Category: Law

Write an essay of 1,000 to 1,250 words, discussing the following:
Explain the concepts of judicial activism and restraint.
Describe the appropriate lens for judges to examine the Constitution.
Justify your advocacy for the position of activism or restraint with Peer-Reviewed analysis.
Utilize the following subheadings: Introduction, Judicial Activism and Restraint, The Proper “Lens” of Judicial Interpretation, Conclusion, and References.
Be sure to cite three to five relevant peer-reviewed sources in support of your content. Use only sources found at the GCU Library, government websites/legal case sites or those provided in Topic Materials.
Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.
This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.
You are required to submit this assignment to LopesWrite. A link to the LopesWrite technical support articles is located in Class Resources if you need assistance.

Ethics Assessment
You must reference the Australian
Solicitors Conduct Rules and Legal Profession Uniform Law to answer the multiple
choice questions correctly and write approximately 200 words per question for
the answer.
Question at position 1
1
1 point 
Question 1 is unpinned. Click to pin. 
Question at position 1 
Imagine you are setting up a personal injury practice and intend to ask
local physiotherapy practices for referrals. 
(a) What considerations should you keep in mind?
(b) Identify any applicable conduct rules.
Imagine you are setting up a personal injury practice and intend to ask
local physiotherapy practices for referrals. 
(a) What considerations should you keep in mind?
(b) Identify any applicable conduct rules
Question at position 2
2
1 point 
Question 2 is unpinned. Click to pin. 
Question at position 2 
Summarise your ethical obligations when confidential information is
mistakenly disclosed to you by another law practice. Identify any applicable
conduct rules.
Summarise your ethical obligations when confidential information is
mistakenly disclosed to you by another law practice. Identify any applicable
conduct rules.
Question at position 3
3
1 point 
Question 3 is unpinned. Click to pin. 
Question at position 3 
Your conveyancing clerk has
miscalculated the settlement statement of adjustments (giving an advantage to
your client) and it has not been picked up by the other law practice. Your
client instructs you not to say anything to the other law practice.
(a) Do you follow your
client’s instructions?
(b) Identify any applicable
conduct rules.
Your conveyancing clerk has
miscalculated the settlement statement of adjustments (giving an advantage to
your client) and it has not been picked up by the other law practice. Your
client instructs you not to say anything to the other law practice.
(a) Do you follow your
client’s instructions?
(b) Identify any applicable
conduct rules.
Question at position 4
4
1 point 
Question 4 is unpinned. Click to pin. 
Question at position 4 
Can you share your law practice premises with another business that is
engaged in a different profession/industry/service? Identify any applicable
conduct rules.
Can you share your law practice premises with another business that is
engaged in a different profession/industry/service? Identify any applicable
conduct rules.
Question at position 5
5
1 point 
Question 5 is unpinned. Click to pin. 
Question at position 5 
A family law client with a
mental illness who received an adverse parenting decision tells you that, last
night, he/she physically harmed his/her children in an attempt to prevent the
ex-partner from seeing the children.
(a) Identify your ethical
obligations regarding the information you have received.
(b) Explain the process you
would use to resolve this dilemma with reference to the Ethical Deliberation
Questionnaire (Deliberative Model), or another ethical decision making model,
or your own approach.
A family law client with a
mental illness who received an adverse parenting decision tells you that, last
night, he/she physically harmed his/her children in an attempt to prevent the
ex-partner from seeing the children.
(a) Identify your ethical
obligations regarding the information you have received.
(b) Explain the process you
would use to resolve this dilemma with reference to the Ethical Deliberation
Questionnaire (Deliberative Model), or another ethical decision making model,
or your own approach.
Question at position 6
6
1 point 
Question 6 is unpinned. Click to pin. 
Question at position 6 
A disgruntled client
terminates the retainer with your law practice. There is $5000 outstanding for
professional costs rendered.
(a) Identify any documents
over which a lien can be maintained.
(b) Identify any applicable
conduct rules.
A disgruntled client
terminates the retainer with your law practice. There is $5000 outstanding for
professional costs rendered.
(a) Identify any documents
over which a lien can be maintained.
(b) Identify any applicable
conduct rules.
Question at position 7
7
1 point 
Question 7 is unpinned. Click to pin. 
Question at position 7 
You have received a letter from the local regulatory authority
requesting the production of your client file arising from a complaint made by
a former client against a former employed solicitor whom you supervised during
the client’s matter two years ago. Summarise your obligations and the
consequences if you do not respond to the letter with reference to the
applicable legislation and/or conduct rules.
You have received a letter from the local regulatory authority
requesting the production of your client file arising from a complaint made by
a former client against a former employed solicitor whom you supervised during
the client’s matter two years ago. Summarise your obligations and the
consequences if you do not respond to the letter with reference to the
applicable legislation and/or conduct rules.
Question at position 8
8
1 point 
Question 8 is unpinned. Click to pin. 
Question at position 8 
(a) Give four examples of different conflicts of interest that may arise
in daily practice and identify any applicable conduct rules that address each
example.
(b) Using one such example, explain your next course of action in a matter with
reference to your professional values and your own personal values or
self-interest.
(c) Explain how you would inform either or both parties to a matter that your
law practice cannot continue to act further but with a view to retaining the
clients in future matters. Outline the circumstance where this action may be
required.
(d) Identify five of the policies, procedures or strategies that a law practice
could implement to either minimise or avoid future conflicts of interest from
occurring and that would foster good ethical decision making.
(a) Give four examples of different conflicts of interest that may arise
in daily practice and identify any applicable conduct rules that address each
example.
(b) Using one such example, explain your next course of action in a matter with
reference to your professional values and your own personal values or
self-interest.
(c) Explain how you would inform either or both parties to a matter that your
law practice cannot continue to act further but with a view to retaining the
clients in future matters. Outline the circumstance where this action may be
required.
(d) Identify five of the policies, procedures or strategies that a law practice
could implement to either minimise or avoid future conflicts of interest from
occurring and that would foster good ethical decision making.
Question at position 9
9
1 point 
Question 9 is unpinned. Click to pin. 
Question at position 9 
Explain how you would discourage, influence and change a pre-existing
culture of bullying and unethical behaviour in your law practice/workplace.
Identify any applicable conduct rules.
Explain how you would discourage, influence and change a pre-existing
culture of bullying and unethical behaviour in your law practice/workplace.
Identify any applicable conduct rules.
Question at position 10
10
1 point 
Question 10 is unpinned. Click to pin. 
Question at position 10 
Identify five of the policies or procedures that law practices should
implement to ensure effective supervision of employees and predict the impact
and consequences (both adverse and beneficial) of each policy or procedure on
employee behaviour and motivation.
Identify five of the policies or procedures that law practices should
implement to ensure effective supervision of employees and predict the impact
and consequences (both adverse and beneficial) of each policy or procedure on
employee behaviour and motivation.

