This paper is about the INJUSTICE during the time of the Murder of Emmett Till, The Letter from Birmingham Jail, and the KKK. The word Injustice and all the
topics of the three documents must be used in the thesis statement.
-Please use Simple and Direct Sentences, with High vocabulary. Preferably the subject at the beginning part of most of the Sentences.
-Use the standard formant, A intro, 3 body paragraphs( 1 for each topic, "Murder of Emmett Till, The letter from a Birmingham Jail, and the KKK) and a Conclusion.
-they all have to share the same idea of injustice.
Models of Primary Care
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EmploymentContract Compliant under Title VII Order Instructions: discussing the following hypothetical: John is one of the best parcel delivery employees where you are the direct employer of John.
Employment Contract Compliant under Title VII
Under his employment contract, it is John’s duty to deliver packages on the east side of town on Mondays, Wednesdays, and Fridays. John, who has never been a religious person suddenly becomes devoutly religious and joins a highly respected religious group.
John notifies you suddenly that it is against his religion to deliver packages on the east side of town on Mondays, Wednesdays, and Fridays and therefore would be unable to do so. John then proceeds to notify you that his religious objection is protected under Title VII, The Civil Rights Act of 1964.
You also realize that if John refuses to discharge is his employment duties on the grounds that it violates his religious beliefs that it would cause an undue hardship for the company and risk losing some very valuable accounts.
As the company owner, what actions would you take in order to be sure that you are compliant under Title VII, The Civil Rights Act of 1964, yet ensure that packages are delivered on the side of town on Mondays, Wednesdays, and Fridays? Discuss.
Be sure that you present a thorough analysis discussing the rights of the employee and employer under Title VII, The Civil Rights Act of 1964. Whatever your position on the hypothetical; be sure that you support your thoughts and ideas with adequate research as evidenced by in-text citation in accordance with APA standards.
Employment Contract Compliant under Title VII Sample Answer
Compliant under Title VII
Under Title VII of the Civil Rights Act, a worker who has religious restrictions which prevent that worker from carrying out particular tasks at the workplace can request religious accommodation from her/his employer. Even so, the request for religious accommodation has to be reasonable (Houseman, 2011). An undue hardship allows employers to avoid providing their employees with religious accommodations. In this paper, the actions that I would take as the employer so as to ensure that the firm remains compliant under Title VII of the Civil Rights Act of 1964 is described exhaustively.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 basically makes illegal employment discrimination on grounds of national origin, gender, religion, color or race. It is a federal law that applies to all employers who have a workforce of at least fifteen workers and includes local, state as well as federal governments. This law also applies to public and private universities and colleges, employers, labor organizations, and even employment agencies (Froiland, 2013). It is worth mentioning that this law disallows discrimination in any respect of employment, which includes the following: testing; job advertisements; firing and hiring; fringe benefits; transfer, layoff, recall or promotion; training and apprenticeship programs; compensation, classification or assignment of employees; use of company facilities; as well as pay, disability leave and retirement plans. In essence, Title VII does not just disallow deliberate discrimination, it also prohibits unbiased job policies which disproportionately affect individuals of a particular color, ethnicity or race, and which do not relate to the job as well as the business needs (Bennet-Alexander & Hartman, 2012). It is important that an employer adopts best practices in order to minimize the chances of discrimination.
Under Title VII, every aspect of religious observance, belief, and practice is protected. Title VII defines religion in a very broad manner. As per this law, religion comprises not just organized and traditional religions like Buddhism, Hinduism, Islam, Judaism, and Christianity, but also religious beliefs which are uncommon, new, not subscribed to by many people, not part of a formal faction or church, or which appear unreasonable or illogical to other people. The practice and belief of an employee could be considered religious according to this law even if that worker is affiliated with a religious grouping which does not really recognize or espouse that employee’s practice or belief (Bennet-Alexander & Hartman, 2012).
Religious beliefs, as per the Equal Employment Opportunity Commission, includes theistic beliefs – that is, beliefs which include believing in God – in addition to non-theistic ethical or moral convictions regarding wrong and right which are genuinely held with the strength of established religious viewpoints (United States Department of Labour, 2016). Title VII protects job applicants or staff members from discrimination based on religion if the applicant/employee is an atheist and/or does not subscribe to a certain religious viewpoint. It is notable that religious discrimination could also entail treating a person in a different way for the reason that this individual is associated with or married to a person of a certain religion or due to that person’s connection with a particular religious group or organization (Houseman, 2011). A worker cannot be forced by his or her employer as a condition of employment not to take part or to take part in a religious activity (United States Department of Labour, 2016).
Upon notification of a request, Title VII demands organizations to reasonably accommodate their staff members whose genuinely held beliefs, observances or practices are actually in conflict with work requirements unless this religious accommodation would bring about an undue hardship (United States Department of Labour, 2016). In particular, Section 701(j) of Title VII disallows employers to fail to reasonably accommodate a worker or a prospective worker’s religious practices, except if the employer clearly shows that the religious accommodation would bring about undue hardship on the conduct of the employer’s business. Section 1605.2 of Title VII is mainly directed to obligations of labor organizations or employers – entities which are covered by Title VII (United States Department of Labour, 2016).
Religious accommodation is understood as a change to the working environment which would enable a job applicant or a staff member to practice his/her religion. Froiland (2013) pointed out that the need for accommodation arises where a person’s religious practices, observances, or beliefs conflict with an application process, a particular job, or requirement of the job post. Requests for religious accommodation usually pertain to religious expression in the place of work, work schedules, or grooming and dress. If the religious accommodation will not pose an undue hardship, then the employer will have to grant the religious accommodation (United States Department of Labour, 2016). This means that the employer cannot grant religious accommodation if it actually posses undue hardship; hence John cannot be granted religious accommodation.
Terminate the employee’s contract – simply fire John
Title VII protects an employee against employment discrimination because of the employee’s religion. Bennet-Alexander and Hartman (2012) reported that if an employee cannot work on a particular day due to his or her religious values, then the employer under Title VII has to make an effort – although the employer need not go to great expense – to accommodate the religious need of the employee instead of simply dismiss him/her. However, if the employer will have to go to great expense in order to accommodate the employee’s religious need as in the case of John, the employee can instead just fire that employee. As per his contract with the company, John is required to deliver packages on Fridays, Wednesdays, and Mondays on the east side of town. Due to his religious beliefs, however, he declines to carry out his parcel delivery task as this would infringe his religious beliefs. However, John’s failure to carry out his employment duties on Fridays, Wednesdays, and Mondays would cause an undue hardship for the business organization, and the business actually risks losing a number of extremely vital accounts. Thus the employer can fire John and hire another employee who would be able to deliver parcels on Fridays, Wednesdays, and Mondays on the east side of town.
In essence, undue hardship allows employers to avoid religious accommodations. A religious accommodation might bring about undue hardship if that religious accommodation compromises safety in the place of work, it is costly, it reduces efficiency in the place of work, violates other employees’ rights, or necessitates other workers in the company to do more than their share of possibly burdensome or hazardous work (United States Department of Labour, 2016). In addition, Bennet-Alexander and Hartman (2012) pointed out that undue hardship could be demonstrated if the religious accommodation request is in violation of job rights or a collective bargaining agreement terms created through a seniority system. It is worth mentioning that undue cost basing upon cost requires that the business organization actually show more than a de minimis – that is, negligible impact on the business of the employer – cost to the employer (United States Department of Labour, 2016).
The hardship on the business organization has to be real and should not be just speculative. Therefore, the most appropriate solution in this situation is for the employer to terminate the contract of John and hire another employee who can deliver packages on Fridays, Wednesdays, and Mondays on the east side of town. On the whole, Title VII does not allow any employer to discriminate against its staff member because of the employee’s religion unless that employer cannot reasonably accommodate the religious exercises of that particular worker without undue hardship to the employer’s business. An employer is not required under Title VII to provide religious accommodation to a staff member if this religious accommodation would impose more than the de minimis cost on the company (United States Department of Labour, 2016). Since providing religious accommodation to John would result in undue cost on the company, he would not be provided with this religious accommodation. Instead, he would be terminated.
John can file a complaint with the Equal Employment Opportunity Commission and the possible religious accommodations which would be proposed by the Equal Employment Opportunity Commission include the following: (i) transfer John to a different position; (ii) the company to create a group of substitute parcel truck drivers; and (iii) the company to excuse John from work on Fridays, Wednesdays, and Mondays and hire hourly contract parcel drivers in the place of John (United States Equal Employment Opportunity Commission, 2016). Even so, the first proposed religious accommodation is declined since it is assumed that the company reasonably believes that John would reject such a position. Moreover, the second and third possible religious accommodations are rejected as they would lead to an undue hardship on the business of the company. The company can establish an undue hardship by presenting actual dollar amounts as well as exact examples of the significant, negative impact of the proposed accommodation (the United States Equal Employment Opportunity Commission, 2016).
The first proposal is unreasonable given that it is assumed in this hypothetical situation that it is very likely that John would have refused to accept transfer to another job position at the company, for instance, the job position as a general equipment operator: the employer is not required to provide John a religious accommodation which, basing on John’s action, the employer reasonably believes that John would refuse this position. The second proposal is unreasonable primarily because if the employer excuses John from Fridays, Wednesdays, and Mondays work, then the employer would not have had the tasks done at all, have had to make other workers at the company carry out John’s work, or hire independent contractors. For this reason, excusing John from work on Fridays, Wednesdays and Mondays would, without doubt, impose more than a de minimis cost on the employer, which would lead to an undue hardship on the conduct of the employer’s business (the United States Equal Employment Opportunity Commission, 2016). It is notable that providing religious accommodation to John in this situation would bring about undue hardship to the employer since the religious accommodation would necessitate other workers in the company to do more than their share of possibly burdensome work, which entails delivering parcels on Fridays, Wednesdays, and Mondays on the east side of town.
The third proposal is also unreasonable. This is mainly because if the employer created a pool of substitute delivery truck drivers that can effectively fill-in for John on Fridays, Wednesdays, and Mondays as needed, then the employer would have had to incur costs of providing training to the substitute drivers to drive parcel trucks as well as the expenditure of adding those new truck drivers to its liability insurance policies. Consequently, this third proposal would have imposed on the employer more than a de minimis cost and undue hardship.
In essence, after a worker has notified his or her employer of his/her need for religious accommodation at the workplace in the company, the employer under Title VII has the obligation of reasonably accommodating the religious practices of that particular employee. The employer’s refusal to accommodate the employee’s religious practices is only justified if that employer proves that an undue hardship would actually be brought about by every possible alternative means of religious accommodation (United States Department of Labour, 2016). In this case, which involves John the parcel truck driver, it has been demonstrated by the employer – who is me in this case – that an undue hardship would truly stem from every possible alternative method of religious accommodation. As such, the best solution is to terminate him and employ another worker to perform John’s employment duties.
