The law firm where you work as a paralegal conducts an in-service training for paralegals and other legal staff on a quarterly basis. You have been asked to be the presenter at an upcoming training.
As you work for attorneys who practice administrative law, you have decided to address that area of the law with the following content for your PowerPoint presentation:
Describe the history and purpose of the Administrative Procedure Act.
Discuss the importance of an agency’s enabling act.
Identify an example of one federal and one state government agency and list their powers.
Provide two or three questions for discussion on one slide at the end of your presentation. These will help the participants in the training discuss administrative law and how it impacts many in our society.
Category: Legal
You represent Katz and
must draft well-reasoned legal arguments to support his claim of self-defense
for each of the following scenarios. Make sure to successfully address possible
arguments that may be made by the prosecutor against the claims of self-defense.
Also, articulate and integrate at least 1 biblical principle that supports the
justification of self-defense for Katz.
a.
Assume that before Katz fired any shots, he said, “I have
no money.” Then the two youths turned their backs to Katz and moved a few feet
away from him, which is as far as they could move because they were at the end
of the car already. Katz takes aim at each youth and fires at their backs.
b.
Assume that instead of firing any shots, Katz shows the
handle of the gun to the four youths, and that he “flashes” it in a threatening
manner that suggests that he will use it if he is not left alone. Assume that
one of the youths does have a gun concealed in his jacket, and that in response
to Katz “flashing” of the gun, the youth pulls out his weapon and points it at
Katz. Katz immediately draws and fires at this youth.
Examine the legal system that your government
follows (your federal or state government). Compare
this legal system with 2 other systems that have been covered this session in the following order:
• Address 2
benefits of the legal system that your government follows, as well as 2
challenges.
(Minnesota state government, or US Federal government)
• Address 2
benefits of another legal system covered during this course, as well as 2
challenges
of that legal system. (Talmudic legal system)
• Address 2
benefits of another legal system covered during this course, as well as 2
challenges
of that legal system. (Civil law traditions)
• Finally,
propose a solution to at least 1 of the challenges that your system currently
faces, this proposed solution may appear either immediately after
the benefits and challenges of your system, or at the
end of the essay.
Your essay
must be 5–6 pages in current Bluebook format not MLA or APA and contain at least 5 scholarly sources in addition
to/other than the course textbook and the Bible. Include headings for clear
organization. Cover Pages will not count toward the page total, and
your citations should be in-text citations (not footnotes, endnotes,
reference
pages, etc.)
Assignment: You are working as a paralegal for Justice Fore, Esq. and have been asked to review the facts presented, research to determine the appropriate action and draft a demand letter.
Please see the facts below:
Brianna Majors lives at 220 East Street, Orange Beach, Alabama, 36561, in apartment 102. Brianna is differently abled and uses assistance devices for mobility including a motorized wheeled chair or a walker. Brianna has lived at this residence for six years. When she moved into the apartment, the landlord updated the space to meet ADA guidelines for accessibility as well as expanding the pathway to accommodate wheeled devices. Brianna loves living there. Recently, the landlord passed away and the property was sold to a large corporation, Rentals4U. Rentals4U corporate is located at 112233 City Ranch Road, Birmingham, Alabama, 35203. Rentals4U is now the landlord and owner of Brianna’s apartment and to whom she is sending her $2600 monthly rental fee. There is no longer a manager on site, and she must call an 800 number to speak to anyone about the property.
The current lease includes the following language:
“In the event of a hurricane or other severe storm, the Landlord shall keep the property free of obstacles and hazards on all accessways, passages and pathways. The Landlord will be responsible for securing the building, including installation of hurricane shutters, and securing of the premises surrounding prior to the storm. The resident will be responsible for securing their personal items and any outside items prior to the storm’s arrival. Within 24 hours following the storm, Residents shall notice the Landlord of any damage sustained by calling the main office and an evaluation shall be completed by Landlord. If it is found the storm resulted in damage to the building or our surrounding areas, the Landlord will seek to remedy any damages or remove any debris within 48 hours. The Landlord will facilitate further remediation and repairs as soon as possible at the Landlord’s cost. If the premise is found to be uninhabitable, the resident will be responsible for their own accommodation until such time as the building can be restored but will not be responsible for pro-rated rent during the disruption.”
