Legal Memorandum
Clara and Charles are seeking to file a lawsuit against the former fiance of Clara, Derek, to whom they accuse of breaching the marriage contract before the execution of the agreement. According to Clara, she and her father Clark have suffered from serious financial and emotional damages because of the ignorant and irresponsible attitude of Derek. Clara claims that she has extensively spent money for the preparation of their wedding and was emotionally involved in the whole business. However, the act of deceit by Derek has not only brought her to damages through financial as well as emotional means but she has suffered from humiliation and embarrassment within her social circle and the sole responsibility of this degradation is on Derek. In addition to this, there is another party who has similar charges against Derek, Clara's father Charles.

Charles accuses Derek of bringing financial losses to him and deceiving him…...

(b) A peace officer is justified in using deadly physical force upon another person when and to the extent that he reasonably believes it necessary in order:

(1) To make an arrest for a felony or to prevent the escape from custody of a person arrested for a felony, unless the officer knows that the arrest is unauthorized; or (2) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.

This issue as to whether a police officer is entitled to a special defense regarding law enforcement officers is questionable. Since the Defendant was leaving his home to going to work and was late, it could be said that he was still off-duty. The defense section of the code states that a police officer is only entitled to use physical force in conjunction with carrying out his duties as…...

The adverse effect on the employee must be subjective, as well as objective. Not only must the employee suffer from the harassment, but it is also required that a reasonable person in the shoes of the employee would likely have suffered from such conduct." Id. At 84. hile the Dupont case involved a sustained, systematic history of abusive behavior, the Court also found that if the behavior was extreme enough, a finding of a hostile work environment was justified. In the case of ABC, the company should anticipate that Matthew's quid pro quo demand of Jane will be seen as severe conduct, even without other instances of harassing behavior towards females.
The final element requires a basis for holding the employer liable. Similar to the federal standard created by Faragher, Dupont requires that an employer fail to take prompt and adequate remedial measures, after receiving actual notice or constructive notice…...

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Works Cited

Castleberry v. Chadbourne. 810 So. 2d 1028. Florida 1st DCA. 2002. Print.

Speedway Superamerica. LLC, v. Dupont. 933 So.2d 75. Florida 5th DCA. 2006. Print.

Faragher v. City of Boca Raton. 524 U.S. 775, 118 S.Ct. 2275. U.S. Supreme Court. 1998. Print.

Harris v. L & L. Wings, Inc. 132 F.3d 978. U.S. Court of Appeals, 4th Circuit. 1997. Print.

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…...

Memorandum In Brief
It is important to note, from the onset, that there are many commercial benefits that our company could reap by expanding internationally. Thus, the expansion into Mexico is not only timely, but also well considered. However, in engaging in the said expansion, the company ought to be aware of the pertinent aspects of both the U.S. and Mexican law. It is with this in mind that this memo highlights the most likely compliance issues or concerns in as far as the various aspects of law and ethics specific to Mexico are concerned.
Pertinent Aspects of U.S. Law
There are a number of laws and certain legal provisions specific to our expansion into Mexico. Key amongst these include, but they are not limited to; USMCA (which replaced NAFTA a month ago), Customs and Border Protection (CBP) laws, and laws relating to engagement in corrupt practices and money laundering.
For a long time, 26…...

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References

Deloitte (2019). 1.0 Investment Climate. Retrieved from  

Department of Justice (2020). Foreign Corrupt Practices Act. Retrieved from  https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act 

Gomez, O.D. (2018). Labour and Employment Compliance in Mexico. New York, NY: Wolters Kluwer.

Graycar, A. (2020). Handbook on Corruption, Ethics and Integrity in Public Administration. Northampton, MA: Edward Elgar Publishing.

