Legal Writing - 1315 Words

Affirmative Action College Admissions 2 Abstract Affirmative action has been a strong subject of discussion and debate for more than 30 years. Its use in college admissions has even been heard and ruled by the U.S. Supreme Court. Affirmative action is in essence, a policy or procedure developed by numerous institutions of higher learning to attempt to diversify their student bodies racially and by ethnicity. Looking closer at this procedure will display the advantages and disadvantages of affirmative action and college admissions. Affirmative Action College Admissions 3 Affirmative action is the practice, usually by institutions, of giving preference to racial minorities or women when hiring employees, giving†¦show more content†¦Affirmative action is designed to end discrimination and unfair treatment of students based on color, but it in effect does the opposite. Whites who work harder and/or are more qualified can be passed over strictly because they are white. Contrary to many stereotypes, many minorities Affirmative Action College Admissions 5 fall into the middle or upper class, and many whites live in poverty. Unfortunately, the way things are set up now, a poverty-stricken white student who uses discipline and hard work to become the best, can be passed over by a rich minority student who doesnt put in much effort at all. There are those who say students admitted on this basis are often ill-equipped to handle the schools to which theyve been admitted. Theres a possibility of success in these situations, but its more likely they will be in over their heads. Schools like Harvard and Yale have high GPA and SAT requirements because it is extremely difficult to graduate from them. Thus, when theyre forced to lower standards to achieve a minority quota, some students cant keep up. This isnt to say these students are less capable, but chances are that if they cant meet minimum requirements, they probably arent ready to go there. The far-lower graduation rate of minorities is testament to the fact that they are too often going to schools that dont match their ability. The original application criteria of schools were put in for a reason. We should adhere to them. InShow MoreRelatedLegal Methods, Research And Writing Essay1433 Words   |  6 Pagessuccessful in law whether studying or practicing the profession Legal methods, research and writing is a major necessity for those in the legal field. It is nearly impossible to study or practice law without the basic knowledge of legal methods, research and writing. This essay examines the importance of Legal methods, research and whether in school or outside in the legal profession. The first reason we need legal methods, research and writing is that it will help us to write essays well and helps studentsRead MoreResearch Methodology And Legal Writing Essay3112 Words   |  13 Pages UNIVERSITY OF PETROLEUM ENERGY STUDIES CENTRE FOR CONTINUING EDUCATION LLM (ENERGY LAWS) SEMESTER 1 YEAR: 2015 SESSION: JULY ASSIGNMENT –1 FOR Research Methodology and Legal Writing (LLMC 701) NAME: MONICA RANI SAP NO/REGN NO: 500044979 Section A (20 Marks) Write short notes on any four of the following 1. Types of Research Ans: According to K. R. Kothari, types of research are: i. Descriptive and Analytical- Descriptive research describes the phenomenon andRead MoreLegal Writing Project 11900 Words   |  8 PagesTerriResse Jones 208 Southwind Dr. #14, Athens, AL 35611 #22026522, Legal Writing 1, #008033 Law Offices of Eliza Smith amp; Associates 5678 Barrister Row Clark, Pennsylvania 18112 (771) 333-4444 Fax (771) 333-4445 April 21, 2014 Jane P. Smith 123 Rock Road Clark, PA 18118 Re: File No. Smith-3-04 Dear Ms. Smith, This letter is to inform you, that your tax appeal hearing has been scheduled for March 6, 2005, at 10:30 a.m. The hearing will be held at the County OfficeRead MoreLegal Writing Interoffice Memorandum1629 Words   |  7 Pagesto research and provide all relevant information that will help to assist you in whether or not to take the case of Tom and Betty Thomas. Will David being a trespasser hurt their case? What information about attractive nuisance could be helpful? LEGAL ISSUES The son of Tom and Betty Thomas, David Thomas, drowned while swimming in a pool. The pool was located in an unoccupied home near the Thomas residence. David did not have permission from the homeowner to use the pool. In fact, the owner ofRead MoreGraded Project Legal Writing 1981 Words   |  4 PagesLegal Writing 1 Graded Project LAW OFFICES of ELIZA SMITH and ASSOCIATES 5678 BARRISTER ROW CLARK, PENNSYLVANIA 18112 (771) 333-4444 FAX (771) 333-4445 February 28, 2005 Jane P. Smith 123 Rock Road Clark, Pennsylvania 18118 RE: TAX ASSESSORS’ OFFICE HEARING NOTICE for TAX APPEAL Dear Ms. Jane P. Smith, I am contacting you in regards to your tax appeal in conjunction with Tax Map No.: 19-19-050-019-8. Our office has received notice of your hearing March 6, 2005 @ 10:35 a.mRead MoreEssay about Legal Research, Writing, And Analysis1462 Words   |  6 PagesIn this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is Gilbert Law Summaries: Legal Research, Writing, and Analysis 10th ed, BarBri Group, 2006. The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate courtRead MoreThe Paradigm for Predictive Legal Writing: IRAC Method 4783 Words   |  20 PagesResearch, Writing Advocacy 2006-07 THE PARADIGM FOR PREDICTIVE LEGAL WRITING: Using â€Å"IRAC† I. INTRODUCTION This handout sets out the basic paradigm, or organizational structure, of predictive legal analysis, referred to throughout this course as â€Å"IRAC.