1. Describe these two organisations, AFL-CIO and CTW ( 250- 300 words)

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Description

 

 

Answer the following questions based on your research:

1. Describe these two organisations, AFL-CIO and CTW ( 250- 300 words)

2. How are these two organisations similar ( minimum 3 similarities) and different (minimum 3 differences) in their mission and perspectives, current agenda (500–700 words)

3. If you were the leader of a National Union , which confederation would you choose to join and why? (250- 400 words)

Total words (( 1000 – 1500 words ))

To briefcases, case problems and questions, use the following “IRAC” format:

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To briefcases, case problems and questions, use the following “IRAC” format:
Issue: What question must be answered in order to reach a conclusion in the case? This should be a legal question which, when answered, gives a result in the particular case. Make it specific (e.g. “Has there been a false imprisonment if the plaintiff was asleep at the time of ‘confinement’?”) rather than general. Most cases present one issue. If there is more than one issue, list all, and give rules for all issues raised.
Rule: The rule is the law which applies to the issue. It should be stated as a general principal, (e.g. A duty of care is owed whenever the defendant should anticipate that her conduct could create a risk of harm to the plaintiff.) not a conclusion to the particular case being briefed, (e.g. “The plaintiff was negligent.”)
Application: The application is a discussion of how the rule applies to the facts of a particular case. While the issue and rule are normally only one sentence each, the application is normally paragraphs long. It should be written debate -not simply a statement of the conclusion. Whenever possible, present both sides of any issue. Do not begin with your conclusion. The application shows how you are able to reason on paper and is the most difficult (and, on exams, the most important) skill you will learn.
Conclusion: What was the result of the case? With cases, the text gives you a background of the facts along with the judge’s reasoning and conclusion. When you brief cases, you are basically summarizing the judge’s opinion. With case problems, the editors have given you a summary of the facts of an actual case, but have not given you the judge’s opinion. Your job is to act as the judge in reasoning your way to a ruling, again using the IRAC format.

NYU Team Project Proposal Worksheet

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1.What is a guaranty contract and are there any exceptions to the rule that such contracts must be in writing in order to be enforceable?

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Description

 

 

1.What is a guaranty contract and are there any exceptions to the rule that such contracts must be in writing in order to be enforceable?

2.What is the Parol Evidence Rule? How does it apply to contracts? Are there any exceptions to the rule, if so what are they?

3.According to the text, what types of contracts MUST be in writing to be enforceable (i.e. to satisfy the statute of frauds requirement)?

4. What rights can and cannot be assigned by a party to a contract to another person?

5. What duties can and cannot be delegated by a party to a contract to another person?

6.Please describe how Compensatory and Consequential Damages differ. Provide an example that incorporates both types of damages into it.

Is she entitled to recover the $2,000? fully explain using the IRAC METHOD.

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Krista Babcock cosigned an automobile loan agreement that enabled her friend, Horne, to obtain a $5,000 loan to acquire an automobile from a third party. Horne defaulted on the loan after making a number of payments, and Babcock paid $2,000 to the lending institution to pay off the remaining balance on the loan. Babcock then brought suit against Horne to recover the $2,000.

Is she entitled to recover the $2,000? fully explain using the IRAC METHOD.

Personal Development for Leadership and Strategic Management

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Personal Development for Leadership and Strategic Management
Kindly note that:
– All points are to be discussed in 3000 to 4000 words.
– Plagiarism (copy and paste from the internet or other resources) should not exceed 20%.
– All assignments are to be in Word form, and Font Size is 12.
No PDFs will be accepted.
Assignment
You have been a senior manager for a number of years and have decided that your next career move should be to or take responsibility for an aspect of strategic management in an organisation. Some interesting posts have been advertised recently and you have registered with a recruitment agency Harris Hall, which specialises in senior positions.
Task 1.

Harris Hall has sent you a guidance pack titled ‘Preparation for Application and Interviews’, which includes some tasks for you to complete. This will provide the foundations for the applications you will make. You are required to produce a file of information. In section 1 you must:

• analyse the knowledge and skills in leadership and strategic management which are required to support the creation and achievement of organisational vision and strategy
• assess the contribution that factors other than skills and knowledge in leadership and strategic management make to the achievement of organisational vision and strategy
• review theories of leadership and management and assess the implications for your personal development.

