Category: Law

FACTS FOR THIS DISCUSSION – DO NOT ADD OR ASSUME UNSTATED FACTS. 
ASSUME THE NEXT DOOR NEIGHBOR WAS SITTING IN HIS YARD AND TOOK A VIDEO OF THE WHOLE THING, SO THE FACTS OF THIS HYPOTHETICAL AS RELATED CAN BE PROVED IN COURT.
Victor Tremont has a classic muscle car that he fixed up and has enjoyed drag racing.  He has kept it well maintained.  Much as he loves the car, Victor finds himself in need of cash. He parks the car on his front yard, with a large sign on the windshield that says, “Cherry of a classic car, For Sale $4,900 or Best Offer. AS-IS.”
Gloria Goget drives by and sees the car. She is immediately enamored and stops to look at it. She is sure the car is worth more than the asking price. When she knocks on the front door, there is no response; she looks around, and decides nobody is home, so she takes her business card and on the back writes, ” I will pay you $5,500 cash for your classic car.”  She signs her name, and dates it, including the time, and slips the card onto the windshield of the car under the wiper blade.
About a half hour later,  Victor returns. He does not see Gloria’s card because he does not walk around and look at the car.  A few minutes after he is home, his buddy, Levi Lord, pulls in to look at the car. Levi has always liked the car and has gone racing with Victor. Levi offers Victor $5,000 even for the car, and Victor accepts. The two men shake hands on the deal. Victor goes in the house to get the car title while Levi writes out a check to Victor for $5,000.
Victor comes out with the title in his hand. As Levi starts to hand him the check, Gloria pulls in. She has an envelope of $5,500 cash for the car. Victor says to Gloria,”sorry, but I have just sold the car to Levi here.”  Gloria objects and says she already offered $5,500 earlier.  
When Victor says, “No, you didn’t,” she marches him to the car and shows him her card.
“There is my offer, I already left you before.  You weren’t home and now I have the money right here,” she said.
Victor turns to Levi, “Sorry, she did leave this offer, I’m going to sell it to her for more money.”
Levi objects, stating, “You just said you already sold it to ME. We shook hands on it. You cannot back out now just because some card was floating around no one knew about. She wasn’t even here! She’s a loser too late!”
While the three of them stand in the yard arguing, Jack Bucksworthy drives in the yard. He gets out of his Cadillac, looks at the muscle car, and moseys over to the three arguing people.  He asks, “who owns that hot rod for sale?”
“I do,” says Victor.
“No, I do,” says Levi.
“It’s MY Car,” snaps Gloria.
“I’ll pay whichever of you, $8,000 for that car,” says Jack,  “but only if the engine starts.” 
Victor answers, “Of course it starts. I accept your offer.”
Levi hollers, “NO! That car is no longer for sale! I bought it! It’s mine! I’m not selling it!” (Waving the check in Victor’s face.)
Gloria stomps over to the muscle car, grabs the sign off it, and sits on the hood.  “It’s my car. I was here before all of you and I have real money in hand.” she yells, waving her envelope over her head. 
Victor says to Jack,” Pay no attention to them. I have the title — right here. My car. Let’s start the car.”
DISCUSSION PROMPT:
YOU BE THE JUDGE. DECIDE WHO GETS THE CAR. 
USING THE ABOVE FACTS, DISCUSS AND ANSWER THE FOLLOWING:
identify the contract issues you see here.
Applying common law principles of contract, who gets the car, if anyone, and for how much? Explain your reasoning using the definitions and principles of contract provided in Lessons, required readings and any other research you do.
In terms of making an offer, what is the legal significance of Jack Bucksworthy’s statement, “only if the engine starts?”

Read the following case:  Seldin v. Seldin, 2015 Md. App. LEXIS 776 (Court of Special Appeals of Maryland November 20, 2015)(Case is attached)
You can also find this case by accessing Nexis Uni. To access Nexis Uni: Click on the Library tab of your main classroom screen. Click on Research then Search, Articles & Databases.  This will take you to an alphabetical listing.  Click on N and select Nexis Uni.
Your supervising attorney has a client who is seeking a divorce. Your attorney has requested that you review Seldin v. Seldin, 2015 Md. App. LEXIS 776 (Court of Special Appeals of Maryland November 20, 2015)  and advise the attorney of the following:
Who were the parties in Seldin and what does each party seek to accomplish?