Employment Contract Compliant under Title VII Conclusion
In sum, the employer is not required under Title VII to accommodate John’s requests, which include requests for the employee to be excused from work on some days to exercise his/her religious practices, observances or beliefs, which would impose more than de minimis costs on the conduct of the employer’s organization. Since undue hardship would actually stem from every possible alternative method of religious accommodation in this situation, firing John and replacing him with a worker who can properly perform his employment duties is the most suitable solution. Even though this case involving John sheds light on the fact that there are times when it might be appropriate for an employer to reject a worker’s proposed request for religious accommodation, it is important that an employer takes care when assessing any such accommodation requests in order to establish if there is really a reasonable accommodation. Title VII places a significant burden on the employer to reasonable accommodation basing upon the employee’s religion.
Employment Contract Compliant under Title VII References
Bennet-Alexander, D. D., & Hartman, L. P. (2012). Employment law for business (6th ed). New York, NY: McGraw-Hill/Irwin.
Froiland, D. J. B. (2013). A “de minimus” cost can be enough to defeat a religious accommodation claim. Cleveland, OH: Prentice Hall.
Houseman, S. N. (2011). Flexible staffing arrangements: Anti-discrimination laws. The United States Department of Labour.
Importance of Law and its Role in Business Order Instructions: Write a paper discussing the importance of law and its role in the business environment.
Importance of Law and its Role in Business
This paper is to be general in nature and should address each major category of law covered in the course. You may focus your attention on either civil law, criminal law, or both. Further, attention should also be given to ethical theory and its role in the formation of American jurisprudence.
Importance of Law and its Role in Business Sample Answer
Law in Business
The law is a set of regulations that are meant to streamline human activities in society to maintain peace and order. These regulations are outlined by the governing body in a certain area to control the activities carried out by people who live and work in the area. Without it, there would be no way to determine who is at fault during conflicts that emerge in the day to day lives. The rule of law is essential in the business environment to determine the terms and conditions that business people should adhere to when establishing or conduct business (Carroll & Buchholtz, 2014). It is important for the government or the governing body to put forward certain regulations that dictate the kind of business people conduct and hope they conduct these businesses.
Role of Law in Business
The rule of law plays major roles in the business field such as protecting employees and customers from being duped. The governing body provides the specifications for which businesses are legal and those that are illegal. As such, this protects employees from being deceived to participate in illegal businesses such as the production of illegal goods and services (Ebert, & Griffin, 2015). The regulations give light to people searching for jobs to avoid deception by people who deal with illegal activities. Apart from employees, the regulations state the standards of quality for any service or product given by entrepreneurs. This move protects customers from consuming substandard goods and services. By so doing the customers get the quality of goods they deserve for their money. As such these prevent accidents and other forms malfunctions hence saving customers a lot of money for replacements and the effects of emanating from the use of low-quality products in their homes (Ebert, & Griffin, 2015).
Apart from deception, the regulations protect consumers from exploitation by business dealers. Goods and service providers have the tendency of exaggerating prices or their goods and services. As such, the laws provide the limits of prices for their products to avoid the customers having to pay more than is appropriate (Ebert, & Griffin, 2015). For instance, the government’s regulation of interest rates offered by money lender is crucial. The regulations give a limit to this moneylender such that they do not cross ascertain the value and hence no overexploitation for consumers.
The role played by laws in business is protecting business owners from having the patents of their businesses copied by competitors or fraudsters. Patent ownership gives businesses the originality, credibility, and hence attracting customer loyalty (K Woodside et al., 2012). It is, therefore, crucial to have laws to govern theft of ideas and technology software to allow people to protect their innovations and benefit from them. This, therefore, means that entrepreneurs can have original products and hence no counterfeits. The main benefit for this form of protection is to avoid competitors from tarnishing the names of original brands by producing counterfeits of the same products. As such, these regulations prevent unfair and unhealthy competition. Therefore, entrepreneurs can become innovative without worrying about being copied by their competitors.
There also exist locational laws that dictate the kind of businesses that exist in different areas. These laws give guidelines on where to run which kind of business. This is because some businesses would be a hindrance to human survival and should therefore not be operated where many people exist. For instance, in many countries including the United States, there are laws that prohibit the establishment of factories in the middle of towns or cities (Hill, Cronk & Wickramasekera, 2013). Apart from the noise that emanates from factories, there are also gasses which are life-threatening, and therefore certain factories cannot operate where there are large numbers of residents. The location laws also regulate the kind of billboards and other advisements are placed. These regulations prevent entrepreneurs from marketing their products any way they like. Marketers are therefore supposed to put up their advertisements as well as the billboards.
Licensing laws are put forward to make sure that operators are recognized by the government and that hey abide with other laws and regulations. Entrepreneurs are therefore supposed to register their businesses to collect licenses that are required by authorities. It is, therefore, illegal for a person to run a business without a license. The licenses make it easy for law enforcers to evaluate and assess businesses to make sure that all other conditions set for setting up a business a business have been met (Hill, Cronk, & Wickramasekera, 2013). Entrepreneurs should, therefore, ensure that their business has licenses to avoid closure or being dissolved
Environment laws are also another set of business regulations that play a crucial role in the business community. They dictate how businesses are supposed to take care of the environment by proper disposal of wastewater (World Bank Group, 2013). Apart from that, businesses are also supposed to control the noise that comes from their operations to make the environment conducive for human habitation. As such, it is illegals for entrepreneurs to dispose of their wastes in a manner that poses a risk to the survival of humans. People are also required to get rid of their waste at the required places and in the right manner. Additionally, these business laws also contain recycling of recyclable materials to reduce wastage. For instance, most factories are required to treat their wastewater before realizing into water bodies. As such if the water can be recycled, there exist laws that outline the procedure to save some resources. Apart from water factories whose production procedures involve emission of hazardous gasses are required t treat this gasses before they rich the air.
Importance of Laws in Business
A lot of benefits come with having laws in the business environment. For instance, business laws and regulations help to solve conflicts within an organization. They are therefore important in deciding who is at fault and therefore conflicts can be solved amicably. For instance, without laws to regulate the modes and manner of payments, business owners would be a better position to exploit their employees and pay them to minute salaries (K Woodside et al., 2012). In addition, the laws are important in protecting the rights of employees concerning their overtime payments benefits as well other inclusions which employers find difficult to accord to their employees. The laws, therefore, provide the payment guidelines and therefore ensure that employees are fully compensated for their services.
Business laws are also important because they regulate the level of competition and modes of competition. The regulations outline the range in prices for competing businesses to allow healthy competitions without some individuals lowering prices too much to get others out of the market. Due to the lack of other competition options, the entrepreneurs are forced to upgrade their products to beat the competition. As such there ends up with good quality products in the market and hence consumers benefit from this competition. The government through these regulations also prevents companies from forming mergers and therefore promotes competition within the industry. Also, some regulations dictate divisional structures within a firm to allow specialization and hence good quality products.
Laws are also important because they enhance revenue collection in the form of taxes by the government. The laws that require entrepreneurs to file their returns with tax collection agencies, ensure that businesses pay their taxes by the taxation act (Haidar, 2012). The revenue collected is important because the government uses for development projects to provide better services to its people. Were it not for the taxation and registration laws it would be difficult to assess who have not paid their taxes and hence the revenue would not be available. As such, these laws help the government to provide better services for the people.
Finally, laws are important in maintaining a clean environment as well as the provision of healthy products. These apply specifically to businesses dealing with food and drinks such as hotels and other food vendors (Itagawa, 2015). Since the law requires them to have health permits, the laws prevent the spread of communicable diseases and food poisoning. As well, food vendors are required to practice a high level of hygiene to prevent the spread of this disease such as cholera. It is apparent that anyone looking to establish a business should be very careful in meeting all the laws and regulations to avoid closure or devolvement of their businesses. Ethical Theory and Jurisprudence
Ethical theories outline the moral dilemmas that are people face in their daily activities and hope these dilemmas can be resolved using the particular ethical theory. As such, there are several ethical theories including deontology utilitarianism among others. Jurisprudence, on the other hand, is the comprehensive study of law that tries to unearth a deeper meaning of the law. As such, ethical theories have played an important role in the formation of this theory of law. Ethical theories provide the basis for the formation of the theory of law also called jurisprudence (Luban, 2015).
To understand the role of ethical theory in jurisprudence formation, there need to be several normative questions whose answers have to sort out to get the best and most satisfying meaning of the law. These queries are based on philosophical normative ethics that aid in justification of what should value instead of focusing on what people should do. Normative principles are objective and should be seen as such to understand the difference between morals and responsibilities. Ethical approaches have been portrayed as critiques of legal norms through jurisprudence. Ethical theories can be used to support or oppose the natural law of jurisprudence (Luban, 2015). They are therefore crucial in the explanation of normative ethics that form the basis of jurisprudence.
Deontological theory suggests that individuals must observe their rule responsibilities and liabilities when dealing with a moral dilemma. This, therefore, means taking responsibilities for and fulfilling their responsibility to the community and society is what is considered ethically right. Deontologists follow a set of rules and obligations that are considered to be by the jurisprudence. This theory has contributed much to the formation of jurisprudence because the obligations outlined in this theory are considered lawfully correct (Smith, 2013). For instance, the theories state that parents have an obligation to their children. This obligation is the basis of the children’s protection act, which dictates that children must be given their rights by the government and parents. However, deontology has some drawbacks which if included in the rule of law would lead to conflicts. As such, these sections were left out in the formation of the jurisdiction (Smith, 2013).
Utilitarianism is another ethical theory which that a role in jurisprudence as it outlines the ability to foretell the penalties of an act. It is therefore considered ethically right when and the individual chooses an act that bears the most costly consequences to a large group of people (Knapp, 2013). As such, this-this theory gives an insight into a person to take the choice that will benefit majority people. Since it provides a chance for individuals to explain the rationale for their choice of action, there is a logical argument for the actions that people take. The role of this theory is that it forms the basis for fairness in the theory of law. In jurisprudence, people are given a chance to give an explanation for their actions before they answer and deal with the consequences of their actions. As such, the theory forms the basis for a fair trial and legal representation (Knapp, 2013).
