Case Law Assignment Questions Essay
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages To Order 5-10 Pages Description/Paper Instructions
Pick a topic of in interest and express it in a few simple words—for instance, the words “real estate fraud” or “false imprisonment” or “battery.” You can also add more specific words such as “store” or “stress” or “weapon.” Then add the name of a court with your words—for instance “Oregon Court of Appeals” Google these terms. Many published cases will appear.
(Independent contractor versus Employee Status Only. These are just examples of case citations. You may brief any case you want on these or any other topic such as employment law, general business law, etc.!)
Source: http://www.leg.state.or.us/ors/annos/670ano.htm
NOTES OF DECISIONS
All eight elements must be satisfied before worker is considered independent contractor. Liberty Northwest Ins. Corp. v. Potts, 119 Or App 252, 850 P2d 1135 (1993); HDG Enterprises v. Natl. Council on Comp. Ins., 121 Or App 513, 856 P2d 1037 (1993)
Specification that work meet industry standard, even where only one method exists to achieve industry standard, does not give direction and control over means and manner of providing labor or services. B. King Construction, Inc. v. Natl. Council on Comp. Ins., 120 Or App 420, 852 P2d 927 (1993)
“Direction and control” refers to judicially created “right to control” test applied in conjunction with ORS 656.005, not actual control. S-W Floor Cover Shop v. National Council on Comp. Ins., 318 Or 614, 872 P2d 1 (1994)
Person found not to be worker is not subject to workers’ compensation coverage, so determination of person’s status as independent contractor is unnecessary. S-W Floor Cover Shop v. National Council on Comp. Ins., 318 Or 614, 872 P2d 1 (1994); Blackledge Furniture Co., Inc. v. National Council on Comp. Ins., 318 Or 632, 872 P2d 10 (1994); Lake Oswego Hunt, Inc. v. National Council on Comp. Ins., 318 Or 636, 872 P2d 12 (1994)
Meeting required number of criteria to qualify as independently established business fulfills requirement that representation of independent business status be made to public. Petersen v. Employment Dept., 135 Or App 344, 898 P2d 210 (1995)
Where determination regarding independent contractor status has been made under one of listed chapters, subsequent action by other agency under different listed chapter must be consistent with initial determination unless agency in subsequent action provides reasoned explanation for inconsistency. Kaib’s Roving R.Ph. Agency v. Employment Department, 161 Or App 290, 984 P2d 886 (1999)
Requirement that alleged employer prove by four or more listed factors that individual or business entity is engaged in independently established business applies only where alleged employer satisfies tax return criteria by establishing that individual or entity did not perform labor or services as independent contractor in previous year. Canvasser Services, Inc. v. Employment Dept., 163 Or App 270, 987 P2d 562 (1999), Sup Ct review denied
Assignment 2
“Partnership Troubles”
Facts
Three (3) persons decided to develop commercial property (e.g. plan, build and sell office space and retail outlets on the property) under an arrangement where one person would contribute the land (the “Real Property Person), the second person would provide planning and development advice (the “Knowledge Person”), and the third would list the houses for sale in her real estate agency (the “Sales Person”).
All three had been very best friends for years, and each felt that it would not be necessary to hire accountants and lawyers and others to assist in the venture or to put anything in writing. The three agreed to name their venture “Blue Sky Ventures” and shook hands.
The Real Property Person immediately transferred the land to “Blue Sky Ventures” using proper procedures (the transfer procedures used for the transfer are not at issue in your response).
The Knowledge Person had no money, but had considerable experience developing property. Similarly, the Sales Person had no money, but had considerable experience selling property.
The land was worth one million dollars (i.e. in its undeveloped state).
About a year passed, but no one did anything because each was easily distracted and became busy with other ventures.
Unfortunately, a severe economic downturn (i.e. an economic recession) occurred, making the project far less profitable. On top of this, the local government made it very difficult to build anything on the land due by establishing new regulations emphasizing growth control, environmental protection (the land included wetland areas that supported rare and endangered lizards), and aesthetics (the land was so strikingly beautiful that scholars and poets flocked to it each year for inspiration).
Research
This question can be answered based on basic partnership principles covered the text(s), the PowerPoint presentation, ORS Chapter 67.005 (definitions) and within ORS 67.040 – 67.340, which can be found at https://www.oregonlaws.org/ors/chapter/67 ).
Response
Please answer the following. Please support your responses with authority (statutes, regulations, the principles and practices described in the readings, and your own rationale).
Be sure to address the following:
1.. Is this a binding agreement (i.e. legally enforceable in court) even though it was not in writing? If it is, what is the probable status of the relationship between the Capital Person and the two others? Why?
- Who owns the property? What is each person’s ownership interest?
- Who has control over the venture?
- What should have been done differently–and why—to provide a more logical, fair, and
business–minded expected result?
A typical, concisely-written response should take two to four double-spaced, typewritten pages.
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. The can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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