Extension activities:

To gain a merit grade you should also add a further section which:
• provides a justified ranking of the leadership and management knowledge and skills required to successfully create and achieve organisational strategy.

To gain a distinction grade you must produce an additional section which:
• evaluates the leadership and management knowledge and skills required for the successful achievement of organisational operations versus the creation and achievement of organisational strategy.

LO1 AC 1.1, 1.2, 3.1,
1M1, 1D1

Task 2

The second part of the file enables you to manage the development of your own personal knowledge and skills in leadership and strategic management. This will support achievement of personal and organisational vision and strategy. This audit must be done in the context of an organisation where you are employed, where you work in a voluntary capacity, where you wish to gain employment or where you are studying. You must:

• carry out an audit of your own personal leadership and management knowledge and skills. The knowledge and skills identified must facilitate the creation and achievement of organisational vision.
• set objectives to meet your personal development needs in the context of strategic organisational needs
• prepare a personal development plan to develop own leadership and management skills to support the creation of organisational vision and strategy

Extension activities:
To gain a merit grade:
• justify how objectives and the plan selected for personal development support achievement of organisational vision and strategy.

To gain a distinction grade you must:
• carry out appropriate personal development activities to develop knowledge and skills identified in the audit,

LO3 AC 3.2, 3.3, 3.4
3M1, 3D1

Task 3

Harris Hall has sent you an email about an interesting post which is advertised in Management Today and you have decided to apply. As part of the application the organisation wants you to send a CV and a paper on ‘Developing and Communicating Organisational Vision’. The SHR Department in the organisation will use this information in the shortlisting of applicants, who will then be invited to interview.

Prepare a paper which:

• analyses the factors which impact on the creation of organisational vision
• assesses the different approaches to developing vision
• evaluates the key factors which impact on the communication of vision to external stakeholders.

Extension activities:
To gain a merit grade you must write additional section in the paper which:
• evaluates the key factors needed to gain the commitment of internal stakeholders when communicating vision

LO 2 AC 2.1, 2.2, 2.3

2M1

Task 4

Congratulations you have been shortlisted for the post and been invited to interview. You are required to prepare a presentation which:

• assesses the benefits of review and explains when this tool can be used in the achievement of personal and organisational strategy.

You are required to produce a paper which:

• evaluates the sources of information needed to review progress with achieving personal development plans.

LO 4 4.1, 4.2

Task 5

In the guidance pack Preparation for Application and Interviews’, Harris Hall have asked you to review progress to date with your personal development plan. You understand the importance of review in supporting individual and organisational progress.

• Produce a report which reviews your progress against the outcomes stated in your personal development plan.

4D1

Guidelines for assessors

The assignments submitted by learners must achieve the learning outcomes and meet the standards specified by the assessment criteria for the unit. To achieve a merit or distinction grade, the learners must demonstrate that they have achieved all the criteria set for these grades. Where work for the pass standard is marginal, assessors can take account of any extension work completed by the learners. The suggested evidence listed below is how learners can demonstrate that they have met the required standards.

Task
number LOs and AC Suggested evidence
PASS Suggested additional evidence MERIT Suggested additional evidence DISTINCTION
1. LO1:
AC 1.1, 1.2,
LO3 3.1,
1M1,1D1 The learner must produce a clear and detailed analysis of the knowledge and skills in leadership and strategic management which are needed to support the creation and achievement of organisational vision and strategy. The assessment of other factors that support achievement of organisational vision and strategy should consider each factor in turn and lead to judgements. The learner must produce a detailed review of a range of leadership and management theories linking them to their own personal development and making judgements on the relevance. The learner must determine the ranking approach that will be used. This must be applied to the knowledge and skills required to successfully create and achieve organisation strategy. The judgements made must be explained and justified. The learner should produce a balanced evaluation of the leadership and management knowledge and skills required for the successful achievement of organisational operations versus the creation and achievement of organisational strategy. The learner should consider arguments for and against and judge the evidence from the different perspectives. This should lead to valid conclusions.
2 LO3 3.2, 3.3, 3.4
3M1,3D1 The audit of learner’s own personal leadership and management knowledge and skills should be objective and factual. It is not sufficient to base this purely on personal reflection. The audit needs to be related to the analysis produced for AC 1.1. The objectives set must be presented clearly, directly related to the personal audit and organisational strategic needs. The objectives should be SMART.

