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Papers On Legal Briefs
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Emergency Treatment and Labor Act (EMTALA)
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A 4 page overview of the conditions stipulated by this law. The author reviews a recent case where a woman in premature labor admits to the ER and is subsequently admitted. When her infant is born it only lives two hours because it did not receive adequate care because of a technicality in EMTALA. Bibliography lists 3 sources.
Filename: PPnrsemtala.rtf
Emotional Distress; A Case Based on California Law
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This 6 page paper is a memo put together from material supplied by the student concerning a fictitious case where there is a potential claim for intentional infliction of emotional distress. The memo outlines the facts, considers the relevant legislation and cases including Christensen v. Superior Court (1991) and Saari v. Jongordon Corp. (1992).
Filename: TEemodis.doc
Ethical Treatment in Employment / A Legal Memorandum
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When an employee is denied promotion because of the knowledge that a manager has regarding their status and plans to remain (or not to remain) with a company, it is possible to contend that the manager has supported discriminatory action during the promotion process. This 6 page paper considers the scope of this argument and then devises a legal brief that applies many different legal perspectives to support this assertion. No additional sources cited.
Filename: Leglmem.wps
Examining Mr. Hansen's Fall
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A 13 page paper examining the likelihood of success should an individual, Tom Hansen, pursue a lawsuit against Apex Supermarket after slipping on a wet spot in the floor and suffering injuries that required surgery. The paper concludes that Mr. Hansen cannot offer proof of the store manager's statement of knowledge of the spill, and he cannot demonstrate that the spill had been on the floor for any significant length of time. It is likely that Apex Supermarket would request and receive summary judgment. The paper refers to three New York Supreme Court cases, but no sources are listed.
Filename: KSlawHansFall2.rtf
Exigent Circumstances: Stop and Frisk
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A 3 page review of Terry v. Ohio, a key Ohio Supreme Court Case. This case clarified that exigent circumstances could override the typical need for a warrant to conduct a search. Bibliography lists 5 sources.
Filename: PPsearc4.rtf
Experience Hendrix, L.L.C. v. Hammerton
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This 5 page paper is a legal brief outlining the parties, facts rule of law, discussions and holding of the case of Experience Hendrix, L.L.C. v. Hammerton, Administrative Panel Dection, Case Number D2000 – 0364, August 2nd 2000. The bibliography cites 1 source.
Filename: TEhendrx.rtf
Ferrous Products Co. v. Gulf States Trading Co.: A Legal Brief
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This 3 page paper provides an legal brief of the case of Ferrous Products Co. v. Gulf States Trading Co. Bibliography lists 1 source.
Filename: MHGulfStat4e.rtf
Fiduciary Duty of Directors to Shareholders in Australian Law
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This 8 page paper considers the impact of the case of Brunninghausen v Glavanics [1999] and its landmark finding that a company director may under certain circumstances owe a Fiduciary Duty to shareholders despite the traditional view that this was not the case. The bibliography cites 4 sources.
Filename: TEdirdut.wps
Freedom of Information Act Test Case.
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(5 pp) The supposed boon of living in a democracy
is that one has the right to apply to a court of
law concerning complex decisions. This discussion
will provide such a legal challenge and opportunity.
The Freedom of Information Act is used as a
defense.("United States Dep't of State v. Ray,
502 U.S. 164, 173-74, 112 S. Ct. 541, 116 L. Ed.
2d 526 (1991)". May 2000 Exception 7 included.
Filename: BBfreeAt.doc
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