Discussion (Criminal Law)
Due June 16, 2024, 11:59 pm
You will research the topic presented in this forum, post
your answer with proper citations (credit will be zero if not properly cited in
MLA format)
Instruction:
Read the three cases listed on this site for DHS: https://www.dhs.gov/cyber-crime-cases.   
Pick one of these cases and research if any other related
cases have taken place (anywhere in the world) in the last 2 years.  Cite those cases and give a summary of at
least one of them. (Remember
to cite your resources in MLA)

1.     
Present
an insightful position on the issue. This means you need to have come to your own
conclusion. The conclusion will be your thesis (the answer to your original
focusing question), and it will be based on thorough knowledge of your
specific topic as well as clear consideration of all “sides.”
Your position must consider the opposition. Remember that the thesis is
the controlling idea of the entire paper, not just one statement at the end of
the introduction. Each of the 2500-2750 words you write should work to present
an insightful position on the issue.
2.     
Develop
the position with compelling reasons, persuasive examples, and good evidence. This means the
paper relies on evidence contained in credible sources.
Reasons are compelling when they are convincing, well thought out, based on
evidence, and reasonable. Examples are persuasive when they are pertinent,
logical, relevant, and illuminating. Good evidence is basically proof
consisting of facts.
3.     
Sustain
a well-focused, well-organized analysis, connecting ideas logically. This means that each paragraph
needs to serve a very clear purpose for your thesis. This also means that your
paper should include any necessary background information, adequate development
of each aspect of the issue/problem and of the answer/solution, and that the
transition between each aspect of the paper is smooth and logical. This means
more than adding transitional words and phrases. This means connecting the
content in some kind of logical order.
4.     
Use
highly regarded sources for support and integrate them seamlessly into the
essay. This means your
essay will rely on at least 10 credible sources. Six of
these sources must be scholarly and no more than 2 may be newspaper-quality or
less. Relying on sources does not mean referencing them once. It means
integrating and analyzing the ideas from the sources that help you formulate
your own ideas. You should grammatically and contextually integrate your
paraphrases, summaries, and quotes, and make those integration choices based on
what the best use of that source information is. Each paragraph (with the
potential exceptions of the introduction and conclusion) should use some kind
of source information for support. Seamless integration requires proper use of
signal phrases and parenthetical references, grammatically correct inclusions
of quotes, and most importantly, analysis and connection of ideas.
5.     
Correctly
cite source material and include a correctly formatted citation page. The What, Where, How, as well
as many of our assignments will help you here. Also, ask me questions. I’m
sort of a wealth of knowledge.
6.     
Express
your ideas fluently and succinctly, using effective vocabulary and sentence
variety. Your paper should
be written in an academic tone and at an academic level. You should be
conveying ideas with each sentence. Your paper should need to be
between 2500 and 2750 words. Don’t fill your paper with “fluff.” Don’t use
first or second person, with very few exceptions.
7.     
Demonstrate
facility with the conventions of standard written English. This means your paper is
written grammatically and mechanically correctly. A few errors may show up, but
as a whole the paper should be clear and correct.
8.     
Meet the
requirements of length, format, and source use. The actual text of the essay
(not counting title, headings, citation page (or abstract if you’re using APA)
needs to be between 2500-2750 words. You need to use at least 10 sources. At
least 6 must be scholarly. No more than 2 should be newspaper quality or less.
The paper needs to be in MLA or APA depending on the choice you made at the
beginning of the term.

