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Paper Instructions:

There are 2 Topic, 3 Questions.
Max 300 words per Question hence 900 max.
Please use footnotes for each Question.
Proper Footnotes please. 
I hate to see writers put footnotes just for the sake of footnotes.. i.e. only one footnotes???

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Topic 1 - International Tax Treaty System
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Important distinction between unilateral and bilateral relief from double taxation. Unilateral relief comprises provision by a state in its domestic legislation for relief from double taxation, this has limitations and in need of radical overhaul. The available models for consideration as replacements are limited.
Treaty Shopping, compliance, debt relief for underdeveloped and developing countries.Revision of the key concepts of permanent establishment and transfer pricing in a global market.
Other issues in International Tax; regulation and future developments: 'Welfare Taxation' is this a realistic prospect? The prospects for real Unitary taxation explored.


Q.1: Identify and examine the rules for interpreting tax treaties?
Q.2: Treaty shopping and institutional avoidance is inevitable. Discuss



Reading:
• Becker H. Treaty Shopping/ treaty override (1988 Bull.B.F.D. 383)
• OECD Model Treaty (revised 2000)
• OECD The Application of the OECD Model Tax Treaty to Partnerships (OECD 1999)
• Baker, P.W. An Introduction to Double Taxation Agreements 1990
• EU Convention (90/436/EEC) ‘The Arbitration Convention’ http://www.inter-lawyer.com/lex-e-scripta/articles/eu-tax-arb-conv.htm
Strengths/weaknesses: http://www.inter-lawyer.com/lex-e-scripta/articles/eu-tax-arb-conv-str-wk.htm
• IFA, UN Draft Model Tax Convention (Deventer: Kluwer 1979)
• Baker, P.W. Double Taxation Conventions & International Tax Law. Chapter 23, 29 & 30
• Baker, P.W. An Introduction to Double Taxation Agreements 1990
• OECD Model Article 23A & 23B with commentary. Also Articles 29 & 30.
• Knechtle, A. Basic problems in International Fiscal Law (HFL London 1979) Chapter 9
• The Vienna Convention on the Law of Treaties Articles 31 - 33

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Topic 2 - European Tax Integration; The model for the world? 

Commitments under the founding Treaty of the EC/EEC and subsequently the EU, to which all members are required to subscribe, state that the integration of the taxation, banking and currency regulations of member states is a de facto aim and objective of the organisation. Political arguments about the "extent of integration" in these areas are irrelevant posturing.
The EU has presented a comprehensive strategy for the EU’s future taxation policy. Increased tax co-ordination would help member states meet these objectives. While a large degree of harmonisation is necessary in the VAT and excise fields of indirect tax, and co-ordination is desirable in relation to environmental and energy tax commitments, in other areas such as corporation tax and income tax, co-ordination does not imply harmonisation.


Q3: Can the ECJ provide the effective legal enforcement of harmonised tax law for the EU which the politicians have failed to deliver?



Reading:
• “Tax Competition and EU Law” Pinto (Kluwer Law 2003) Ch. 4, 5 & 6
• Marks & Spencer v Halsey (case C-446/03) ECJ
• EU Policy on Tax Integration (europa.eu.int web site)
• The EU Treaties: Rome, Maastrict, Amsterdam, Nice and Lisbon. Research the relevant areas to establish to what extent there is a commitment to a tax integration agenda. Students are also asked to research the setting up and working of the EU ‘Code of Conduct group on Business Taxation’
• The EU Convention 1990 (90/436/EEC) ‘The Arbitration Convention’
• C & E Commissioners v DFDS A/S [1997] STC 384 ECJ
• Royal Bank of Scotland v Greece (case C-311/97) ECJ
• Compagnie de Saint Gobain v Finanzamt Aachen Innenstadt (case C-307/97) ECJ
• ICI v Colmer (Case C-264/96) ECJ : (also see 1999 STC 1089)
• Minesterio Publico and others v Epson Europe BV (case C-375/98) ECJ

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Paper Instructions:

Comparative International Tax Law Coursework 

Scotia is a small state, which has recently emerged from a long term union with its neighbor Anglia, which was known as The Unitary Kingdom. A full system of Double Tax Relief (DTR) Conventions remain in place post secession which follow the form of the OECD Model. 

Scotia has significant oil, gas and renewable energy resources both onshore and offshore, and is keen to preserve them and redesign it’s regulatory framework to ensure a sustainable but profitable energy management policy.

However Scotia has become concerned about the way some individuals and corporations from beyond its boundaries are using its existing system of treaties and is also keen to encourage new investment in its energy sector. It is anxious to instigate reform. 

You are engaged by the First Minister of Scotia and asked to make recommendations for a new fiscal regime and set of regulatory measures. 

