Based on the Order and Confirmation above, is there a contract? State the details in the case and address the facts based on law.

Taylor’s & Fast Fasteners

Lou handles purchasing for Taylor’s, Inc., a small manufacturing business. An order had been placed for Taylor’s to produce 1,000 frames for delivery on Friday. On Monday morning, Lou, the purchasing agent for Taylor’s, learns that a component needed to fulfill the frame order has been damaged. The fasteners to be used to connect the wood frames have rusted and are unusable. Worried that Taylor will lose its largest customer, Lou’s boss directs Lou to obtain alternative fasteners as soon as possible. Lou faxes an order to his best supplier, Fasteners Fast, Inc., requesting that replacement fasteners be delivered by Wednesday. Pat, the order receiving agent at Fasteners Fast, receives the fax, confirms the availability of the necessary fasteners in inventory, and sends a Confirmation Notice by fax the same day to Lou. The Order and Confirmation Notices are reprinted below.

 

Purchase Order / Taylor’s Inc. Order Number 201507009

To: Fasteners Fast, Inc. Date: Monday Delivery By Wednesday close of business

10,000 #2 fasteners, zinc finish, corners

 

Supplier shall retain the risk of loss with respect to the product until the product has been received within the purchaser’s building.

 

Confirmation Notice / Fasteners Fast, Inc. – we deliver fasteners, FAST!

To: Taylor’s Inc. Date: Monday Confirmation of Order 201507009

Part No. 66881P: 10,000 #2 fasteners, zinc finish, corners / Wednesday shipping

Price: $4,600 + freight

All Items shipped FOB Seller.

Based on the Order and Confirmation above, is there a contract? State the details in the case and address the facts based on law.

Did you find two or more high-level, primary sources to cite along with at least one secondary source? Did you correctly use Bluebook and correctly use the citations and not rely overly on quoted material?

First amendment and how rappers lyrics can be used against them.

1) Validity of Sources (ie. did you find two or more high-level, primary sources to cite along with at least one secondary source?) worth 25 points;

2) Proper Citations (ie. did you correctly use Bluebook and correctly use the citations and not rely overly on quoted material?) worth 25 points;

3) Correctness of the Information Conveyed (ie. do you correctly explain the law and facts and correctly draw conclusions?) worth 25 points; and

4) Writing Quality (ie. is the paper well organized with opening and closing paragraphs, point sentences, lacking typos and grammatical errors, within page parameters?) worth 25 points.

Write a response papers agreeing or disagreeing with the readings; Compare and contrast the readings; Discuss issues from the readings that you found particularly interesting

Response Paper

Response papers. Each student will be required to submit three response papers during the semester. Each response paper should be at least three full pages (double-spaced). The papers should respond to two or more cases in the readings for that week. Do not devote extended space to summarizing the readings. Instead, you should use the papers to

1) take a position agreeing or disagreeing with the readings;

2) make a further observation about the points discussed in the readings;

3) compare and contrast the readings;

4) in any other way discuss issues from the readings that you found particularly interesting. No outside research is required. The response paper will to the below cases and reading in the links below:

https://www.hollywoodreporter.com/business/business-news/california-appeals-court-discusses-newsworthiness-floyd-mayweathers-social-media-posts-98916-989164/

https://casetext.com/case/dahlstrom-v-sun-times-media-llc-4

https://casetext.com/case/haynes-v-alfred-a-knopf-inc

link the news on Hollywood reporter with the two cases as instructed above.

Did the sale of an item via eBay provide sufficient minimum contacts to support personal jurisdiction over a nonresident defendant in the buyer’s forum state?