Rights ethical theory outlines that the human rights dictated by s certain governing body or society are supposed to be given the priority. This right is therefore seen as morally upright and should, therefore, be honored and accorded to everyone within the society under which they are outlined. It is, therefore, the obligation of the society to uphold the kind of rights they feel most valuable to the residents (Knapp, 2013). This theory has formed the basis of many rights upheld in the constitution of the United States. These rights are meant to protect the people in the country for survival and maintenance of peace and order. This, therefore, means that equality to the provisions of rights and freedoms is based on this theory. Denying people their rights is considered unacceptable and is punishable and just like in the jurisdiction (Knapp, 2013). Societies are required to outline clearly the rights that have been upheld to enable citizens to understand their obligations and what the government should provide for them.
Casuist is an ethical theory that gives individuals the chance to compare different ethical dilemma. As such, one can tell how severe the consequences of the decisions made during the dilemma are. This is because by looking at previous happenings one can determine the magnitude of the consequences as well as how the outcomes will affect the decision or action (Smith, 2013). This comparison forms the basis of different sentences for different offenses. When people commit similar offenses, they can tell the level and magnitude of the offense and hence can determine the type of sentence that befits the offense through comparison. Additionally, through comparison, people can decide which actions to take and the ones to avoid (Smith, 2013). Since jurisdiction looks to answer the questions on the nature of law, similar judgments for the same offenses can be considered as law after it has been applied over a long period.
Virtue ethical is an ethical theory that focuses on judging an individual by evaluation and assessment or their character. Instead of using a single behavioral action to base the character of the individual, this theory combines several aspects of the individual’s behavior to get to know their daily and inner behaviors. This assessment is important because it is unfair to judge a person by use of a single action that is unethical. In society, good people who find themselves in unethical situations receive a less scrutinized judgment than those with known unethical habits (Smith, 2013). However, in jurisprudence, everybody is judged equally despite his or her normal behavior. It is assumed that everybody knows the consequences of their actions and should, therefore, be responsible for them. Even so, people are given the chance to change but only after, they pay for their faults (Smith, 2013).
From the analysis of these ethical theories, it is clear that they form a very strong basis for jurisprudence (Smith, 2013). Following this basis, the definition of law has been widely discussed to try to determine which other they describe it best. It is evident that law should be taken as an ethical issue but should not be based completely on social bearings. Unethical behaviors are therefore illegal and can attract consequences which may be positive or negative. As such, individuals are cautioned to be overly careful in their daily activities. However, there should be several perspectives from which to judge different situations to allow diversity and reduce unfair judgment in jurisprudence (Smith, 2013).
Importance of Law and its Role in Business References
Carroll, A. B., & Buchholtz, A. K. (2014). Business and Society: Ethics, sustainability, and stakeholder management. Nelson Education.
Ebert, R. J., & Griffin, R. W. (2015). Business Essentials. Upper Saddle River, NJ: Pearson.
Haidar, J. I. (2012). The impact of business regulatory reforms on economic growth. Journal of the Japanese and international economies, 26(3), 285-307. and Economics, 11(2), 127.
Hill, C. W., Cronk, T., & Wickramasekera, R. (2013). Global business today. McGraw-Hill Education (Australia).
Itagawa, Z. (2015). Administrative Regulations (Vol. 4). Doing Business in Japan.
Knapp, A. T. (2013). Law’s Revolutionary: James Wilson and the Birth of American Jurisprudence.
K Woodside, A. G., Chang, M. L., & Cheng, C. F. (2012). Government Regulations of Business, Corruption, Reforms, and the Economic Growth of Nations. International Journal of Business
Luban, D. (2015). Time-Mindedness and Jurisprudence. Va. L. Rev., 101, 903.
Smith, D. W. (2013). The role of phenomenology in analytic philosophy.
World Bank Group (Ed.). (2013). Doing Business 2014: understanding regulations for small and medium-sized enterprises (Vol. 11). World Bank Publications.
USA Plaintiff Appellee vs Hilton Hotels Corporation Order Instructions: There is two section on this assignment. Please fully follow instruction section I and Section II.
USA Plaintiff Appellee vs Hilton Hotels Corporation
Section I – Brief the following case below: United States of America, Plaintiff-appellee, v. Hilton Hotels Corporation et al., Defendants, Western International Hotels Company, Defendant-appellant(link located below)
Section II – Summary Critique Section II of this assignment you are to present a summary critique of the court ruling in the case. Here, you are to discuss your opinion regarding the court’s decision. You may agree or disagree. Whatever your position on the case; be sure that you support your thoughts and ideas with adequate research as evidenced by in-text citation in accordance with APA standards. As such, you should have your researched sources cited throughout the body of your discussion in accordance with APA standards and should also have a corresponding entry in the reference area.
This order needs to be a 1page plus because 3 months ago they had to return my order #114243 late and was offered one extra page on my next assignment. Chatted with Hayley to which she had confirmed.
All together it needs to be 6 pages
USA Plaintiff Appellee vs Hilton Hotels Corporation Sample Answer
United States of America, Plaintiff-appellee, v. Hilton Hotels Corporation et al., Defendants, Western International Hotels Company, Defendant-appellant
Section I: Summary
A group of restaurants, hotels and supply companies established an association for purposes of attracting conventions to the city of Portland. Members were required to make a certain amount of monetary contribution as a way of financing the association. Hilton Hotels Corp. supported the move to increase hotel purchases by giving preferential treatment to suppliers who made their contributions and boycotting those who failed to contribute. The hotel policy restricted the purchasing agent from taking part in the ‘boycott’ but he went ahead and threatened one of the suppliers with loss of business unless it made its monetary contribution to the association. The manager of the hotel testified that the purchasing agent had acted contrary to the hotel policy which prohibited antitrust violations. The issue before the 9thCircuit Court was whether Hilton (Defendant) was responsible for the actions of its purchasing agent which contravened Section 1 of the Sherman Act, even though the actions were within the purchasing agent’s scope of authority but contrary to the corporate policy.
The Court ruled that a corporation was vicariously liable for the actions of its agents to the extent that the actions contravened the Sherman Act since it was evident that the actions of the agent were aimed at profiting the corporate and not the agent himself. In fact, the agent violated the Act due to the pressure exerted on him to maximize profits for the defendant hotel, resulting in the agent’s violation of the general corporate policy. Thus, the hotel was found to be in violation of antitrust laws under the respondeat superior doctrine, since outsiders would still view the purchasing agent as acting on behalf of the hotel.
Section II: Summary Critique
This case is an elaborate representation of further development in jurisprudence in regards to holding a corporation liable for its unlawful actions. The jurisprudential development seeks to enhance the deterrent effect and to encourage corporations to ensure more diligence in the supervision of the business actions of its agents done in the course of their duties. However, I disagree with the court ruling to the extent that it found a corporation for offenses committed by an agent contrary to the policy and procedures of the corporation. The court should have considered the defendant corporation’s due diligence defense (Greenberg & Brotman, 2014).
The court based its ruling on respondeat superior, a common law principle established chiefly by federal courts and adopted by several state courts. The principle of respondeat superior is drawn from tort law and agency. It attaches criminal liability on a corporation for the actions of its agents as long as they are done in the course of employment and for purposes of profiting the company. The broadness of this doctrine provides for corporation liability for acts of an agent and even those lowest level employees. Essentially, the doctrine broadened its scope to the context of criminal law, resulting in a close inter-relationship between criminal and civil forms of corporate liability. The main difference between civil and criminal liability is that for criminal liability, the employee should at least have committed the offense with the motive of benefiting the corporation and not self.
Over the years, there has been an overwhelming controversy in relation to corporate criminal liability and most scholars contend that the doctrine of respondeat superior is somewhat overboard. There is conspicuous discordancy of the doctrine with the criminal justice system. The doctrine of respondeat superior tends to distort, cheapen, and eventually weaken the criminal justice system. The applicability of this doctrine in the criminal context has proven difficult due to the different principles governing criminal law. In the civil context, the burden of proof is placed on the party with greater knowledge of the facts in the issue while under criminal law, a person is innocent until proven guilty and it’s the role of the prosecution to prove beyond reasonable doubt that the accused committed the crime. The doctrine of respondeat superior imposes the burden of proof on the corporation to prove that it did not commit a crime through the actions of its agents, thus making it difficult for the corporation to defend itself. In fact, prosecutors enjoy too much discretion due to the vagueness and broadness of the principle of corporate criminal liability (Greenberg & Brotman, 2014).
Furthermore, courts do not have sufficient guidance as to the application of the doctrine, yet corporations are not given enough notice as to the manner in which to avoid criminal liability. The broadness of the principle of corporate criminal liability results to overcriminalization, leading to American corporations expending resources on costly internal policing strategies. This leaves American corporations at a disadvantage when it comes to competing in an international business atmosphere. However, this should not be a ground to completely waive corporations from criminal responsibility.
In addition to overcriminalization tendencies, there is no clear indication of whether the imposition of criminal liability on corporations indeed does any good (Oded, 2013). Corporations may, in fact, be encouraged to cover up illegal activities in order to evade the overwhelming penalties and consequences of criminal prosecution. It has also been argued that narrowing the criminality of a corporation only to acts committed by agents for purposes of benefiting the corporation is impracticable. The impracticability arises from holding a corporation criminally liable for offenses committed by agents but not with intent to benefit the corporation. A more effective deterrent requires a regulatory oversight that favors dialogue between the government and businesses. Furthermore, as in the case of United States v Hilton Hotels, corporate criminal liability is imposed on shareholders, who are innocent actors and are not in any able position to watch over each and every conduct of corporation executives, employees, and other creditors.
As the case of United States v Hilton Hotels clearly establishes, a company must take liability for the actions of its employees as long as they acted in line with their mandate for purposes of benefiting the corporation. Corporate criminal liability was first endorsed unanimously by the Supreme Court in New York Central & Hudson River R. R. v United States (1909). According to the court, a corporation does not act on its own but by its agents and officers. Accordingly, the motives, intent, and purposes of agents and officers are a representation of the motives, intent, and purposes of the corporation. While I support the fact that corporations must be taken vicarious liability for offenses of their employees committed in their mandate for purposes of benefiting the corporation, I tend to disagree with the ruling in United States v Hilton Hotels to the extent that it imposes criminal liability on corporations even where the agents had acted contrary to the policies and procedures of the corporation.
In line with the Model Penal Code developed by the American Law Institute, corporate criminal liability should be limited to offenses committed by agents within the authority, request, command, performance or tolerance of the executive management employees or board of directors acting for the corporation and in the course of their employment. It is reasonable to presume that the decisions and actions of the executive management agents and board of directors reflect that corporation policy (Bradley, 2016). It is also reasonable to presume that high managerial agents with supervisory authority are liable for employment of due diligence for purposes of preventing the commission of offenses. A corporation should be exempted from liability where it can show that diligence was exercised by high managerial agents.
