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Compare and contrast a motion to dismiss with other pretrial motions. Identify their chief differences. Why did the appellants in this case file a motion to dismiss? What is the effect of granting a motion to dismiss?

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Court Procedures 55


The venue with respect to any action pertaining to this Agreement shall be the State of Illinois. The laws of the State of Illinois shall govern the application and interpretation of this Agreement.However, Appellee filed a lawsuit against Appellants alleging a breach of the agreement in MiamiDade County, Florida. In fact, Appellee filed four subsequent complaints—an initial complaint, amended complaint, second amended complaint, and third amended complaint—after each and every previous pleading’s dismissal was based upon venue as provided for in the agreement’s mandatory forum selection clause. Appellee’s third amended complaint alleges the forum selection clause was a mistake that was made at the time the agreement was drafted. Additionally, Appellee attached an affidavit [a sworn statement] which states that, in drafting the agreement, Appellee

* * * copied a form version of an agreement between different parties, and by mistake, forgot to change the venue provision from Illinois to Florida. In response, Appellants filed their motions to dismiss the third amended complaint, which the trial court denied.Florida appellate courts interpret a contractual forum selection clause under a de novo standard of review. [The courts review the issue anew, as if the lower courts had not ruled on the issue.] Likewise, as the trial court’s order denying appellant’s motion to dismiss is based on the interpretation of the contractual forum selection clause, this court’s standard of review is de novo. Therefore, the narrow issue before this court is whether the * * *

Agreement provides for a mandatory forum selection clause that is enforceable under Florida law.Florida courts have long recognized that forum selection clauses such as the one at issue here are presumptive valid. This is because forum selection clauses provide a degree of certainty to business contracts by obviating [preventing] jurisdictional struggles and by allowing parties to tailor the dispute resolution mechanism to their particular situation. Moreover, forum selection clauses reduce litigation over venue, thereby conserving judicial resources, reducing business expenses, and lowering consumer prices. [Emphasis added.]Because Florida law presumes that forum selection clauses are valid and enforceable, the party seeking to avoid enforcement of such a clause must establish that enforcement would be unjust or unreasonable. Under Florida law, the clause is only considered unjust or
unreasonable if the party seeking avoidance establishes that enforcement would result in no forum at all. There is absolutely no set of facts that Appellee could plead and prove to demonstrate that Illinois state courts do not exist. Illinois became the twenty-first state in 1818, and has since established an extensive system of state trial and appellate courts. Clearly, Appellee failed to establish that enforcement would be unreasonable since the designated forum Illinois—does not result in Appellee’s having “no forum at all.”Further, as we have said on a number of occasions, if a forum selection clause unambiguously mandates that litigation be subject to an agreed upon forum, then it is error for the trial court to ignore the clause. Generally, the clause is mandatory where the plain language used by the parties indicates exclusivity. Importantly, if the forum selection clause states or clearly indicates that any litigation must or shall be initiated in a specified forum, then it is mandatory. Here, the agreement’s plain language provides that the venue for any action relating to a controversy under the agreement * * *

“shall be the State of Illinois.” The clear language unequivocally renders the forum selection clause
mandatory.Appellee would have us create an exception to our jurisprudence on mandatory forum selection clauses
based on their error in cutting and pasting the clause from another agreement. Of course, the origin of “cutting and pasting” comes from the traditional practice of manuscript-editing whereby writers used to cut paragraphs from a page with editing scissors, that had blades long enough to cut an 811⁄⁄1⁄11⁄1⁄2⁄2⁄2⁄2⁄inch-wide page, and then physically pasted them onto another page. Today, the cut, copy, and paste functions contained in word processing software render unnecessary the use of scissors or glue. However, what has not been eliminated is the need to actually read and analyze the text being pasted, especially where it is to have legal significance. Thus, in reviewing the mandatory selection clause which Appellant seeks to enforce, we apply the legal maxim “be careful what you ask for” and enforce the pasted forum.Accordingly, we reverse [the] trial court’s denial of the motions to dismiss Appellee’s third amended complaint on
the basis of improper venue, and remand for entry of an order of dismissal.Case 3.1 Continued

Legal Reasoning Questions
1. Compare and contrast a motion to dismiss with other pretrial motions. Identify their chief differences.
2. Why did the appellants in this case file a motion to dismiss?
3. What is the effect of granting a motion to dismiss?