What are the facts of Seldin?
What is the difference between pendente litealimony, rehabilitative alimony, and permanent alimony?
Explain in your own words the exceptions to rehabilitative alimony.
The court discussed “unconscionable disparity.” Which party used this argument and did the court agree?  Explain.
Discuss the court’s decision.
Explain what the court decided in terms of alimony and the family house.
Discuss why you agree or disagree with the Seldincourt’s decision.
Write a two-page memo to your attorney answering these seven questions. Your attorney wants to see if this case applies to the client’s case.  Be sure that your paper is well organized and that each question is clearly noted. While you must rely on the case itself, it is encouraged that you do additional research to gain an understanding of any terms that you are unfamiliar with.
Link to Sample Memo: https://www.law.cuny.edu/academics/academic-resources-support/legal-writing-center/student-resources/drafting-a-law-office-memorandum/#1619040340700-cc0a834f-69eaaeb9-17b2fcdd-43a4ac80-1b39b6ee-9f2a

you will have to ANSWER 2 QUESTIONS Please note that 2000 words is the maximum word count for the completed the paper you   will have around 1000 words to answer each question on the paper. Both questions are equally weighted so please Do not exceed the word count as this may result in a penalty being applied  please use  Use formal, clear language. • Good legal writing is concise and direct • Correct grammar and spelling – proof read! Make sure that your spell checker is set-up for English spelling (colour rather than color etc) and recognises legal terms e.g. tortious not tortuous, statute not statue etc • Presentation – avoid small font sizes and unusual type faces (Arial or Times New Roman, 12 point are the safest) • Case names should be in italics 
Questions-
1. Critically consider whether the parameters of liability for criminal attempts are clearly
defined and consistently applied. 
3. Amy and Lacey were students who shared a first floor flat in Brighton. Amy had been getting
increasingly annoyed with Lacey as she thought that Lacey was untidy and did not clean up
after herself sufficiently well when she had been cooking in the kitchen. When Amy mentioned
her frustration to Lacey, Lacey would routinely ignore her, which would incense Amy. When
Amy also complained about Lacey making too much noise when she sometimes came back
to flat late at night, Lacey would often tell her to ‘mind her own business.’ When this happened
three weeks ago, Amy had become very angry and had threatened to throw a teacup at
Lacey.
Last Saturday Lacey had an early dinner and left the kitchen in the flat in a complete mess
when she went out into town. Later, Lacey came back to the flat and woke Amy up by putting
her music on loudly in the shared living room. When Amy complained, Lacey told her to ‘get
a life’! Amy became furious at this, and it seemed that she was about to lose her temper.
Lacey believed that Amy was about to punch her in the face and so she decided to push Amy
very hard. Amy was standing by the stairs in the communal area at the entrance to the flat.
She had difficulties with balance due to an ear infection, and she stumbled backwards and
fell down an entire flight of stairs. Amy was taken to hospital where wounds to her face and
legs, which were not thought to be life-threatening, were treated. However, Amy had also
suffered internal bleeding to the brain as a result of the fall, which was missed by the doctor
treating her, and she later died as a result of this.
Discuss Lacey’s potential liability with regards to Amy’s death.
1) Read the set reading, attend seminars, and learn the law throughout the semester, not just in the run-up to the exam. The best tactic for a law exam is to go in prepared. 2) Be concise. You have a very small word count. Use short sentences, writing simply. 3) Start with a brief introduction telling us what crimes you will identify, and the order in which you will discuss them. 4) Use IRAC (Issue, Rule, Apply, Conclude) as a framework for your answers. Identify the facts which raise a potential crime. Start with the most serious (e.g. murder rather than assault). Tell us the rule for that crime (actus reus and mens rea) citing the relevant law. Establish if the AR is satisfied. Establish if the MR is satisfied. Determine if a defence may be applicable: if so, again use IRAC to discuss if it takes effect. Then, conclude as to guilt or innocence. If liability cannot be found, you can try for a lesser offence (e.g. manslaughter), or move on to another potential crime. Continue until you have concluded on all likely criminal events. 5) If the facts of the case, or law you are talking about, should prove ambiguous, tell us what that ambiguity is. Then, tell us which solution you think is most likely and why. You lose marks for being equivocal: be clear and give reasons for any decisions you make. This will get you very good marks. 6) If it is unlikely that a specific offence has occurred, or that a particular defence will apply, do not waste precious word count ruling it out. If the facts do not mention alcohol or mental illness, for example, there is no need to bring in intoxication or insanity pleas. Focus on what is most likely to be relevant, and work from there.   
the sources should be only                                                                                        
 Primary sources – cases and statutes (where relevant) but the basis for the argument 
 Quality Secondary sources –academic journal articles (check out
reading suggestions accompanying the seminars. You may also
want to check the electronic library, e.g. the journals search facility
on Westlaw).
