Issues Presented or Questions of Law:

1) Did the SBL agreement constitute the contract between the parties?

2) Was Plaintiffs' case barred by the parole evidence rule?

3) Should the trial court have sustained Defendants' demurrer to Plaintiffs' case?

Holding / Rule of Law:

1) The SBL agreement did not constitute the contract between the parties. The contracts were formed when Plaintiffs accepted Defendants offer and tendered their consideration. Therefore, the SBL agreement and addendum were unilateral, and therefore unenforceable, changes to the contract.

2) The Plaintiffs' breach of contract claim was not necessarily barred by the parole evidence rule.

3) The trial court should not have sustained Defendants' demurrer to Plaintiffs' case because a demurrer is not proper unless no recovery is possible on the facts alleged in the complaint.

Rationale:

1) A contract is formed when there is an offer, an acceptance of that offer, and an exchange of consideration. After a contract is formed, the contract…...

Legal Brief: Hotjox Magazine
Facts: Mark Studley (Studley), an Olympic swimmer, was featured on the cover of Hotjox magazine, a magazine targeted primarily at gay males. The picture was in the public domain. The magazine cover had the headline "Olympic Hunks Exposed" and said, "12 Sizzling Centerfolds eady to Score with You," "Holy Speedo! Hot Athletic Buns!" And "Mark Studley, Olympic 2000's Best Body." The only image of Studley inside the magazine was a small fully-dressed quarter-page photo with an athletic profile of him and a quote he had previously given about trying to be a role model for children. The magazine did feature nude photos of male dancers. Studley filed suit against Hotjox alleging false light invasion of privacy. Studley maintained that the cover implied that he had voluntarily posed for the magazine and that this cost him endorsements and resulted in damage to his reputation. Hotjox argued that, as…...

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References

Cooper, J. (2013). Invasion of privacy- false light. Retrieved April 20, 2013 from Eastern

Michigan University website:  http://www.emunix.emich.edu/~jcooper/emlaw/unit5_fl.html 

Kaelin v. Globe Communications Corp. (9th Cir., 1998) 162 F.3d 1036.

Time, Inc. v. Hill, 385 U.S. 374 (1967).

Legal Briefs
Title and Citation: Suggs v. Norris. No. 364 S.E. 2nd 159. Court of Appeals North Carolina. 2 February 1988

Type of Action: Civil and Contractual

Facts of the Case: Darlene Suggs cohabited with Norris, but remained unmarried. During their time together she worked with him as a partner in his produce business and, according to witnesses, was quite instrumental in the success of said business. Suggs also took care of Norris during his last years when he suffered he effects of chronic alcoholism. hen Norris died, his heirs gave Suggs nothing.

Contentions of the Parties: Suggs sued the Norris estate for breach of implied contract. Norris' estate argues that any contract is void because cohabiting is against public policy.

Issues: Does public policy prohibit the recovery by a plaintiff partner in a cohabiting relationship but unmarried from the other partner's estate for services or benefits given to the other partner under he conditions…...

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Works Cited

Suggs v. Norris. No. 364 S.E. 2nd 159. Court of Appeals North Carolina. 2 February 1988. Web. October 2013. .

United States v. Gonzalez-Lopez. No. 399 F. 3rd 924. Supreme Court of the United States. 26 June 2006. Web. October 2013. .

Legal Brief: Anthony Labriola v. Pollard Group
Anthony Alan Labriola v. Pollard Group, Inc., A Supreme Court, 2004, No. 74002-0

hether a 2002 noncompete agreement negotiated after the employee had been hired and without independent consideration is enforceable.

SUBSTANTIVE FACTS:

Five years after beginning employment as a sales person the employer required the employee sign a noncompete agreement in 2002. In exchange the employee was allowed to remain employed.

After the noncompete agreement was signed by the employee, the employer changed the commission schedule such that the employee believed his income would be cut by 25%. As a result the employee began to search for employment elsewhere.

Upon learning of the employee's job search activities the employer fired the employee and notified competitors of its intention to enforce the noncompete agreement.

As a result the employee remains unemployed.

PROCEDURAL FACTS:

Employee filed suit seeking a summary judgment that the noncompete agreement entered into after employment had already begun was…...

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Washington State recognizes as enforceable noncompete agreements entered into at the time of employment, but a noncompete agreement entered into after employment has begun requires additional independent consideration. In other words, unless both parties are burdened with additional obligations the contract is unenforceable. The employer's argument that continued employment and additional training constituted consideration was found to be unsupportable because the 2002 noncompete agreement made no promises regarding future employment, wages, or training.

JUDGEMENT: Reversed trial court's summary judgment ruling and enter a summary judgment ruling in favor of the employee.

Note: The Court also considered the issues of attorney fees and court costs, the employer's affirmative defenses and counter claims, and CR 11 sanctions. Employee was awarded attorney fees and costs, the Court upheld the lower court's dismissal of the employer's affirmative defenses and counter claims for lack of a dispute and prima facie evidence, and held the employee's request for CR 11 sanctions as premature.