†1 IRAC is a general analytical paradigm; as you gain experience in your legal writing, you will be able to modify this paradigm to fit a particular legal issue. Once you understand the IRAC structure and are able to use it fluently, you can decideRead MoreEssay on Legal Writing Graded Project 11335 Words   |  6 Pagesyou to arrive at the County Office Building at 10:25 a.m. with all of the pictures you have of the comparable houses in your area. If you have aby further questions, please do not hesitate to call our office. Very truly yours, Carmen Bentley, legal assistant Carmen Bentley cc: Eliza Smith Exercise 2 THIS DEED Made the 8th day of November, in the year of Two Thousand and Fifteen (2015) Between Jane P. Smith, of the Township of Clark. Lackawanna County, Pennsylvania, hereinafter referredRead MoreLegal Writing Graded Project 2 - Petitioner1229 Words   |  5 PagesIN RE THE MARRIAGE OF SALLY BRIGHT PETITIONER V. MEMORANDUM JOHN BRIGHT RESPONDENT Comes Petitioner, by counsel, and for her Memorandum states as follows: I. FACTS Sally Bright (Petitioner), filed for divorce and custody of 14 year old daughter, Chastity. John Bright (Respondent) also requested custody. The court ordered temporary custody of the minor child to Petitioner and visitation with Respondent every weekend. Petitioner will be moving to another part of theRead MoreAssignment 4 Legal Research Writing and Civil Litigation1039 Words   |  5 PagesMary a proprietor of a small business in Vermont specializes in the manufacturing of ski equipment and sales to Vermont ski resorts. Mary signed a contract with Froogle that allows Mary’s business to advertise on Froogles search engine. Mary is aware that Froogles headquarters is in California. Mary has never done business or been in California. All business relating to Mary is done directly on the phone in Vermont or via the internet. Two months after Mary signed the contract Froogle alleges

Skin And Skin Contact Between A Mother And Her Baby

Skin-to-Skin Contact The power of first impressions is well known. None may be more significant than the first experiences of a newborn baby exiting mother s womb. My first impression of life outside the womb, the welcome reception we all receive immediately after birth, may color our perceptions of life as difficult or easy, hostile or safe, painful or comforting, frightening or reassuring, cold and lonely or warm and welcoming for a lifetime and this day was no exception as I had the opportunity to witness a vaginal delivery for the first time in my life. However, in this teaching project, I will talk about early skin-to-skin contact between a mother and her baby. The family that was assessed for the teaching project was a primigravida†¦show more content†¦The 3 behavioral objectives identified for the teaching project are: 1. By the end of the twenty-five minute teaching session, the family will be able to state the importance and purpose of early skin-to-skin contact. 2. By the end of the twenty-five minute teaching session, the family will be able to state three reasons why early skin-to-skin contact is beneficial to the mother and baby. 3. By the end of the twenty-five minute teaching session, the family will be able to state the process of early skin-to-skin contact. Outline of Content I. Process of early skin-to-skin contact A. Once the baby is born, the newborn will immediately be placed on the mother’s chest or breasts. B. A nurse will clean the newborn with a warm and dry towel while on the mother’s chest or breasts. C. Another nurse will be assessing the newborn while on the mother’s chest or breasts. D. Health Care Provider will be delivering the placenta. II. Importance of skin-to-skin contact A. The baby is more like to latch on well. B. Bonding between mother and the newborn. C. Providing warmth to the newborn. D. Provides exclusive breastfeeding during hospital stay. E. Potential calming

The Effect of Social Media in the Business World Free Essays

The Effect of Social Media in the Business World Imagine, for a moment, you are an employee in a business setting. Do you find yourself on Facebook, Twitter, or Pinterest during work? Perhaps you are reading information on Wikipedia or watching videos on YouTube? These are all forms of social media. Today our world is engulfed by it. We will write a custom essay sample on The Effect of Social Media in the Business World or any similar topic only for you Order Now These sites can be great tools to advertise for a business or to access information, but they can also be abused. In the workplace, social media can be a distraction to employees and make them less efficient. In today’s world, employers are always looking for a process to limit the abuse of these tools and to find means to utilize it instead, all while remaining cost efficient in terms of Hardware and Software. The research that follows uncovers the pros and cons of social media within a business. In addition, social media will be defined and facts will be included as to how many employees utilize these sites on a daily basis. It is also important for the owners of a company to discuss the legalities and hidden costs associated with the social media sites, in relation to businesses. Social Media Defined Social media is defined as a two way communication stream where the publisher and the reader can interact with each other (Nations). The