 Answer the questions set, not one that you would have liked to be
set. We will never ask you to ‘Write everything you know about…’,
but answers of this type are often produced – this is not a recipe
for a good mark 
 Use your knowledge and skill to interpret what is asked of you to
the best of your ability – as you would do in a traditional exam. 
 Structure your answer thoughtfully. At this level of study there is
usually no single set answer nor expected structure. We will credit
your content and structure on its merits. 
 Members of the Tort team (and other faculty) are not permitted to
advise on the interpretation of the questions, cannot read work
before submission etc.
Writing your Answers 
When answering the essay question 
• What is the question asking? What issue/s raised by the question? 
• Make sure that you do what the question asks – critical evaluate/discuss etc
rather than purely descriptive 
• Scope for interpretations to differ – convince marker regarding the relevance of
your approach 
• Support your response with close analysis of the cases and other relevant
sources. 
• You must go beyond merely naming cases to offer an informed analysis of the
relevant law within them. 
• Do the thinking before the DEX, go broad first (READ KEY JUDGMENTS &
JOURNAL ARTICLES which will develop your understanding and analysis) 
• Ensure that you have a clear introduction, middle and conclusion & proof read
thoroughly 
layout 
◦ Introduction
 Briefly explain your interpretation of the question
 Identify issues and broadly explain arguments 
 Outline of the structure 
◦ Body 
 Present your arguments. Pay attention to how your
argument flows from one paragraph to the next
 Support your arguments with relevant authority (cases,
articles, possibly statutory material) 
◦ Conclusion 
 Draws together the main argument presented in the
body. 
 Your final chance to remind the reader what your essay
set out to do, and how you achieved this, although the
conclusion should not contain new material.
Essay questions 
Problem question
• Accept the facts set down in the factual scenario. Do not go too far ‘off piste’ 
• It is unnecessary to have ‘general’ introduction at the beginning of a problem
question – seek to identify the issues early 
• Presentation – you can make use of headings if you wish 
• Issue, law and application – Identify the legal issue, state the relevant law (case
law/statutory material) and apply the law to the facts 
• You will be given appropriate credit as long as your structure makes
sense and effectively conveys what you intend to say. 
I Identify issues
R Identify the Relevant Law
A Apply the Relevant Law
C Conclude
Problem question
• Focus on the issues raised and what you are asked to do. Don’t write
everything you know about the area(s). 
• Most credit is given for analysis and application of law in relation to the
facts of the problem 
• No need to repeat the facts of the problem in your answer, other than as
necessary to make clear which part of the problem you are addressing. 
• Apply the authorities (cases and/or statutes) to the facts appropriately 
• The more detail in which you know the cases/statutes the more you will
be able to spot and engage with the likelihood that they will be applied or
distinguished. 
• Unlike essay answers, journal articles are usually less important for
problem answers, although feel free to refer to them if they enhance your
arguments or help with your interpretation of points.
Problem question 

The last two sources must be changed per request of my professor. I am providing the two new sources to be used as a replacement for the original two. Outside sources are not to be used.
The organization, analysis, and thesis of the paper must be adjusted and sharpened. The other 4 original sources may need to be adjusted to comply with MLA formatting.
I will provide pictures of the professor’s comments for clarity on what specifically should be fixed.
The file labeled 10 page paper is the file to be edited.

Ben is an Italian national living in the UK. He moved to the UK before the beginning of the transition period and was granted pre-settled status. Ben went back to Italy to tend to his sick mother and stayed for 7 months. Upon his return, he was informed that his status was revoked as he stayed outside of the country for more than 6 months. Ben argues that his freedom of movement under EU law was violated and claims that he was also discriminated against based on his nationality as his friend who is French and stayed abroad for 8 months for vocational training, did not have his status revoked.