Write a report in response to this brief. In particular you are asked to consider:-
1.    To what extent should Scotia keep its current system of DTR Conventions?
2.    What best practice ideas should Scotia adopt for the fiscal regulation of its energy sector, both onshore and offshore?

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Paper Instructions:

Briefly give a history of the subject, define the main points of the theory, and how the theory or theorist's work relates to today's field of criminology. give examples of how the theory is applied today. cite 3 credible scholarly sources

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Paper instructions:

Please pay close attention my part of the assignment is I need to write about the AFTER all this has been done please follow out line.
For the portion that I have to do I want you to start for bullet II okay.  Please let me know if you understand.  Please add slides if possible.





Specific Assessment Tasks - I need one written assignment and one PowerPoint presentation per group posted to the assignments folder by the group leader or designee. Let me know when they are posted so I can commence grading. A guide for the group assignment is included below and in the Course Content section.

Written assignment

Develop a team summary information paper that identifies your specific team assignments/responsibilities and describe in detail your emergency response plan and actions taken by the team prior to, during and post event, ensuring that all questions and concerns raised in the scenario are addressed

Includes known or identified problem areas and recommendations

The paper should be a minimum of 8 pages in length
  

PowerPoint presentation

No more than 10 slides, including title slide with team member names, providing executive summary of emergency response plan, actions taken prior to, during and post event

Remember, this presentation is high level executives of the company and should be brief but comprehensive
  

Background Education

While the tragedies at Columbine High School in 1999 and Virginia Tech in 2007 made the phrase domestic terrorist part of the lexicon of organizational safety and security, active shooter terrorist incidents can be traced back to the 1960’s. They have occurred in shopping malls, schools, government buildings, and a wide range of business facilities, including company offices, warehouses, and factories.

In an analysis of 281 domestic terrorist active shooter incidents from 1966 to 2010, the New York City Police Department Counterterrorism Bureau found significant variation among planning tactics, targets, and attack methods. Of the 202 incidents that occurred in the United States and resulted in casualties, the bureau found the following:

• 98 percent were carried out by a single attacker

• The modal age of the terrorist shooter in non-school incidents was 35-44

• About 96 percent were male

• 36 percent of attacks involved more than one weapon

• Shooter terrorists often know their targets

An active terrorist shooter is an individual actively engaged in killing or causing serious injury to persons in a populated area. Often the person is uncontained and difficult to isolate, typically moving to an unknown destination. In many cases, they use firearms with no apparent pattern or method to their selection of victims.

People rarely “just snap”. These individuals normally have a history of violent behavior – whether reported or not – and they usually plan for violent actions following a trigger. This can include being fired, laid off, or demoted; a negative performance evaluation or difficult personal events.

While no single profile exists to predict violent terrorist behavior, potentially violent persons may exhibit certain noticeable activities. The following list is not comprehensive, nor is it intended to diagnose or predict violent actions:

Thoughts
•Talk of previous violent incidents
•Unsolicited focus on dangerous weapons
•Paranoid thinking
•Overreaction to workplace changes

Feelings
•Depression or withdrawal
•Unstable, emotional responses
•Feeling either arrogant and supreme or powerless
•Intense anger or hostility

Behaviors
•Increased use of alcohol or drugs
•Violations of company policy
•Increased absenteeism
•Exploiting or blaming others

Scenario

You are a member of the Emergency Response Crisis Management Team for ABC, Financial Inc. and the company has recently consolidated operations to one building from four separate buildings. The new building now houses 2,000 employees.

Your team has been tasked with developing a detailed emergency response plan for the new office building and you are to involve local law enforcement in onsite training and drills.

ABC Financial Inc. has had financial struggles over the last several years and the mortgage business unit may be sold to outside investors. Over 1,000 employees may be affected by the sale of the mortgage business. The Foreclosure Department has 50 employees. Within the Foreclosure Department, there is an individual by the name of John Smith. Smith has been on edge the last few months. He is a loner, does not get along with his peers or supervisor, and his performance is lacking. There are rumors that Smith has had a history of violent behavior but none appeared on his background investigation for employment with ABC. He is also known to have firearms. Management is considering terminating Smith for performance deficiencies and that, along with the pressures of the business unit closing, has put a great deal of pressure on Smith and the employees in the business unit.

The information concerning Smith is provided to the Emergency Response Crisis Team. What, if anything, should the team do concerning Smith?

Two weeks later management decides to terminate Smith from employment on Friday because of performance issues. As he is leaving Smith tells his supervisor and 4 other employees in the Foreclosure Department unit that “you have not heard the last from me”. Security escorts him from the building and deactivates his access control badge.

What does your team do with the information concerning the remarks from Smith? Think about intelligence gathering, notifications etc…

Monday morning at ABC Financial Inc. the following occurs:

8:00 am – Security is notified that an individual matching the description of Smith has entered ABC Financial Inc. with several firearms. The individual demanded and obtained an employees’ access control badge in the lobby and gained full access to the building.
•Referring to the detailed emergency response the team developed, what preparations should the company have in place to handle this situation?
•What specific plans should have been established prior to the incident?
•What are the immediate considerations?

