Category: Law

You are to produce a written report in accordance with the instructions set out in the Task Description. Through this assessment, i am supposed to demonstate key skills required by junior lawyers. The assessment is designed to simulate a real-world scenario, allowing me to apply my knowledge, critically analyse the available options and application of the legal framework, evaluate the relevant outcomes, interpret and analyse numerical and written data, and provide practical professional advice.

Throughout the semester, students will be required to read, analyze, and draft case briefs. These will be based on mostly US Supreme Court cases and deal with issues pertaining to subject matter from the textbook. Full or edited case opinions will be provided. Case briefs tend to follow a similar framework (as seen below in the template provided). Please focus on the constitutional/legal questions and the Court’s analysis; facts are important but HOW the law is applied proves to be more compelling.

Full and accurate citations for the court case you use are REQUIRED, including any other formal sources provided.

Points will be deducted if no source is cited, or the citation is inaccurate.

Dear Congressman/Congresswoman [Last Name], My name is [Your Full Name], and I am writing to respectfully request your assistance regarding my small claims case (Case No. 24IWSCO1139), which was dismissed with prejudice in error. In 2023, I lent a total of $9,000 to Karen Sixtos. Part of the money was given in cash, and part was transferred through Zelle. She promised to repay me in April 2024. However, she never returned the money. In February 2024, she informed me that two individuals, Orestes Viera and Elvin, had not paid her, and for that reason she could not repay me. She never informed me in advance of any issues and repeatedly avoided me with excuses and promises that she would pay me soon. She stated that those individuals had contacted her and would pay, but she never provided a specific date, and I never received my money. As a result, I filed a claim in small claims court. Unfortunately, the person who assisted me in preparing the paperwork completed the forms incorrectly, which led to my case being dismissed with prejudice. This error was not intentional on my part, as I relied on the assistance provided to me. I have attempted to bring the matter back to court, but I have been informed that I am no longer able to do so because of the dismissal with prejudice. I have sought help from attorneys, who advised me to go to the police. When I contacted the police, they informed me that they could not assist me either. I feel that I have exhausted all available options and have not been given a fair opportunity to properly present my case. I urgently need this money to pay for my mothers eye surgery, as she is currently in delicate health. This situation has caused significant financial and emotional hardship for my family. I respectfully request any guidance, assistance, or direction your office may be able to provide in reviewing this matter or advising me on possible next steps. Thank you very much for your time and consideration. I sincerely appreciate any assistance you may be able to offer.

Instructions

Instructions:

Assume that you are working with a law firm that represents the defendant in the following hypothetical. Your assignment is to write a memo that predicts how the Commonwealth of Pennsylvania, which follows the Second Restatement, will resolve this conflict of laws. Following the fact pattern is a table. Imagine that the bullet points (within the table) are your notes from a conversation with your supervising attorney about your forthcoming memo. In other words, she has given you something of a head start. But by her own account, her thoughts are preliminary and incomplete, and you should reach your own conclusion. Include with your memo a specific numerical answer to the question: In your estimation, what is the percentage of likelihood that the court will apply Pennsylvania law?

Fact Pattern:

Purdy is a resident of Philadelphia, Pennsylvania. She was working as a delivery person for Supplier Quality Foods, Inc. (Supplier), which delivered items to all of Derner Grocery Markets, Inc. (Derner) in Pennsylvania, Delaware, and Maryland. In a typical week, Purdy delivers to 24 Derner locations in Pennsylvania, 8 in Delaware, and 1 in Maryland. Supplier and Derner are Pennsylvania corporations with their principal places of business in Philadelphia.

Approximately one year ago, Purdy drove to the Derner market in Elktown, Maryland, for her regular delivery. Purdy entered the store to notify them of her arrival, and returned to her truck. She then walked up the ramp into the stores warehouse pulling a handcart behind her that was loaded with approximately 300 pounds of boxes. She held the door with one hand and pulled the cart through the doorway with the other, so her body was twisting as she walked. She looked straight ahead as she walked into the warehouse, not at the ground. As she took two steps inside the warehouse, she tripped over the forks of a pallet jack. As the forks of the pallet jack were low to the ground and a similar color to that of the warehouse floor, she did not see them before she tripped. Purdy fell to the ground and permanently injured her knee.