FACTUAL BACKGROUND AND PROCEDURAL HISTORY:

“Boschetto” is a Californian who lives in San Francisco. Defendant-Appellee Jeffrey D. Hansing is a Milton, Wisconsin resident. Defendants-Appellees, Defendants-Appellees, Defendants-Appellees, The Boucher Defendants are private firms with major places of business in Wisconsin: Frank-Boucher Chrysler Dodge Jeep, Gordie Boucher Ford, and Boucher Automotive Group (“Boucher Defendants”). Although it is not alleged that the Boucher Defendants’ website was related in any manner with the transaction at issue in this case, the Boucher Defendants do maintain a website that advertises their auto dealerships. Hansing works at Frank Boucher Chrysler Dodge Jeep, one of the Boucher Defendants.
On August 1, 2005, all Defendants “owned and advertised a 1964 Ford Galaxie 500 XL 427/425 hp R Code in awesome condition, not restored, rust free chrome in excellent condition, recently rebuilt and ready to drive, with clear title, and a vehicle warranty number of 4E68R149127,” according to the complaint. The car was listed for sale on the eBay Internet auction site, and Boschetto’s\ complaint included a copy of a portion of the eBay listing. Id. The item was listed as being located in Janesville, Wisconsin on eBay. On August 8, 2005, Boschetto placed a $34,106 bid for the Galaxie and was notified that he was the winning bidder through eBay the same day. Id. Boschetto and Hansing corresponded through email to coordinate the vehicle’s delivery from Wisconsin to California. On September 15, 2005, Boschetto hired a transport firm to pick up the car in Wisconsin, and it arrived in California. Id.
Boschetto noticed that the automobile was not a “R Code” as claimed upon arrival, and observed a number of additional issues, including a non-starting motor, rust, and major dents on the vehicle’s body. Id. Boschetto attempted to cancel the transaction by contacting eBay and Hansing, but his attempts were unsuccessful. Id. On February 23, 2006, he filed a complaint in the United States District Court for the Northern District of California. Boschetto asserted four state law claims (violation of the California Consumer Protection Act, breach of contract, misrepresentation, and fraud) and pled federal diverse jurisdiction under 28 U.S.C. 1332. (a).
All of the defendants asked for the case to be dismissed due to a lack of personal jurisdiction. The motion was granted by the district court on July 13, 2006. The district court concluded that the lone jurisdictionally relevant contact with California, an eBay sale completed with a California buyer, was inadequate to establish jurisdiction over any of the Defendants. Despite the fact that Hansing advertised the car on eBay, the district court noted that “eBay acted not as a ‘distribution center,’ but rather as a virtual forum for the exchange of goods,” and that in a standard eBay transaction — such as the one at issue in this appeal — the item goes to the highest bidder, and thus “the eBay seller does not purposefully avail himself of the privilege of doing business in a forum state absent some additional conduct directed at the forum state Id.
Boschetto’s request for additional discovery relevant to jurisdiction was similarly denied by the district court. The court held that Boschetto’s request for extra discovery was based on “speculation] without any support” that the additional discovery would provide jurisdictionally relevant facts, notwithstanding its “wide discretion” to allow or refuse such discovery. Id. On July 17, 2006, a judgment was entered, and this timely appeal was filed.

Issue:
‘’ Did the sale of an item via eBay provide sufficient minimum contacts to support personal jurisdiction over a nonresident defendant in the buyer’s forum state? ’’(Boschetto v. Hansing case brief summary, 2021)

Describe and analyze recent efforts to curb “revenge porn” and assess their constitutionality. Can or should anything more be done to address this problem?

First amendment issue.

Describe and analyze recent efforts to curb “revenge porn” and assess their constitutionality. Can or should anything more be done to address this problem?

For this report, brief the USA v. Bonds decision from the U.S. Court of Appeals for the Ninth Circuit.

Briefing a case

For this report, you are to brief the USA v. Bonds decision from the U.S. Court of Appeals for the Ninth Circuit. A copy of that decision may be found here;

(Links to an external site.)

Submit a Case Brief on this decision, following the format as described in the PowerPoint “Briefing a Case Download Briefing a Case.”

You shall be graded on your complete and proper explanation of the elements of the case brief and language usage, all as noted below. The report must be no more than 3,000 words and is to be submitted in typed, double-spaced form. A report that does not follow this form will be deducted one point. This project is 10% of your overall grade.

 

Is the arbitration provision of the agreement unconscionable? In your answer, first, provide a legal definition of the concept of unconscionability, and then discuss the facts above in relation to the legal definition to support your answer.