One week ago, Tropical Storm Igor blew through causing wind and flood damage across the area. Brianna took great lengths to secure her apartment from flooding, managing to keep the water at bay. However, her neighbor was traveling outside the country and did not prepare his residence. The flood water reached 2 inches inside the home and seeped through to Brianna’s adjoining wall. Further, a large crepe myrtle tree fell over in the storm, completely blocking the entrance to the building. Brianna is unable to access the building from the front and must wheel over terrain to get to the side door of her apartment as the pathway has been washed out. Brianna called the 800 number and left a message for Rentals4U the day after the storm explaining the damage and the blocking of the accessway. She has called daily every day since. After day three, the mold smell started to permeate her residence and she became quite concerned.
Four days after the storm, Brianna consulted a mold remediation company to help combat the mold forming from the lack of repair to the unit next door. She contacted her neighbor who will not be home for another four weeks. He has granted her permission to enter his residence, air it out and begin remediation. He reminded Brianna that the lease contains a clause about storms and their responsibility is to contact the Landlord. The Landlord is responsible for the costs of repairs, but Brianna does not want to wait any longer for fear the mold will create further health concerns for her and completely ruin the walls in his apartment. Further, the Landlord is not responding to her calls or messages. The remediation company will charge $3,800 to take care of the mold in the apartments and needs to begin as soon as possible to prevent continuing damage, further costs, and potential health implications for residents. Further after the fourth day, Brianna paid a tree service at $560 to remove the fallen tree, so that she could have the needed access to her apartment.
Brianna has come into the office today, 8 days after the storm, to get some help enforcing the lease terms with Rentals4U. Brianna would like to have the company make good on their agreement and provide the support and repair necessary for the building and reimburse the costs incurred to remediate the damage. Brianna believes that she should be able to recoup the money paid for the cost of the tree removal. She would like the mold remediation to begin immediately as if it continues to grow, she will need to seek another place to stay until it has been removed.
Please construct a demand letter to Rentals4U outlining their obligations under the lease to assess and make repairs to the building. Further, include a monetary demand for reimbursement of the costs incurred by Brianna to secure her premises from further damage. The letter should be 1-2 pages (single spaced) outlining both the obligations of the Landlords to the renter and the efforts undertaken on prevent further damages to the property. Please use the template with letterhead included. Provide a specific time frame in which a response is expected and if not met, the potential remedy Brianna will seek.
Assignment: You are working as a paralegal for Justice Fore, Esq. and have been asked to review the facts presented, research to determine the appropriate action and draft a demand letter.
Please see the facts below:
Brianna Majors lives at 220 East Street, Orange Beach, Alabama, 36561, in apartment 102. Brianna is differently abled and uses assistance devices for mobility including a motorized wheeled chair or a walker. Brianna has lived at this residence for six years. When she moved into the apartment, the landlord updated the space to meet ADA guidelines for accessibility as well as expanding the pathway to accommodate wheeled devices. Brianna loves living there. Recently, the landlord passed away and the property was sold to a large corporation, Rentals4U. Rentals4U corporate is located at 112233 City Ranch Road, Birmingham, Alabama, 35203. Rentals4U is now the landlord and owner of Brianna’s apartment and to whom she is sending her $2600 monthly rental fee. There is no longer a manager on site, and she must call an 800 number to speak to anyone about the property.
The current lease includes the following language:
“In the event of a hurricane or other severe storm, the Landlord shall keep the property free of obstacles and hazards on all accessways, passages and pathways. The Landlord will be responsible for securing the building, including installation of hurricane shutters, and securing of the premises surrounding prior to the storm. The resident will be responsible for securing their personal items and any outside items prior to the storm’s arrival. Within 24 hours following the storm, Residents shall notice the Landlord of any damage sustained by calling the main office and an evaluation shall be completed by Landlord. If it is found the storm resulted in damage to the building or our surrounding areas, the Landlord will seek to remedy any damages or remove any debris within 48 hours. The Landlord will facilitate further remediation and repairs as soon as possible at the Landlord’s cost. If the premise is found to be uninhabitable, the resident will be responsible for their own accommodation until such time as the building can be restored but will not be responsible for pro-rated rent during the disruption.”