Legal Brief
The author preparing this brief is asked to defend against the banning of a book on the grounds that it is obscene and thus it should be barred from sale and distribution in the public sphere. The laws and standards surrounding obscenity are vague, subjective and impossible to reliably and consistently enforce in a manner that is even-handed and objective. As such, the banning of a book, movie or other piece of art or literature should not happen unless the case is clear-cut and without question. While obscenity laws are well-intentioned, at least most of the time, they don't pass muster unless wielded for very narrow and well-established reasons.

Per Miller v. California, there are three standards of obscenity that must be surpassed for a work to be banned with good conscience and all three of them can be quickly dismissed and in short order over the course of this…...

When neither elected to do so, however, there was a violation of the New York Penal Code, leading to the consideration of their guilt or innocence.
Implications Under Article 20 of New York Penal Law

While the condemnation of a victim is not a viable defense, the implications for Bluto and his obligations under Article 20 deserves exploration. Just as Duty of etreat applied to Popeye and Olive, it likewise applied to Bluto, as he had the opportunity, and indeed a legal obligation, to walk away from the dispute, and if he did so, the outcome would have been quite arguably different.

For everyone involved, the obligations of conduct under Article 20 are clear; simply put, the incident should never have been inflated to the point that it ultimately was.

Legal Precedence

Perhaps the most famous real life legal case in New York history was that of People v. Goetz, which involved the shooting…...

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References

State Of New York, Penal Articles 20 and 35. Penal Code of New York State.

Fletcher, G.P. (1998). Basic Concepts of Criminal Law. New York: Oxford University Press.

Law-Legal Briefs

Lbs Homework Sheet
Quinain v. Doe, 516140 App. Div., 3rd Dept (2013)

Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking?

The plaintiff are a group of people who developed a close relationship with George ossi and took possession of his parcel of land after his death.

What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?

The legal question to be answered is whether the plaintiffs legitimately took possession of the parcel of land subsequent to ossi's death or if the distant family members of ossi actually are entitled to possession of the land.

What is the court's reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations)

The decision had a couple of layers. First, both George ossi himself and his brother that died before him (Peter)…...

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References

FindLaw. (2014, September 24). QUINLAN v. DOE. Findlaw. Retrieved September 24, 2014,

from  http://caselaw.findlaw.com/ny-supreme-court/1636565.html 

FindLaw. (2014, September 24). POYCK v. BRYANT. FindLaw. Retrieved September 24,

2014, from  http://caselaw.findlaw.com/ny-civil-court/1186845.html

O'Neill v. Montefiore Hospital
Case Summary

The case of Mr. O'Neill and his widow's case against Montefiore Hospital is a fairly basic one but it poses a very relevant and pointed question. The question becomes where the line is drawn between the duty to provide care and when the patient is basically on their own despite any bad things that may happen. The decision on this case was a split decision, so this drives the point home even further that the details and duties in question in this case are far from being clear-cut and defined and this is in part based on what did happen, what did not happen, what allegedly happened and what allegedly did not happen (Leagle, 2015).

The gist of the case is that Mr. O'Neill was awake and rubbing his chest and arms due to having pain in both of those areas. His wife awoke and noticed this…...

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References

Leagle. (2015). O'NEILL v. MONTEFIORE HOSP. | Leagle.com. Leagle.com. Retrieved 26 May 2015, from  http://www.leagle.com/decision/196014311AD2d132 

/ O%27NEILL%20v.%20MONTEFIORE%20HOSP.

Legal Brief
McCurdy v. Arkansas State Police, 375 F. 3 762 (8th Cir. 2004)

Type of Action

The case covered in this legal brief was the case of an employee of the Arkansas State Police, that being McCurdy, filing an action against the State of Arkansas in the form of the Arkansas State Police, that being her employer. Ms. McCurdy was trying to hold the Arkansas State Police liable for the sexual harassment of her supervisor. The case in this legal brief was argued before the United States Eight Circuit Court of Appeals (Leagle, 2014).

Facts of the Case

Jamie McCurdy, while being an employee of the Arkansas State Police, was subjected to about an hour of sexual harassment. The harassment in question was explicitly banned and disallowed as a matter of policy with the Arkansas State Police. On the Friday in which the harassment occurred, Sergeant Hall (McCurdy's supervisor) asked her where her uniform…...

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References

IntroLaw. (2014, May 30). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Retrieved May 30, 2014, from  http://www.introlaw.com/ed/cs/8th/04/080704mc.html 

LawMemo. (2014, May 30). Employment Law Memo sample. Employment Law Memo sample. Retrieved May 30, 2014, from http://www.lawmemo.com/sample/e20040726.htm

Leagle. (2014, May 30). McCURDY v. ARKANSAS STATE POLICE | Leagle.com. McCURDY v. ARKANSAS STATE POLICE | Leagle.com. Retrieved May 30, 2014, from  http://www.leagle.com/decision/20031257275FSupp2d982_11161

This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization.
Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an objective piece of writing and has to follow a particular format. The chapter also provides a sample of such a memorandum. The notions presented in this chapter are completed in the subsequent chapter, which refers to writing a memorandum of points and authorities.