Claims
Compliance Analyst Exercise
1.     A claims management employee
is seeking clarification of the 2023 Part B Rebatable Drug Coinsurance
Adjustment under the Medicare Inflation Reduction Act (IRA).
Please
compose a 1-page explanation in your own words that includes the following:
·      
A
summary of this provision of the IRA law for Part B Drugs processed under the
medical benefit.
·      
Implementation
time frame
·      
Cost
Share impact for members
·      
Impact
and/or benefit configuration changes MetroPlusHealth, as a Medicare Advantage Plan
(Part C) , must make to be in compliance with the Law  
o  
What
information will MetroPlus Health Plan have available to make any needed changes?
·      
Anything
else from the law for this provision you think is relevant for the Claims team
to know/understand
Please include
references or links to the regulations used to create your write up.
Please take the Metroplus doc and reformat it to make it look like a professional memo to Claims Team. Please keep all in-text citations and condense all of the information onto one page without omotting content. 
Please ensure that the explanation is easy to follow and understand as well.

Overview:
Your task is to draft a comprehensive response to the client’s Data Subject Access Request (DSAR) based on the problem statement and email trail provided. The response should align with the company’s goal to avoid sharing data while mitigating any potential legal conflicts.
Problem Statement:
The company specialises in medical repatriation and recently terminated a booking with an ex-client due to insufficient funds and the patient’s deteriorating health. The ex-client is now requesting a DSAR, but the company wishes to deny this request and avoid any unnecessary legal conflict.
Resources to Use:
General Data Protection Regulation (GDPR):
understanding the rights of data subjects and conditions under which requests can be denied.
Company’s Data Protection and Privacy Policies.
Previous Legal Cases or Precedents relevant to DSARs and their denials.
Guidance from Data Protection Authorities (e.g., ICO in the UK).
Key Points to Address:
Understanding DSAR under GDPR:
Explain the rights of the data subject under GDPR, specifically the right to access personal data.
Discuss the company’s obligations to respond to DSARs.
Grounds for Denial:
Identify legitimate grounds for denying a DSAR (e.g., excessive requests, requests manifestly unfounded or excessive, or exemptions under GDPR).
Ensure any denial is compliant with GDPR and company policy.
Alternative Approaches:
Explore alternative responses that balance compliance with GDPR and the company’s desire to avoid data sharing.
Suggest how to communicate with the client to explain the decision transparently and legally.
Legal Risks and Mitigation:
Analyze potential legal risks associated with denying the DSAR.
Propose strategies to minimize legal conflict, such as offering a partial response or clarifying the limited scope for refunds as per the agreement.
Response Draft:
Draft a professional response to Mr. Bling incorporating the above points.
Ensure the response is respectful, clear, and legally sound.
Instructions for the Writer:
Research and Familiarize yourself with the GDPR articles relevant to DSARs.
Analyze the Email Trail to understand the client’s perspective and previous communications.
Draft a Response that addresses the client’s request while justifying the company’s stance on data sharing under GDPR.
Provide Justifications for the chosen approach, referencing GDPR and any applicable legal precedents or company policies.
Prepare for Potential Follow-ups by suggesting how the company should handle further communication or legal inquiries.