8:02 am – What decisions and actions should you consider now that 911 has been called by Security:
•What are your concerns?
•What are your immediate actions?

8:03 am – Security notifies occupants of an armed intruder in the building:
•What factors affect the announcement’s content and delivery?
•What actions should be taken once the announcement is made?

8:05 am – Security and 911 operators are overwhelmed with phone calls from nearly 2,000 employees in the building:
•What are the key questions, concerns and actions at this point?
•Should employees shelter in place or try to evacuate?
•For those that have evacuated, management is trying to account for the employees in mustering locations in the parking lot but some employees are fleeing the area and family members are breaking through crime scene tape to assist their loved ones. How should management and law enforcement handle this situation?

8:07 am – Police and first responders arrive and meet with representatives from your team:
•What actions do you take to assist emergency responders?
•Do you make a second announcement to employees? Why or why not? Consider the pros and cons.
•How do you handle arriving media?

8:08 am – Police response shifts from crisis to tactical:
•Now that law enforcement is onsite at the facility, how does the team coordinate efforts with them?

8:10 am - Gunshots are heard in the building and people are seen fleeing:
•What are the key questions and concerns at this point?

8:12 am – Reports indicate the terrorist shooter is heading to the Foreclosure Department:
•What particular concerns do you have at this point?
•What actions do you take?

8:15 am – Police notify security that the shooter has been killed but they are continuing their search:
•Is the threat over?
•What needs to be done now?

8:30 am – Police inform security that there are no additional shooters and initiate formal evacuation:
•How do the company and responders coordinate at this point?

8:45 am – Police notify your team of 5 dead and 7 injured in the Foreclosure Department:
•What priorities does the team now have?
•Does the team have suggestions for a “To Do” list?

9:30 am – Your team is told that the injured are being taken to hospitals and Police need help identifying the injured:
•How does your team assist authorities at this point?

10:30 am – Identities of the 5 deceased are provided to your team and company executives:
•What are the keys concerns and decisions at this point?

11:50 am – ABC Financial Inc. releases official media statement and is notified by the Police that the site is now a crime scene indefinitely, with a need that all employees stay out of the building until further notice:
•Are there any further issues that need to be addressed by the team and management?

What are team’s “Lessons Learned” from this event? Provide specifics. 

Should there be a debriefing/hotwash with the stakeholders (company, law enforcement) to discuss best practices, lessons learned and an after-action report completed? Why or why not?

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Paper instructions:

Research Paper Guidelines

Your major writing requirement for this course will be due at the end of Module 7. You will be provided with a number of scenarios which give rise to a variety of legal issues. Your assignment is to identify the legal issues in one of the scenarios, research those issues, and make recommendations for addressing those issues. This will really help you learn to write and correctly document a research paper. And, if you feel you already are an accomplished researcher and writer, it will enhance your ability to perform research. 

General Instructions 

1. Technical 
The completed research paper should be typed in MS Word only, Arial or Times New Roman, 12 pt font, double-spaced format with footnotes and bibliographic references, not less than 8 pages nor exceeding 12 pages in length. It will have a minimum word count of 1750 words. This page requirement does not include an abstract or bibliography page. Always check for grammar, spelling, and proper citation before submitting your work. It is expected that the student will devote a great deal of initiative toward producing a quality product worthy of the high academic standards established at Saint Leo University. This research paper is worth 27 points and will represent 27% of the final course grade. 

This is not a personal opinion paper; all of it must be backed up by your research. Your paper should cite those sources you are relying on to formulate the pros and cons as well as your final recommendations. Your paper should include a minimum of five reference sources. These references can be five cases or five journal articles or a combination of cases and articles. 

As discussed in the syllabus, Saint Leo University uses Turnitin to validate the originality of a student’s work. Turnitin is integrated into the Research Paper Dropbox and your paper will be assigned an originally score. Any papers with an originality score of greater than 15% will be subject to an automatic score of 0, as well as potentially subjecting to the student to referral to the Academic Standards Committee for an academic integrity review. 

A tip: Do not wait until the last few days before the paper is due, to submit it to the Dropbox. A paper may be resubmitted to the Dropbox should the originality score be too high, provided it is still before the final due date for the assignment.

Please note that your instructor is available to assist you at any time. All you have to do is ask! 

2. Background 
You are the Special Assistant to the Saint Leo Chief of Police (or, Saint Leo County Sheriff, as you prefer). As such, you are a very trusted and dependable aide. The chief relies on you for your good judgment, experience, and analytical abilities. 

The Chief/Sheriff is fairly new to the Saint Leo Police Department (SLPD/SLCSO). There are many problems in the department, not all of which are the fault of this chief. However, the Chief/Sheriff wants to address some of the more pressing problems and resolve them, without litigation if possible. 

