you need assistance with APA style, please visit the Writing Center.

This Assignment assesses the following Course Outcomes:

PS124-4: Describe how the study of psychology is relevant to students’ career field.

PC 2.1: Achieve goals through planning and prioritization.

Explain the legal and ethical issues surrounding various controversial issues in healthcare.

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Unit outcomes addressed in this Assignment:

  • Explain the legal and ethical issues surrounding various controversial issues in healthcare.
  • Discuss current issues in healthcare.

Course outcomes addressed in this Assignment:

HS101-5: Identify current topics in healthcare.

GEL-1.02: Demonstrate college-level communication through the composition of original materials Standard English.

Instructions:

Your Assignments in this course will take you through “A Day in the Life” of a healthcare professional. You will be given the opportunity to apply the concepts that you have learned throughout the course to a variety of situations that a healthcare professional might face.

In addition to the grading standards found in the Syllabus, assignments will also be graded on accuracy and application of course materials. This Assignment is a research paper and should meet the following requirements:

  1. The Assignment should have 2-3 pages of content.
  2. The Assignment should utilize APA style, including a title page, reference page, double spacing, and the use of Times New Roman Font Size 12.
  3. The Assignment should utilize Standard English, grammar, punctuation, and spelling.

For more information on writing a research page, please visit the Writing Center.

Directions:

Choose a controversial issue in healthcare from the list below. Respond to the questions and upload to the appropriate Dropbox.

Each question should be answered in complete sentences, using correct sentence structure. Responses should be free of grammatical, punctuation, and spelling errors.

Controversial Issues:

Stem Cell Research

Assisted Reproduction

Abortion

Euthanasia

Genetic Testing Organ Donation

Other choice, if approved by your instructor

Questions to answer:

  1. What are the main legal and ethical issues surrounding your chosen topic? The response to this question should be the bulk of your paper, about 2 pages long.
  2. What is one court case that involved your chosen topic? Summarize the court case, including the outcome. Be sure to include proper citation in APA style.

Write a 1,600- to 1,750-word paper that compares and contrasts the differing roles of government versus private security employees

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Write a 1,600- to 1,750-word paper that compares and contrasts the differing roles of government versus private security employees.

Include the following in your paper:

  • A comparison of the legal, ethical, managerial, and economic issues of public and private agencies
  • An evaluation of public and private agency daily practices
  • A discussion of the future merging of government and private security agencies

 

Include a minimum of 4 references from texts, articles, journals, local police or criminal policy, and  websites; only 2 may be websites.

Format your paper consistent with APA guidelines.

Must Be Graduate Level Writing