The personal development plan should be in a clear format with stated specific objectives, timescales and monitoring points. The plan must be detailed and might include a range of activities such as formal learning or training, as well as informal learning. The learner must give a comprehensive explanation of the reasons why the plan and the stated objectives support achievement of organisational vision and strategy. There should be evidence of the personal development activities undertaken. This may take the form of a log and include witness statements, agendas of meetings, programmes of training events etc. The evidence must link to the knowledge and skills identified in the audit.
3 LO2 2.1, 2.2, 2.3
2M1
The different factors impacting on the creation of vision should be examined in detail. The assessment of the different approaches should be clearly presented and lead to judgements. In the analysis and assessment reference to actual examples from organisations would assist the learner in supporting the points which are made. The evaluation of key factors impacting on the communication of the vision to external stakeholders should clarify who the external stakeholders might be and how the message might be differentiated. The evaluation should consider the strengths and weaknesses of different approaches and lead to judgements. The evaluation of the key factors needed to gain the commitment of internal stakeholders when communicating the vision must consider the points from different perspectives. The learner should provide reasoned judgements.
4 LO4 AC 4.1, 4.2
The presentation and paper must be appropriate for the selected audience and the scenario provided. The assessment should be objective and lead to judgements. This should be accompanied by a full explanation of when the tool of review can be used to support achievement of personal and organisational strategy. The learner may wish to refer to examples of review used in different organisations to support individual and organisational progress.

The evaluation of the sources of information needed to review progress when achieving personal development plans must explain why they are relevant and what benefits they bring. This should lead to valid conclusions and judgements.
5 LO4
4D1 The report should accurately identify and explain the progress made in achieving the objectives set in the personal development plan. The review must be honest, factual and based on the activities which have been completed, identifying where objectives have been met and where any shortfalls exist.

 

Each of these fact patterns has at least one legal issue. If there is more than one, you can pick the issue you want to analyze.

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Description
Every lawsuit starts with a story, or what we lawyer-type people refer to as a fact pattern. The Project requires you to analyze a fact pattern.

Each of these fact patterns has at least one legal issue. If there is more than one, you can pick the issue you want to analyze. Please assume the facts are correct, however, if the rule and its application requires further details or facts not stated, you can note that in your analysis.

Employment Discrimination Answer the four questions about Michelle Lyle’s lawsuit against Warner Brothers Television Production Company described below.

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Question 1: Employment Discrimination Answer the four questions about Michelle Lyle’s lawsuit against Warner Brothers Television Production Company described below.Although the material in the course slides and required text is sufficient to answer these questions, feel free to conduct additional research.

Question 2:Administrative AgenciesAnswer the four questions about the SEC’s new rule concerning insider trading described below: Although the material in the course slides and required text is sufficient to answer these questions, feel free to conduct additional research.

