OB week 7 assignment

Wanda attends a public high school. Today's lunch is a roasted pepper and tabouli on pita sandwich, which Wanda detests. During the lunch hour, instead of saying something about the sandwich, eating it, or trying to find something else to eat, Wanda yells "Food Fight" and tosses her sandwich to the floor. No fighting actually occurs, but students throw a huge amount of food onto the floor, leaving the cafeteria covered in peppers, tabouli, and pita bread. The school principal is furious and orders Wanda to clean up the mess. Wanda refuses and claims she was exercising her right of free speech. True or False: Wanda's actions are protected under free speech. O True, because Wanda was expressing her thoughts. O True, because Wanda was engaged in expression-plus. O True, because Wanda's actions were not obscene and demonstrated no imminent lawlessness or clear and present danger. O False, because students are not protected by the First Amendment. O False, because Wanda did not intend to…

MJ drops into a restaurant and orders his meal and then discovers on the counter money left by some previous customer in payment for his lunch. MJ uses this money to pay for his meal. Was MJ’s action justified? Why or why not? Discuss this in line with values promoted by the Ten Commandments and the Virtues.

What issues must the court decide in this case? John Hitman was fired when he was caught carrying a gun into work. He was hospitalized following the incident and was diagnosed with a mental disorder. His attorney informed the company of his mental status and asked that they delay any decision about his employment status. The company fired John for his clear violation of company rules.

After working as the manager of Piedmont Commons branch of Washington Mutual Bank (Washington), Dave Cummings was transferred to another branch. The new manager of Piedmont discovered $58,000 was missing from cash dispenser machines to which Cummings had had access. Bank investigators found security photos showing Cummings violating bank policy requiring two persons to be present when cash was handled. employees told them he had frequently violated the policy. The investigators asked him to take a polygraph test and he refused. Washington fired him telling him it was because he violated the policy. Cummings sued Washington alleging it had violated the EPPA. Had it?   full-time sales associate for Kohl’s Department stores, inc., Pamela Manning worked predictable shifts starting no earlier than 9 a.m. and lasting no later than 7 p.m. Kohl’s carried out a nationwide staff restructuring which cut the hours for Manning’s department. she kept her hours by working in other departments as…

Mary purchased 6 bags of potatoes from Smart Shops. Unknown to either party, the potatoes had become unfit for human consumption due to a secondary growth. What rights does Mary have?

Employee arrested after Eskom power station is hit by more oil theftLess than a year after Eskom uncovered an oil crime syndicate at its Tutuka power station in Mpumalanga, an employee has been arrested after more oil theft was uncovered at the power station.On Monday, the Eskom employee appeared in court after 10 drums of oil, worth R800 000, were stolen. Eskom said that following an internal investigation, and with the support of the Hawks, the employee appeared in the Standerton Magistrate's Court and was remanded in custody for a bail application. "We shall ensure that bail is denied, and that the employee faces the full might of the law," said Karen Pillay, generalmanager for Eskom Group Security. Last year, Eskom uncovered that a syndicate was stealing approximately R100 million worth of oil per month from Tutuka. In a separate incident at the Matla power station, cleaning contractors were arrested for allegedly stealing copper cables which they placed in a waste storage…

American Police officers must work within the parameters set forth in the U.S Constitution, most notably the Fourth and Fifth Amendments. A police officer with two years experience who makes a Terry Stop must be able to articulate     her detention of a subject was based on reasonable cause.   her investigation was based on probable suspicion.   her detention was based on her gut feeling.   her observations of the subject's actions led her to believe a crime was about to be committed.