Finally, chapter 15 refers to how an opinion or client letter is written. The opinion letter is the formal way in which attorneys inform clients about certain legal aspects. As a formal instrument, such a letter has a…...

To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato (MN) women's shelter because (allegedly) they refused to fit into the sexually charged atmosphere created by a few staff members." (Lang, 1) the clarity of motives for their collective dismissal aligned the decision directly with Title VII.
Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim. Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…...

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Works Cited:

Jessica, S.N. (2008). at-Will Employment Dismissal Law. EHOW. Online at http://www.ehow.com/about_5272311_atwill-employment-dismissal-law.html

Lang, G. (1994). Women's Shelter Sex Harassment. Men's Voices Magazine. Online at www.menweb.org

Brown, NS. (1994). Sexual Harassment -- Fact v. Myth. Men's Voices Magazine. Online at .

This could be something like another computer picking up someone's credit card number during what was supposed to be a secure transaction, or an employee of a company giving out a person's confidential information over the phone to someone who is not authorized to receive it. However it happens, confidentiality breaches are serious, and must be addressed immediately so they do not happen again (Allen 2001).
Integrity of information assures that information can not be modified without such modification being detected. Most information management systems have some sort of protocol in place for protecting the integrity of information. The greatest danger to the integrity of information occurs when it is in transit from one computer to another. This is the perfect time for hackers to access the information and modify it without being detected. A secure information management system ensures that this is unlikely to happen and that any modifications…...

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References

Allen, Julia H. (2001). The CERT Guide to System and Network Security Practices. Boston, MA: Addison-Wesley.

Layton, Timothy P. (2007). Information Security: Design, Implementation, Measurement, and Compliance. Boca Raton, FL: Auerbach Publications.

McNab, Chris (2004). Network Security Assessment. Sebastopol, CA: O'Reilly.

Legal Book Review: The Buffalo Creek Disaster
The Buffalo Creek Disaster was one of the costliest preventable tragedies in the history of American coal-mining. An impoundment dam burst in a coal mining est Virginia town, precipitating a deadly flood that killed or injured more than a thousand people, and left many more residents homeless. The dam had been declared sound shortly before it burst by a federal inspector. The owner of the dam, the Pittston Coal Company initially only offered a very small settlement to the victims. "Over 125 people perished immediately. Most were women and children unable to struggle out from under the thick black water choked with crushed and splintered homes, cars, telephone poles, railroad tracks, and all manner of other debris. There were over 4,000 survivors, but their 1,000 homes were destroyed as well as most of their possessions" (Stern ix-x). Survivors of the incident experienced post-traumatic stress…...

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Work Cited

Stern, Gerald. The Buffalo Creek Disaster. Vintage, 1977.

Partnerships demand that all partners (both general and limited partners) be on the same page financially and within the scope of the business operations. They require shared a goal and vision for the entity, and a mutual understanding of each owner's role and the parameters for exerting control. Perpetual lines of communication must be available for all parties in response to changing dynamics and the occurrence of unforeseen events. This is particular relevant in the restaurant industry, where consumers have many choices and often make them based on little substance

. The restaurant industry is fraught with sudden changes, which can require added attention, effort and capital in a short period of time. Therefore, a thorough understanding of the roles of each owner, be they a general or limited partner, is essential to a properly functioning partnership.

Additionally, effective partnerships require regular meetings and reviews of all business operations, and a careful…...

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References

Astrachan, J. (2003). Family Business' Contribution to the U.S. Economy: A Closer

Look. Family Business Review, vol. 17:3. p 211-219. (Retrieved from google scholar. Keywords: sole, proprietorship, owner, entrepreneurship)

Auty, S. (1992). Consumer Choice and Segmentation in the Restaurant Industry. The Service Industries Journal. vol. 12 (3). p 324-339. Retrieved from informaworld.com (Keywords: restaurant, corporation, consumer)

Baysinger, B. & Butler, H. (1985). Corporate Governance and the Board of Directors:

Other safety measures would include using a matt or some sort of way to minimize the issue of falling or tripping during inclimate weather; and also keeping the aisles and store clean and neat so that there is little chance for accidents. Employees, too, should be encouraged to understand where the first-aid kit is located, procedures if a consumer is injured (911, etc.), and how to best protect themselves in the event of a robbery or altercation. The impact of all these will have two forms: it will increase expenses for the business and thus increase the amount the business must charge for the product -- part of the Cost of Goods Sold.

Sources:

Consumer Product Safety Act. (1972). Public Law 92-573. Retrieved from:

http://www.herc.org/library/cpsa.pdf

Ensuring Safety in the Workplace. (2011). Workforce Central. Retrieved from:

http://www.workforcecentralflorida.com/employer/employer-research-resource-center/hr-tips-strategies/management/ensuring-safety-in-the-workplace.stml

Part 2 -- Business Plan Response:

Overview: The demand for affordable designer clothing has increased in recent years. With e-commerce now…...