Pennsylvania has a comparative negligence statute that allows plaintiffs to recover with a partial right to recovery provided they are not more than 50% negligent. Maryland still utilizes the common law doctrine of contributory negligence, which insulates defendants from tort claims if the plaintiff is negligent to any degree.

If Purdy files her suit against Derner in Pennsylvania, and if Pennsylvania follows the Second Restatement, is this a comparative negligence case or a contributory negligence case?

Second Restatement

(Torts)

Rebuttable Presumption

• 146? 157? 164? 171?

6(a) the needs of the interstate and international systems

• Any pressures to respect Maryland law here for sake of interstate commerce?

6(b) the relevant policies of the forum

• Why comparative negligence?

6(c) the relevant policies of the other interested states

• Why contributory negligence?

6(d) the protection of justified expectations

• Applicable in this tort case?

6(e) the basic policies underlying the particular field of law

• Premises liability?
• Workplace injuries?
• Tort law/Negligence?

6(f) certainty, predictability and uniformity of results

• Surely we arent a forum shopper, right?

6(g) ease in the determination and application of the law to be applied

• Is it easier to apply comparative or contributory negligence?

145 Contacts to be taken into account include:

1. The place where the injury occurred

• Maryland?

1. The place where the conduct causing the injury occurred

• Maryland?

1. The domicil, residence, nationality, place of incorporation and place of business of the parties

• Pennsylvania, Pennsylvania, Pennsylvania, Pennsylvania, +Delaware?, +Maryland?

1. The place where the relationship, if any, between the parties is centered

• Pennsylvania? Maryland?

You have learned about the anti-money laundering failures at HSBC and many of the opportunities to reduce their risk prior to being assessed major fines and ensuring material costs of remediation and reputational damage. As you look back at their history of failures and failures since their original regulatory enforcement by the OCC and then the Department of Justice: What actions do you think they could have taken prior to prevent the degree of impact these failures had on their company? What actions could they have taken to reduce their compliance risk more broadly beyond anti-money laundering?

Florida Company signs a contract with Fan Manufacturers, Inc. to purchase 1,000 battery powered fans at $100 each. Florida Company plans to use these fans in a product it is developing for hurricane relief. Florida Company has pre-sales from customers for 1,000 of its hurricane-relief product. Florida Company receives the fans, but they are defective. Fan Manufacturers, Inc. offers to replace the fans but they wont be delivered until after the start of hurricane season and Florida Company has promised its customers the product would be ready before the start of hurricane season. Florida Company purchases replacement fans from another company at a purchase price of $120 each. In the meantime, Florida Company incurred expenses in going to other companies to try to procure the replacement fans and incurred expedited shipping costs in order to get the replacement fans there sooner. Florida Company also lost orders from 2 big clients because Florida Company could not deliver on time. The loss of those clients cost Florida Company $5,000 in profit. Florida Company decides to file a breach of contract lawsuit against Fan Manufacturers, Inc. Please discuss what damages Florida Company may be able to recover in the lawsuit. What if Florida Company had not been able to find replacement fans, what damages should Florida Company seek in that circumstance? Could Florida Company recover punitive damages? Please discuss what proof Florida Company will need to show in court in order to recover the different elements of damages. Finally, which provisions of the UCC may be relevant here?

topic :Corporate Compliance as a Preventive Legal Tool Against Money Laundering and Terrorist Financing: The Saudi Arabian Legal Framework

The proposal must comply with

Key requirements:

Word count: 1,5002,000 words

(Footnotes are included in the word count; bibliography and timeline are excluded)

Referencing style: OSCOLA (4th edition)

Required academic level: Distinction

The proposal must include the following:

Demonstrate comprehensive knowledge and detailed understanding of the relevant area of law.

Show familiarity with Saudi AML/CFT legislation, case law (where applicable), regulatory frameworks, and international standards such as FATF recommendations.

Engage critically with academic debates and recent developments in the field.

Identify all key legal issues and apply the relevant legal framework accurately.

Demonstrate extensive background research using primary and secondary sources, including legislation, regulatory guidance, academic articles, and authoritative reports.

