Case Briefs on the A1 Business Basis of Discrimination Based on National Origin
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
Description of the question
Based on your prescribed readings and class materials, answer the following questions. REMEMBER TO MENTION YOUR SOURCES (including the text and slides). Please be aware that depending on materials outside of the course may provide information that differs from what was discussed or presented in class, and will not get you extra credit.
Your responses must be written in whole sentences with no typographical errors.
. Save your writing assignment as a WORD document or a PDF file with double-spaced 1” margins. The task must be well-written and presented in a professional manner. For submission, you must upload your completed assignment to Blackboard. THERE WILL BE NO OTHER FORMATS ACCEPTED.
EACH RESPONSE FOR THIS ASSIGNMENT MUST FOLLOW THE SHORT CASE BRIEF OUTLINE BELOW:
ISSUE:
RULE:
HOLDING:
REASONING:
If applicable, the rule will be the applicable statute to address the specified issue, including its aspects. The facts from the fact pattern must be applied to the law (rule) and its applicable elements and/or exceptions.
Amir Peleg, the plaintiff, is a gay Jewish man of Israeli descent. From December 28, 2005 to February 21, 2008, he worked in the Beverly Hills Neiman Marcus shop. The defendant, Nieman Marcus Group, Inc., owns the store. Peleg worked in the fragrances department and was exceptional at what he did. Peleg claims he was fired on February 21, 2008, in violation of the California Fair Employment and Housing Act, because of his national origin, religion, and sexual orientation (FEHA). 1 Neiman Marcus filed a move to compel arbitration of the entire matter in response to the complaint.
Peleg received a copy of the company’s “Mandatory Arbitration Agreement” when he was hired. Peleg claims that the arbitration agreement is merely fictitious and thus unenforceable. Peleg employs the following phrasing:
THIS LAW SHOULD NOT BE REFERRED TO. IT DOESN’T APPLY TO THE OBJECTIVES OF THIS QUESTION. ITS ONLY PURPOSE IS TO ESTABLISH THE FACTS.
McGraw Hill 2018 wrote all of the case summaries.
“This Agreement to Arbitrate shall survive the end of the employer-employee relationship… and shall apply to any covered Claim that arises or is brought during or after the Covered Employee’s employment…” The Company may revise, modify, or revoke this Agreement at any time in writing, but only with thirty (30) days’ notice… Any amendment, modification, or revocation, on the other hand, will have no effect on any Claim filed for arbitration prior to the effective date of the amendment, modification, or revocation.
What would you do if you were the judge? Is this a fictitious contract? In a shorter case brief format, explain your reasons.
NOTE: You must apply the facts to the rule in order to get a complete analysis.
On August 27, 2010, the parties’ marriage was annulled. The court adopted the parties’ agreement into its decision of dissolution. Defendant filed a Motion to Open the Judgment on February 11, 2015, saying that Plaintiff had repeatedly threatened and harassed him, leading to his surrender to the conditions of the Separation Agreement, which was included into the judgment.
Defendant stated that he had ADHD for years and was thus more vulnerable to manipulation, coercion, and duress than the ordinary rational person.
In 2012, the defendant was diagnosed with ADHD. In 2015, he went back to his therapist and inquired about the impact ADHD will have on his life. In 2010, the therapist didn’t know him, but stated that adults with ADHD are more prone to manipulation and coercion than those who don’t have the disorder.
Plaintiff had been diagnosed with a life-threatening disease, according to Defendant, at the time of the divorce. They split up three months later, and she filed the legal case. Plaintiff engaged an attorney who developed a settlement proposal. Plaintiff stated that he didn’t need an attorney and that they could reach an agreement with the help of a mediator or her attorney. Defendant DID retain counsel, who counseled him against signing the settlement arrangement.
Do you believe the court found enough evidence of fraud to warrant reopening the case? Why do you think that is?
NOTE: You must apply the facts to the rule in order to get a complete analysis.
Vincent Simmons challenges the trial court’s decision to give his wife, Dorothy Simmons, a half-interest in the land he received from his parents. Vincent claims that the property is not marital in nature and hence should have remained his independent property (and not subject to the divorce proceeding between him and his wife).
McGraw Hill 2018 wrote all of the case summaries.
On October 9, 1976, Vincent and Dorothy married. Vincent’s mother put her land in trust on April 11, 1995, transferring her interest in the land to her children upon her death. Vincent’s mother passed away on April 1, 1999, but the property remained in Trust for several years.
Dorothy felt anxious after Vincent’s mother died that if Vincent died before her, she would lose her interest in the property. Dorothy enlisted the help of an attorney, who produced an Affidavit for Vincent to sign, which stated in part:
My wife, Dorothy Simmons, and I have been married for 25 years. It is my aim to impart to my wife marital interest in said real property [Vincent’s mother’s property] through this Affidavit. My said wife will be entitled to her legal marital stake in said real property if I die before the above-stated Trust is dissolved.
Vincent received the Trust in November 2002, and Dorothy filed for divorce in February 2003. Except for the property previously owned by Vincent’s mother, the parties agreed on the terms of the divorce. Vincent claims that the Affidavit is not a contract because there is no consideration, and hence no contract exists. Dorothy claims that the contract was supported because of her prolonged marriage to Vincent.
Do you believe there was an agreement? Which rule is in effect?
NOTE: You must apply the facts to the rule in order to get a complete analysis.
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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