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Was it legally obtained? Was the evidence you selected “relevant” under FRE 401? How are you going to “authenticate” each piece of digital evidence under FRE 901?

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The Jacques Affidavit

Write a memo to the prosecutor handling the case briefly describing the pieces of Electronically Stored Information (ESI)/ digital evidence referred to in the Problem (“Jacques Affidavit”) that tend to prove Jacques’s guilt. Select what you consider to be the three most important pieces of Digital Evidence/ ESI and explain how this evidence could be admitted at trial (i.e. identify the relevant rule(s) and the witnesses who will have to be called to admit this evidence a trial.

There are generally five basic issues that you will have to deal with in demonstrating the digital evidence you select is admissible:

1 Was it legally obtained? (e.g. search warrant? consent? 2703 (d) order

2. Was the evidence you selected “relevant” under FRE 401?

3. What witness(es) are you going to rely on to admit the evidence? (e.g. CF expert) Remember that since this is a criminal case (kidnapping) you will not be able to call the defendant “as a person with knowledge” to authenticate. He has a 5th Amendment right to refuse to testify.

4. How are you going to “authenticate” each piece of digital evidence under FRE 901?

5. Even if you are able to “authenticate” the digital evidence you have selected, is it, nonetheless inadmissible because it is hearsay? You will have to consider the definition of “hearsay” under FRE 801 as well as the “exceptions.” (see e.g. FRE 803)

What does the article offer to your understanding of business? What are the strengths AND weaknesses of the article? What kinds of strategy making or practice do you see in this article.

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Project 2

Your objective is to write a (3) three-page critique of an article provided by your instructor. This article discusses management, and more specifically, strategic management in today’s modern organizations. ritically review the article with regard to the following:

1) What does the article offer to your understanding of business?

2) What are the strengths AND weaknesses of the article?

3) what kinds of strategy making or practice do you see in this article.

Reflect on how you might implement this change and how you might communicate this change to organizational leadership.

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Change Implementation and Management Plan

It is one of the most cliché of clichés, but it nevertheless rings true: The only constant is change. As a nursing professional, you are no doubt aware that success in the healthcare field requires the ability to adapt to change, as the pace of change in healthcare may be without rival.
As a professional, you will be called upon to share expertise, inform, educate, and advocate. Your efforts in these areas can help lead others through change. In this Assignment, you will propose a change within your organization and present a comprehensive plan to implement the change you propose.

To Prepare:
Review the Resources and identify one change that you believe is called for in your organization/workplace.

This may be a change necessary to effectively address one or more of the issues you addressed in the Workplace Environment Assessment you submitted in Module 4.
It may also be a change in response to something not addressed in your previous efforts. It may be beneficial to discuss your ideas with your organizational leadership and/or colleagues to help identify and vet these ideas.

Reflect on how you might implement this change and how you might communicate this change to organizational leadership.

Explain who originally held the Property at law and in equity? Explain who now holds the property: (at law/in equity)? Explain whether the trustee in bankruptcy be able to force a sale of The Paddocks?

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Land Law

Jo, Kal, Larry, Marian and Ned are all vets and have been in practice together for many years. They decided to set up their own veterinary practice in a village near Thirsk. They bought a registered freehold house (‘The Paddocks’) in a nearby village where they could all live, keep their own animals, and set up their business. The transfer stated that the friends held The Paddocks as beneficial joint tenants, and the property was registered in their joint names.

In December 2020, Jo died unexpectedly after being trampled by cattle. She had made a will leaving all her property to the local animal rescue charity.

In March 2021, Kal was offered a lucrative job at a large national veterinary practice in Somerset. Kal left The Paddocks and went to Somerset, where he rented a cottage and started his new job. In April 2021 he emailed Larry and Marian at Larry’s email address, offering to sell his share of The Paddocks to them. He said that if that was not an attractive idea, The Paddocks should be sold so that his share of the sale proceeds could be released to him. Unfortunately, the email went into Larry’s junk mail folder and was not found for over a week.