The Court in United States v Hiltons should have taken a due diligence approach in considering whether the corporation was criminally liable for the actions of its purchasing agent. It is prudent to limit the liability of a corporation to circumstances where the corporation hadn’t taken reasonable measures to prevent the commission of a crime by its employees. This approach acts as a meaningful incentive for corporations to ensure self-regulation. Corporations which seek to avoid criminal liability will have a strong ground to pursue effective compliance programs for purposes of deterring criminal activities as well as for use of such programs as a shield in the event of occurrence of a crime.
The due diligence approach also ensures that the prosecution plays its role in an effective manner. The court should have obliged the prosecution to demonstrate that the defendant hotel had not, in fact, taken reasonable steps to prevent the purchasing agent from violating the Sherman Act. It was reckless for the court to assume that the purchasing agent was acting under pressure to benefit the corporation. There was sufficient evidence to indicate that the corporation had taken all reasonable steps to implement policies and procedures aimed at preventing the commission of a crime by its agents (Elias, 2015).
Accordingly, the due diligence approach enhances self-regulation and protects a corporation and its shareholders from negligent dealings by agents despite the corporation’s best efforts. As the court noted in Kolstad v American Dental Association (1999), the standard of respondeat superior is utterly misplaced in circumstances where a corporation has taken all reasonable steps to prevent its employees from committing an offense. In addition, it is the chief goal of US Sentencing Guidelines to promote effective compliance programs. The defense of due diligence is a great way of rewarding a corporation for its best efforts to ensure compliance. States such as Pennsylvania, Ohio, New Jersey and Montana have incorporated the defense of due diligence contained in the Model Penal Code into their legislation.
The court based its ruling on the doctrine of respondeat superior, which attaches criminal responsibility on a corporate for actions committed by an agent in the course of his/her employment and for purposes of benefiting the corporation. While it was in the interests of the court to promote corporate responsibility and compliance, the court should have taken a due diligence approach in considering the matter.
USA Plaintiff Appellee vs Hilton Hotels Corporation References
Bradley, C. (2016). Corporate Intent and Corporate Crime: A Matter of Inference. Jotwell: J. Things We Like, 56.
Elias, R. A. (2015). Virtues of the Due Diligence Defense for Corporations in Criminal Cases: Solving the Problems of a Corporation’s Vicarious Liability for the Crimes of Its Agents and Employees, The. Geo. JL & Pub. Pol’y, 13, 423.
Kolstad v American Dental Association, 527 U.S. 526 (1999)
New York Central & Hudson River R. Co., 212 U.S. 509 (1909).
Oded, S. (2013). Corporate Compliance. Edward Elgar Publishing.
United States v. Hilton Hotels Corporation, 467 F.2d 1000 (9th Cir. 1972)
Greenberg, J. D., & Brotman, E. C. (2014). Strict Vicarious Criminal Liability for Corporations and Corporate Executives: Stretching the Boundaries of Criminalization. Am. Crim. L. Rev., 51, 79.
Please select question 1 or 2 because I feel like there is alot more information on it. with 15-20 reference’s of harvard referencing. i will also attach more files on assignment hints on the order page.
Assessment #2 –
Questions
1. What are the critical issues including obstacles to and problems with engagement, intake, screening and assessment for case management (or individualised funding)?
* Gursansky 2003 – chapter 4
* Gursansky et al 2012 Chapters 1 and 3.
Intake – eligibility criteria, marketing of program, outcomes for clients, changing nature of criteria, organisational structures which impact.
Engagement – data bases, clients and development of effective relationships
Assessment – support from services clients already receive, planning, intervention linkages and how purposeful is it.
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2. Identify thecritical issues including obstacles to andproblems with service planning and implementation for case management (or individualised funding).
* Gursansky 2003 – chapter 4
* Gursansky et al 2012 Chapters 4 and 5.
Goals, strengths, what has worked and what has not, formulating the plan with the client, what does the client want and what do they actually access, impact of the lack of resources, the importance of effective planning –flexibility, allowing for diversity, a range of sources, what is available intra and inter service providers and clear thinking and sustained engagement.
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3. Outline thecritical issues including obstacles to and problems with termination, review, follow up and evaluation for case management (or individualised funding).
* Gursansky 2003 – chapter 4
* Gursansky et al 2012 Chapters 6 and 7.
Monitoring – checking in with clients, plan of action, working out what is working and what is not, advocacy at the service and client level and evidence based research.
SAMPLE ANSWER
1.0 Introduction
Case management methods are widely employed in Australia as is often the case in other countries. However, there exists a perspective of shared understanding when it comes to case management to the extent that a section of authors assert it veers away from the need for close examination and analysis of case to formulate a better model and practice. In a real world, case managers should be conversant with the needs of individuals such as mental illness, substance abuse, chronic health issues, homelessness, illicit activities, parenting minors, and physical impairment among others (Huber et al. 2003). For instance, a case manager should be in a position to comprehend the client’s background in terms of accessible social services, monetary and legal implications, and the clinical complication of the problem among others. While case management is synonymous with assessment, planning, coordination, screening, and appraisal, this paper looks at the critical issues including obstacles to and problems with engagement, intake, screening, and assessment for case management.
2.0 Engagement
The case manager has the responsibility of providing services in non-conventional techniques with the goal of reaching the customers rather as opposed to the customers seeking assistance. While engagement seeks to t fulfill and identify customers’ immediate requirements, the first phase is challenging (Australian Bureau of Statistics, 2012). Motivation can be fleeting while accessibility to services is constrained.
These problems are evident in customers’ conduct including missed appointments, continuous use, and unwillingness to change among others. During this stage, the objective of case management is minimizing internal and external barriers, which hinder treatment. the reluctance clients to receive treatment may be minimized in various ways including; motivation techniques; basic knowledge on addiction; continuously reminding clients about the effects of drug abuse; fulfill clients’ survival expectations; and dedication to creating mutual association between the case manager and clients (Gursansky, Kennedy & Camilleri 2012).
2.1 Effective Relationships
The parties involved in authorizing behavioral health can be requested to give their input although customers’ persistence can be a major hindrance towards access to healthcare services. Potential clients can be unfamiliar with treatment procedures, an issue that calls for the development of effective associations between the case manager and the client (Gursansky, Kennedy & Camilleri 2003). Nonetheless, the dilemma may exist between clinical experiences presented by nurses and social workers. Their preferences with regards to treatment can be irrational, and they know little about drug abuse, or addiction. Moreover, it is exceptional for individuals during this phase to reduce the effects of drug abuse for the sake of their health.
3.0 Intake
This is the first meeting with clients that present case managers the opportunity to collect information to tackle their needs while encouraging engagement and retention of the service process (Australian Bureau of Statistics 2012). This is the stage used to establish whether or not a client needs have been met. Nonetheless, it is difficult for the case managers to adequately determine the suitable strategy to fulfill client’s needs and examine their readiness to participate in case management (Gursansky, Kennedy & Camilleri 2012). This process is characterized by ethical dilemmas as case managers may choose an inappropriate approach.
3.1 Eligibility
The case manager has the prerequisite to screen the client’s problem substantively. At this point, assessment would act as a reference point to determine the eligibility and detailed evaluation to be presented to guide the creation of an intervention plan. Prescreening for eligibility and coordination to minimize any barriers can enhance accessibility. The procedure of motivating clients starts with education, identification of important needs, and creation of mutual relationship. This procedure can commence in the prescreening stage. Motivation facilitates engagement using exploratory and not confrontational techniques. Nevertheless, it is essential to understand that each client has his/her own needs in joining the treatment process.
For instance, if the client has communication needs, the goal may be to determine if a child can exhibit deficits in communication/feeding development. On the other hand, in the planning and implementation phase, the case manager in collaboration with a team of experts designs an intervention plan that support services which involve techniques and settings (Chappell 2012). The two roles aim at maximizing the clients’ ability to effectively reform while increasing the family capacity to support the development of the client. However, screening is a vital element of prevention. Creating family awareness through education is significant for children as well as their respective families.
Much as education in assessment differ on the basis of the method used, informed medical perspective of the case manager is crucial in establishing eligibility of the client. Nonetheless, in the planning and implementation phase, support services are individualized for every client and family; hence, facilitating different techniques and designs of intervention that incorporate quality service delivery. In both roles, procedures and activities depict a given family’s preferred method and degree of participation.
3.2 Outcomes
The greater part of investigative research with regards to case management lies in mental health with less activity in human service. This helps to put more emphasis of various social issues. Efforts to analyse case management services have been hindered by a plethora of intricate factors. Different and overlying models of case management, an elusive agreement of definitions, and the ambiguity that surrounds the probability of fidelity of providers are some of the problems affecting the efficacy of case management. The anomaly is further enhanced by the documentation of unrelated outcome measures in studies that makes any effort comparisons between various interpolations problematic. Gursansky et al. (2012) assert that ascribing client or program results to a certain service-delivery methodology can be problematic. A holistic service case is linked to better outcomes to management, retention and acquiescence, reduced hospitalization, positive client contentment and modest cut down in service costs. On the other hand, dealership models fail to retain clients in management, enhanced hospitalization rates and operations expenses. While the two approaches of case management have analogous impact when it comes to enhancing the symptoms in terms of the levels of social wellbeing, emphatic community treatments is better off than the clinical management approach in reducing admission to hospital.Ultimately, case management leads to reduced criminal activities when it comes to correction agencies. However, in terms of social work and mental wellness, the legitimacy of case management methods in as far as correction is concerned appears scanty. There are certainly consequences and challenges for apportioning resources in community corrections to offer and ensure reliable levels of service. Even though the CCS makes recommendations to the courts, the streaming of clients is unpredictable and largely managed by the judiciary.
3.4 Organisational Structure
Motivation transitions from clients’ non-recognition of the issue to understanding the significance of treatment, determining necessary course of action, and maintaining the realized objectives (Gursansky, Kennedy & Camilleri 2012). Case management may employ this structure in engaging with the client based on the phase-suitable services. This implies that a client that failed to deal with drug abuse can be integrated into an intensive management process by giving fundamental practical assistance. Such form of assistance is important in terms of reducing the perceived desire to engage in drug abuse and the associated lifestyle. Structured interviews present clients with opportunities to discuss their substance abuse and past history with case managers while exploring the losses due to drug abuse. However, the previous history of some clients may provide a trend of increased loss of independence.