Reply
UNIT 4 – DISCUSSION BOARD
Sun 1/21/2024 11:28 AM
All Actions
Constitutional Law: CJUS424
Bachelor of Science in Criminal Justice
January 21, 2024
Outline: The Fourth Amendment
Slide 1: Title and Introduction
Title: “Training Law Enforcement on Probable Cause v. Reasonable Suspicion”
Name and Credentials
Brief Introduction: “15 years of investigative experience and membership in a law enforcement professional organization etc. “
Slide 2: Importance of Training
Highlight the significance of understanding Probable Cause and Reasonable Suspicion.
Emphasize the impact on effective law enforcement and fair prosecution.
Slide 3: Constitutional Foundations
Overview of the Fourth Amendment.
Establish the legal basis for Probable Cause and Reasonable Suspicion.
Slide 4: Definitions and Standards
Define Probable Cause and Reasonable Suspicion with legal standards.
Emphasize the distinction between the two concepts.
Slide 5: Contemporary Case Law Examples
Use real cases to illustrate Probable Cause and Reasonable Suspicion.
Discuss outcomes and implications.
Slide 6: Factors in Reasonable Suspicion
Identify factors and considerations for Reasonable Suspicion.
Highlight nuances and differences from Probable Cause.
Slide 7: Q&A and Discussion
Encourage questions and open discussion.
Foster a collaborative learning environment.
Slide 8: Conclusion
Summarize important takeaways.
Express the vital role of trainers in ensuring successful law enforcement practices.
Justice Mann
Reply
UNIT 4 – DISCUSSION BOARD
Sun 1/21/2024 1:14 PM
All Actions
I. Introduction
A. Brief introduction of the presenter’s background as a decorated law enforcement officer with 15 years of experience in investigations
B. Mention of the presenter’s membership in a regional professional organization for law enforcement officers
II. Overview of the Training A. Description of the upcoming annual conference and the “Probable Cause v. Reasonable Suspicion” training B. Emphasis on the importance of the training being a “train the trainer” event.
III. Fundamental Concepts A. Definition of Search and Seizure
Explanation of the constitutional basis for search and seizure
Importance of understanding and respecting individuals’ Fourth Amendment rights
B. Regulation of the Fourth Amendment
Discussion of the entities regulated by the Fourth Amendment
Emphasis on the Fourth Amendment’s application to law enforcement activities
C. Reasonableness and Warrant Clauses
Explanation of the reasonableness clause
Overview of the warrant clause and its exceptions
IV. Understanding Probable Cause and Reasonable Suspicion
A. Definition of Probable Cause
Clear definition and legal standards
Application in law enforcement decision-making.
B. Definition of Reasonable Suspicion
Clear definition and legal standards
Distinction from probable cause
C. Current State of the Law
1. Discussion of recent case law affecting probable cause and reasonable suspicion
2. Consideration of evolving legal standards
V. Decision-Making Process A. Illustrative Scenarios
1. Presentation of at least 2 different fact scenarios
2. Step-by-step analysis of the decision-making process for determining probable cause or reasonable suspicion
VI. Stop-and-Frisk A. Discussion of the Current State of the Law
1. Overview of legal standards for stop-and-frisk encounters
2. Practical implications for law enforcement officers
VII. Consequences for Violating the Fourth Amendment A. Exclusionary Rule
1. Explanation of the exclusionary rule and its impact
2. Importance of lawful conduct to avoid evidence suppression.
B. Civil and Criminal Liability
1. Discussion of potential legal consequences for law enforcement officers
2. Emphasis on accountability and professional conduct
VIII. Additional Information
A. Any other relevant information deemed important for training.
B. Open floor for questions and discussion.
IX. Conclusion
A. Recap of key points covered in the training.
B. Encouragement for trainers to disseminate knowledge within their agencies.
Comments from Customer
Discipline: Constitutional law

We’ve got big trouble.
One of our drivers, Darla Driver, was delivering one of our shipments and got in a wreck. She was on her way from St. Louis to Los Angeles with a big shipment. Apparently, she pulled over in Denver at a truck stop to rest, and she ran into some old friends. She had a few drinks, and then she decided to sleep it off.
The next day, she had a wreck in LA. Her truck had no damage. She hit another car, causing no injuries and minor damage to the other car. She said she had a good night’s sleep, and she felt fine. But, she blew a .05 blood alcohol content (BAC). She was arrested, and the police confiscated the truck. California has a law that allows the confiscation of out-of-state trucks that are involved in accidents.
What do we do? What kind of liability do we have? Can we get the truck back? Can we get her out of jail? Do we fire her or help her?
must have 3 sources

– Please write this paper using the attached research proposal.
– All of the references used in the aforementioned research proposal are also attached.
– Please add extra references in addition to the references attached if possible.

(This Research Paper is one of the most essential papers in my career thus far, so please ensure that it is completed to the best of your ability.)
In regard to the format as per the professor’s request is as follows:
1. All the written requirements must be typed on A4 papers with font size 12 (Times New Roman) and double-spaced.
2. The number of required words (6000), does not include the references.
– If there’s any questions, please let me know.

Here is where you can find more information about the case you will analyze for the assignment: Popovich v. Allina Health System. Case: https://law.justia.com/cases/minnesota/supreme-court/2020/a18-1987.html