Melanie Caldwell worked for Stingray Products, Inc.  Her boss was Neil Manley.  Neil often made disparaging remarks about Melanie’s gender and even occasionally made overtly sexual remarks about how she did business with clients.  He also put coins in his front pants pockets and asked her to retrieve them, dropped things and asked her to bend over to pick them up, and at one point offered to negotiate a raise for her if she would go to a hotel room with him to perform “sexual favors.”  Manley at times had also engaged in similar behavior with other female employees of Stingray.  Caldwell asked Manley repeatedly to stop his behavior.  At one point he expressed surprise that Caldwell was upset by his behavior in that he said he was just joking when he made the comments.  Finding out that it upset her, he said he would stop his behavior.  Shortly thereafter, however, Manley again engaged in his troubling comments and activities toward Caldwell.  As a result, Caldwell quit her job.  She…

Wally is a world-famous LSU shoe quarterback who is known for his ability to quite literally throw away the game when it matters most. One day, during his rigorous shoe throwing exercbes, be negligently knocks an innocent civilian unconscious with a stray purple and gold cleat. Wally was promptly arrested and taken to jail to await trial. The judge assigned to his trial happened to be a passionate Gator fan who was excited about a potential national championship season for his beloved Florida football team, which Wally had spoiled a few years ago with yet another stray cleat. As a result of the judge's (understandable) resentment towards Wally's previous national championship sabotaging episode, the judge sentenced Wally to a lifetime in prison for his current crime. The judge's comically harsh sentence could be described by which of the following legal theories? O Legal Realism Utilitarianism Natural Law Egalitarianism O The Historical School

The accidental baker Mamello Morongwe, a certified food technologist was working on a biscuit recipe for her employer, a leading biscuit manufacturer, when she discovered a muffin recipe. The employer expressed no interest in pursuing this segment of the market and gave Mamello the clearance to use the recipe in her private capacity for personal benefit, as part of their employee development program. After utilising this recipe to bake muffins for special events only, which she distributed over weekends, Mamello finally resigned from her job and is now pursuing her business on a full-time basis – her former employer is now a customer and has placed a full-year weekly order for 20 dozens of muffins every Friday. Armed with a business plan and registration documents for her business, Muffin Boffin, Mamello feels ready to take the country by storm.   Q.1 .  Explain below  categories of inventory that are likely to be found at Muffin Boffin. Use practical examples relevant to their…

The accidental baker Mamello Morongwe, a certified food technologist was working on a biscuit recipe for her employer, a leading biscuit manufacturer, when she discovered a muffin recipe. The employer expressed no interest in pursuing this segment of the market and gave Mamello the clearance to use the recipe in her private capacity for personal benefit, as part of their employee development program. After utilising this recipe to bake muffins for special events only, which she distributed over weekends, Mamello finally resigned from her job and is now pursuing her business on a full-time basis – her former employer is now a customer and has placed a full-year weekly order for 20 dozens of muffins every Friday. Armed with a business plan and registration documents for her business, Muffin Boffin, Mamello feels ready to take the country by storm. ''Despite materials handling being a fairly high-cost element, which does not contribute to the value of the product, this activity cannot…

The accidental baker Mamello Morongwe, a certified food technologist was working on a biscuit recipe for her employer, a leading biscuit manufacturer, when she discovered a muffin recipe. The employer expressed no interest in pursuing this segment of the market and gave Mamello the clearance to use the recipe in her private capacity for personal benefit, as part of their employee development program. After utilising this recipe to bake muffins for special events only, which she distributed over weekends, Mamello finally resigned from her job and is now pursuing her business on a full-time basis – her former employer is now a customer and has placed a full-year weekly order for 20 dozens of muffins every Friday. Armed with a business plan and registration documents for her business, Muffin Boffin, Mamello feels ready to take the country by storm. “Effective negotiators recognise that very few negotiations are conducted in a purely win-win or win-lose context. Moving towards win-win…

The accidental baker Mamello Morongwe, a certified food technologist was working on a biscuit recipe for her employer, a leading biscuit manufacturer, when she discovered a muffin recipe. The employer expressed no interest in pursuing this segment of the market and gave Mamello the clearance to use the recipe in her private capacity for personal benefit, as part of their employee development program. After utilising this recipe to bake muffins for special events only, which she distributed over weekends, Mamello finally resigned from her job and is now pursuing her business on a full-time basis – her former employer is now a customer and has placed a full-year weekly order for 20 dozens of muffins every Friday. Armed with a business plan and registration documents for her business, Muffin Boffin, Mamello feels ready to take the country by storm. Q.1. Industry pressures, as discussed above, force businesses to be vigilant of operational costs. Discuss below  trends in storage, which the…