Write an (8-page paper) essay that discusses the Pitfalls of moving from one project management practice to another.

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Agile pitfalls

An 8-page paper that discusses the Pitfalls of moving from one project management practice to another EXAMPLE: (Waterfall to Scrum or Kanban etc.)

What aspects of normal anatomy is interesting to you and why? What factors have caused the damage to the normal anatomy and physiology? What is the role of prayer, influence of religion and culture relating to this disease process?

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The Ministry of Healing Reflection

Select a body system and identify one disease process that fascinates you most as a creation of God. Answer the following questions relating to the disease process.

1.What aspects of normal anatomy is interesting to you and why?

2.What factors have caused the damage to the normal anatomy and physiology?

3.How can we restore the healing process?

4.What is the role of prayer, influence of religion and culture relating to this disease process?

5.Conclusion with a call to action or something meaningful to remember.

References:Mauk, K. L., & Schmidt, N. K. (2004). Spiritual care in nursing practice. Philadelphia, PA: Lippincott.White, E. G. (2011). The Ministry of healing. Guildford, UK: White Crow Books.

Journal article:

APA format reference that you may use for free:

It is recommended that you upload your paper into Turnitin on D2L to check for plagiarism prior to submission to your professor. Also, to check for correct grammar, use the Grammar Tutor on D2L.

On what basis might the federal district court in Illinois exercise jurisdiction in this case? Does the federal district court have original or appellate jurisdiction? Suppose that Garner had filed his action in an Illinois state court. Could an Illinois state court have exercised personal jurisdiction over Foreman or his manager? Why or why not?

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Courts and Alternative Dispute Resolution


Stan Garner resides in Illinois and promotes boxing matches for SuperSports, Inc., an Illinois corporation. Garner
created the concept of “Ages” promotion—a three-fight series of boxing matches pitting an older fighter (George
Foreman) against a younger fighter. The concept had titles for each of the three fights, including “Battle of the Ages.”
Garner contacted Foreman and his manager, who both reside in Texas, to sell the idea, and they arranged a meeting
in Las Vegas, Nevada. During negotiations, Foreman’s manager signed a nondisclosure agreement prohibiting him
from disclosing Garner’s promotional concepts unless the parties signed a contract. Nevertheless, after negotiations fell
through, Foreman used Garner’s “Battle of the Ages” concept to promote a subsequent fight. Garner filed a suit against
Foreman and his manager in a federal district court located in Illinois, alleging breach of contract. Using the information presented in the chapter, answer the following questions.

1. On what basis might the federal district court in Illinois exercise jurisdiction in this case?

2. Does the federal district court have original or appellate jurisdiction?

3. Suppose that Garner had filed his action in an Illinois state court. Could an Illinois state court have exercised personal jurisdiction over Foreman or his manager? Why or why not?

4. Now suppose that Garner had filed his action in a Nevada state court. Would that court have had personal jurisdiction over Foreman or his manager? Explain

If you were facing an especially complex legal dispute one involving many facets and several different types of law would you consent to allowing a U.S. magistrate judge to decide the case? Why or why not? If you had to decide whether to allow a U.S. magistrate judge to hear your case, what information might you ask your attorney to provide concerning that individual?

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38 U N I T O N E The Foundations


Should You Consent to Have Your Business Case Decided by a U.S. Magistrate Judge?You have a strong case in a contract dispute with one of your business’s suppliers. The supplier is located in another state. Your attorney did everything necessary to obtain your “day in court.” The court in question is a federal district court. But you have just found out that your case may not be heard for several years—or even longer. Your attorney tells you that the case can be heard in just a few months if you consent to place it in the hands of a U.S. magistrate judge.a Should you consent?

