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
1. Page 181, Question 7-8 In Your Court: Criminal Liability and Sentencing. Gavin, a fifteen-year-old student, was eating lunch on the grounds of a school. He threw a half-eaten apple toward the outside wall of a classroom some distance away. The apple sailed through a slowly closing door and struck a teacher who was in the room. The teacher was knocked to the floor and lost consciousness for a few minutes. Gavin was charged with assault by any means of force likely to produce great bodily injury. Gavin stated that he did not intend to hit the teacher but only intended to see the apple splatter against the outside wall. Assume that you are one of the judges on the appellate court panel reviewing this case and answer the following questions. (See Criminal Liability.) 1. What are the two elements of criminal liability? Are both elements present in this case? 2. The trial court convicted Gavin, among other things, to send a message to his classmates that his actions were wrong. Is this a sufficient reason, in itself, to convict a defendant such as Gavin? Why or why not?
Miller, Roger LeRoy. Cengage Advantage Books: Essentials of the Legal Environment Today (p. 181). Cengage Learning. Kindle Edition.
2. Page 247, Question 10-2
102. Doing Business Internationally. Macrotech, Inc., develops an innovative computer chip and obtains a patent on it. The firm markets the chip under the trade-marked brand name Flash. Macrotech wants to sell the chip to Nitron, Ltd., in Pacifica, a foreign country. Macrotech is concerned, however, that after an initial purchase, Nitron will duplicate the chip, pirate it, and sell the pirated version to computer manufacturers in Pacifica. To avoid this possibility, Macrotech could establish its own manufacturing facility in Pacifica, but it does not want to do this. How can Macrotech, without establishing a manufacturing facility in Pacifica, protect Flash from being pirated by Nitron? (See Doing Business Internationally.) 103. Dumping. Nuclear power plants use low-enriched uranium
Miller, Roger LeRoy. Cengage Advantage Books: Essentials of the Legal Environment Today (p. 247). Cengage Learning. Kindle Edition.
3. Page 434, Question 16-2 Spotlight on Coca ColaFamily and Medical Leave Act. Jennifer Willis worked for Coca Cola Enterprises, Inc. (CCE), in Louisiana as a senior account manager. On a Monday in May 2003, Willis called her supervisor to tell him that she was sick and would not be able to work that day. She also said that she was pregnant, but she did not say she was sick because of the pregnancy. On Tuesday, she called to ask where to report to work and was told that she could not return without a doctors release. She said that she had a doctors appointment on Wednesday, which her supervisor understood to be the next day. Willis meant the following Wednesday. For more than a week, Willis did not contact CCE. When she returned to work, she was told that she had violated CCEs No Call/No Show policy. Under this policy an employee absent from work for three consecutive days without notifying the supervisor during that period will be considered to have voluntarily resigned. She was fired. Willis filed a suit in a federal district court against CCE under the Family and Medical Leave Act (FMLA). To be eligible for FMLA leave, an employee must inform an employer of the reason for the leave. Did Willis meet this requirement? Did CCEs response to Williss absence violate the FMLA? Explain. [Willis v. Coca Cola Enterprises, Inc., 445 F.3d 413 (5th Cir. 2006)] (See Family and Medical Leave.) 163. Minimum Wage. Misty Cumbie worked
Miller, Roger LeRoy. Cengage Advantage Books: Essentials of the Legal Environment Today (p. 434). Cengage Learning. Kindle Edition.
4. Page 456, Question 17-9
A Question of EthicsDiscrimination Based on Disability. Titan Distribution, Inc., employed Quintak, Inc., to run its tire mounting and distribution operation in Des Moines, Iowa. Robert Chalfant worked for Quintak as a second-shift supervisor at Titan. He suffered a heart attack in 1992 and underwent heart bypass surgery in 1997. He also had arthritis. In July 2002, Titan decided to terminate Quintak. Chalfant applied to work at Titan. On his application, he described himself as having a disability. After a physical exam, Titans doctor concluded that Chalfant could work in his current capacity, and he was notified that he would be hired. Despite the notice, Nadis Barucic, a Titan employee, wrote not pass px at the top of Chalfants application, and he was not hired. He took a job with AMPCO Systems, a parking ramp management company. This work involved walking up to five miles a day and lifting more weight than he had at Titan. In September, Titan eliminated its second shift. Chalfant filed a suit in a federal district court against Titan, in part, under the Americans with Disabilities Act (ADA). Titan argued that the reason it had not hired Chalfant was not that he did not pass the physical, but no oneincluding Baruciccould explain why she had written not pass px on his application. Later, Titan claimed that Chalfant was not hired because the entire second shift was going to be eliminated. [Chalfant v. Titan Distribution, Inc., 475 F.3d 982 (8th Cir. 2007)] (See Discrimination Based on Disability.) 1. What must Chalfant establish to make his case under the ADA? Can he meet these requirements? Explain. 2. In employment-discrimination cases, punitive damages can be appropriate when an employer acts with malice or reckless indifference to an employees protected rights. Would an award of punitive damages to Chalfant be appropriate in this case? Discuss.
Miller, Roger LeRoy. Cengage Advantage Books: Essentials of the Legal Environment Today (p. 456). Cengage Learning. Kindle Edition.
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. They 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. |
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