The accidental baker Mamello Morongwe, a certified food technologist was working on a biscuit recipe for her employer, a leading biscuit manufacturer, when she discovered a muffin recipe. The employer expressed no interest in pursuing this segment of the market and gave Mamello the clearance to use the recipe in her private capacity for personal benefit, as part of their employee development program. After utilising this recipe to bake muffins for special events only, which she distributed over weekends, Mamello finally resigned from her job and is now pursuing her business on a full-time basis – her former employer is now a customer and has placed a full-year weekly order for 20 dozens of muffins every Friday. Armed with a business plan and registration documents for her business, Muffin Boffin, Mamello feels ready to take the country by storm. Q.1. Define ordering costs and make a recommendation on how Muffin Boffin should manage them to ensure profitability. Q.2. Industry pressures,…

Write response to: A 70-year-old, 100-pound woman becomes angry at a 25-year-old, 200-pound man and begins to hit him with an umbrella. What action may the man take to defend himself? Is his action limited? If so, why?

Under what circumstances can parents and school personnel use force to discipline children?  How much force can be used?  Consult state laws about the amount of force and under what circumstances it can be used by parents and teachers. Research the disciplinary rules that govern the local public-school districts where they live

Bill Kinsey was charged with murdering his wife while working for the Peace Corps in Tanzania. After waiting six months in jail, he was acquitted at a trial that attracted wide publicity. Five years later, while a graduate student at Stanford University, Kinsey had a brief affair with Mary Macur. He abruptly ended the affair by telling Macur he would no longer be seeing her because another woman, Sally Allen, was coming from England to live with him. A few months later, Kinsey and Allen moved to Africa and were subsequently married. Soon after Bill ended their affair, Macur began a letter-writing campaign designed to expose Bill and his mistreatment of her. Macur sent several letters to both Bill and Sally Kinsey, their parents, their neighbors, their parents’ neighbors, members of Bill’s dissertation committee, other faculty, and the president of Stanford University. The letters contained statements accusing Bill of murdering his first wife, spending six months in jail for the crime,…

Sue has recently started working for a Swiss bank in London as a wealth manager. Through a business acquaintance, a lawyer, she has been introduced to a new client, Maria. Maria was born in Russia, lives in the UK and has recently inherited a significant amount of money from her father who is a Russian businessman. Maria is 27 years old, single and not working, spending a lot of money in socialising and charity work. Sue has exchanged a number of emails with the client, and they have agreed to meet for a first introductory meeting at the bank’s offices in Mayfair. Outline how Sue should prepare for the meeting and discuss the areas that Sue should aim to discuss with the client in their meeting.

A group of employees has gone on strike against their employer after an impasse in contract negotiations has been reached. The employees went on strike in order to support their position in negotiations for higher wages. Right after the strike began, management decided to fire two employees who were viewed as pushing the employees to approve the strike. The management then hired permanent strike replacements for the remainder of the workers. What type of strike is this and why? Based on this, was the employer's decision to hire permanent replacements legal or illegal, and why?

Brendon is the Managing director of a small mining company named “Auspicious metals”. There are two other directors. The company has recently raised $10 million dollars from its shareholders for the purposes of further exploration.   The board decides to purchase a luxury Genesis motor vehicle for each director as well as incorporate a clause in their contracts to have a $500,000 dollar termination payment should any of the directors leave the company.   There is no disclosure of the above payments.   Brendon also gives an exploration contract to his cousin without informing the other directors that he is a cousin.   A shareholder seeks your advice. Are there any breaches of the Corporations Law? Please detail the relevant sections.  Are there any cases that are similar