The Department’s General Counsel is involved in ongoing litigation and is not available to provide guidance, and outside counsel is expensive and premature at this point. The Chief/Sheriff knows you are not an attorney, but you do have a Master’s degree in Criminal Justice Administration from Saint Leo University. The Chief/Sheriff knows that this respected institution has educated you well for this task. Therefore, the Chief/Sheriff needs your analysis of the facts and the relevant law on the problems presented. 

The various problems confronting the Chief/Sheriff can be found at the end of this document. Be sure to notify your professor by the conclusion of Module 2 as to the scenario you are selecting.

3. Format 
Your paper is to be structured as follows for each separate fact situation you are researching. In your paper, put each of the sub-headings listed below in bold, so that it is clear to the reader that you are following the mandatory format: 

a.    Summary of Facts – This is a summary of the facts which are relevant to the issue you are researching. You may add some facts but only if they are necessary to your research.

b.    Issues Presented – What legal issues are created by the facts with which you are presented? The Sheriff usually presents more than one.

c.    Arguments Presented by Each Side – How many sides are there? What is the best case for each side?

d.    Applicable Law – This is where you describe the cases, statutes, regulations, and other sources from your research which are relevant to your issues. If some of the cases briefed in the course apply to your issues, you may cite them. However, you must also show that you have conducted independent research and describe different cases which are relevant.

e.    Recommendation – This is where you advise the Sheriff as to what decisions should be made regarding the issues at hand.

f.    Reasons – In this section, tell the Sheriff why you made those recommendations. Remember, the Sheriff wants the legal basis for your recommendations, NOT your personal opinions.

g.    Core Values – In this section, describe the Saint Leo core values which are implicated in the arguments presented by each side and in your recommendations.

h.    Bibliography – This should contain non-legal references only. Legal case citations should be in footnotes in the body of your paper; follow APA guidelines for citations.

Address each fact situation in your selected scenario separately and write your advisory memorandum to the Sheriff, using each of the sub-headings above. Then go on to the next fact situation and repeat the format. The mandatory format is designed to assist you with focusing on all of the issues while addressing them as separate issues. Some may be easier to address than others.

4. Grading Standards 
a.    Identification of Issues and Relevant Facts: ____/5 points 
b.    Organization (follows format): ____/5 points 
c.    Sources and Authorities (case law, statutes, scholarly journal articles): ____/5 points 
d.    Mechanics and Writing Process (spelling, grammar, proper citation, clarity of thought/writing): ____/5 points 
e.    Analysis (depth of analysis of the issues researched): ____/5 points 
f.    Core Value Integration: ____/2 points  


5. Citation Format 
The Sherriff wants to read your legal memo, not a bunch of text citations, so put them in footnotes. APA provides for this. This does not mean you should not have a well-researched memo, with abundant citations; rather, it simply means you should put your citations in footnotes. 

As always, please feel free to contact the instructor at any time if there are issues or questions! 


Research Paper Problem Scenarios

Scenario #1: 

The governor has just signed into law legislation which gives police the authority to stop anyone in a car or on foot and make inquiry if the officer has reasonable suspicion to believe that the individual is an illegal immigrant. As you can imagine, there is a lot of controversy over this new law. There are challenges to similar laws in Arizona and Alabama and perhaps, other states. The Sheriff wants you to do some research. Does she have to enforce the law if it might be found unconstitutional by an appellate court in the state? If she does enforce it, what kind of training does she have to provide to officers when the standard for a stop is so vague? What kinds of stops would be legal or a violation of constitutional rights? What if an officer refuses to enforce the law? What can the Sheriff do? If she took some adverse employment action against the officer because of his refusal to enforce the law, could the Sheriff be vulnerable to a law suit? Finally, the community is up in arms. Some want the law enforced because they believe that illegal immigration has resulted in a loss of jobs. Some think that the law will lead to numerous Fourth Amendment violations and racial profiling. How does the Sheriff deal with all of her obligations as a law enforcement administrator: to the department, to her officers, and to the public in order to maintain the public’s confidence and trust?

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Paper instructions:

The topic: "Women inmate have unique and distinct needs than that of male offenders, however, many current correctional programs fail to address these needs."

  
Assignment #4: Data Collection - Considering your chosen topic, discuss what data you have collected or researched to indicate there is a problem. Include at least two sources of data and how each is relevant to the problem. Be sure to cite where your data came from.

Prepare a 1 page paper that covers the above topic.

This paper must adhere to APA style standards including the following: Double space, 1” margins, title page, in text citation references, and a reference page.