Later in the evening after Kal had sent the email, he was killed in a road accident. He had made a will leaving all his property to Ned.

Last month, Larry was declared bankrupt. The trustee in bankruptcy insists that The Paddocks be sold immediately.

a) Explain who originally held the Property at law and in equity?

b) Explain who now holds the property:

a. at law

b. in equity?

c) Explain whether the trustee in bankruptcy be able to force a sale of The Paddocks?

QUESTION 4

Roxanne was the registered proprietor of a large house. The attic had been converted to a self-contained flat (‘the Flat’). Roxanne advertised the Flat in the following way:

‘Two-bedroomed top floor flat, suitable for a couple or two singles, available for immediate occupation at £550 per month.’

Eight months ago, sisters Angie and Valerie viewed the Flat, liked it, and signed a Licence Agreement which included the following terms:

1. Roxanne hereby agrees that Angie and Valerie (‘the Licensees’) may occupy the Flat as licensees for a period of two years starting 1 February 2021.

2. The licence fee for the Flat is £550 per month.

3. Roxanne may enter the Flat at any time without notice in the event of an emergency and may retain a key to the Flat for that purpose.

4. Roxanne reserves the right to introduce one other person to share the Flat with the Licensees.

5. The Licensees will keep the Flat in a good state of repair.’

Two weeks ago, Angie noticed that the bath was leaking and causing damage to the flooring and floorboards. She told Roxanne about this the following day, but Roxanne reminded Angie and Valerie of Clause 5 of the Licence Agreement. Angie and Valerie could not afford to call a plumber, so the leak remains.

Last week, Roxanne sold the house to Sarah, who was registered as its proprietor. Sarah has been in touch with Angie and Valerie to tell them that she plans to convert the building into one large house and that they must leave immediately. She also insisted that they repair the bathtub.

Explain to Angie and Valerie:

a) Whether they have a lease or a licence of the Flat, and why this matters;

b) Who is responsible for the repair to the bathtub; and

c) Whether they have to leave the Flat as instructed by Sarah.

 

Which expressions of an original work are protected by copyright law? Is all copying copyright infringement? If not, what is the test for determining whether a creative work has been unlawfully copied?

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The Public and International Environment


 A court compares the allegedly infringing work with the original work, and considers whether a “lay-observer” would believe that the copying was of protectable aspects of the copyrighted work. The inquiry involves distinguishing between the author’s expression and the idea or theme that he or she seeks to convey or explore, because the former is protected and the latter is not. The court must determine whether the allegedly infringing work is similar because it appropriates the unique expressions of the original work, or merely because it contains elements that would be expected when two works express the same idea or explore the same theme.

* * * A lay observer would not believe that Jackson’s album/CD and film copied protectable aspects of Winstead’s book. Jackson’s album/CD is comprised of 16 individual songs, which explore drug-dealing, guns and money, vengeance, and other similar clichés of hip hop gangsterism. Jackson’s fictional film is the story of a young man who turns to violence when his mother is killed in a drive-by shooting. The young man takes revenge by killing the man who killed his mother, and then gets rich by becoming an “enforcer” for a powerful criminal. He takes up with a woman who eventually betrays him, and is shot to death by her boyfriend, who has just been released from prison. The movie ends with his younger brother vowing to seek vengeance. Winstead’s book purports to be autobiographical and tells the story of a young man whose beloved father was a Bishop in the church. The protagonist was angry as a child because his
stepmother abused him, but he found acceptance and self-esteem on the streets of Newark because he was physically powerful. He earned money robbing and beating people, went to jail, returned to crime upon his release, and then made even more money. The protagonist discusses his time at Rahway State Prison in great and compelling detail. The story
ends when the protagonist learns that his father has passed away; he conveys his belief that this tragedy has led to his redemption, and he hopes that others might learn from his mistakes.* * *

Although Winstead’s book and Jackson’s works share similar themes and setting, the story of an angry and wronged protagonist who turns to a life of violence and crime has long been a part of the public domain [and is there–fore not protected by copyright law].

