A1 Business Basis of Discrimination on National Origin Case Briefs
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
Answer the following questions based upon your assigned readings and class materials. PLEASE CITE YOUR SOURCES (including the text and slides). Please be advised that by relying on material outside the course may give information that is not as discussed or presented in class and will not provide additional credit.
Your answers must be in complete sentences and free of typographical errors
. Your writing assignment must be saved as either as WORD documents or in PDF, with doublespaced, 1” margins. The assignment must be well written and professional in appearance. Your completed assignment must be uploaded onto Blackboard for submission. NO OTHER FORMATS WILL BE ACCEPTED.
FOR THIS ASSIGNMENT, EACH RESPONSE MUST FOLLOW THE FOLLOWING SHORTENED CASE BRIEF OUTLINE:
ISSUE:
RULE:
HOLDING:
REASONING:
The rule will be the applicable law to answer the identified issue, including its elements, if relevant. The reasoning must apply the facts from the fact pattern to the law (rule) and its applicable elements and/or exceptions.
The plaintiff, Amir Peleg, is a gay Jewish male of Israeli national origin. He worked at Neiman Marcus store in Beverly Hills from December 28, 2005-February 21, 2008. The store is owned by the defendant, Nieman Marcus Group, Inc. Peleg worked in the fragrances department and performed his duties in an exemplary manner. Peleg alleges that on February 21, 2008, he was discharged because of his national origin, religion, and sexual orientation in violation of California Fair Employment & Housing Act (FEHA).1 Neiman Marcus responded to the complaint with a motion to compel arbitration of the entire case.
The company at the time of hiring, Peleg, provided him with its “Mandatory Arbitration Agreement.” Peleg asserts that the arbitration agreement is illusory and therefore, unenforceable. Peleg relies on the following language:
DO NOT REFERENCE THIS LAW. IT IS NOT APPLICABLE TO THE PURPOSES OF THIS QUESTION. IT IS ONLY HERE TO SET UP THE FACTS.
All case summaries were drafted by McGraw Hill 2018
“This Agreement to arbitrate shall survive the termination of the employeremployee relationship . . . and shall apply to any covered Claim whether it arises or is asserted during or after termination of the Covered Employee’s employment . . . This Agreement can be amended, modified, or revoked in writing by the Company at any time, but with thirty (30) days’ advance notice . . . However, any amendment, modification or revocation will have no effect on any Claim that was filed for arbitration prior to the effective date of such amendment, modification or revocation.
As the judge, what do you decide? Is the contract illusory? Explain your reasoning in the shortened case brief format.
NOTE: To have a full analysis, you must apply the facts to the rule.
The parties’ marriage was dissolved on August 27, 2010. The parties had an agreement which the court incorporated into its judgment of dissolution. On February 11, 2015, Defendant filed a Motion to Open the Judgment, alleging that he was subjected to continuous threatening and harassing behavior by Plaintiff which resulted in his concession to the terms of the Separation Agreement, that was incorporated into the judgment.
Defendant claimed that he suffered from Attention Deficient Hyperactivity Disorder (ADHA) for years and was therefore, more susceptible to manipulation, coercion and duress than the average reasonable person.
Defendant was diagnosed with ADHD in 2012. He returned to his therapist in 2015 asking about the effect of the ADHD would have on his life. The therapist did not know him in 2010, but explained that adults with ADHD are usually more susceptible to manipulation and coercion than someone without ADHD.
At the time leading up to the divorce, Defendant explained that Plaintiff was diagnosed with a life-threatening illness. Three months later, they separated and then she filed the legal action. Plaintiff hired an attorney who drafted a proposal for settlement. Plaintiff suggested that he didn’t need an attorney and that they can use a mediator or her attorney to facilitate a settlement. Defendant DID hire an attorney who advised him not to sign the settlement agreement.
Do you think the court found sufficient elements for fraud that it would reopen the case? Why or why not?
NOTE: To have a full analysis, you must apply the facts to the rule.
Vincent Simmons appeals from the trial court’s order awarding his wife, Dorothy Simmons, a one-half interest in land that he inherited from his parents. Vincent contends that the property is non-marital and therefore, should have remained his separate property (and not subject to the divorce proceeding between him and his wife).
All case summaries were drafted by McGraw Hill 2018
Vincent and Dorothy were married October 9, 1976. On April 11, 1995, Vincent’s mother put her land, in Trust, conveying her interest in the land, upon death, to her children. Vincent’s mother died on April 1, 1999, but the property remained in Trust for several years after her death.
After Vincent’s mother’s death, Dorothy, became concerned that she would not receive an interest in the property if Vincent died before her. Dorothy hired an attorney who drafted an Affidavit for Vincent to sign that read (in part):
I have been married to my wife, Dorothy Simmons, for 25 years. It is my intention, through this Affidavit, to convey to my wife marital interest in said real property [Vincent’s mother’s property]. If I should die prior to the above-stated Trust being dissolved, then my said wife shall be entitled to her legal marital interest in said real property.
The Trust was distributed to Vincent in November 2002 and Dorothy filed for a divorce in February 2003. The parties agreed on all terms for the divorce, except on the property previously owned by Vincent’s mother. Vincent argues that the Affidavit is not a contract because it lacks consideration and therefore, there is no contract. Dorothy says that her continued marriage to Vincent was the consideration to support the contract.
Do you think there was a contract? What rule applies?
NOTE: To have a full analysis, you must apply the facts to the rule.
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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