BLAW 101 Mock Trial 2 Criminal Law and Procedure

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BLAW 101
Mock Trial 2
Criminal Law and Procedure
Instructions
(for ALL GROUPS)
To Submit on Canvas
Opening Statement: Names of group members, the
party you represent [Plaintiff/State of California or
Defendant], and what you want the court to do. (2
points)
Arguments/Counterarguments: Answer each of the
questions in your mock trial fact pattern by connecting
the law to the facts. The State (Plaintiff) should use
each the elements; The Defense should focus on
weakening one or more elements (4 points argument,
2 points counterargument).
Conclusion: Conclude in one sentence that the
search/confession/waiver is inadmissible
(Defendant) or is admissible (Plaintiff) (1 point). For
theft crimes/conspiracy, conclude guilty or not
guilty.
Spelling and Grammar: 1 point
BLAW 101-110 – Mock Trial 2 – Criminal Law – 1.3.21 – © D. Spitz, 2020
Mock Trial #2A: 4th Amendment
Case: State of California v. Denise Defendant
One month ago at 7:00 pm, Denise Defendant (Denise) and Connie Co-conspirator
(Connie) planned to break in through the front doors of the California Science Center.
The two of them agreed that they would steal a part of the Spaceship Control Module
from the inside of the world-famous NASA space shuttle “Endeavour.” Denise would
steal the part of the control module while dressed as a maintenance worker, and Connie
would stand guard and then drive the getaway car.
The two were successful in getting into the Science Center and in getting the piece of the
control module out of the Science Center without alerting any guards. However, in the
parking lot, Connie slipped on a banana peel and triggered the silent alarm. Within
minutes, police were on the scene and found Denise, arresting her. Connie got away with
the Spaceship Control Module and is yet to be found.
Police placed Denise in handcuffs and began to search Denise without a warrant and
without her consent. During the police’s search of Denise, they found a gun in Denise’s
pocket that she intended to use in case there were any problems with the guards at the
Science Center. The gun was later found to be registered to Connie.
The State of California wants to charge Denise with a number of crimes, including
attempted burglary, conspiracy to commit burglary, and possession of a firearm. Before
they do so, Denise’s lawyer has brought a 4th Amendment challenge against the State,
alleging that Denise’s rights were violated and that the police conducted an
unconstitutional search without first having a warrant. [Note: Do not discuss burglary,
conspiracy or possession of a firearm in this trial, and focus on the 4th amendment only.]
The State of California believes that although police did not have a warrant, they acted
lawfully and conducted a legal search.
Both the State of California (who represent the police) and Denise’s attorney should
analyze according to the following questions and argue each of the following for their
side:
In your mock trial writeup, answer the following questions in your analysis and
counterarguments sections: Was there a “search” as defined by the 4th amendment? Did
the police have a warrant or probable cause to search? If there was no warrant, is there an
exception to the warrant requirement? Does Denise have a “reasonable expectation of
privacy” (REOP)?
BLAW 101-110 – Mock Trial 2 – Criminal Law – 1.3.21 – © D. Spitz, 2020
Law Library Case 2A: State of California v. Denise Defendant
The 4th Amendment to the Constitution protects “The right of the people to be secure in
their persons, houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to be searched, and the persons
or things to be seized.”
The key issue to be decided at trial is whether Denise’s search was reasonable under the
circumstances. The State of California (Plaintiff) will argue that the search was
reasonable; Denise Defendant (Defendant) will argue it was not. Under the 4th
amendment, unreasonable searches, seizures and arrests are invalid, whereas reasonable
searches are permitted.
1) Was there a “search”, as defined by the 4th amendment?
Rule: A search exists “when the police suspect a crime has been committed and will look
through a person’s property and confiscate any relevant evidence to the crime.” This
search can extend to one’s body, personal property, or areas in close proximity to the
person being searched.
2) Did the police have a warrant or probable cause to search?
Rule: A valid warrant requires (1) probable cause that evidence will be found, (2) that
specifies of what items and places are being searched, and (3) that the warrant must be
issued by a neutral magistrate. Even when police have a valid warrant to search
someone or something, a search can exceed the scope of that warrant.
3) If there was no warrant, is there an exception to the warrant requirement?
Rule: The police do not require a warrant if they have an exception: (1) A defendant can
consent to a search, (2) police can stop and frisk if they believe criminal activity is
occurring, (3) exigent circumstances – if police believe that evidence is about to be
destroyed or lost, (4) inventory searches of an automobile, (5) SILA – a person can be
searched incident to a lawful arrest, (6) if the object was in the plain view of the police.
Overall, the police need to see a misdemeanor or a felony taking place, a lawful arrest,
and a search concurrent to (in the same time proximity as) the arrest. The evidence must
also be within the immediate space of the Defendant. If no warrant or exception exists,
the exclusionary rule applies, and all evidence obtained illegally is inadmissible at trial.
4) Does Denise have a “reasonable expectation of privacy” (REOP)?
This is a subjective standard and depends on the facts of the case. The State will argue
there is no or a low REOP; the Defendant will argue Denise had a high REOP.
BLAW 101-110 – Mock Trial 2 – Criminal Law – 1.3.21 – © D. Spitz, 2020