Ben has now been ordered to leave the country. Ben is now seeking legal advice concerning his position as well as the enforceability of his claims. He does not understand what has changed since Brexit as he does not have legal training, but he would like to know whether he can enforce his rights in UK courts under the new UK-EU legal regime and if so, how.
In the meantime, Ben’s friend, Maria, an activist who works for a well-known NGO, has been preparing a campaign to support people’s rights and spread awareness among the local community. She is looking to prepare a series of videos on understanding how the human rights regime in the UK has changed since Brexit. Ben referred you to Maria who has now asked you for expert advice. 
You are asked to:
Advise Ben. Additionally, how would your answer differ if this happened during the transition period? 50 marks.
Provide Maria with an explanation of the changes to the UK legal system and the applicability of EU law post-Brexit. What effect could all those changes have on the human rights regime in the UK? 50 marks.
Submit your saved document below before the end of Unit 9.
After the deadline, the submission page will be locked.
If you need to apply for Late Submission, please complete the late submission of coursework form
The assignment word count is 4,000 words. If you exceed the word count by more than 10%, then your assignment grade will be reduced by 10% grade points.
Please refer to the OSCOLA Quick Guide, OSCOLA Citing International Sources and OSCOLA Referencing Guidelines, it is vital that you correctly reference any parts of your assignment that are not your original work.
Your assignment will be run through Turnitin (the plagiarism detection website) upon submission.
You must read and satisfy yourself that you have complied with the Academic Integrity and Plagiarism requirements

What I need to be completed:
-a copy of the organization
-script with embedded citations and a complete works cited
-canvas presentation
I will be completing the audio presentation on my own.
please reference “CPT Part 3 International Crime.pdf” for instructions and rubric. The topic you will be covering is “Human Trafficking and Slavery”
Find “CPT 3 Organizer.pdf” for the organizer template.

Assignment 3 Memo – Research – Claire Genest Family Matter
MEMORANDUM
TO:         LRW Student
FROM: Evelyn Parson
RE:       Claire Genest – Divorce and Parenting Time
I am representing Claire Genest in regard to outstanding family law matters concerning her divorce and children. 
Claire and her husband, Claude Genest, were high school sweethearts and were married on June 1, 2008, in Metro City, Canada. They have three children from the marriage- Genevieve (13 years of age and in grade 8), Felix (7 years of age and in grade 2) and Madeleine (3.5 years of age). Claude is an architect and project manager at a well-known and successful architect firm. He has always worked long and unpredictable hours and travels often to supervise architect projects. Claire is a homemaker. She and Claude agreed at the beginning of their marriage that she would take on this role while he advanced his education and career.  They also agreed that they did not want their children to attend daycare. Claire explained that their plan was always to have two children and that Madeleine was really a surprise. Claire is hoping to go to school to obtain her nursing degree but will wait until Madeleine starts going to school. Claire jokes that she will be the oldest student on campus, but this has always been her dream. 
The last few years have been difficult for their marriage, and Claire thinks it started with the COVID pandemic. Claude worked from home for about 6 months, and Claire said that this was when she started to realize that maybe they were no longer well matched. Claire and Claude attended marriage counselling until last fall, but it was not successful, and they decided to separate on January 1, 2024. 
Claire and Claude continue to reside in the family home together and have agreed that Claire will retain the family home. The reason they chose their current home was because it is close to extended family. Claude’s mother, Claire’s parents and Claire’s sister and her family all live in the same area within walking distance. The children are close to all of them, especially their cousins. Claude has plans to move into a two-bedroom rental property within the next couple of months while his new four-bedroom home is being built. The build has not yet started, and Claire is sure it will take at least a year, if not longer to complete. The rental property is very close to Claude’s work and the location of his new home so Claude can easily keep tabs on the progress. Claire says it is a 40-minute drive to that part of the city from the family home. 
So far, the situation between Claire and Claude has been civil. Genevieve and Felix are aware of the separation and know that Dad will be moving soon. Claire and Claude explained the situation to them together. Madeleine is not really aware of what is happening given her young age. Claire has a friend, Molly, who recently went through a divorce and Molly told her that she and Claude would have to work out parenting time. Molly also told her that the Divorce Act, R.S.C., 1985, c. 3 (2nd Supp) was really important to her own case and that this is what her lawyer relied on when considering what could happen with parenting time of the children.