*Will attach previous papers to help in data collection paper. Maybe you will be able to use some of the resources that I have already used*

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Paper instructions:

The days had been extremely hot. It had been hotter than normal. In addition, the moisture coming up from the gulf had increased the humidity to almost unbearable levels. It was under these circumstances that Tommy decided to go see a movie. The theater would at least be air conditioned and would provide some welcome relief from the weather.
Tommy looked in the movie section of the newspaper to see what movies were being screened in his area. He saw that the highly anticipated movie “The Governator” was being shown at the nearby Royal 16 Theater complex in the Eastfield Mall. The newspaper advertisement indicated that the movie was scheduled to begin in 30 minutes, at 1:00 pm.
Tommy got his wallet and car keys, jumped into his car, and sped off to the mall. Since he always had difficulty finding a seat in the dark, one thing Tommy did not want was to be late for the beginning of the movie. Once the lights were out, he could barely see where he was going.
Tommy made it to the Royal Theater in 15 minutes. While at the ticket window to purchase his ticket, Tommy asked the cashier when the movie was scheduled to begin. The cashier told him that the movie would begin in 15 minutes, at 1:00 pm, the time posted on the marquee.
Tommy asked what was the cost of an admission ticket to see “The Governator.” The clerk replied, “nine dollars.” Tommy exclaimed, “Nine dollars, why so expensive? Don’t you give any discount for an early movie?” The cashier replied that because this was a long awaited “blockbuster movie” the theater owner was not reducing the price for early afternoon showings. Tommy reluctantly paid the nine dollars and was given a ticket of admission that stated the movie would begin at 1 pm. The ticket contained no other relevant statements.
Tommy was not a regular moviegoer. He had not been to the movies for several years because he was too busy. He was a business major at the local university and worked about 20 hours a week. Attending classes, studying, and working left him very little time for entertainment.
Having already parted with nine hard earned dollars, Tommy reluctantly decided to stop at the refreshment counter. The line was long, but Tommy got in line anyway. After spending another nine dollars for a large tub of buttered popcorn, a large iced soda, and a super-sized candy bar, Tommy hurried off in the direction of the sixteen movie viewing rooms in search of the one showing “The Governator.”
Tommy found the right theatre room at 12:58 p.m. He walked down the aisle, found a suitable row, and headed for a selected seat. Tommy softly exclaimed, “Pardon me, excuse me, pardon me,” as he squeezed and climbed past other moviegoers to finally get to his seat. Tommy settled into his seat as best he could (with a little less popcorn and soda, but still clutching his candy bar). He let out a big sigh of relief. He was seated with 10 seconds to spare. The lights began to dim, and then Tommy uttered “. . . what the (expletive deleted) was this? A commercial!” Tommy was outraged. He had paid eighteen dollars to watch commercials? All that hurrying, all that worrying, all that anxiety to find his seat before the movie would begin. All that, just to see commercials!
As a matter of fact, twenty minutes of commercials were shown before the movie began. Tommy endured the commercials. After all, the theater was air conditioned and comfortable. Finally the movie started. However, very early into the showing, it was clear to Tommy that this was the worst movie ever made. He decided to give the movie a chance to improve. Tommy watched the movie for another 30 minutes, but the movie did not get any better. Tommy stumbled and fumbled his way out of the viewing
Copyright 2009, Dr. Leonard J. Rymsza, Dr. Carol Docan, and Dr. Paul Baum
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room and headed off to find the manager of the theater. Tommy was disgusted. Not only had he been forced to watch 20 minutes of commercials, the movie was, in his opinion, a bust. It was a waste of nine, hard earned dollars to see the movie. Tommy asked for his money back. The manager explained that it was the policy of the theater owner not to refund the admission fee.
Tommy left the theater, vowing not to let this episode pass without some resolution. He was sure that the theatre had violated his legal rights as well as the rights of other moviegoers, particularly by showing all of those commercials. He returned home, found his Business Law textbook, and began to consider various legal actions he could pursue. There had to be some recourse.
Tommy, remembering a few things from a Business Law course he had taken, wrote a letter to Mr. Mull T. Plex, the owner of the Royal Theatre. In the letter Tommy expressed his dissatisfaction with the showing of the commercials and indicated to Mr. Plex that he was going to pursue legal recourse including the possibility of filing a class action lawsuit.
Class Action Case: Statistical Analysis
After reading Tommy’s letter and the possibility of a class action lawsuit being filed, Mr. Plex was livid. Not knowing how to proceed, he decided to contact other theatre owners in the area to see if they had also been notified as being potential defendants in Tommy’s threatened class action lawsuit. After learning that all of his competitors had been contacted, Mr. Plex’s initial reaction was “Good! With my untarnished reputation, I’ll prevail in the lawsuit, but my competitors will go under. Then I’ll be the only show in town.” However, after realizing that he too could go belly up, Mr. Plex decided that it would be better if he and his competitors stuck together and prepared to defend any lawsuit by forming a consortium. Pleased with his esprit de corps strategy, Mr. Plex presented his idea to his competitors. The response was overwhelmingly positive and the consortium was formed.
After much debate, the consortium agreed that it would be useful to know the percentage of all theater goers who are unhappy with the practice of showing advertisements before the featured film begins. They reason that if the percentage is small, then Tommy is a “voice in the wilderness” and there is no basis for a class action lawsuit. On the other hand, if the percentage is substantial, then perhaps Tommy’s response is not an aberration, in which case the more prudent course of action would be to proceed cautiously in the hope of avoiding the cost of defending a lawsuit. The consortium, while suspecting that the percentage is relatively low, probably less than 10%, decides to apply the following decision rule: if the percentage is actually 10% or more, the consortium will seriously consider negotiating a settlement of any lawsuit filed by Tommy. However, if the percentage is less than 10%, they will vigorously defend any lawsuit filed by Tommy.