Jill is a known prostitute, rented an apartment from Jacob. Jacob is unaware of Jill’s profession and gracefully rented the apartment which was unoccupied for the last year. Jacob saw several people coming and going from the apartment but was not concerned because he thought that they were all Jill’s friends. Indeed, Jacob was a private person who paid little attention to other people’s activities. He focused on his tasks and that of his family. Jill did not pay her rent for 3 months and Jacob sought to enforce the right to terminate the rental agreement and sue for the outstanding rent. Jill has indicated that she will not pay any outstanding rent   and told Jacob that his contract with her was illegal bearing in mind that she was using the apartment for the illegal purpose of prostitution. Advise Jacob on this matter.    IRAC   What are the Issues and what are the Laws on the Issues ? Application of the Law to the Issue- Analysis

Jill is a known prostitute, rented an apartment from Jacob. Jacob is unaware of Jill’s profession and gracefully rented the apartment which was unoccupied for the last year. Jacob saw several people coming and going from the apartment but was not concerned because he thought that they were all Jill’s friends. Indeed, Jacob was a private person who paid little attention to other people’s activities. He focused on his tasks and that of his family. Jill did not pay her rent for 3 months and Jacob sought to enforce the right to terminate the rental agreement and sue for the outstanding rent. Jill has indicated that she will not pay any outstanding rent   and told Jacob that his contract with her was illegal bearing in mind that she was using the apartment for the illegal purpose of prostitution. Advise Jacob on this matter. Use the IRAC model to answer the question also give reference to a landmark case.

Jill is a known prostitute, rented an apartment from Jacob. Jacob is unaware of Jill’s profession and gracefully rented the apartment which was unoccupied for the last year. Jacob saw several people coming and going from the apartment but was not concerned because he thought that they were all Jill’s friends. Indeed, Jacob was a private person who paid little attention to other people’s activities. He focused on his tasks and that of his family. Jill did not pay her rent for 3 months and Jacob sought to enforce the right to terminate the rental agreement and sue for the outstanding rent. Jill has indicated that she will not pay any outstanding rent and told Jacob that his contract with her was illegal bearing in mind that she was using the apartment for the illegal purpose of prostitution. Advise Jacob on this matter. Use the IRAC model to answer the questions.

Jill is a known prostitute, rented an apartment from Jacob. Jacob is unaware of Jill’s profession and gracefully rented the apartment which was unoccupied for the last year. Jacob saw several people coming and going from the apartment but was not concerned because he thought that they were all Jill’s friends. Indeed, Jacob was a private person who paid little attention to other people’s activities. He focused on his tasks and that of his family. Jill did not pay her rent for 3 months and Jacob sought to enforce the right to terminate the rental agreement and sue for the outstanding rent. Jill has indicated that she will not pay any outstanding rent  and told Jacob that his contract with her was illegal bearing in mind that she was using the apartment for the illegal purpose of prostitution. Advise Jacob on this matter.

Jaqueline was had been working in Bestworks’ Sdn. Bhd. as an assistant manager since October 2020. In November 2020, Alan became the manager of the department she worked in. Alan was not used to working with female members of staff, and Jaqueline was the only female in the department. Alan began to make suggestive remarks about Jaqueline’s appearance and dress sense. He also asked her to work late at the office and made sexual advances towards her when no one else was in the office premises. Jaqueline complained to the Human Resource Department of the company and they replied saying that she had not made her complaint in the required format according to company employee regulations. No further action has been taken by the company to date. a) With reference to the above scenario, explain the complaints procedure for sexual harassment under the Employment Act 1955. b) Explain how Jaqueline can pursue a claim under the section 20 (1) of the Industrial Relations Act 1967. Your answer must…

An unidentified chemical agent has caused the death of three persons found pale and choking as they exited the elevator of a 50-story office building located in Gotham City. The building is owned and used by Semiconductor Systems, Inc. (SSInc). The individuals are transported to the nearest hospital where they later succumbed. All elevators are sealed and the proper authorities are notified. John James, owner of Semiconductor Systems knows that his communications manager has attended NIMS training. The manager briefed the company’s officers following the training, which James directed him to take after 9/11. SSInc. Has 900 employees. You are the communications manager. He calls you into his office and charges you with handling the incident.Consider the scale of this incident and its potential for more harm. Who will be the participants? Think about the sensitive security issues that may surround your type of company.In a 3-5 page paper you should outline your plan for effective…