One week ago, Tropical Storm Igor blew through causing wind and flood damage across the area. Brianna took great lengths to secure her apartment from flooding, managing to keep the water at bay. However, her neighbor was traveling outside the country and did not prepare his residence. The flood water reached 2 inches inside the home and seeped through to Brianna’s adjoining wall. Further, a large crepe myrtle tree fell over in the storm, completely blocking the entrance to the building. Brianna is unable to access the building from the front and must wheel over terrain to get to the side door of her apartment as the pathway has been washed out. Brianna called the 800 number and left a message for Rentals4U the day after the storm explaining the damage and the blocking of the accessway. She has called daily every day since. After day three, the mold smell started to permeate her residence and she became quite concerned.
Four days after the storm, Brianna consulted a mold remediation company to help combat the mold forming from the lack of repair to the unit next door. She contacted her neighbor who will not be home for another four weeks. He has granted her permission to enter his residence, air it out and begin remediation. He reminded Brianna that the lease contains a clause about storms and their responsibility is to contact the Landlord. The Landlord is responsible for the costs of repairs, but Brianna does not want to wait any longer for fear the mold will create further health concerns for her and completely ruin the walls in his apartment. Further, the Landlord is not responding to her calls or messages. The remediation company will charge $3,800 to take care of the mold in the apartments and needs to begin as soon as possible to prevent continuing damage, further costs, and potential health implications for residents. Further after the fourth day, Brianna paid a tree service at $560 to remove the fallen tree, so that she could have the needed access to her apartment.
Brianna has come into the office today, 8 days after the storm, to get some help enforcing the lease terms with Rentals4U. Brianna would like to have the company make good on their agreement and provide the support and repair necessary for the building and reimburse the costs incurred to remediate the damage. Brianna believes that she should be able to recoup the money paid for the cost of the tree removal. She would like the mold remediation to begin immediately as if it continues to grow, she will need to seek another place to stay until it has been removed.
Please construct a demand letter to Rentals4U outlining their obligations under the lease to assess and make repairs to the building. Further, include a monetary demand for reimbursement of the costs incurred by Brianna to secure her premises from further damage. The letter should be 1-2 pages (single spaced) outlining both the obligations of the Landlords to the renter and the efforts undertaken on prevent further damages to the property. Please use the template with letterhead included. Provide a specific time frame in which a response is expected and if not met, the potential remedy Brianna will seek.
Our American government follows the principle of federalism, in which both the federal government and state governments coexist and make laws within their own designated realms. In this assignment, you will have the opportunity to learn about federalism and the role played by the federal government and state governments in the lawmaking process.
Instructions:
Based on your textbook reading and other research, write a 2–3 page paper thoroughly addressing the following questions:
Describe the organization and structure of the American legal system by discussing the three branches of the federal government and the three branches of state government. Also, describe the different roles and powers of the federal and state governments under the U.S. Constitution.
Describe the source and purpose of the Supremacy Clause and explain what happens when there is a direct conflict between federal and state law. Discuss an example of a case involving the Supremacy Clause.
Reflect the strategies used to research federalism and the role it plays. Summarize how search terms were used, what databases were referenced, and how reliable sources were identified and sorted.
Our American government follows the principle of federalism, in which both the federal government and state governments coexist and make laws within their own designated realms. In this assignment, you will have the opportunity to learn about federalism and the role played by the federal government and state governments in the lawmaking process.
Instructions:
Based on your textbook reading and other research, write a 2–3 page paper thoroughly addressing the following questions:
Describe the organization and structure of the American legal system by discussing the three branches of the federal government and the three branches of state government. Also, describe the different roles and powers of the federal and state governments under the U.S. Constitution.
Describe the source and purpose of the Supremacy Clause and explain what happens when there is a direct conflict between federal and state law. Discuss an example of a case involving the Supremacy Clause.
Reflect the strategies used to research federalism and the role it plays. Summarize how search terms were used, what databases were referenced, and how reliable sources were identified and sorted.
The United States has developed a unique combination
of both civil and common law. For this essay, read the founding documents of
the United States assigned for this Module: Week: Declaration of Independence,
Constitution, and Bill of Rights. Then, read and review the United States
courts website. This essay will address the following:
· In the first 2-3
pages of your essay, explain whether the United States founding documents fall
within the civil law, common law, or both.
· In the second half
of this essay, compare the format of the United States federal court system to
the court system of 1 state of your choosing. Compare the structure described
on the federal website to the structure described on the website of 1 state.
You may choose the state in which you live or a state you would like to visit.