Mock Trial #2B: Theft/Conspiracy
Case: State of California v. Denise Defendant
One month ago at 7:00 pm, Denise Defendant (Denise) and Connie Co-conspirator
(Connie) planned to break in through the front doors of the California Science
Center. The two of them agreed that they would steal a part of the Spaceship
Control Module from the inside of the world-famous NASA space shuttle
“Endeavour.” Denise would steal the part of the control module while dressed as a
maintenance worker, and Connie would stand guard and then drive the getaway
car.
The two were successful in getting into the Science Center, and in getting the piece
of the control module out of the Science Center without alerting any guards.
However, in the parking lot, Connie slipped on a banana peel and triggered the
silent alarm. Within minutes, police were on the scene and found Denise alone,
arresting her.
While in handcuffs, Denise yelled out, “It wasn’t just me! Connie’s the one that
told me to get the piece anyways! I tried to tell her that this whole idea of breaking
in wouldn’t work and that we would get caught, but she refused to let me leave!
And now she’s driving down Pico, just like we agreed!” Police catch up to Connie
5 miles down the road and arrest her too. In Connie’s car, the police found the
piece of the control module, along with a gun sitting on the passenger seat as well
as mini-models of the piece that she planned to sell.
At Denise’s trial, the State of California charges Denise with larceny, conspiracy
and solicitation to commit larceny with Connie, and may want to charge Denise
with another theft crime if they can prove she was guilty. The judge has already
ruled that the search was legal, so do not make arguments about the 4th
Amendment. Both the State of California and Denise’s attorney should analyze
according to the following questions and argue each of the following for their side:
In your mock trial writeup, answer the following questions in your analysis and
counterarguments sections: (1) Did Denise commit larceny? (2) Is Denise guilty of
a conspiracy and solicitation with Connie? (3) Is Denise guilty of any other theft
crimes?
BLAW 101-110 – Mock Trial 2 – Criminal Law – 1.3.21 – © D. Spitz, 2020
Law Library Case 2B: State of California v. Denise Defendant
The key issues in Case 2B are (1) whether Denise is guilty of any theft crimes; and
(2) whether Denise is guilty of entering into a conspiracy. All theft crimes are specific
intent crimes, meaning that the Defendant must have specifically intended to commit the
act which he or she is accused of doing.
The State of California (Plaintiff) will argue that Denise is guilty of a theft crime (or
crimes) and should be sentenced to serve jail time; Denise Defendant (Defendant) will
argue Denise is innocent, or that the State has failed to prove each crime beyond a
reasonable doubt. To assist each side in their arguments, please remember that EACH
ELEMENT needs to be proven by the prosecution. The Defense should focus on
weakening one or more elements of each crime.
1) Did Denise commit Larceny?
Larceny is (1) the trespassory [no right to use the property] (2) taking and carrying
away [physically moving the property] (3) of the property [personal property] (4) of
another [no ownership] (5) with the intent to permanently deprive the owner of that
property [must intend to commit that specific crime].
2) Is Denise guilty of a Conspiracy and Solicitation?
Conspiracy is (1) an agreement (2) between two or more people (3) who intend to agree
to commit a crime (4) and actually commit an “overt act” in furtherance of the
conspiracy (ex: an overt act must be more than just planning to commit a crime, and has
to be a “voluntary step” towards committing the crime).
A Co-Conspirator can also be guilty for any other crimes that are related to the
conspiracy under the merger doctrine (i.e. a robbery where someone is murdered would
include both crimes of robbery and murder). A co-conspirator can use the defense that
they withdrew from the conspiracy and communicated their withdrawal to all coconspirators.
Solicitation is (1) the encouraging, bribing, requesting or commanding that a person (2)
commit a crime (3) with the intent that the person solicited actually commit that crime. A
solicitation does not need to be verbalized (spoken) in order to be considered solicitation.
3) Is Denise guilty of any other theft crimes?
Burglary is the breaking and entering of a dwelling at night time with the intent to
commit a felony therein. Embezzlement is the intentional conversion of the property of
another by someone who is already in lawful possession of the property. Fraud is a false
statement of fact which causes a victim to pass title of the property to Defendant. If
charged with a theft crime, a Defendant can use the mistake of fact defense if it applies.
BLAW 101-110 – Mock Trial 2 – Criminal Law – 1.3.21 – © D. Spitz, 2020
Mock Trial #2C: 5th and 6th Amendment
Case: State of California v. Denise Defendant
One month ago at 7:00 pm, Denise Defendant (Denise) and Connie Co-conspirator
(Connie) planned to break in through the front doors of the California Science Center.
The two of them agreed that they would steal a part of the Spaceship Control Module
from the inside of the world-famous NASA space shuttle “Endeavour.” Denise would
steal the part of the control module while dressed as a maintenance worker, and Connie
would stand guard and then drive the getaway car.
The two were successful in getting into the Science Center, and in getting the piece of the
control module out of the Science Center without alerting any guards. However, in the
parking lot, Connie slipped on a banana peel, and triggered the silent alarm. Within
minutes, police were on the scene, and found Denise, arresting her. Connie got away
with the Spaceship control module and is yet to be found.
While in handcuffs, Denise said, “I need that lawyer of mine to get me out of