most popular social media sites are Facebook, YouTube, and Twitter. Facebook is an online community that allows people to connect with friends, family, colleagues, and classmates. Facebook can also allow businesses to create profiles for advertising purposes. YouTube is a social media site that allows people to publish videos that anyone can access. This has become a way for people to get their name out there if they are waiting to be discovered in the music industry, comedy world, sports, and many other things. Twitter is a type of blogging site, where an individual records opinions or information on a regular basis. Twitter is called micro blogging because the users write short posts that are 140 characters or less (Senior Net). There are also Wiki sites. Wiki sites allow the users to write and edit the content contained on the site. The most common Wiki site is Wikipedia. Wikipedia is a very useful tool for learning information about a certain topic. Though is not a very reliable source for citing information because it is written by internet users (Senior Net). Social Media Use Is on the Rise Social networking sites have become part of most Americans everyday lives. According to Joanna Brenner of Pew Internet, â€Å"sixty nine percent of online adults use a social networking site. † The most common site used by internet users is Facebook. This includes employees during the working hours. According to Janie Smith of The City Wire an average person checks their email or Facebook 34 times a day collectively. This number is substantial compared to years previous; and if the employees of a company are checking social media sites during the work day for personal reasons, it lessens productivity. Many companies have put in social media policies to restrict the use of the sites during the day. According to a study done by Benjamin Shipley III a lawyer for Cross, Gunter, Witherspoon and Galchus P. C. , the largest problem is: â€Å"fifty percent of employees ignore these policies and check their sites. † Mobile Devices make it easy for the employees to still access social media sites during the work day. In a study done by Pew Internet American Life Project, forty six percent of Americans are now using smartphones, making these sites accessible right at the employees’ fingertips. Facebook sites can be open for anyone to see and social media sites are starting to become a place that future employers will look when they are doing background checks on possible future employees. A study done by Benjamin Shipley III states, â€Å"it has become a common practice to check out the future employees social networking sites before hiring them. Sixty percent of employers currently observe this practice. With that being said, it is very important that individuals are more cautious to the information they are exploiting to the world. Legalities Surrounding Social Media The battle of between the appropriateness of published information on social networking sites has started to take off. People do not understand the difference between freedom of speech and defamation. Freedom of speech is t he right to express opinions without censorship or restraint, while defamation is a false or malicious accusation of someone’s words or actions (Merriam-Webster). Many lawsuits have arisen because of this misunderstanding. Social media sites have affected employees’ style of communication, productivity, and separation of work and personal. Today there is not as much face-to-face communication in the work place because it is faster and more efficient to communicate over the internet. A huge risk factor of using social media in the business world is the safety. Social media is not very secure so it is very easy for private company information to be shared. Companies need to have plans in place how to deal with problems that arise from social media (Rauzi). Positive Uses of Social Media Businesses Although many people and employees view social media as a bad thing within the workplace, positive aspects do exist. Social media sites such as Facebook and LinkedIn are great tools for companies to get their name out in the public eye. It is a very easy way with little cost and advertising to acquire a new circle of contacts. With social networking, the company can create a pleasing image of themselves by creating their own professional page. Social networking being virtually free is one of the greatest advantages to using the sites. Businesses can pay thousands of dollars in advertisements but with social media the only cost is paying the person who keeps the sites up to date (Kelleher). The sites are also useful tools for gathering public opinions on the product that a company sells. In a study done by McKinsey Global Institute, â€Å"ninety percent of the 4,200 businesses surveyed said they benefit from social networking in some way. † Brand awareness and sales are increased by social media sites because the name is out in the business network. Social media helps bring the customers closer to the business because they know more of what is going on within (Rauzi). Overlooked Expenses of Social Media for Businesses Many businesses see social media as a free tool, but there are many hidden costs that are not considered. As mentioned previously, staff is paid to keep the sites up to date. If a company wants their social media sites to be successful, they need an excellent marketer that will always keep the sites up to date, which costs money. Paid marketing will be