Be logically structured, including an introduction, research questions, a literature review, methodology, and a conclusion.

Present strong, coherent, and well-supported legal arguments based on appropriate research and analysis.

Be completely free from substantive legal errors.

Include elements of original interpretation and clear analytical depth.

Present a new or refined approach to the role of corporate compliance as a preventive mechanism.

Be written in high-quality academic British English.

Second: Academic presentation

I also need to prepare a PowerPoint presentation based on the instructions.

Identify and analyse 3 to 5 academic articles relevant to the dissertation topic.

It must explain, and it should be 8 slides on the same topic.

It should reflect clear critical understanding and academic maturity.

For at least one article:

In-depth reading and detailed critical analysis.

Assess how persuasive the authors arguments are.

Explain the reasons for agreement or disagreement based on a systematic legal analysis.

Presentation requirements:

Professional academic structure and organised design.

Clear titles and logical flow of ideas.

Demonstrate comprehensive and advanced legal understanding.

Include references using OSCOLA style.

Suitable for presenting in front of the lecturer and peers.

Required academic standards

Both the research proposal and the presentation must meet Distinction-level criteria, including:

Depth of knowledge

Extensive background study

Strong legal analysis

Clarity of structure and organisation

Original analytical insight

Accuracy in language and referencing

A high level of professionalism in academic presentation

Assignment 1 Suggested Length: 750 to 1000 words Ethical Theories to Apply for Assignment 1: Utilitarianism and Universal Ethics

You are to consider, discuss, and evaluate both ethical theories and then choose the best one on which to base your recommendations. Explain why it is the best choice.

1. Task You work in the Ethics Department for ABC Company (ABC). Your department is dedicated to advising its employees about their ethical obligations in the corporate setting. You are an internal consultant who provides advice and most importantly, recommendations for action to employees of the firm. All communications you receive in this capacity are confidential. Luke, an employee of ABC, comes to you with the following scenario and asks for your advice. He wants to fully consider the situation. Your task is to advise and recommend a course of action based on the specified ethical lenses and facts as given. You must choose one of the theories on which to base your recommendation.

Below are the facts that Luke provides to you. ***** Luke has been asked to work on a project that involves developing land recently purchased by ABC to build an adult entertainment retail store. According to the plan, the land is located on the corner of the neighborhood where Owen, Lukes brother, lives. Luke knows that as soon as the plans for the store are made public, property values for the surrounding neighborhood will decrease significantly. ABC plans to publicly announce the project one month from today. Luke is concerned about his obligations of confidentiality to his company. However, Luke is also very close to Owen, who recently told Luke that he received an offer to sell his house at an okay price given the current real estate market. Owen is considering selling but hasnt made any final decision yet. He wonders if he might get a better offer a few years from now when the real estate market improves. What is the ethical issue, why is this an issue, and what should Luke do about it? ***** For assignment 1, prepare a memo, setting out your analysis and recommendations, that considers ONLY: Utilitarianism and Universal Ethics (i.e., Kants categorical imperative). Choose the best theory on which you base your recommendation.

Discussion Thread: Negotiable Instruments What are the requirements of negotiable instruments? Why are they important in commercial law? Explain whether the following are negotiable instruments: An instrument that recites I.O.U., John Smith, $500. A note for $1,000 payable to the order of George Lincoln 3 months after the death of John Franklin. A note for $10,000 that is payable in 30 equal monthly installments ($333.33/each) providing If the maker dies, all payments not yet due are hereby cancelled. What is a holder in due course? What are the elements of being a holder in due course? What are the benefits of being a holder in due course? The student will complete four (4) Discussions in this course. The student will post one (1) thread of at least 300 words by 11:59 p.m. (ET) on Thursday of the assigned Module: Week. The student must then post two (2) replies of at least 200 words by 11:59 p.m. (ET) on Sunday of the assigned Module: Week. For each thread, students must support their assertions with at least three (3) scholarly citations in Bluebook format. Each reply must incorporate at least two (2) scholarly citation(s) in Bluebook format. Acceptable sources include the course textbook, scholarly/academic/peer-reviewed articles, other books, and the Bible (though the Bible counts as only one (1) source. I will add pages from our book on this chapter. Only use our book and the bible.