4.0 Assessment
Treatment is dependent on the instruments that are largely valid and reliable when used with two groups of clients from different cultural backgrounds. Whereas interpretation of some tools for the population who’s English is not their first language have been realized, the accuracy of the applied tools is not always recorded (Stanger et al. 2009). Under normal circumstances, screening and assessment for women should be meticulous; hence, some women from different cultural backgrounds find the procedure intimidating, unpleasant and foreign. In some communities, issues of individual practices can be seen as superfluously intrusive (Gursansky, Kennedy & Camilleri 2012). Majority of women do not have experience with Australian medical care and hardly comprehend the assessment process. Others may develop negative attitudes with healthcare providers or treatment schedules and create an impression of unfair treatment. This may impede the assessment process. In this regard, screening and assessment should be anchored on perceptions that put a lot of primacy on cultural significance (Coatsworth et al. 2001).
In most cases, there has been a miscomprehension of the client’s cultural basis in terms of health beliefs, sickness behaviors, and outlook toward of treatment. This impacts the delivery of quality services. Assessment is the first step of developing clients’ needs. In addition, it is an essential phase of case management. It involves collecting all the client’s needs to develop the case (Gursansky, Kennedy & Camilleri 2003). This may require collecting and analysis of clients’ information. Moreover, assessment can be carried out with no direct contact with clients, rather gathering useful historical data to help understand a client’s needs. As a result of the complex nature of the assessment phase, case managers are required to be flexible so as to not only identify, but also address developments while reviewing approaches and objectives as needed (Padgett et al. 2011). Much as partnership standards present specific areas to be covered in eligibility assessment, ethical dilemmas emerge because there are no requirements for separate expectations of clients besides eligibility assessment.
4.1 Purpose of Assessment
Case assessment serves as the platform upon which to gather necessary information to allow plan and provide appropriate intervention. Information collected from clients is critical in determining baseline details, health levels, dangers of malfunction or strengths, and weaknesses as far as the illness process is concerned. With regards to social issues, the case manager should determine whether or not the client lives alone and does not want to bother other family members, and whether financial issues make them worried about the future. As a result, the community nurse should perform comprehensive home assessment (Gursansky, Kennedy & Camilleri 2003). In addition, head to toe assessment and comprehensive health history assessment should also be used on the client to discover further health information.
Clinical assessments help case managers to intervene the situations of clients. Moreover, it plays a vital role in determining the condition that the clients are in since medication is recommended depending on the extent of the situation whether it is mild or severe (Willis et al. 2013).
4.3 Planning
Planning process entails concentrating on structural components of case management like the occurrence and details of the problem, identifying measurable objectives, and required services to address particular needs. Planning of the case is individualized with detailed documents looking at various elements of clients’ wellbeing in accordance with useful and factual data (Rapp et al. 2008). This is attained through intake interviews to determine baseline demographic and analytical data to create the initial client plant.
However, impartiality and objectivity are more and more essential aspects that present ethical issues to the case manager. For instance, a case manager working with institutions that offer services may be required to include such services in their case management recommendations, particularly when services are not suitable for policyholders. Consequently, how the case manager opts to arrange and employ data gathered leads to the efficacy of the program (Ingoldsby 2010). The use of technology can be used for tracking data and ensuring interaction, planning and performance control of the respondents is upbeat. While a case manager may adopt a particular methodology, it may be hectic to formulate not just a clear process for determining the client expectations, but also for evaluating skills and occurrences. The case manager works in conjunction with the client to create an Individual Service Plan (ISP) that comprises of short term and long term objectives. When it comes to meeting client expectations, clients that have a broad network of service providers can offer their help by creating plans aimed at curbing reoffending.
4.4 Intervention Linkages
By and large, organizations should be reliant on ensuring their ties with communities remain as strong as ever (Sorensen et al. 2003). This is critical particularly in meeting the needs of a wider scope of participants. Linkages with community stakeholders such as agencies and religious institutions among others are pertinent as the economy shrinks and need for support services blossoms. On the flip side, the diversity in the pragmatic application has culminated into differences as far as case management in Australia is concerned. This makes the definition of case management fluid, an aspect that culminates into the standardization of comprehending and utilization (Johnson et al. 2013).Consequently, disparities in its usage have ended in the lack of compelling evidence and consensus on the outcomes for service users especially in relation to its longitudinal impacts. Gursansky & colleagues (2012) reiterate that substantial disparities are evident in modern case management practice in Australia when it comes to the design, application and practice of case management. The problem with lack of clarity is that providers and recipients do not understand the rationale and processes of case management. The differences in methodologies being implemented are often a catalyst for confusion in terms of service delivery (Gursansky et al, 2012).
4.5 Interventions
The assessments and interventions depend on the nature of the problem, age, and the therapy that the clients may have received in the past. Case managers use scaffold to intervene client situation which are later withdrawn slowly as the client responds to therapy (Gursansky, Kennedy & Camilleri 2003). The purpose is to identify the cause of the problem, teach compensatory strategies, or to modify the client’s issue. Intervention approaches consider long term goals of the client, development of behavioral objectives, pretesting the client, and administering tests to determine the condition of the client (Slesnick et al. 2008). Intervention processes vary and depend on the case manager’s choice. The interventions can be structured or naturalistic, but depend on severity of the problem. However, a combination of both strategies can help in enhancing the client’s recovery process.
There are principles that guide the procedure of dealing with clients that have been sourced for controlled trials (Gursansky, Kennedy & Camilleri 2003). These trials are associated with the brain; thus, pathologists use these principles when dealing with clients. The aim of intervention by case managers is to improve the client’s health condition. In any case, one-sided details and objective data offer a clear understanding of clients’ opinion. For this reason, it is of great importance to develop a good relationship between nurse and clients in order to ensure the aspect of trust (Alexander & Robbins 2011). A good relationship between nurse and clients increases harmony and the basis which allows clients to present accurate information. In other words, nursing assessments can be valid and precise when the nurse obtains information which is not one-sided.
5.0 Conclusion
Based on what has been discussed therein above, it becomes evident that while clinical knowledge may be significant to nurses, it may not necessarily be of significance to social workers. In the same breadth, health and human service workers may hardly comprehend the fact that they share same experiences. For instance, a case manager responsible for substance abuse individuals is vulnerable to many risks and constraints.
References
Alexander, J.F. and Robbins, M.S., 2011. Functional family therapy (pp. 245-271). New York: Springer.
Australian Bureau of Statistics 2012. Information Paper – A Statistical definition of
Homelessness, 4922.0, Australian Bureau of Statistics, Commonwealth of Australia, Canberra.
Chappell, C. 2012. Case coordination handbook: a field guide to the care planning and management of people who have complex needs and occupy public places in Townsville, Accessed 2 November 2012
Coatsworth, J.D. et al 2001. Brief Strategic Family Therapy versus Community Control: Engagement, Retention, and an Exploration of the Moderating Role of Adolescent Symptom Severity*. Family Process, 40(3), pp.313-332.
Gursansky, D, Kennedy, R & Camilleri, P 2012. The Practice of Case MANAGEMENT, 1st Edition, Allen and Unwin, St Leonards, NSW.
Gursansky, D., Kennedy, R., & Camilleri, P. 2003. Case Management: Policy, Practice and Professional Business. Allen & Unwin, Sydney
Huber, D.L., Sarrazin, M.V., Vaughn, T. and Hall, J.A., 2003. Evaluating the impact of case management dosage. Nursing Research, 52(5), pp.276-288.
Ingoldsby, E.M., 2010. Review of interventions to improve family engagement and retention in parent and child mental health programs. Journal of child and family studies, 19(5), pp.629-645.
Johnson, R.L. et al 2003. The utilization of treatment and case management services by HIV-infected youth. Journal of Adolescent Health, 33(2), pp.31-38.
Padgett, D.K. et al 2011. Substance use outcomes among homeless clients with serious mental illness: Comparing Housing First with treatment first programs. Community mental health journal, 47(2), pp.227-232.
Rapp, R.C. et al 2008. Improving linkage with substance abuse treatment using brief case management and motivational interviewing. Drug and alcohol dependence, 94(1), pp.172-182.
Slesnick, N. et al 2007. Treatment outcome for street-living, homeless youth. Addictive behaviors, 32(6), pp.1237-1251.
Sorensen, J.L. et al 2003. Case management for substance abusers with HIV/AIDS: a randomized clinical trial. The American journal of drug and alcohol abuse, 29(1), pp.133-150.
Stanger, C. et al., 2009. A randomized trial of contingency management for adolescent marijuana abuse and dependence. Drug and Alcohol Dependence, 105(3), pp.240-247.
Willis, S. et al 2013. Linkage engagement and viral suppression rates among HIV-infected persons receiving care at medical case management programs in Washington, DC. Journal of acquired immune deficiency syndromes (1999), 64(0 1).
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Contract Law Consideration and Case Analysis Order Instructions: Please read below for information concerning assignment.
Contract Law Consideration and Case Analysis
You may access the school’s website by logging into https://mycampus.southuniversity.edu/portal/server.pt
Part 1
Consideration
David is on his way home to Kalamazoo, Michigan, from college at Purdue to celebrate Thanksgiving with his family. David’s car has a flat tire in a snowstorm and skids into a ditch. David finds food and shelter with an elderly couple. Two days later, the snowplows cleared the road, the car is pulled out of a ditch, the tire is repaired, and David is on his way home. David’s mother, Shaina, is so appreciative of the couple’s care for her son that she sends them an email promising to pay $500. Living on a fixed income, the elderly couple accepts the offer by return email. David and his mother get into an argument and Shaina refuses to pay couple. Can the couple hold Shaina liable in contract for the services provided to David?
Part 2
Providing relevant laws and/or cases to support your post, select two of the scenarios below and discuss the status of the contract:
•Eric, a 15-year-old who looks like he is 18, enters into a two-year contract for a new iPhone 6 with Sprint. After two months, Eric is bored with the phone and cannot afford the monthly bills, so he tells Sprint that he is rescinding the contract.
•Fred promised to give his daughter, Fran, a new Jeep Liberty when she completed her degree at South University. Fran did not promise anything in return. When Fran graduated 18 months later, she asked her father to buy the car as promised. Fred purchased a used Ford Focus for Fran.
Contract Law Consideration and Case Analysis Sample Answer
Consideration: Case Analysis
In order for a contract to be considered binding legally, the aspect of consideration is necessary. This refers to a legal valuable input, whether monetary or in kind, that the parties involved will give in exchange for what is achieved in the contract.