needed to initially get the companies name noticed. For example, having a paid advertisement banner on Facebook costs money (Compare Business). There is also the cost of equipment. Most companies have up to date computer software that would support the use of social media, but not all do. The server needs to be large enough to handle all the traffic going through it. If a company wants a very successful internet campaign, the annual cost is approximately 210,600 dollars (Compare Business). Sometimes, a company needs to spend money to make money. Conclusion Social Media is a very useful tool for the business world as long as the employees do not abuse it. The benefits do outweigh the risks of having a social media friendly company. Employers just need to set boundaries for their employees so that they know what acceptable use of the sites is. Along with setting the boundaries, the employers also have to enforce them so that they will be effective. Social media is not a free way of advertising, but it is very low cost in comparison to other techniques. Overall social media is a very useful tool for companies, especially as business continues to be in a digital world. Works Cited Brenner, Joanna. Pew Research Center’s Internet ; American Life Project. † Pew Internet: Social Networking (full detail). 13 Nov. 2012. Pew Internet American Life Project. 31 Dec. 2012 http://pewinternet. org/Commentary/2012/March/Pew-Internet-Social-Networking-full-detail. aspx. Madden, Mary. â€Å"Pew Research Center’s Internet American Life Project. † 65% of online adults use social networking sites. 26 Aug. 2011. Pew Research Ce nter. 01 Jan. 2013 http://pewinternet. org/Reports/2011/Social-Networking-Sites. aspx. Nations, Daniel. â€Å"What is Social  Media? About. com Web Trends. 1 Jan. 2013 http://webtrends. about. com/od/web20/a/social-media. htm. New, Catherine. â€Å"Smartphones Are Used By Nearly Half Of Americans. † The Huffington Post. 01 Mar. 2012. TheHuffingtonPost. com. 8 Jan. 2013 http://www. huffingtonpost. com/2012/03/01/most-americans-have-a-smartphone_n_1314914. html. Rauzi, Molly. â€Å"The social workplace: Are you prepared? † – Denver Business Journal. 1 Oct. 2012. Denver Business Journal. 01 Jan. 2013 http://www. bizjournals. com/denver/blog/broadway_17th/2012/10/the-soci How to cite The Effect of Social Media in the Business World, Papers

Maker of Smartphone Surveillance App Fined and Avoids Jail Time

Question: Write an essay on "Maker; of Smartphone Surveillance App Fined and Avoids Jail Time". Answer: Introduction Ethics as a branch of philosophy that allows people to critically examine their own arguments and intuitions about any vital issue; however, the establishment of a clear cut to those arguments may seem to be obvious at first glance (Alexander Miller, 2009). Hence, the application of ethics normally looks at the development one has in asking and answering questions as it is from them learning from the answers that other people offer suggestions (Szerletics, 2015). Therefore, in the application of ethics look at the world in a different way and try to find out coherent and rational answers to the questions people ask about the society. The Scenario Maker; of Smartphone Surveillance App Fined and Avoids Jail Time The case that I will be looking at is that of the first surveillance app that was used to track and catch cheating spouses by listening to their calls. The 31-year-old Hammad Akbar admitted before the court that he had broken the law without knowledge. The case against this young CEO was one of its kind, this is because there existed no other surveillance app in the technological market of Smartphones. In his defense he states that if he knew he was committing unlawful act he couldnt have developed the app. Therefore, the prosecutor decided instead of him serving a jail term he should pay more than half a million dollars. The Stakeholders: Therefore, in developing our argument the question that we should ask ourselves is whether it is ethically rights to keep surveillance of our spouses using the app developed by Hammad. According to some prosecutors in this case they argue that hundreds of people globally have been monitored through the app. An estimate was taken and it was believed that ten of thousand were still going to be monitored using the app. Therefore, ethically we can conclude that the development of the app tends to affect privacy and confidentiality of individuals which isnt good for many people. Looking at some ethical definitions of the terms privacy and confidentiality, Privacy takes the definition of control over the extent of timing and sharing of a particular circumstance. Therefore, privacy is the rights an individual has and is limited to access by others, and by law privacy is considered to be a human basic right (In Coons In Weber, 2013). On the other hand, confidentiality is the act of protecting a persons privacy. Hence, looking at the above given definitions what can be ethically certain is that the development of the surveillance app is ethically wrong this is because it interferes with a persons basic human right of privacy according to law. Non-Ethical Issues The Utilitarians who are part of the classical theory tends to argue that the establishment of privacy comes out to be a universal value. Therefore, it is necessarily connected to some important aspects like dignity and well-being (Robins Jones, 2009). Therefore, their absolutist view of privacy value tends to be absolutely