Winstead argues * * * that a protagonist asking for God’s help when his father dies, cutting drugs with mixing agents to maximize profits, and complaining about relatives who are addicts and steal the product, are protectable, but these things are not unique. To the extent that Jackson’s works contain these elements, they are to be expected when two works express the same idea about “the streets” or explore the same theme. Winstead argues that not every protagonist whose story concerns guns, drugs, and violence in an urban setting winds up in prison or loses a parent, but this argument only serves to illustrate an important difference between his book and Jackson’s film. Jackson’s protagonist never spends any time in prison, whereas Winstead’s protagonist devotes a considerable part of his story to his incarcerations.In addition, Winstead’s book and Jackson’s works are different with respect to character, plot, mood, and sequence of events. Winstead’s protagonist embarks on a life of crime at a very young age, but is redeemed by the death of his beloved father. Jackson’s protagonist turns to crime when he is much older and only after his mother is murdered. He winds up dead at a young age, unredeemed. Winstead’s book is hopeful; Jackson’s film is characterized * * * by moral apathy. It is true that both works involve the loss of a parent and the protagonist’s recognition of the parent’s importance in his life, but nowhere does Jackson appropriate any–thing unique about Winstead’s expression of this generic topic.
Winstead contends that direct phrases from his book appear in Jackson’s film. * * * He emphasizes these phrases: “Yo, where is my money at,” “I would never have done no shit like that to you,” “my father, my strength was gone,” “he was everything to me,” and “I did not know what to do,” but, like the phrases “putting the work in,” “get the dope, cut the dope,” “let’s keep it popping,” and “the strong take from the weak but the smart take from everybody,” they are either common in general or common with respect to hip hop culture, and do not enjoy copyright protection. The average person reading or listening to these phrases in the context of an overall story or song would not regard them as unique and protectable. Moreover, words and short phrases do not enjoy copyright protection. The similarity between Winstead’s book and the lyrics to Jackson’s songs on the album/CD is even more tenuous. “Stretching the dope” and “bloodshot red eyes” are com–mon phrases that do not enjoy copyright protection. A side-by-side comparison of Winstead’s book and the lyrics from Jackson’s album/CD do not support a claim of copyright infringement.
For the foregoing reasons, we will affirm the order of the District Court dismissing [Winstead’s] complaint.
Legal Reasoning Questions

1. Which expressions of an original work are protected by copyright law?

2. Is all copying copyright infringement? If not, what is the test for determining whether a creative work has been unlawfully copied?

3. How did the court in this case determine whether the defendant’s work infringed on the plaintiff ’s copyright?

What role does the media play in determining adolescent’s behaviors? Give specific examples from your own adolescent years as well as those you have observed. 

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Discussion

What role does the media play in determining adolescent’s behaviors? Give specific examples from your own adolescent years as well as those you have observed.

Write an essay on what use in scientific procedures lithium isotopes are or can be used for as well as lithium deposits and the environmental impacts they have made or can make.

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lithium

Write an essay on what use in scientific procedures (i.e. measurements) lithium isotopes are or can be used for as well as lithium deposits (historic and/or current) and the environmental impacts/changes (both oceanic and lithic) they have made or can make.

. Under which theories of product liability can Kolchek sue Porter to recover for Litisha’s injuries? Would privity of contract be required for Kolchek to succeed in a product liability action against Great Lakes?Explain.