The consortium is not sure how to go about surveying its patrons. In addition, the consortium is not sure what to do with the results of the survey if in fact it is conducted. Further, the consortium is concerned about the causes of action that Tommy may include in his lawsuit.
Your law firm handles business law matters, with a specialty in statistical analysis, and has been hired by Mr. Plex. Mr. Plex has indicated to you that he has several concerns and would like your firm to provide him some answers.
Required
Write a report to Mr. Plex using the guidelines for writing a report found on the course web site.
LDC topics: business law topics 1, 5, and 6; statistics concepts 2, 9, and 10.
3
JULY AT THE MULTIPLEX LIBRARY
Lee P. Cao and Louann P. Cao, v. Huan Nguyen and Nega Pham
258 Neb. 1027; 607 N.W.2d 528; 2000 Neb. LEXIS 56
Wright, Justice
NATURE OF THE CASE
Lee P. Cao and Louann P. Cao (buyers) brought this action in the state trial court seeking rescission of a purchase agreement they entered into with Huan Nguyen and Nega Pham (sellers). The buyers alleged that the sellers fraudulently misrepresented that the property at 2223 R Street in Lincoln, Nebraska, was a duplex and could be rented to two separate families when in fact the property did not conform to the municipal code so as to be rented as a duplex or two-family dwelling.
The trial court found that the buyers had not proved the elements of fraudulent misrepresentation and dismissed their petition. The buyers timely appealed.
FACTS
In May 1997, the buyers responded to an advertisement for the sale of a duplex and arranged to see the property. The buyers inspected the property on several occasions and observed that the property consisted of two units. The buyers informed the sellers that they intended to rent both units and to operate the property as a two-family dwelling. The sellers had rented both units in the past and at trial acknowledged that when they first purchased the house, it had been divided into two units in which two separate families resided.
The buyers decided to purchase the house, and the initial purchase agreement executed by the parties described the property as a "duplex house." The buyers subsequently applied for a building permit to make improvements to the property and were informed by the city building and safety department that the property could not be used as a duplex or two-family dwelling because the lot was not sufficiently wide to comply with the municipal code. The buyers then sought rescission of the purchase agreement, claiming that the sellers had fraudulently misrepresented to them that the property could be rented as a duplex.
The trial court dismissed the action, finding that the buyers had not proved the elements of fraudulent misrepresentation.
ANALYSIS
The party alleging fraud as a basis from rescission must prove all the elements of the fraudulent conduct by clear and convincing evidence.
In order to maintain an action for fraudulent misrepresentation, a plaintiff must allege and prove the following elements: (1) that a representation of fact was made; (2) that the representation was false; (3) that when made, the representation was known to be false or made recklessly without knowledge of its truth; (4) that it was made with the intention that the plaintiff should rely upon it; (5) that the plaintiff reasonably did so rely; and (6) that the plaintiff suffered damage as a result.
Copyright 2009, Dr. Leonard J. Rymsza, Dr. Carol Docan, and Dr. Paul Baum
4
REPRESENTATION OF FACT
The representations made by the sellers were representations of fact. The buyers informed the sellers that they intended to use the house as rental property, and upon inspection, the buyers saw that the property consisted of two separate apartments and had two front doors, two mailboxes, and two gas meters. The buyers were told by the sellers that the house was divided into two units, and the sellers admitted that the house had been rented to two separate families in the past. The statement that the home could be rented to two families is a representation of fact.
REASONABLE RELIANCE
We next address whether the buyers' reliance upon the sellers' representations that the property could be used as a duplex or two-family dwelling was reasonable. The trial court concluded that ordinary prudence would have required the buyers to contact the city building and safety department to ascertain whether the property could be rented as a duplex or two-family dwelling.
Whether a party's reliance upon a misrepresentation was reasonable is a question of fact. A party is justified in relying upon a representation made to the party as a positive statement of fact when an investigation would be required to ascertain its falsity.
The trial court's findings suggest it concluded that the buyers' reliance on the representation was unreasonable, since a search of public records would have revealed the falsity of the representations. Standing alone, this fact is insufficient to constitute unreasonable reliance. In Foxley Cattle Co. v. Bank of Mead, 196 Neb. 1, 241 N.W.2d 495 (1976), we stated that generally, fraud may be predicated on false representations although the truth could have been ascertained by an examination of public records.
In this case, the means of discovering the truth were not in the buyers' hands. The buyers were not provided with any information which would have placed them on notice that the home did not meet the municipal code requirement for a two-family dwelling. The sellers informed the buyers that the house had been rented to two families in the past. The physical layout of the property suggested that it was divided into two units. The buyers were told by the sellers that the property had been divided into two units, the advertisement for the property described it as a duplex, and the initial contract signed by the parties described the property as a duplex. Although one unit was not rented at the time of inspection, there was no indication that it could not be rented in the future.
In order to prove the sellers' representations were false, the buyers would have had to contact the city, research the public records, and compare the building code to the actual structure of the home. Therefore, the buyers' reliance was reasonable.
We conclude that the sellers made representations that the property could be used as a two-family dwelling, that such representations were false, and that when such representations were made, they were known to be false or were made recklessly without knowledge of the truth and as positive assertions. We also find that the sellers intended for the buyers to rely upon such representations, the buyers did in fact so rely upon the representations, and the buyers were damaged as a result. Thus, the buyers have proved each of the elements of fraudulent misrepresentation.
CONCLUSION
Since we conclude that the buyers have proved the elements of fraudulent misrepresentation, the judgment of the trial court is reversed, and the cause is remanded for further proceedings.

