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Identify and explain the key differences between Civil & Criminal Law.
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- Is the job exempt or non-exempt under the (FLSA)? Why or why not?Case 1.Harry Phipps, Senior Professional Sales RepresentativeHarry Phipps was employed by K & K Pharmaceutical Company as a senior professional salesrepresentative. Phipps’ position required him to travel across doctors’ offices and hospitals where hepromoted the benefit of K & K’s drug, Provita, to the prescribing doctors. K & K used this method in thehope that when doctors realized the benefit of Provita, they would prescribe the drug for their patients.By law, Phipps could not sell the drug directly to doctors. The company provided Phipps with a list oftarget doctors, and he was expected to complete ten visits per day, and each doctor had to be visited atleast once a quarter. K & K left the itinerary and method of achieving the targets up to Phipps. However,they did provide Phipps with a budget for the visits. He was also given pre-approved visual aids and hadreceived training in basic “marketing”…Ellen, a citizen of California, was seriously injured in an automobile accident while driving in California. She was injured due to the negligence of Sara, a citizen of Arizona, who ran a red light at an intersection. Ellen is seeking 1.5 million in damages. 1. Where may Ellen bring her suit? 2. Discuss the process Ellen would have to follow in order to fully litigate her claim. 3. If Sara is granted summary judgment at the trial court level, what may Ellen do next? Explain her options.describing the commencement of either a civil or criminal proceeding and indicate how the case might ultimately be resolved of the Federal court system or within the NYS Court system
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- The manager of Palms Restaurant assembles all employees and announces that because theft isoccurring, she would fire employees until the guilty party confessed. Turning to an employee, Alice, themanager says, "You're fired." Palms Restaurant is in an employment-at-will state. Discuss if Alice has anylegal remedy against Palms.In the case, Zankel v. United States (You Be the Judge in textbook section 28-2c), one of the government's main arguments against liability was that: 1) Dreyer had permission to drive the government's car, but was off duty at the time of the accident. 2) Dreyer was commuting to work at the time of the accident and was, therefore, not within the scope of employment when it happened. 3) Zankel was contributorily negligent, relieving both Dreyer and the government of liability. 4) Dreyer was following all of the applicable traffic laws at the time of the accident.Olga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?
- Give an example of a statute at the Federal Level and at the State Level. Give an example of an Administrative Agency at the Federal level. Please list the 3 equitable remedies available to someone in a lawsuit.A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for “improper phone usage.” [Hite v. Vermeer Mfg. Co., 361 F. Supp. 2d 935 (S.D. Iowa, 2005).] explaining your conclusion regarding whether the scenario constitutes a violation of public policy or a breach of a covenant of good faith and fair dealing. Support your conclusion with legal analysis and reasoning. Explain whether any of the scenarios give rise to potential employer liability and what steps should have been taken to avoid the exposure.In criminal law there are two elements that need to be established for a person to be convicted, namely Actus Reus and Men Rea. Please discuss both elements.4) Lord Atkins in Donoghue v Stevenson made the famous pronouncement on the duty concept within the framework of the neighbour principle and mandated that one should take reasonable care to avoid acts or omissions which can be reasonably foreseen as likely to injure one’s neighbour. Please critically discuss this case and the concept of duty of care.