Case 1
David and his Mother Shaina cannot be held liable for not paying compensation to the elderly couple. The act of the elderly couples was merely a volunteering act towards David and not a contract to perform. Volunteering acts have no consideration or legally binding aspects and it would not be appropriate for the couple to seek compensation. The elderly couple coming to help was based on their choice and self-will and as a duty to rescue. On the other hand, Shaina act of offering a reward or compensation for their service was out of her goodwill and appreciation. This can be considered a gift, which according to business law has no consideration and legal action cannot be taken for the same (McKendrick, 2012). She is not obligated by the law whatsoever to pay for the service that the elderly provided to her son. Moreover, paying the elderly would be jeopardizing the volunteer status. According to the duty to rescue, the elderly couple is labile to help David as a rescue measure but cannot sue David for not compensating for the service they provided. Hence, the elderly couple cannot hold Shaina or David liable for the service that the couple offered to David.
Case 2
The case between Eric and Sprint presents the case of a contract where a minor is involved. According to McKendrick (2012), such a contract where a minor is involved is voidable and the minor can withdraw at any time. This is because minors are considered as not having the mental capacity to enter into a contract. In Bowling v. Sperry, the facts of the case indicate the voidability of contracts made with minors on personal property.
In the case of Fred and Fran, Fred is not obligated to buy the new jeep promised because the legal intent in family agreements cannot be expressly established. In this case, there was no legal binding to the agreement. Furthermore, Fran did not promise anything in return. In the case of Jones v. Padavatton, the court decided that the arrangement between mother and daughter could not be considered as legally binding.
In conclusion, the law of contract provides various provisions as discussed above and each situation should be based on the legal aspects of the contract.
Contract Law Consideration and Case Analysis Reference
McKendrick, E. (2012). Contract Law: Text, Cases, and Materials. London: OUP Oxford.
Assignment requested deadline April 26 by 2pm. Please read below for information concerning assignment. You may access the school’s website by logging into https://mycampus.southuniversity.edu/portal/server.pt
Read the scenario and the questions that follow. Identify the legal issue(s) and apply legal concepts and possible arguments for each question. Prepare a solution for each question using laws, cases, examples and/or other relevant materials. At the end of the paper, identify potential ethical issues and propose a solution for each issue. Support your answers with information from the textbook and at least two outside scholarly sources. By Tuesday, April 26, 2016, prepare a 5 to 8-page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Properly cite all sources using APA format.
This assignment requires application of the concepts learned in Weeks 1–3 and is worth significantly more than previous assignments.
Scenario
Will Doolittle works as a financial analyst at the corporate headquarters of Home Décor Stores in Atlanta, Georgia. Doolittle regularly spends time on the office computer sending email to his friends and playing his favorite slot machine games with the sound muted. Doolittle usually sends the personal e-mails from his own Gmail account, but he occasionally uses his Home Décor account when he doesn’t want to bother accessing his personal account.
The manager of human resources, Lida Lott, called Doolittle into her office on Friday afternoon, where he was asked about the emails sent to friends containing jokes of a sexual nature. The director also questioned him about the use of the Internet to play slot machines and other computer games. Doolittle was terminated for violating provisions of the employee handbook and escorted out of the building.
The employee handbook contained standard provisions explaining that company property, including computers, email, software and access to the Internet, were for business purposes and employee use was subject to monitoring. The company policy also prohibited any form of sexual harassment, discrimination, violence and other illegal acts, which includes transmitting such information by computer. Violations of the stated policies include disciplinary action that may result in termination. The handbook also contained a provision that required all disputes arising from the employment relationship that cannot be resolved internally to be resolved through the alternative dispute resolution process of mediation.
Angry after his dismissal, Doolittle stopped by Burger and Brew, hoping a few beers would make him feel better. Several hours later as he was on the way home, Doolittle was pulled over by Laura Norder, an officer on the local police department. Detecting a strong odor of alcohol, Norder requested that Doolittle take a breathalyzer test, but he refused. The officer spotted a beer can on the seat of the car and searched Doolittle’s car. When searching the car, the officer found a loaded handgun and an unmarked bag of pills that looked like OxyContin.
Two weeks after Doolittle was terminated, Home Décor received a phone call from the human resources department at DIY Home Innovations seeking to obtain a reference for Doolittle. Lida Lott, the human resources manager for Home Décor answered the standard questions, but when asked if she would rehire Doolittle, she made the following comment.
“Off the record, Doolittle was terminated for a cause. I would not re-hire him because he is lazy and may have been involved with drugs too.”
Lott made up the part about drugs because she did not want Doolittle to get the job. DIY Home Innovations did not hire Doolittle.
A new position in advertising was created for Lacey Fair, the granddaughter of Home Décor’s CEO. Lacey was a senior at Western University, majoring in marketing. Lacey was in charge of revamping the company’s website. Lacey copied images from various websites and pasted them into Home Décor’s site. Susan Wynns was a full time law student who worked as an intern for Home Décor. After reviewing the new and improved website, Wynns explained to Lacey that using images and text without permission violates intellectual property laws. Lacey explained that she could use the images because everything on the Internet is free for people to use. Lacey also suggested that Wynn go read about the fair use doctrine that was covered in her business law class.
After Doolittle resolved his issues with his arrest, he created a blog called Death to Home Décor. The blog contained a picture of the Home Décor logo and CEO in a casket. Doolittle promises readers that he will provide stories about working for Home Decor and invites his readers to tell their stories. In the first article, Doolittle included a cartoon of his boss flying on a broomstick. The second article provided details about a coworker who is having an affair with her manager.
Based on the different situations described in the scenario, create a 5 to 8-page Microsoft Word document that includes detailed answers to the following questions. Support your answers with sources such as examples in your textbook, cases, statutes and other scholarly information found in your research.
Doolittle claims the employer violated his rights by monitoring his personal email and use of the Internet. What are the legal rights of the employer and the employee in this situation? Explain. Is Doolittle correct in his allegations? Why or why not?
Since Doolittle believes he was wrongfully terminated and various rights were violated, he plans to consult with a lawyer and sue his employer. What are Doolittle’s options with regards to resolving his claims through the court or ADR?
Did Officer Norder violate any of Doolittle’s constitutional rights? Explain.
Has Lida Lott committed any offenses? Explain.
Did Lacey violate intellectual property laws?
Has Doolittle committed any violations in his Internet postings concerning his former company?
Discuss any ethical issues that might be present in the scenarios.
Based on the different situations described in the scenario, create a 5 to 8-page Microsoft Word document. Support your answers with appropriate research, reasoning, cases, laws, and other relevant examples.
Submit the paper in APA format and properly cite sources on a separate page using APA.
SAMPLE ANSWER
Introduction
The paper sets out to evaluate the rights and liabilities of Do little with references to human rights enacted in 1998. To help understand the case, the paper is structured in seven sections. While the paper determines whether or not there was a violation against Do little, it highlights legal options and ethical issues in resolving the dispute. In building the case, the paper will examine the intellectual property statutes referring to Lacey’s Scenario. Dolittle’s searches and seizures will be evaluated from a constitutional point of view. In the case of Lida Lott, the issue of confidentiality relative to the employer-employee relationship will be discussed.
Dolittle’s Rights under the Human Rights Act of 1998
The 1998 Human Rights Act was enacted with the intention of defining the extent and impact of the rights of an employer to monitor the communications of employees, including those conducted in the course of suing the internet and precisely, emails. The Act’s scope, however, expressly protects the rights of employers in the public sector. Under the Act, individuals are conferred with rights to enable them to sue public authorities when they strongly opine that their rights under the Act have been violated. In effect, employees of public authorities are given the mandate to sue their employers when their rights to privacy and correspondence have been breached. This is provided for under Article 8 of the Act. Dolittle was an employee of a private company, and the main question, therefore, remains whether or not the Human Rights Act of 1998 is applicable to him. On the face of it, the employees in the private sector are not expressly conferred with rights under the Human Rights Act. However, the Act provides that courts and tribunals are compelled to interpret the legislative provisions on a larger scope. This provision bestows on private sector employees the same rights as those of public authorities, albeit the fact that these rights are applicable indirectly on them.
Was there violation against Dolittle’s Rights?
Whether or not the Dolittle’s right to privacy was breached would be determined with the move by the employer to seek the consent of employees. In most cases, as was the case in Dolittle, the consent provides monitoring consisting of all communications at the discretion of the employer. In the event, an employee consents, and then the employer has the right to monitor, even beyond the durations of employment. Summarily, by consent, an employee waives their privacy rights in regards to correspondence. Given that the employee handbook had express provisions as to the monitoring standard, Dolittle consented to waive his right when he signed and accepted to work for Home Dacor. In the event there was a breach without consent, then this would create liability on the part of the employer. In the Ms. Halford case which was before the European Court of Human Rights, it was held that knowledge and consent are essential in establishing monitoring rights. Section 6 (13) of the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations of 2000 also illegalizes any interception without proper indications to the employee, before such interventions (Keh-Luh, Chi, & Chiu-Mei, 2012).
Protection of individual or employee rights on their emails, message and calls can be limited to certain scenarios (Miller, 2016). Usually, employers will be allowed to monitor such correspondence in certain scenarios; when checking if an employee is spending excessive time doing personal communications and activities such as playing games. This is because such actions would infringe on the rights of employers to get services they pay for. The second justification for allowing monitoring of employee email accounts would be to ensure offensive messages do not pass from employees to other parties. When there is a reason to believe that for instance, there are cases of sexually inappropriate material correspondences, then the employer can seek the employee’s consent to monitor their communication. Dolittle’s rights were not infringed, and his allegations are therefore unwarranted.
Alternative Dispute Resolution (ADR) Clauses and their Effects
According to the issue raised, the employee handbook contained an Alternative Dispute Resolution clause, which has the effect of seeking ADR remedies before approaching a court of law in the event of a conflict between an employee and the company, say Home Dacor. It would be very wrong to deny the parties to a contract, such as that between Dolittle and Home Dacor, their right to choose which laws apply in the event of a breach of contract. Hilty, (2015) states that the main reason why parties would agree to an ADR clause is to ensure that conflicts are not subjected to judicial proceedings until all the ADR alternatives are inadequate as to provide sufficient remedy to the offended party. In the case of AMF v Brunswick 1985 Supp. 456, a District Court held that the Federal Arbitration Act was the backbone for the implementation of ADR clauses. Under the Act, Section 2 provides that ADR clauses are to be embraced fully, and all means of dispute resolution under the ADR tier are to be fully exhausted before the matter can be lodged as a suit in a court of law. This was also the position in the case of Allied Sanitation Inc. v Waste Management Holdings Inc. 2000 Supp. 2d 320. The provision in the employee handbook to refer matters to an ADR tribunal is therefore legally binding and Dolittle is left with no choice but follow the procedures under ADR before approaching a court of law.