essential. Hence, the response of their arguments is that they focus on individuals who have achieved well-being and dignity in the society which fail to have any amount of privacy that we can value (Oxley, 2011). Relating our case of the surveillance app with the Utilitarians view it becomes certain that the CEO actions were ethically wrong. Take the example of a person who uses the app for the wrong purposes to monitor or keep track of another person so as to lower his dignity. Therefore, if he succeeds in ruining the dignity and well-being of the person it means the app is a threat to the community. Hence, such an act will lead to the disconnection between uni versal values that are necessary in the society so as to connect the vital moral features and dignity of individuals. Ethical Issues Ethically the development of the surveillance app tends to affect confidentiality. According to some researchers they pertain that it is vital for one to protect and safeguard information that has been entrusted to him, and he shouldnt misuse or wrongfully disclose the information. Hence, there is the need of maintaining a promise of confidentiality. Therefore, ethically the duty of confidentiality should always be balanced between competing ethical considerations or there should be proper establishment of legal or professional requirements (Oxley, 2011). For instance, in our case in exceptional or compelling circumstance where one must monitor his or her spouse, perhaps there should be report information to the authorities so as to monitor the actions that a fellow spouse may undertake after identifying that he or she is cheating on him with another person. But, in our case ethically the surveillance app developed by Akbar fails to consider the ethics aspect of maintaining confident iality. This is because they are unable to keep record of the aftermath and individual has taken or fails to monitor the steps one has taken after identifying the truth about his spouse. Hence, such an app tends to be a threat to the society; this is because it brings chaos and family break ups. Therefore, such an app shouldnt be acceptable for usage unless the following steps are considered: Consequences: From the surveillance case, one thing that is evident is that the app is expected to monitor calls that your fellow spouse is receiving and listening through their conversation. Hence, situations may arise where one doesnt know what he or she should do. Perhaps, Akbar may consider offering some guidance or recommend for couple therapies before one decides to use the app. taking this step will somehow reduce chaos in the society and prevent individuals from committing regretful acts. Ethical Analysis Consequentialism Looking at some ethical definitions of the terms privacy and confidentiality, Privacy takes the definition of control over the extent of timing and sharing of a particular circumstance. Therefore, privacy is the rights an individual has and is limited to access by others, and by law privacy is considered to be a human basic right (In Coons In Weber, 2013). On the other hand, confidentiality is the act of protecting a persons privacy. Hence, looking at the above given definitions what can be ethically certain is that the development of the surveillance app is ethically wrong this is because it interferes with a persons basic human right of privacy according to law. Just Consequentialism In terms of dealing with the privacy aspect, ethically I could recommend that the application software be illegal for uses unless under special circumstances. Reason being there might be individuals who use the app so as to destroy others. Hence, making the app illegal may perhaps reduce the levels of its usage. Options It is customary process in ethical thinking is that, if you cant be getting any solution then first you have to stop the thing first, after that you will get that what are the other alternate option we can try Now you have to set a landmark for the purpose of including all the people going to affected by this action if it is carried out. Try to know the other facts and information its likely consequences for different option, in this condition, the app creator should identify who is going to use the app. Choose the app for group of selected people, what are the outcomes when they going to use. Make different app for different group of people, make inherent identifying source code so that people can be tracked while misusing it. conclusion In conclusion it is vital for one to consider individuals privacy and confidentiality when monitoring him or her. Some information may fall on wrong hand or be used for evil purposes against an individual. Hence, this tends to lower the moral standards in the society after one well-being and dignity is destroyed (Carson, 2010). References Ethical theory and moral practice. (2008). Netherlands: Kluwer Academic Publishers. Ethical Theory and Moral Practice. (n.d.). Kluwer Academic Publishers. Oxley, J. C. (2011).The moral dimensions of empathy: Limits and applications in ethical theory and practice. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. In Coons, C., In Weber, M. (2013).Paternalism: Theory and practice. Robins, N. A., Jones, A. (2009).Genocides by the oppressed: Subaltern genocide in theory and practice. Bloomington, IN: Indiana University Press. Szerletics, A. (2015).Paternalism: Moral theory and legal practice. Alexandra, A, Miller, S, (2009).Ethics in practice moral theory and the professions.