A Short History of U.S. Magistrate Judges

Congress authorized the creation of a new federal judicial officer, the U.S. magistrate, in 1968 to help reduce delays in the U.S. district courts.b These junior federal officers were to conduct a wide range of judicial proceedings as set out by statute and as assigned by the district judges under whom they served. In 1979, Congress gave U.S. magistrates consent jurisdiction, which authorized them to conduct all civil trials as long as the parties consent.c Currently, magistrate judges dispose of over one million civil and criminal district court matters, which include motions and hearings.

The Selection and Quality of Magistrate Judges
As mentioned, federal district judges are nominated by the president, confirmed by the Senate, and appointed for life. In contrast, U.S. magistrate judges are selected by federal district court judges based on the recommendations of a merit screening committee. They serve an eight-year term (which can be renewed). By statute, magistrate judges must be
chosen through a merit selection process. Applicants are interviewed by a screening committee of lawyers and others from the district in which the position will be filled.d Political party affiliation plays no part in the process.
A variety of experienced attorneys, administrative law judges, state court judges, and others apply for magistrate judge positions. A typical opening receives about a hundred applicants. The merit selection panel selects the five most qualified, who are then voted on by federal district court judges.Because the selection process for a magistrate judge
is not the same as for a district judge, some critics have expressed concerns about the quality of magistrate judges. Some groups, such as People for the American Way, are not in favor of allowing magistrate judges
the power to decide cases. These critics believe that
because of their limited terms, they are not completely
immune from outside pressure.
Business Questions

1. If you were facing an especially complex legal dispute one involving many facets and several different types of law would you consent to allowing a U.S. magistrate judge to decide the case? Why or why not?

2. If you had to decide whether to allow a U.S. magistrate judge to hear your case, what information might you ask your attorney to provide concerning that individual?

What is “diversity of citizenship”? How does the presence—or lack—of diversity of citizenship affect a lawsuit? What did the court conclude with respect to the parties’ diversity of citizenship in this case?

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30 U N I T O N E The Foundations


Mala argues that the District Court had both admiralty and diversity jurisdiction. As a preliminary matter, the court certainly had admiralty jurisdic–tion. The alleged tort occurred on navigable water and bore a substantial connection to maritime activity.The grounds for diversity jurisdiction are less certain. District courts have jurisdiction only if the parties are completely diverse. This means that no plaintiff may have the same state or territorial citizen–ship as any defendant. The parties agree that Mala was a citizen of the Virgin Islands. [Emphasis added.]Unfortunately for Mala, the District Court concluded that Crown Bay also was a citizen of the Virgin Islands. Mala rejects this conclusion.Mala bears the burden of proving that the District Court had diversity jurisdiction. Mala failed to meet that burden because he did not offer evidence that Crown Bay was anything other than a citizen of the Virgin Islands. Mala con–tends that Crown Bay admitted to being a citizen of Florida, but Crown Bay actu–ally denied Mala’s allegation.Absent evidence that the parties were diverse, we are left with Mala’s allegations. Allegations are insufficient at trial. And they are especially insufficient on appeal, where we review the District on appeal, where we review the District on appeal Court’s underlying factual findings for clear error. Under this standard, we will not reverse unless we are left with the definite and firm conviction that Crown Bay was in fact a citizen of Florida. Mala has not presented any credible evidence that Crown Bay was a citizen of Florida—much less evidence that would leave us with the requisite firm conviction. [Emphasis added.]
* * * Accordingly, the parties were not diverse and Mala does not have a jury-trial right.* * * *
* * * For these reasons we will affirm the District Court’s judgment

Legal Reasoning Questions
1. What is “diversity of citizenship”?
2. How does the presence—or lack—of diversity of citizenship affect a lawsuit?
3. What did the court conclude with respect to the parties’ diversity of citizenship in this case?