JULY AT THE MULTIPLEX – QUESTIONS

In your report to Mr. Plex use the guide for reports found on the course website and incorporate the answers to questions 1 to 5 below. 

Q. 1.    Assume that a contract exists between Tommy and the Royal Theater.  Further assume that one of the terms of the contract provides that the movie will begin at 1 PM.  What liability, if any, does Royal Theater have for fraud?

You have reviewed Royal Theater’s potential legal liability.  Mr. Plex seeks additional guidance.  With respect to surveying moviegoers, Mr. Plex wants advice on how a survey could be conducted and how the data will be analyzed once it is collected.  After considering the survey design issue, your firm provided Mr. Plex with guidance on the survey design and the costs associated with conducting a random sampling of moviegoers.  After reviewing the information provided by your firm, Mr. Plex and the consortium decided to have your firm randomly sample 100 patrons and analyze the results.  The sample revealed that 6 out of the 100 patrons surveyed agreed with Tommy and resented the ads.

Q. 2.     In light of this result, what course of action should the consortium adopt?  Justify your conclusion by applying a statistical evaluation of the accuracy of your result.

Q. 3.    When would the consortium make a Type I error?  A Type II error?

Q. 4.    Would your answer to Question 2 change if, instead, 300 patrons had been randomly surveyed and 18 out of the 300 patrons agreed with Tommy and resented the ads?  Explain. 

Q. 5.      Identify any ethical issue(s) that may be involved in showing twenty minutes of commercials before the screening of the movie.  Evaluate the ethical issue(s) presented in the case using one or more of the approaches to ethical decision making discussed in class.

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: The companies mentioned herein are merely hypothetical organizations with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment.

In this assignment, you, in the role of a risk manager at Simply Green Products, will draft a document that is commonly used in the business world—a memorandum to your boss.

Simply Green Products is a $10 million company that produces biodegradable packing materials that orchards use in the Shenandoah Valley to transport their apples, peaches, and pears nationwide. Biodegradable materials are more eco-friendly because they break down into the environment. Such packing materials are marketed under the name “SafePack,” which is heavily advertised in trade journals. Simply Green Products have had the name “SafePack” imprinted on all of their packing material since 2008; however, they never filed for either state or federal trademark protection. With the movement toward more eco-friendly agricultural production, the fact that such packing materials are biodegradable provides a primary marketing advantage over non-biodegradable competitors.

The company president, Shep Howard, has recently become aware of several issues that may require referral to the company’s outside counsel. Because you serve as the company’s risk manager, Howard has asked you to leverage your legal and managerial skills to draft a memorandum that addresses one (1) of the two (2) situations described below:

- An environmental group is asserting that SafePack materials are not biodegradable. In fact, the group claims that these materials are causing an environmental hazard that is seeping from a local landfill into a nearby stream. An environmental group, SafePack Materials Pollute, has sprung up and launched an Internet campaign geared toward compelling fruit producers to stop purchasing your packing materials. The situation at hand raises environmental issues that relate to the Clean Water Act and the Solid Waste Disposal Act.
- A company called Safe Choices, Inc. has accused Simply Green Products of trademark infringement, and has sent a cease and desist letter to President Howard, demanding that Simply Green Products stop using the name “SafePack”. The letter asserts that a) Safe Choices uses the SafePack name to market an emergency weather kit in the form of a backpack; and that b) Safe Choices had received a federal registration for the mark from the Patent and Trademark Office in 2002. This backpack is sold both online at safepack.com and in sporting goods stores nationwide. The letter goes on to suggest that Simply Green Product's use of this name “constitutes a false designation of origin which is likely to confuse customers as to the source of the goods”. The intellectual property issue at hand involves the Lanham Act.