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Strict Liability and Product Liability

Shalene Kolchek bought a Great Lakes Spa from Val Porter, a dealer who was selling spas at the state fair. Kolchek
signed an installment contract. Porter then handed her the manufacturer’s paperwork and arranged for the spa to be
delivered and installed for her. Three months later, Kolchek left her six-year-old daughter, Litisha, alone in the spa.
While exploring the spa’s hydromassage jets, Litisha stuck her index finger into one of the jet holes and was unable to
remove her finger from the jet.
Litisha yanked hard, injuring her finger, then panicked and screamed for help. Kolchek was unable to remove
Litisha’s finger, and the local police and rescue team were called to assist. After a three-hour operation that included
draining the spa, sawing out a section of the spa’s plastic molding, and slicing the jet casing, Litisha’s finger was freed.
Following this procedure, the spa was no longer functional. Litisha was taken to the local emergency room, where she
was told that a bone in her finger was broken in two places. Using the information presented in the chapter, answer
the following questions.

1. Under which theories of product liability can Kolchek sue Porter to recover for Litisha’s injuries?

2. Would privity of contract be required for Kolchek to succeed in a product liability action against Great Lakes?Explain.

3. For an action in strict product liability against Great Lakes, what six requirements must Kolchek meet?

4. What defenses to product liability might Porter or Great Lakes be able to assert?

Identify what leadership indicators are lacking. Identify what reasonable expectations were broken.

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Command Climate Theory

1. Students should type this essay to be turned in to a faculty advisor. Each paper should be between four and five pages, not including a title page. Students should type in size 12, Times New Roman font, and the paper should be double spaced. Margins of the paper should be 1” on all sides, and page numbers should start on the page immediately after the title page. Students will use the Chicago Manual of Style format.

2. After reading the scenario and reviewing the survey results provided, you will be required to write an essay that is in the essay template provided. This essay must follow the template. At a minimum, this paper should include the following:
a) Introduction paragraph – to include a thesis statement that will summarize the main points of the paper. Thesis must be in BOLD.

b) Outcomes the document aims to achieve

c) A background discussion that is rooted in the four indicators of leadership (Morale, Proficiency,Discipline, Esprit de Corps

i) Identify what leadership indicators are lacking

ii) Identify what reasonable expectations were broken

d) Four Recommendations (which must include a subject, objective, action plan, goals, and a basis for the goals)

i) Survey Item Number & Description (#s 15, 16, 22 & 23)

ii) Action plan recommended

iii) HOW the recommendation will be implemented

iv) Goal(s): What could be the end result if the Commander implements recommendation?

Write approximately 200 words that explain the meaning that your selected verses had for the original author and audience. Describe the contents of the passage and any points that clarify what it would have meant in its original setting.

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Interpreting the Sermon on the Plain Web Page

Read Luke Chapter 6 in a standard translation of the Bible as noted in the syllabus. Then focus on a short passage of approximately 2–4 verses somewhere in Luke 6:17–49 and read it several times.
Read Chapters 2 and 19 in Jesus is Lord. Chapter 2 provides an overview of the issues we face in interpreting and applying scripture. Even if you are not a Christian, you can learn from the model of starting with the original meaning of scripture and then moving to what wisdom the Bible has to offer in our contemporary context
You can use the You Version app or Bible Study Tools (biblestudytools.com) to help you study any aspects of the passage. (See Activity 1.1 for a reminder on how to use these.)
Write a 400- to 500-word essay that explains and applies a short passage from Chapter 6 of Luke’s Gospel:
Start with a brief introductory paragraph that identifies the passage you chose for step #1 and explain why you selected it.
Study the passage closely and see how it fits into that chapter of scripture. Write approximately 200 words that explain the meaning that your selected verses had for the original author and audience. You should describe the contents of the passage and any points that clarify what it would have meant in its original setting. In the course of your explanation, you must make at least one citation from the textbook -Jesus is Lord.
Then, apply the passage to a contemporary personal or social situation. Write approximately 200 words that make clear links between the original meaning of the passage and the contemporary issue. You may apply the passage to your own spiritual life, family, or job. You can also apply it to larger cultural and societal issues. To complete the application, state clearly what action or stance you would take on your chosen situation or issue based on the contents of the biblical passage.