Human Rights Watch (2020). Mexico Events of 2019. Retrieved from  https://www.hrw.org/world-report/2020/country-chapters/mexico 

Stuart, O. (2018). How Will the Shift from NAFTA to USMCA Affect the Auto Industry? Retrieved from  https://www.industryweek.com/the-economy/article/22026500/how-will-the-shift-from-nafta-to-usmca-affect-the-auto-industry 

U.S. Equal Employment Opportunity Commission – EEOC (2020). Employee Rights When Working for Multinational Employers. Retrieved from https://www.eeoc.gov/laws/guidance/employee-rights-when-working-multinational-employers

U.S. Department of State (2019). U.S. Relations with Mexico. Retrieved from  https://www.state.gov/u-s-relations-with-mexico/https://www2.deloitte.com/content/dam/Deloitte/cn/Documents/international-business-support/deloitte-cn-csg-a-guide-to-investing-in-mexico-2019-en-190428.pdf 

Fictitious
Governor's Office

This memorandum is an analysis of the P&E issues raised by proposed legislative changes regarding criminal sexual behavior, as well as so-called "vices" and other related conduct. The purpose of this analysis is to define a coherent set of public policy objectives characterizing all legislative changes supported by the Fictitious State Governor's Office.

Upgrading penal classification of Solicitation/Prostitution misdemeanors and increasing sentences and fines associated with all Solicitation/Prostitution felonies.

This committee does not recommend enacting any of the proposed penal upgrades across the board as set forth. We recommend re-evaluating current "vice" policy regarding violations of existing

Solicitation/Prostitution statutes in order that funds for law enforcement and prosecution efforts be redirected and channeled more specifically toward violations that most affect "quality of life" issues for lawful citizens of Fictitious State.

Analysis:

Both anecdotal evidence and documented statistical information available from the seventeen counties in Nevada where prostitution is legal suggest that it is essentially…...

Legal Memoranda
Statement of Facts

The prospective plaintiff wrote a novel a year ago on her home computer. She then distributed 100 copies to acquaintances and agents, but without a copyright notice attached. Yesterday she discovered a recently published novel that appeared to have plagiarized her work and is considering a lawsuit.

For a writing to be eligible for copyright protection the work must be original, which the courts and the U.S. Copyright Office have interpreted to mean an independent work that did not rely on the work of others to create. For example, students who complete an essay exam own the copyright to their answer if the work is original. Copyright protection is in effect as soon as the page is inked or the keystrokes captured by the software program. Based on the facts of this case the plaintiff wrote a novel and the work is therefore assumed to be original.

The idea…...

It should also be pointed out that the Defendant, Mr. Taylor, warned the Plaintiff to not play with the dog and that Ms. Buffet openly admits that this is the case. The warning itself will not affect the issue of liability but it will impact on the measure of damages. As Ms. Buffet made no effort to play with the dog or otherwise interact with him the issue of the warning should have little impact on the case but it is something that must be considered.
II. Doctrine of Comparative Negligence Will Mitigate Damages

Assuming arguendo that the Plaintiff can prove negligence by the Defendant she must overcome the tenets of the Comparative Negligence doctrine.

As Florida follows pure comparative negligence she might still be able to recover damages but they would be diminished by how the contribution of fault is measured by the jury. For example, if the jury were to…...

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Hoffman v. Jones, 280 So.2d 287 (Fla. 1977)

Bessett v. Hackett, 66 So. 2d 694 (Fla. 1953)

Restatement of Torts (Second) §463

Prenegotiation Memorandum (pm)
Negotiation Team

Re: Tamarack, MN and Twin Lakes Mining Company

Position Structure

Twin Lakes Mining Company

The Twin Lakes Mining Company (hereafter known as 'company') makes significant contribution to Tamarack, Minnesota - employing 21% of the residents, providing 33% of the total real estate tax base - and is considered an integral entity to the town's longevity. The city needs Twin Lakes to maintain the current standard of living the residents enjoy.

The City of Tamarack

The city operates on a zero deficit per annum decree. Twin Lakes Mining Company has directly caused some of the need for improvements concerning water quality, air quality, and effluvia and pollution management. The city also relies upon the heavy property taxation to provide economic, culture, and recreation services to the community. Twin Lakes Mining Company does not need the City of Tamarack (hereafter known as 'city') to continue operations in other locations and as a corporate entity.

Negotiation…...