Dolittle’s Constitutional Rights – Searches and Seizures
The issue to consider in the Norder-Dolittle scenario is whether or not Norder searched the car after establishing probable cause, and whether or not the officer had a warrant to that effect. The 4th Amendment to the Constitution protects citizens from arbitrary searches and seizures without warrants. The rule is quite clear that it would be an outright intrusion by government agents to search if they lacked a warrant. In the landmark case of Wolf v Colorado (1949), Felix J. contended that arbitrary intrusion into an individual’s privacy by the police was a violation and against the doctrines of a free society. This was deemed a great violation of human rights, protected under the US Constitution. In issuing a warrant, a judge or magistrate is to observe discretion, but bear in mind the need for probable cause.
The test subjected in this case is, therefore, that of probable cause. In the case of Weeks v United States (1914), the Supreme Court found that evidence collected without probable cause or warrant was to be regarded as illegally obtained, hence inadmissible as evidence is court. In another case of United States v Leon (1984), the Supreme Court held that even in the rare exceptions, judges were tasked with the responsibility of determining probable cause, and not police officers or other government agents. There has been an evolution of case laws, which have directed that there is an exception to the warrants rule. In United States v Ross (1982), the Court of law ruled that police officers had the authority to search a vehicle entirely, only in the event they had probable cause to suspect there were drugs in the car (Oprea, 2012). This befits this scenario perfectly, and Norder had probable cause when she saw a can of beer on the car seat.
Lida Lott’s Duty of Confidentiality
This question addresses a very precise legal relationship, which is the existence of an employer-employee relationship, and the duty of confidentiality bestowed on the part of the employer. Definitely, by signing the employment contract, there is a relationship between Lida Lott and Dolittle. Jurisprudence has indicated that before an employer, whether during the time of employment or after termination, has to seek the consent of the employee before providing any information to third parties unless the information sought is with regards to disclosure on the title at the workplace, wages, and salary or date of employment. This was the determination in the case Magnano v Bellsouth Telecommunications Inc. (1992). The case of Conkle v Joeng (1995) also discusses the case of giving information to a prospective employer. It was held that information given to future employers has to be in good faith for the previous employer to escape civil liability. It is, therefore, clear that Lott is liable for giving malicious information to Dolittle’s prospective employer.
Intellectual Property Laws – Lacey’s Scenario
According to the facts provided, Lacey copied images from various sites and used them develop Home Dacor’s website. She later claims that the law of fair use applies to her. First, it is necessary to note that the fair use of doctrine applies to any copyrighted work, and that include internet postings and materials. However, as was decided in Basic Books v Kinko’s Graphics Corporation (1991) fair use can only be involved in the event of infringement allegations, especially when materials sought are educational, and not profitable (Kaplin & Lee, 2011). The Copyright Act provides for certain factors that the court considers fair use because of the nature of copyrighted works, the amount of materials retrieved and effects of using such material. This means that Lacey was infringing copyright law, and cannot invoke the fair use doctrine, as the website was not non-profitable, but used to market the company (Diane, 2016).
Dolittle’s Liability
Just like the employer has a duty to exercise confidentiality, employees who leave an organization still carry the duty to keep the secrets of that company, and are not supposed to disclose such information to the public (Yerby, 2013). Equal measure of obligations will be required under employer-employee confidentiality requirements. Dolittle can also accrue civil liability by the fact of defaming his former CEO.
Ethical issues
The fact that the employer monitors Dolittle’s internet usage and personal emails is an ethical issue. Monitoring internet usage and personal emails in workplace can put workers and employers at odds because the two parties are trying to safeguard their interests. Workers want to protect their privacy and employers aim at making sure that resources are not misused. Therefore, the solution to this issue is ensuring ethical monitoring of workers by ensuring that monitoring workers’ intern usage is not indiscriminately conducted. Employers monitor employees online activities to safeguard their firms from legal issues that may emerge due to illegal use of computers. Moreover, employers are also worried about declining productivity as some workers use the internet to do their personal tasks (Oprea, 2012). The ethical issue that organizations experience when safeguarding their interests when motoring workers’ internet use is ensuring that they do not it that workers lose their privacy in place of work.
Conclusion
The paper determined to evaluate the rights and liabilities of Dolittle. The human rights enacted in 1998 informed the basis if the discussion. Apart from determining whether or not Dolittle’s rights had been breached, there was a window to redressing the issue. The Lacey’s scenario was used in used evaluate the intellectual property laws. Again, the searches and seizures for Dolittle’s scenario were cross-examined from a constitutional perspective. Lastly the employer-employee relationship was evaluated with reference to the Lida Lott case.
References
Diane, P. (2016). Intellectual Property Rights in an Age of Electronics and Information. DIANE Publishing Company.
Hilty, L. M. (2015). Ethical issues in ubiquitous computing—three technology assessment studies revisited. In Ubiquitous Computing in the Workplace (pp. 45-60). Springer International Publishing.
Kaplin, W. & Lee, B. (2011). The Law of Higher Education. New York: John Wiley and Sons Publishing Corporation.
Keh-Luh, W., Chi, C., & Chiu-Mei, T. (2012). Integrating human resource management and knowledge management: from the viewpoint of core employees and organizational performance. International Journal Of Organizational Innovation, 5(1), 109-137.
Miller, R. (2016). Cengage Advantage Books: Business Law Today, The Essentials: Text and Summarized Cases. New York: Cengage Learning.
Oprea, M. (2012). An Agent-Based Knowledge Management System for University Research Activity Monitoring. Informatica Economica, 16(3), 136-147.
Yerby, J. (2013). Legal and ethical issues of employee monitoring. Online Journal of Applied Knowledge Management, 1(2), 44-55.
Assignment requested deadline April 23 by 12pm. Please read below for information concerning assignment. You may access the school’s website by logging into https://mycampus.southuniversity.edu/portal/server.pt
Part 1
The discussion assignment provides a forum for discussing relevant topics for this week based on the course competencies covered. Use the textbook, lectures and scholarly outside sources to support your work. As in all assignments, cite your sources in your work and provide references for the citations in APA format. Post the answers to both parts in one discussion post and do not attach documents.
Scenario 1 – Video Games
You just bought a new gaming system. You are playing the game for the first time with your friend, Ted, who loses almost every game. All of a sudden, Ted grabs the playing device out of your hands, holds it like he is going to hit you, and screams that if he loses one more time, he’s going beat you with the gaming device. As he is throwing the controller at you, a short in the controller causes it to electrify, electrocuting you and Ted and causing a fire in your home. There was significant damage to your home, and you and Ted both suffered physical injuries. You can no longer play video games without having flashbacks.
What if any torts might Ted have committed? Explain
Can any tort claims be raised against the gaming system manufacturer? If so, explain.
What legal defenses might be raised to these claims and what remedies might be sought for the damage and injuries?
Part2
Select one of the intellectual property cases/disputes below or conduct a search for a case using the name of a high profile company using, the name of the company combined with terms such as intellectual property, trademark, copyright or patents. Since some disputes are settled by the parties prior to litigation, you may not find actual cases for all intellectual property issues, but you may find some scholarly articles about the dispute.
I’ve chosen: Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., 2009
Provide the following information about the case or potential lawsuit.
Names of parties involved
Type of intellectual property involved in the dispute (Patent, Trademark, Copyright)
Summary of the issues that include description of the protected property, description of offense and name of the party that allegedly violated the intellectual property rights of the other.
Results
If the case has already been decided, provide information about the outcome and your opinion of the decision.
If the case has not been decided, provide information about how you think a judge should rule.
SAMPLE ANSWER
Tort Cases
Part A
In the case of Ted, it can be summed that he committed negligence tort given that the he did not follow expected code of conduct in the use of the video game. Their accident is as a result of deliberate action, carelessness from Ted resulting in complete harm and damage. Negligence torts transpire when a person fails to act reasonably and therefore jeopardizes the safety of others around them. In this scenario, Ted satisfies the position of a negligence tort considering his actions.
The gaming system manufacturer can be sued for strict liability tort given that there were injury and destruction of property accounted as a result of Ted actions. Strict liability can be imposed on the manufacturing company without proof of negligence or fault provided there are injuries which are provided in this case (Van Dam, 2011).
The defendant can evade the claim by proving that the plaintiff’s actions were a misuse and abuse of the product in a way that was not intended or foreseen. Thus, the injury and damage are not entirely the defendant but the plaintiff’s.
Part B
The civil cases main parties involved are the plaintiff as Starbucks Corporation and Starbucks U.S Brand whereas on the defendant side is the Wolfe. The intellectual dispute involved in this case is federal trademark infringement and unfair competition. The case holds some degree of similarity in the federal. Trademark between Starbuck and Charbucks mark contain some similarity that affected the trademark of the two companies. The case was ruled against Starbucks; the court claimed there was a trademark dilution that caused unfair competition between the two companies
References
Matheson, J.A. & Gelchinsky, J. M. (2010). Starbucks Corp. v. Wolfe�s Borough Coffee, Inc.,
Police Action to be Just to the Rights of Individuals Police officers have a vast amount of discretionary authority that is used in their daily duties protecting citizens and communities.
Police Action to be Just to the Rights of Individuals
At times, police
officers find themselves in situations where a quick decision to save lives or their own lives can violate the rights of individuals, no matter if they are
criminals. Police brutality is an issue that has provided headlines and riots with communities demanding for justice by sentencing police officers harshly
because of the discretionary authority that they abuse.
Do you agree that for police action to be just, it must recognize the rights of individuals while at the same time hold them accountable to the social
obligations defined by law? Support your position.
Have the courts provided adequate protection to citizens against overzealous police officers? In which areas of search and seizure and interrogation law do
you think the courts have not gone far enough? In which areas do you think the courts have gone too far? Support your answers.
•Address the following in 1,000–1,250 words: ?Read and brief the following cases: ¦Edwards v. South Carolina, 372 U.S. 229 (1963)
¦Adderley v. Florida, 385 U.S. 39 (1966)
¦U.S. v. Wise, 221 F.3d 140 (5th Cir. 2000)
¦U.S. v. Bailey, 444 U.S. 394 (1980)
?Your case brief should follow the format below: ¦Title: Title of the selected case
¦Facts: Summary of the events, court timeline, evidence, and so forth
¦Issues: Issues that were present in this case
¦Decisions: The court’s decision and the conclusion to the case
¦Reasoning: The rationale behind the final decision
¦Dissenting opinions: Any dissenting opinions, and an explanation of what they were and why they were raised
?Define disorderly conduct. Explain why the protest of one group was upheld while the other was not.