Arbitration clause

Ray Charles was eighty years old when his family determined that he needed full-time nursing care for his substantial health conditions. As a result, his daughter, Ellen, worked with ABC Nursing, Inc., to develop an admission and treatment plan for Mr. Charles. At admission, Ellen signed a written document drafted by the nursing home, which included on page six an arbitration clause that required that any and all disputes involving the care of Mr. Charles would be arbitrated. The clause also provided that residents must waive their right to a jury trial for all claims, that the loser of arbitration would be obliged to pay for the cost of arbitration, including the winner’s attorney’s fees, and a waiver of any right of appeal of the arbitration outcome. Ellen did not consult an attorney before signing the document and did not attempt to negotiate any of the terms in the document with the nursing home.

Mr. Charles was subsequently admitted, and allegedly seriously injured by the nursing home staff, resulting in his untimely death. His daughter, on behalf of his Estate, filed a lawsuit against the nursing home, alleging that the nursing home’s conduct resulted in significant injuries culminating in Mr. Charles dying in their care. The nursing home answered the complaint and filed a motion to compel arbitration.

Is the arbitration provision of the agreement unconscionable? In your answer, first, provide a legal definition of the concept of unconscionability, and then discuss the facts above in relation to the legal definition to support your answer. Responses to this question should be 350 – 500 words in length, with proper spelling, grammar, and punctuation.

Why have the government accepted some proposals for reform and rejected others? Were they right to do this? What are the arguments against reform?

Homicide

‘The law governing homicide in England and Wales is a rickety structure set upon shaky foundations. Some of its rules have been unaltered since the seventeenth century, even though it has long been acknowledged that they are in dire need of reform’ (Law Commission, 2005)

Consider the statement above and decide whether the law governing homicide in England and Wales is in need of reform.

You must answer within an essay format, within a word limit of 1500 words.

In order to fully address this task question, some of the relevant content includes:
– What is the current law governing Homicide in England and Wales?
– Some of the key issues: partial defences to murder, controversy surrounding the intent required for murder, is the breadth of manslaughter too broad?
– The proposals that have been put forward by the Law Commission and other bodies
– Why have the government accepted some proposals for reform and rejected others? Were they right to do this?
– What are the arguments against reform?

When you are advising James consider the following ? Is he an Employee or worker ? What rights does the law indicate that he has in relation to Contracts? When and how this should be communicated Health and Safety? What are the duties that an employer to an employee ?

Employment law

Adam Smith, employs James Clark as a Waiter for his Restaurant Business- “Good Food and Good Times ” . James has worked for Adam for 13 months but has not received a formal contract of employment. He is paid on a regular weekly basis and Adam pays tax and national insurance, but does not provide any of the clothing that James uses. Adam has also made it clear that the sector is dangerous and that if there are any injuries whilst at work there is no sick pay.

James has indicated that he has had a couple of injuries whilst working from Hot plates which he has carried out to guests, also when he was taking orders from the kitchen, he slipped on the wet floor and this meant that he had to have time off from work as he had hurt his back. He has recovered from both, but feels disappointed that Adam did not pay him for the time off, or change anything to avoid his injuries, Adam says that it is just part of the job that he does so he should not complain.

Advise James in relation to his rights.When you are advising James consider the following ? Is he an Employee or worker ? What rights does the law indicate that he has in relation to Contracts? When and how this should be communicated Health and Safety? What are the duties that an employer to an employee ?

Sick pay

Where is the Law found which sets out James rights

Then plan your answer – so that you do not get the law or its application confused .

For each answer

What are the facts ?

What is the Law/ case law ?

Apply the law to the facts ?

Come to a conclusion

Write specific details and examples as to how private sector organizations and their employees can have a direct impact on addressing each of these goals during this timeframe.

DHS Strategic Plan

As we bring this study to a close, we now take a look into the future. In the DHS Strategic Plan: Fiscal Years 2020-2024, the following goals have been established that the private sector can have a direct impact upon:

Counter terrorism and homeland security threats
Securing U.S. borders and approaches
Secure cyberspace and critical infrastructure
Preserve and uphold the nation’s prosperity and economic security
Strengthen preparedness and resilience

Based upon all that we have discussed throughout this study, offer specific details and examples as to how private sector organizations and their employees can have a direct impact on addressing each of these goals during this timeframe.