However, make sure to provide citations to the websites from which you learned
the information. Remember, examine the structure on the website of the state’s
court system, not on Wikipedia or another online encyclopedia or blog.
I live in Minnesota
Your
essay must be 5–6 pages in current Bluebook format and contain at least 5
scholarly sources in addition to/other than the course textbook and the Bible.
Wikipedia does not count as a scholarly source. Include headings for clear
organization. Cover Pages will not count toward the page total, and your
citations should be in-text citations (not footnotes, endnotes, reference
pages, etc.).
Note: Your assignment will be checked for originality
via the Turnitin plagiarism tool.
Topic: Rape and the Withdrawal of Consent
Inga went to a bar on Hilton Head Island at
9:00 p.m. with her friend Abby to celebrate Abby’s birthday. By midnight, Inga
had consumed four beers and several shots of hard liquor. Then Abby’s boyfriend
Al arrived at the bar, accompanied by his friend Derk, whom Inga did not know.
The four agreed to go to Al’s house, where Inga consumed two more beers. Abby
and Al noticed that Inga seemed incoherent when she lay down on the living room
couch around 1:00 a.m., which is when Abby and Al retired for the night. At the
time, Derk was lying down on the floor. Inga testified that she does not
remember what happened from the time that she arrived at Al’s house until the
time when she noticed that she was lying on the floor with Derk on top of her,
engaging in sexual intercourse. Inga pushed Derk off and screamed for Abby and
Al, who took Inga to the hospital.
The police arrested Derk for rape. Derk
testified at his trial that, “I don’t know how intoxicated Inga was that night.
I only saw her drink two beers at Al’s house. Then after Abby and Al went to
bed, Inga rolled off the couch and found me on the floor. She said that she
wanted to have sex, and so we did.”
The trial judge must decide between two
competing jury instructions. Assume that the relevant definition of rape in
South Carolina is “an act of sexual penetration accomplished with any person”
when “the victim is incapable of giving consent because of any intoxicating
agent.”
The prosecutor argues that this instruction
should be given:
Consent
is not a defense to the crime of rape defined as sexual penetration where the
victim is incapable of giving consent because of intoxication. In determining
whether the victim was incapable of giving consent because of intoxication, you
must consider all the circumstances in determining whether the victim’s
intoxication rendered her unable to exercise reasonable judgment.
The defense counsel argues that this
instruction should be given:
Consent
is not a defense to the crime of rape defined as sexual penetration where the
victim is incapable of giving consent because of intoxication, if the victim
was incapable of giving con- sent because intoxication rendered her unable to
exercise reasonable judgment, and if the Defendant knew that the victim was
unable to exercise reasonable judgment because of her intoxication.
What arguments will be made by each side to
support these competing instructions? How should the court rule, in light of
all the rape reform policies that are illustrated in the cases in this chapter?
See State v. Jones, 804 N.W. 2d 409 (S.D. 2011).
Your memo must meet the following requirements:
· The length of
assignment 2,500 words
· The assignment
must be written according to current Bluebook writing
· The assignment
must contain a minimum of four sources.
Note: Your assignment will be checked for originality
via the Turnitin plagiarism tool.
This is a research poster presentation of 1000 words . It has to be anlytical. No AI generated responses. This does not include references.
Please use these refrences refering to OSCOLA guidelines.
International Review of the Red Cross (2001) No.843, Special issue: 50th Anniversary of the Refugee Convention. The Protection of Refugees in Armed Conflict
(available at ICRC website: www.icrc.org): in particular the articles by Brett and Lester, Contat Hickel, Forsythe, Jaquemet, Kälin and Krill
Sassòli, Bouvier and Quintin, Vol.1, 226-230
Henckaerts and Doswald-Beck, Ch.38
J. Willms, ‘Without order, anything goes? The prohibition of forced displacement in non-international armed conflict’, (2009) 91 International Review of the Red Cross 547-565
https://www.icrc.org/eng/assets/files/other/irrc-875-willms.pdf
Henckaerts and Doswald-Beck, Ch.38 – Rules 129-133
F. Boucher-Saulnier, The Practical Guide to Humanitarian Law
https://guide-humanitarian-law.org/content/index/
Goldman, “Codification of International Rules on Internally Displaced Persons”, (1998) IRRC No.324, 463-466
Lavoyer, “Refugees and Internally Displaced Persons: International Humanitarian Law and the Role of the ICRC”, (1995) IRRC No.305, 162-180
Lavoyer, “Guiding Principles on Internal Displacement”, (1998) IRRC No.324, 467-480
R. Piotrowicz and C. van Eck, “Subsidiary Protection and Primary Rights”, (2004) 53 International and Comparative Law Quarterly pp107-138, esp. 131-136
H. Storey, “Armed Conflict in Asylum Law: the “War-Flaw””, (2012) 31 Refugee Survey Quarterly 1-32
https://academic.oup.com/rsq/article/31/2/1/1572594
Who are refugees?