 

Discuss at least 5 research articles from peer-reviewed literature that evaluate the outcomes of the policy, practice, or intervention. At least 4 of these 5 articles must be primary research; one may be a meta-analysis or a strong systematic review of the literature.

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Issue Paper Outline

 

  1. Introduction 
    1. Succinctly and clearly state the topic you are going to address.
    2. Why it is important? (Include relevant epidemiologic data)
  2. Literature Review 
    1. Discuss at least 5 research articles from peer-reviewed literature that evaluate the outcomes of the policy, practice, or intervention. At least 4 of these 5 articles must be primary research; one may be a meta-analysis or a strong systematic review of the literature.
    2. Briefly describe the methodology, key numerical results (do not give detailed numerical results or copy tables) and conclusions of the article paraphrased in your own words (do not cut and paste from the abstract). See sample paper for guidance.
  3. Strengths and Limitations of the Literature 
    1. Describe the strengths and limitations of the primary articles cited, paraphrased in your own words. Describe the strengths and limitations of the body of literature; do not just paraphrase the strengths and limitations stated in each paper.
    2. What do we still not know or understand about the topic you have chosen?
    3. What additional research is needed to more completely answer questions related to your topic?
  4. Policy and Practice Implications 
    1. Describe the implications of the literature you have reviewed on policy and practice and suggest changes that should occur using your own critical thinking.
    2. When describing policy implications, include:
  1. Opportunities to advocate for political, social or economic policies and programs that will improve health in diverse populations (MPH Foundational Competency 14).
  2. How current or proposed policies impact public health and health equity (MPH Foundational Competency 15).
    1. Consider the ways in which diversity may influence this process.

 

  1. Conclusions  
    1. Briefly summarize your paper.
    1. Briefly describe a systems-oriented approach to this issue (MPH Foundational Competency 22).
    2. State your overarching conclusion.
  1. References (in APA style)

Explain how your sincerely held religious belief, practice, or observance specifically conflicts with the Company’s COVID-19 vaccination requirement, and identify and describe the accommodation that you are requesting to eliminate the conflict, as well as any alternative accommodations that you believe will eliminate the conflict.

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Q about covid 19

 

1.Identify your sincerely held religious belief, practice, or observance that you believe specifically conflicts with the Company’s COVID-19 vaccination requirement:

2. Explain how your sincerely held religious belief, practice, or observance specifically conflicts with the Company’s COVID-19 vaccination requirement, and identify and describe the accommodation that you are requesting to eliminate the conflict, as well as any alternative accommodations that you believe will eliminate the conflict:

3. When did you begin following or subscribing to this religious belief, practice, or observance?

4. Would the religious belief, practice, or observance allow you to take the influenza, rubella (MMR), and/or hepatitis A vaccine, if it was required in order to work? And if so, why does the religious belief, practice, or observance allow you to take those vaccines but not the COVID-19 vaccine?

5. Identify any sources (e.g., religious texts), if any, that describe how your particular sincerely held religious belief, practice, or observance specifically conflicts with the Company’s COVID-19 vaccination requirement (or state “None,” if applicable):

 

NOTE: Individuals are welcome to use additional sheets to explain the basis for their request. If your request is approved, you will be exempted or receive a deferral from receiving the COVID-19 vaccine. If your request is not approved, you will be expected to receive the COVID-19 vaccine and comply with the Mandatory COVID-19 Vaccination Policy. My signature below affirms that I have read and understand the information on this form and that my request for a religious accommodation for the COVID-19 vaccination is based upon sincerely held religious beliefs, observances and practices.

Write an essay about Wiley Austin Branton’s accomplishments and his Franternity .

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Wiley Austin Branton

Essay about Wiley Austin Branton’s accomplishments and his Franternity; Omega Psi Phi.

Explain the racial impact of the policy and provide sound analyses within the structural requirements.

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Public policy

All written assignments must use proper citation using the Chicago Manual of Style. Each paper must also take an affirmative position on a public policy, explain the racial impact of the policy and provide sound analyses within the structural requirements of each assignment.