Claire and Claude discussed decision making responsibility and have both agreed that it is not an issue, and they agree on all the major decisions. All three children have been baptized and Claire ensures they attend their neighborhood church each Sunday (Claude used to attend all the time but his attendance has become less common). Further, Claire and Claude come from French Canadian families and so they mutually agreed that the children would attend Francophone schools, which are about a 20-minute drive from the family home. Claire says there are no issues regarding health, religion, education or extracurricular activity decisions being made jointly. Molly also informed Claire that she remembers her lawyer telling her that the Divorce Act had just been amended in 2021.
Claire is concerned about parenting time. She has not discussed this in detail with Claude but is getting the sense that he thinks it will be easy to work out and that they will have equal parenting time. Claire had assumed that the children would be with her most of the time, seeing as she has been the stay-at-home parent. Claire is worried that Claude is being unrealistic and impractical.  Claude has made comments about working from home when he has the children (so Madeleine does not have to attend daycare) and stopping his travelling. Claire is the one who normally takes the children to their activities and appointments and drives them to and from school. Claire also makes their meals, bathes them and gets them to bed. Claire advises that Claude does make efforts to help when he is home.
Genevieve has told Claire that she does not want to reside with her dad on an equal basis because the drive to the family home/activities from his new place is way too long and she does not want to miss out on spending time with her friends. Also, Claude only has two bedrooms so Genevieve is not thrilled about that and is not sure where they would all sleep. Felix is pretty happy-go-lucky but can be hard to get going in the mornings. He is also allergic to peanuts and Claire is worried that this could slip Claude’s mind as he is not the one who typically prepares meals and school lunches. It is very important that Felix always has easy access to an EpiPen (auto-injector for allergies). Claire is concerned about Madeleine’s young age and being away from her for any extended period of time. 
Claire knows that Molly’s case went all the way to trial and was extremely expensive. Claire advises that her parents said they would help pay her legal fees if litigation is required, but she really does not want to go that route. She is hoping to keep the transition as seamless as possible for the children and wants to know the law around parenting time.
Please research the relevant sections of the Divorce Act and related law and provide me with a completed Research Synopsis. At least three of the cases that you rely on must be briefed in the Case Brief section of the template. You should provide your research findings and remember the focus is on parenting time. Decision making responsibility, division of family property, child support and spousal support are not at issue here.
I will leave it to you to decide which specific sources to use, but I expect you to consult and cite the Divorce Act, case law and secondary sources. Be sure to indicate whether you think we need more information and state your assumptions.
Copyright © 2024
below is the template attached 

1.     What is Van den Haag’s argument for the death
penalty?  Be sure to include the
specifics of his claims, including the specific problems that have to do with
the application of the death penalty. 
Also  Explain the pure retributivist argument for the death
penalty and contrast it with an approach based on deterrence.  Which do you find more convincing, and why?    The Supreme Court is currently in the process of
putting a hold on executions by lethal injection until it decides whether the
practice is cruel and unusual punishment prohibited by the 8th Amendment.  If you were to offer counsel to the Supreme
Court, what would you argue, and why? 
(use this source for question – ON DETERRENCE AND THE DEATH PENALTY
ERNEST VAN DEN HAAG )
2. What are the
three theories of punishment that we discussed? 
In answering this question, explain :     What these theories are (that is, what they argue).  Please note whether these theories are
backward-looking or forward-looking (and why this matters).    What are the advantages and disadvantages of each
theory?  Which theory (if any) makes
sense to you if we want punishment to be effectie?  Please say why.    Why does the law draw a distinction between how we punish 
people for criminal actions and how we treat (military) prisoners of war?  Do you agree that there should be a
difference in how we treat these two categories of people?  Why or why not? 
(use this source for this question – https://plato.stanford.edu/archives/spr2016/entries/war/#2 ) 
3. What is the
(legal) difference between speech and action? 
Please give some examples of both. 
Also, please answer the following: Are there some
kinds of action that are also legally considered to be speech?  Is there some kind of speech that is also
legally considered to be action?  Please
give examples of both, and say whether you agree or disagree with these
classifications — and why.     Do you agree with
the Court’s decision in National
Socialist Party of America v. Village of Skokie?  (Please explain what the case addressed,
how the Supreme Court ruled, and why). Why or why not?   Should the right
to free speech be absolute?  Why or why
not?