Criminal Justice
INTEROFFICE MEMORANDUM

Supervising Attorney

Paralegal

John Ebersol

Determine whether Mr. Ebersol was guilty of shoplifting. If Mr. Ebersol was guilty of shoplifting, determine what he can expect his punishment to be.

FACTS:

Mr. Ebersol purchased a flathead screwdriver from the hardware store on Saturday, but purchased a Phillips head screwdriver by mistake. Mr. Ebersol returned to the store with the intention of purchasing screws for his new screwdriver. When he discovered that the hardware store was out of flathead screws, Mr. Ebersol left the flathead screwdriver on the counter and left the store with a Phillips head screwdriver in his pocket. Mr. Ebersol was detained, interrogated for 2 1/2 hours, and released with shoplifting charges against him.

ISSUES:

(1) Is Mr. Ebersol guilty of shoplifting?

(2) If Mr. Ebersol is guilty of shoplifting, what can his expected punishment be?

BRIEF ANSWERS:

(1) Mr. Ebersol is not guilty of shoplifting.

(2) If found guilty of shoplifting, Mr. Ebersol can expect to serve…...

Tax Memo
Tax esearch Memorandum

Lauren Smith

From: Tax Accountant, CPA

You incurred $15,000 of educational expenses over the past year in pursuit of your MBA, part of your professional development as a practicing egistered Nurse and nursing administrator. Your employer does not offer an educational expense reimbursement program, and you wish to claim these educational expenses as business expenses in order to claim greater tax deductions. You have worked in numerous administrative positions in your capacity as a nurse, and feel that the pursuit of an MBA was a clear part of your career development.

The only issue is whether or not the education you received at the expense of $15,000 can be deemed work-related education as defined and applied by the IS, which recognizes such expenses as business expenses for employees. If the education can be deemed work-related according to IS rules and definitions, the deduction of the educational expenses as a business…...

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References

IRS. (2011). Tax Benefits for Work-Related Education. Accessed 25 March 2012.

 http://www.irs.gov/publications/p17/ch27.html#en_US_2011_publink1000173988 

Tax Court. (2009). T.C. Summary Opinion 2009-182. Accessed 25 March 2012.

 http://www.ustaxcourt.gov/InOpHistoric/singleton-clarke.sum.WPD.pdf

Interoffice Memorandum of Law
Case: Joe Lee Simmons, Appellant v. State of Texas, Appellee

Docket number: 01-07-00543-C

Office file number

e: Issue [1] was there evidence of possession of cocaine weighing four or more grams but less than 200 grams given the evidentiary requirements of TEX. CODE CIM. POC. § 38.35(d)(1); [2] the validity of a motion to suppress based on the officer's failure to report all offenses committed in his jurisdiction to the magistrate, as required by TEX. CODE CIM. POC. § 2.13(b)(3); and [3] the sufficiency of an indictment under TEX. CODE CIM. POC. § 28.10.

Facts:

The appellant contends that the trial court erred in admitting the testimony of the State's forensic chemist, who performed a chemical analysis on the controlled substance found in appellant's shirt pocket, because the chemical analysis was not accredited at the time of the analysis; appellant challenges the trial court's denial of his motion to suppress because the…...

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Reference:

TEX. JUR. 3d § 23 Sufficiency of Indictment (2006).

It is the appellant's responsibility to show error on appeal, and if the record fails to show error, then it should be assumed that the trial court acted correctly.

"It is generally presumed on appeal that the court ruled correctly and that the appellant must show error" (Hall v. State, 829 S.W. 2d 407, 410-411).

"It is appellant's burden to not only preserve the alleged error for review, but to present a record of the alleged error sufficient for us to review it and determine if it was error and if so whether the defendant was harmed" (Montoya v. State, 43 S.W.3d 568, 572).