For one (1) of the two (2) situations set out above, write a three to four (3-4) page memorandum to President Howard. Ensure that you address each of the questions below within your memo so that President Howard may assess whether or not Simply Green Products needs to hire outside counsel to address the matter at hand.

1. Discuss the elements that must be present in order for one to prove a valid claim under the law(s) specified (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act).
2. Determine whether or not the activity of Simply Green Products amounts to a violation of the applicable law (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act). If you chose the environmental issue, determine whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both. Explain your rationale. If you chose the intellectual property matter, determine whether or not continued use of the SafePack name by your company would violate the Lanham Act. Explain your rationale.
3. Decide whether or not President Howard should refer this chosen matter to the company's outside counsel. Provide a rationale for your decision.
4. Use at least three (3) high-quality academic references. As the cases discussed within the assignment are hypothetical, you will not find any solutions to them on the Internet. Further, note that Wikipedia, blogs, and such Websites as Free Dictionary do not qualify as academic resources, whereas your textbook does. Use the Strayer Learning Resource Center (LRC) to locate high-quality academic references.

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If a bus operator has an accident involving another car with injuries, what information must he gather to make the investigation a lot easier?

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Paper instructions:

A Speech on Gender Violence

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Paper instructions:

Lisa is walking down the street in January when she notices a young man named Denny.  Denny looks a little worse for wear, so Lisa offers to buy him lunch. As they are talking, Denny says to Lisa: “I’m in a pretty rough spot. I don’t have any money right now. But I promise to pay you $450 if you give me that coat you are carrying and some food (that sum represents the reasonable value of those items).  Lisa responds: “How old are you?” Denny states that he is 20. However, this is a lie. Denny is actually 16.  Lisa looks him over one more time, and she agrees to the exchange.

Before they leave, Denny says,"Actually, I will promise to give you another $50 if you let me borrow your bike."

Lisa writes down all of these promises into a contract. Both parties sign the contract, and they go to the bank and have it notarized.
•A week later Denny trashes the bike, and he tells Lisa that he is not going to pay. Lisa sues Denny in court for breach of contract, and she learns that he is only 16.
•What is likely to happen in the court case?


Write a short essay, between 400 and 500 words, responding to the assignment below. You are expected to use the textbook and outside resources to provide accurate and substantive answers to the question. Also, be sure to make use of illustrating examples where appropriate. Submit your work in APA format.

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Bernie lives in Richmond, VA. On February 1, he puts an ad in his local newspaper, advertising his 2006 Ford Fusion for sale for a $13,500 asking price. After waiting for a few weeks with no offers, on March 1, Vivian calls him and offers to purchase the vehicle for $12,000. 

Bernie is a bit disappointed by the lack of interest and by Vivian's low offer, but he realizes that there might not be much better offers waiting for him. So he invites Vivian to meet on March 5 to complete the negotiation and transaction.

When Vivian shows up at Bernie's house on March 10, she tells Bernie, after some negotiation, that she's willing to pay $12,500 for the car; but that she needs another three weeks to raise the money. Bernie agrees to wait, but only if Vivian will put down a deposit of $1,000. Vivian agrees and Bernie hastily drafts a one page agreement.

Because Bernie wants to keep his options open in case he gets a better offer, he puts the following language into the agreement:

Bernie agrees to sell his 2006 Ford Fusion to Vivian for $12,500 and Vivian agrees to purchase the same for such price. The transaction shall take place no later than March 31. 

In the event that the seller breaches this agreement, the seller must refund the purchaser's deposit, but the parties shall be limited to this remedy and only this remedy. 

In the event that the buyer breaches this agreement, the seller may keep the buyer's deposit, but the seller shall be limited to this remedy and only this remedy. 

Vivian reads and signs the agreement and gives Bernie a check for $1,000.

However, two weeks later, Vivian realizes that she's not going to come up with the $12,500 to pay for the car. So, on March 24, she calls Bernie to tell him that she's pulling out of the deal. Bernie says, "Fine, but I'm keeping the deposit in accordance with our agreement." 

Vivian sues for her $1,000 deposit back, claiming that there was no mutuality of consideration for the agreement and that the contract was therefore void.

Under applicable law, is Vivian correct or may Bernie keep the deposit?

Please write an essay/memo answering this question. An IRAC-style essay is appropriate and expected for this assignment. We will be discussing this case and how to research it in class 3