Two angry students sent e-mails from Texas to government agencies, such as the FBI in California, U.S. Customs in New York, the ATF, the Secret Service, and the Correspondence Office of the President. The e-mails contained threats to blow up a building in protest over U.S. involvement in several controversial international issues. The students were arrested and charged with threats to use weapons of mass destruction. A search of the students’ homes and dormitories did not reveal any bomb making materials.
•Will the government be successful and obtain a conviction? Explain your answer.
Inmate Grady was working during his shift on the landscape detail at a very large camp with no fences. He and some other prisoners had hidden some homemade moonshine under a rock. Inmate Grady drank the little bit of moonshine that was left. During inmate count, Officer Giles discovers that inmate Grady is missing. A search ensues, and the officers find inmate Grady down the street from the camp asleep under a tree. Inmate Grady argues that he got drunk and lost and could not find his way back to the dormitory.
•What charges can be brought against inmate Grady? Explain in detail.
SAMPLE ANSWER
Title
In this paper, the case by the title United States v. Bailey 444 U.S. 394 (1980) will be addressed by exploring more information such as the facts, decisions, and opinions concerning the case (Swaim, 2014). The respondents, in this case, were indicted for having escaped the jail in District of Columbia thus violating 18 U.S.C. 751 (a).
Summary of the events, court timeline, evidence,
The law is used in governing of escape from the prisons commonly known as the federal custody. The respondents, in this case, were the walker, Cooley, and Bailey (Swaim, 2014). They had crawled out of the federal prisons and escaped through the window. The three respondents had been at large for about three months after escaping the prison but were recaptured and charged with the violation of the law. The respondents gave some of their reasons as to why they had escaped the hospital by highlighting horrible living conditions, threats of murder or beatings and also frequent cases of fires as some of the major reasons (Yu, 2014). The evidence provided by the defendants in the case proves that there were instances where the prisoners were beaten and threatened with death. The prison conditions are said to have adduced duress. The jury of instructions of the duress was not submitted to the trial court. The convictions were thus reversed by the court of appeal due to improper preclusion of the considered respondent’s juries. Adducing the evidence to the prison’s events and conditions made them give reasons that necessitated their escape (Swaim, 2014).
Issues
The main issue, in this case, was whether there was enough evidence that could be used for constituting duress during the submission of the jury. The trial court had demanded that the defendants provide sufficient proof that they were ready to surrender as an attempt. The attempt to surrender is said to be after escaping and freeing themselves from the described conditions. The court held that the prisoners were indicted for escaping the prison and not the failure to surrender after fleeing themselves from custody (Webb, 2014). Escaping from the federal custody was the issue presented as it’s an offense to leave and fail to come back after initial departure from prison.
Decision and conclusion to the case
There were decisions made and ruling that was given by the court after the presentation of the issues concerning the case between United States v. Bailey (Webb, 2014). The criminal conduct was excused by the duress as the actor was under threat of imminent death which is unlawful in nature. The risk of getting serious bodily harm and other reasons led them to violate the literal terms as per the criminal law. The court of appeal decision and ruling was reversed on the basis that the respondents failed to submit enough evidence required by the court. The defenses necessary to the juries and also the duress did not meet the sufficient evidence to support themselves fully (Braithewaite, 2013). The proper instruction of the juries had occurred during the ruling of the court on the case.
The rationale behind the final decision
When the respondents had failed to provide the sufficient evidence required in court to rule the case in their favor. By the law, the court decided that the defense had failed to provide the necessary information as support for the duress. The failure of the defense to come back to the prison could not be seen as the inability to claim the necessity for escape entirely (Braithewaite, 2013). They could have avoided returning to the prisons so as not to undergo the same atrocities they had faced previously. The failure to return was to be investigated and decided by the jury. The convictions were reversed by the appellate court. The jury considerations of the evidence provided by the respondent had been precluded improperly.
Dissenting opinions
The modern cases in court usually blur the line between necessity and duress. When one acts under some conditions that cannot be tolerated or threats, one can claim duress of the act they commit leading to the violation of the law (Braithewaite, 2013). The act or criminal action may have prevented more harm and serious implications that necessitate the one to go ahead and do some actions due to inability to cope or resist. The defense of the duress failed when there was a better alternative to undertaking rather than commit the crime while trying to escape threatened harm. In this case, breaking the law should not be used as the defense for the criminal actions. In the case of the USA vs. Bailey, the defense is supposed to offer the initial defense for escaping (Swaim, 2014). When the initial duress element is subsided, more sufficient and present evidence have to be provided again.
Title Edwards vs. South Calorina(1963)
Facts
In this case, which occurred in the South Carolina of USA, there were protest demonstrations by the African-Americans. The protests were against the government offices by compelling them to end discriminations and fully restore the citizens’ privileges(Webb,2014). The protestors were 187 in number while the case was handled by the Supreme Court, 1963, 2011.
Issues
Breach of peace was the charge imposed on the protestors after the incident had occurred. Based on the 14 amendments to the law process, they went on to appeal the conviction imposed on them (Swaim, 2014). The defendants believe that the court does not have sufficient evidence to convict them of breach of peace.
Decision
The initial trial in the court led conviction of the participants in the protests where they also attracted some sentence. The convicted faced up to $100 fine for 30 days or $10 penalty fines in 5 days. The convictions were however reversed Mr. Stewarts, who like the appeal judge for the case (Swaim, 2014). Mr. Justice thus had a dissenting opinion regarding the reversed convictions.
Reasoning
The basis of convictions as the original charges leveled against the protestors which are the breach of peace. Judge Stewart made a review of some 17 cases to make the decision. He came up with the ruling that the charge did not warrant a conviction due to insufficient evidence (Webb, 2014). In this case, the prosecution lacked enough evidence to support the conviction.
Dissenting opinions
Justice Clark gave a dissenting opinion based on that the government offices were in session, and also the city manager took the action of arresting the protestors to avoid the unnecessary chaos. In this case, Justice Clark affirmed the convictions. He was of the opinion that rage would be evoked on the citizens once the riots were uncontrollable.
Title Wise Vs USA (2000)
Facts
In this case, John Cain reported a case to the FBI by his member’s actions within the Texas Republic. Cain prepared some evidence of the terrorist behavior since March-July 1998.The compiled evidence included the threat to harm others, developing threats to the government through emails by Oliver Dean Emigh and also Johnie Wise.
Issues
Sending of the threatening messages which occurred through emails is the main issues in this case. The emails were then sent to the government officials. Cain as able to direct the FBI to the prepared plan by Wise (Yu, 2014).The decision by Wise regarding the threatening messages was reported to Sharkey, the agent. The involvement of the agent occurred when the action plans by Wise to hurt somebody was reported to him.
Decisions
Counts 5 and 6 were used in the conviction of Grebe and Wise during the original trial. Emigh was acquitted on all counts that were leveled against him during the case (Braithewaite, 2013). Wise was of the thought that the court had insufficient evidence to carry on with the conviction. Wise appealed as he believed that the court was provided with inappropriate instructions. The poor conduct by the case prosecutor was the main basis of argument.
Reasoning
The court of appeal agrees and credits the evidence as enough to convict Grebe and Wise (Yu,2014). The Conspiracy to commit crimes against the government of USA was the charge.
Dissenting opinion
The case had no dissenting opinions presented during all its stages.
Title Florida (USA) vs. Adderley
In this case, 32 students were arrested and convictions leveled against based on the charge, trespass with mischievous intent (Yu, 2014). The protest had occurred outside the government custody in Florida.
Issues
The main issues raised in this case were right to petition, fourteenth amendment and also freedom of assembly. The issues were the due process as the freedom of speech factors was also raised.
Decisions
The law interpretation and enforcement statue in the statue provided the court with sufficient evidence to prove the defendants guilty of their charges(Braithewaite,2013). The court was thus convicted Adderly and other 31 students. Judge Black upheld the convictions by the court during the appeal process.
Reasoning
The Edwards vs USA case was referenced by Adderley during the petition on the basis of protests. However, the basis of arrest for the both cases was not similar in nature to the breach of peace and trespass laws differ significantly (Swaim, 2014). The protests, in this case, did not involve the public property as compared to the referenced case. Adderley thus had insufficient reasons to win during the petition.
Dissenting opinions
Judges Fortes and Douglas gave their dissenting opinions that the convictions were unjust (Braithewaite, 2013). They justified the protest by regarding the jail property as common ground to trigger the actions by the students.
The disorderly act will constitute of the unruly acts that attract the criminal charges depending on the law statues of a given state or country (Larkin, 2013). Behaving in a disruptive manner could lead to charges regarded as disorderly conduct. The interpretation of the disorderly act makes the court determine whether to uphold the protests of one group or another. The type of evidence provided that is beyond any reasonable doubt could be used in setting up a group if found to have violated any law (Braithewaite, 2013). In this case, the determination of the extent of violations and reasons for protests makes one group to be upheld and the other not.
Sufficiency of evidence could be used by the government to convict the two students with the bomb threats. In the case where the weapon is not found, the witness credibility could depend upon during the conviction of the students in questions. If the witness is by any chance believed, the defendant could in such a case be convicted. It will not be easy for the government to convict the students as the prosecution bears a big burden to proof that the students are guilty (Swaim, 2014). The students can only be found to be guilty if the evidence is presented to the jury. The prosecution is only relying on the email to convict the students and bind them in the trial court. In this case, the government might only be successful to convict the students if there is sufficient evidence beyond any reasonable doubt.
More punishment can be handed to a prisoner who is found to have taken alcohol. The correctional facility has to confirm if he is guilty. It was a capital punishment when the inmate was found to have been drunk. The prisoner could be convicted in a court of law as it is illegal to be found in possession of products such as alcohol (Larkin,2013). The sufficient evidence will be used to convict the inmate where a punishment will be levied on him. Confinement is one of the punishments that the inmate will face and also forfeiture of benefits and allowances might also come his way.
References
Braithwaite, J. (2013). Inequality, Crime and Public Policy (Routledge Revivals). Routledge.
Larkin Jr, P. J. (2013). Stops and Frisks, Race, and the Constitution. Geo. Wash. L. Rev., 82, 1.
Swaim, J. A. (2014). Bailey v. United States: the Supreme Court’s Futile Attempt at Setting Boundaries around a Borderless Rule. Loy. L. Rev., 60, 355.
Webb, E. B. (2014). Aiding and Abetting Section 924 (C) Offenses: An Analysis of Rosemond v. United States’ Withdrawal Rule. Geo. Mason L. Rev., 22, 1.
Yu, B. (2014). Criminal Ambiguity: Redefining the Clean Water Act’s Mens Rea Requirements. Seton Hall Cir. Rev., 11, 327.
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