Misdemeanors are crimes that carry up to one year of incarceration as the penalty.   Group startsTrue or False True, unselectedFalse, unselected

FOR GROUP 6. Tony, a data analyst for a major casino, is working after normal business hours to finish an important project. He realizes that he is missing data that had been sent to his coworker Robert.Tony had inadvertently observed Robert typing his password several days ago and decides to log into Robert's computer and resend the data to himself. Upon doing so, Tony sees an open email regarding gambling bets Robert placed over the last several days with a local sports book. All employees of the casino are forbidden to engage in gambling activities to avoid any hint of conflict of interest. Tony knows he should report this but would have to admit to violating the company's information technology regulations by logging into Robert's computer. If he warns Robert to stop his betting, he would also have to reveal the source of his information. What will Tony do in this situation?

Does sexual harassment need to be so severe or pervasive as to alter the conditions of the victim's employment and create an abusive working environment in order to be actionable?

Discuss the exclusionary rule and any exceptions to the exclusionary rule. Do you think the exclusionary rule is necessary?

On Friday July 6, Harpoon aka Poon met Margret Spike aka Spicey at the Black Coral Restaurant and Lounge and asked her to take 2 kilos of cocaine to Tirgress in London.  Spicey accepted the offer, but being a poor, unemployed and underprivileged black girl from the slums of Lizard Town, St Andrew, she hardly had anything to begin with.   Spicey selected the few better (there were no bests) pieces of clothing which she found hanging from nails on the walls of her one-room, makeshift shack.  As she scrutinized them she realized that she must buy additional clothing if she was ever going to make that trip.  She knew Poon would be giving her more money than she had ever held in all her life.   On Mon July 9, Poon instructed Spicey to go to Travellers Choice and give her travel itinerary to an agent named Miss Fortune in order to get the cost of the ticket.  She would return at a later date to purchase the ticket.   While Spicey was speaking to Poon, she remembered that she had never owned…

Compare and contrast the Durham and substantial capacity insanity tests with the M’Naghten test. Which test makes it more difficult for a defendant to prove in court?  How different is the type and amount of evidence that needs to be submitted for each of the three tests?  Which test do you think better serves the goal of only punishing people who can be considered worthy of blame for their behavior?  Which test is better suited to serve the goal of deterring others from committing crimes?

Bill is a technician at a university chemistry lab and is in charge of safety inspections and prevention of injury due to faulty equipment. One morning, as a result of his inspection, Bill discovers a gas burner with a broken valve. Bill gets distracted and fails to put an “OUT OF ORDER/DO NOT USE” sign on the faulty burner. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bill’s negligence is based on: nonfeasance. misfeasance. negligence per se. res ipsa loquitur. A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff. True False Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store’s management may hold her as long as it takes to get her to confess. True False he highest and most comprehensive duty owed by a landowner to a person on the owner’s property is owed to: an invitee. a licensee. an…

Within days of the January 6, 2021, riot at the U.S. Capitol, employees who were observed as part of the mob entering the Capitol were discharged by their employers. Some of the individuals involved in the events at the Capitol were knowingly filmed as part of the insurrection (and many were seen posing for selfies).   A photograph of a rioter wearing clothing with the word "Auschwitz" prominently displayed has been widely disseminated. Other rioters were photographed and videoed carrying Confederate flags or nooses. In some instances, employers saw images of their employees and took action in response. For example, one rioter was reportedly discharged by his employer after an image circulated of him storming the Capitol while still wearing his employee badge around his neck. In addition to those who directly participated in the breached at the Capitol, before and after the riot, employees discussed—on social media—the events and expressed their views in support of or in opposition to…

true or false and why?   Michael is a worker at a large discount retailer and his wife works at a national bank with several branches. They recently adopted a child and agreed that each would take six weeks of leave from work in order to care for the child. According to the family and medical leave Act, one, but not both, are eligible for leave.