Although Cad Mex Pharma has its patent rights reserved under protection act of Trade elated International Property ights (TIPs) for 20 years ("Agreement on Trade-elated Aspects of Intellectual Property ights") but TIPs also allow government to enforce compulsory licensing under health emergency (World Trade Organization: "Compulsory Licensing of Pharmace"). Now choice of law humbug anything against Candorean government and the TIPs health emergency clause will affix more political pressure on Cad Mex Pharma. So if Cad Mex Pharma takes legal action that could result into Gentura's bankruptcy via employing binding arbitrator and otherwise Cad Mex Pharma can take no legal action and demand marketing rights in another drug. Former option is not recommended as it leads to loose- loose situation and relations with Candorean government would be blemished and as per latter option unwillingness has been witness from Gentura side (Graham Matthew, Sep 2005). Leaving behind only option of claiming…...

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Reference:

1-Agreement on Trade-Related Aspects of Intellectual Property Rights: Article 14, para 5.  http://www.wto.org/English/docs_e/legal_e/27-trips.pdf 

2- S. Mithra: Binding Arbitratory.  http://www.wisegeek.com/what-is-binding-arbitration.htm 

3- Intellectual property (TRIPs) - Compulsory Licensing of Pharmace: World Trade Organization

 http://www.wto.org/English/tratop_e/trips_e/public_health_faq_e.htm

This is a reasonable element of consideration to be pointed out, because many of the people holding public office and performing public service in the District of Columbia are lawyers, who have varying and extensive careers in law. By reason of this, they do reasonably come together and throughout the course of their legal education and careers become friends and, or, acquaintances. They are often, by virtue of their profession and by virtue of the affluence that often accompanies the rise to power, found to be in the same social circles in support of charity, or in the pursuit of continuing legal education, areas of interest, and, yes, recreationally too.

To abandon these relationships because one has been appointed to a particular office is an unreasonable request, and a practice that would actually cause the relationship to receive an unnecessarily amount of scrutiny. Nor is it any secret, as Justice calia…...

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So while the case study contains both elements that Justice Scalia cites as being elements for recusal, the recusal of both Justices Smith and Jones leaves intact the integrity of the intended majority in the decision making process.

The two elements, as Justice Scalia cited them, specifically and unquestionably apply to the case study as elements in support of recusal. The case study specifically meets not just the first, and probably more obscure of the two criteria, but specifically and wholly the second criteria because the action of appealing the NY Court of Appeals decision is in fact an action by, taken by, the incumbent whose relationship with both Justices meet the first element.

The conditions of the case study are much like those in the case in which Justice Scalia did in fact recuse himself. See Elk Grove Unified School District v. Newdow, 540 U.S. _ (cert. granted, Oct. 14, 2003) (p. 4).

H epresentative Memorandum / Twitter: H Memorandum
From: Mr. Brown

e.: Addressing Emotions in the Workplace Culture at Twitter

I wish to make a number of suggestions in connection with handling emotions at the workplace, which, in my view, we must be aware of. One of my biggest concerns is the way we have dealt with the latest situation involving one of our employees, Aria Perkins. Unless I haven't gotten to know of any additional documentation or information with this regard, my chief issue is with Perkins' supervisor, by whom she was warned against expressing any sort of negative emotion, whether nonverbally or verbally. I feel a grievous mistake has been committed here, which needs urgent remediation. This directive hasn't been given to any other staff member, as far as I know, and may be regarded as a case of incongruous, unequal treatment. The employee in question may consider this directive to be…...

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References

HG Experts. (2015). The Employment Discrimination Law. Retrieved from   on 2nd January, 2015.http://www.hg.org/employment-discrimination-law.html 

Liptak, A. (2011). Justices Rule for Wal-Mart. The New York Times. Retrieved from   on 2nd January, 2015.http://mobile.nytimes.com/2011/06/21/business/21bizcourt.html?referer= 

Nolo. (2015). The Equal Pay Act: Equal Pay for Women. Retrieved from   on 2nd January, 2015.http://www.nolo.com/legal-encyclopedia/equal-pay-act-women-30153.html 

Price, R. (2015). A Former Twitter Employee Is Suing the Company for Gender Discrimination. Retrieved from   on 2nd January, 2015.http://www.inc.com/business-insider/twitter-is-suing-the-company-over-gender-discrimination-allegations.html