Situations that cause refugees:
Internal political circumstances
Natural disaster
Armed conflict – international and non-international – population movements –forced deportation and internal displacement
Definition of a refugee:
Convention Relating to the Status of Refugees 1951
Art 1A(2): a refugee is anyone who
…owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country…
OAU: Convention on the Specific Aspects of Refugee Problems in Africa 1969
Art 1 (1) – as above
Art 1(2):
The term ‘refugee’ shall also apply to every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part of the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality.
Principle of non-refoulement
Refugees Convention, Art 33(1):
No Contracting State shall expel or return (‘refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.
UNHCR, Guidelines on International Protection No.12:
Claims for Refugee Status related to Situations of Armed Conflict and Violence under Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees and the Regional Refugee Definitions, 2 December 2016
https://www.refworld.org/docid/583595ff4.html
Geneva Conventions
As civilians, generally entitled to same basic protections as other civilians.
GCIV, Arts 35-46 – aliens in the territory of a party to an armed conflict
GCIV, Art 44 – refugees with nationality of enemy State not to be treated as enemy aliens if they do not have protection of any government.
GCIV, Art 45(4) – prohibition on return to a State where the individual fears persecution for political or religious beliefs
GCIV, Art 49 – prohibition on individual and mass deportations from occupied territories (a grave breach – see GCIV, Art 147)
GCIV, Art 70(2) – guarantees for those who fled to a territory subsequently occupied by their own State
PI, Art 73 – stateless persons and refugees to be treated as protected persons
GCs, common Art 3 – “persons taking no active part in hostilities”
PII, Art 17 – prohibition of forced movement of civilians
Internally Displaced Persons
– not a separate category under IHL
Guiding Principles on Internally Displaced Persons
(UN Doc. E/CN.4/1998/53/Add.2); also at Sassòli and Bouvier, p.545
Definition (para 2):
Internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border.
European Union law
Temporary Protection
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons…
Art 2 – establishes obligation for Member States to allow aliens to stay on their territory (initially for one year):
– where there has been a mass influx of displaced persons from third countries
– who cannot return in the short term
– who have fled areas of armed conflict or endemic violence; or are at serious risk of, or have been the victims of, systematic or generalized violations of their human rights
Subsidiary Protection
Council Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 (“Qualification Directive”) on standards for the qualification of third country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast)
Article 6 Persecution can be by
o the State
o parties or organizations controlling the State or a substantial part of its territory
o non-state actors, where the State or those in control are unable or unwilling to provide protection against persecution or serious harm
o Article 15: Entitlement to subsidiary protection based on following threats, which are ‘serious harm’:
o Death penalty or execution
o Torture or inhuman or degrading treatment or punishment in the country of origin
o Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict
Elgafaji v. Staatssecretaris van Justitie, C-465/07, European Union: European Court of Justice, 17 February 2009: http://www.unhcr.org/refworld/docid/499aaee52.html
UN High Commissioner for Refugees, UNHCR Statement on Subsidiary Protection Under the EC Qualification Directive for People Threatened by Indiscriminate Violence, January 2008
http://www.unhcr.org/uk/protection/operations/479df9532/unhcr-statement-subsidiary-protection-under-ec-qualification-directive.html
International Criminal Law and Displacement of Civilian Population
ICTY Statute
Art 2 – power to prosecute grave breaches of GCs: para (g) – unlawful deportation or transfer of a civilian
Art 5(d) – deportation a crime against humanity
ICC Statute
Art 7(d) – deportation or forcible transfer a crime against humanity
Art 8 para.2 (a)(vii) – unlawful deportation or transfer a war crime
Art 8 para.2 X(b)(viii) – the deportation or transfer of all or parts of the population of the occupied territory within or outside the territory