( use peer-reviewed source for this question)

Identify any issue discussed in this
unit concerning the interplay between Australian laws and children or older people.
Write your own essay question about this issue, then answer this question by
writing a 2,500 word research paper critically examining this
issue.  
Further instructions
Drawing
on the learning throughout the course each student will select a topic they
want to research and write about (feel free to ask the convenor about your
topic choice and seek advice about this). Each student will then write their
own essay question about this topic and then apply their research skills and
produce a research paper of no more than 2,500 words. 
This
assessment is an independent research paper and will give students the
opportunity to draw on key elements of child and/or elder law explored during
the course.
This
is a research essay. You are required to develop a thesis (an argument).
You must conduct your own research beyond the course readings and engage with
high quality scholarly sources (e.g. access research in journal articles/books).
Students
must:
Choose
a different
topic from the one chosen for the Law Reform Campaign assessment.
Draw
on one
key legal issue discussed in this unit. This must be either child or
elder law, but not both. The research topic must be associated with a topic in
this unit – you cannot write about a topic that is not covered in this unit.
Critically
discuss and integrate relevant international human rights law. 
Critical
examination of a legal issue should involve making recommendations about how to
address the issue.
Avoid
lengthy description. It is the depth of your research and the ensuing analysis
that is important. Keep description to a minimum. Use your words to present
compelling arguments and an analysis of the legal issue you are writing about. 
If
you are writing about topics relating to Indigenous peoples make sure you
reference Indigenous scholars in your paper (see Leganto list for some
suggested Indigenous legal scholars) and use appropriate language (see Aboriginal Cultural
Protocols document referenced in the lectures).
FORMAT
Essays must be submitted in a word document and be double-line
spaced text using 12 point font (use Times New Roman). Essays are to be no
longer than 2,500 words (this word count does not include the footnotes and
bibliography). This is a strict requirement and any content (other
than the footnotes and bibliography) over 2,500 words will not be marked.
Exceeding the word limit will mean the last portion of excess words will not be
marked and this could mean that all or part of the conclusion is not marked (if
this occurs this will significantly and negatively impact student’s marks.)
Footnotes should only be used for references, with no further
discussion. A bibliography must be provided. Submissions must
be a word document. This paper is to be submitted via the appropriate
Turnitin link on the iLearn page.
The essay must comply with the Australian
Guide to Legal Citation (4 ed). The Guide is available here: https://law.unimelb.edu.au/mulr/aglc
This is really important – for the
BIBLIOGRAPHY for your essay you can only include what you cite in the text. This means you cant include in the
bibliography anything you have read but NOT cited. 
This is a super super strict requirement because when we mark
the first thing we do is go to the bibliography to see what you have used in
the essay – if there are discrepancies between what is used in the essay and
what is in the bibliography that will be a big problem. So make sure you don’t
cite anything in the bibliography that you haven’t used in the text. 
Remember you don’t have to quote a line from a source to use it
in your essay – you can use ideas without quotes thus, include it in the
bibliography (so long as it appears in a footnote in the essay). 
SUBMISSION
Via the correct Turnitin link on this iLearn page. Resubmissions
are permitted up until the deadline but not after the deadline. The paper that is submitted is the paper
that will be marked. That means that if a draft is uploaded the draft will be
marked. It is the responsibility of the student to upload the correct document.
This is a non-negotiable rule in this unit and will apply equally to all
students. 
ASSESSMENT CRITERIA
1.       Demonstrate awareness and understanding of the
legal issues affecting children or older people in various contexts.
2.       Identify the elements of a rights-based approach
to legal issues that affect children or older people.
3.       Engage in critical analysis of the way in which
laws impact on children or older people.
4.       Evaluate the role of law reform in key areas
affecting children or older people.
5.       (if relevant to the essay topic) Demonstrate
awareness and understanding of the way law impacts on diverse communities of
children or older people, especially (if relevant to the topic), Aboriginal and
Torres Strait Islander peoples.

this is an offer for land law question answering based on the extract listed below (examination format) consist of 30 multiple choice question  which inclueds question based on the facts of the document below* and land law