Essay Instructions: .BUSINESS LAW ?BUL4421
Essay Question #1
The State of Florida enacted a law that required the Board of Accountancy to certify for licensure any female applicant who received a B or better in Business Law I and Advanced Legal Study at Florida Atlantic University. For such applicants, the new law mandated that the state licensure examination and character investigation be waived.
Herman Sexist received a B in both courses. However, he failed to pass the state licensure examination. As a result, his application for licensure as a certified public accountant was denied. He immediately filed a lawsuit in federal court seeking a determination that the new statute violated the Equal Protection Clause of the United States Constitution. In his suit, Mr. Sexist claimed that the Florida law violated the Astrict scrutiny@ test. In a response filed by the Florida Women For Special Rights, it was argued that the statute was valid under the Arational basis@ test.
Write an essay that discusses the issues in the case before the court. Use IRAC format.
this is an answer it will help and you can use it in the first essay.. I need the essays to be correct grammatically.and organize because evey time I order from I do not get good grade.SO please try your best to make it a good essay.... I need each one of the questions 150 words..I need them to be specific and from what murder degree are they.
Answer: The statute is invalid because it violates his individual rights, under a strict scrutiny test. The response by the Florida Women For Special Rights states that the statute was valid under a rational basis test, this does not apply. Another point is that if the if the state license examination was waived it, does the person still get a valid license? If so, does this not violate the equal protection clause of the US Constution? Also, this allows a felon, fugitive or terrorists who by law is not allowed to hold such a position to get a license without a background check.
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Essay Question #2
Sandy McGillicuty, Sammy Stud, Jammie Quick, Harry Hotshot,
And John George drove to Fort Lauderdale for Christmas vacation. While stopping at the Pompano Beach Plaza on the Florida Turnpike, Harry notices a beautiful
girl waiting in line to buy a soda. After Harry approached her, he pinched her in the hip area. Immediately thereafter, Harry grabbed the girl and planted a deep kiss on her lips. In the struggle that ensued, the girl knocked over the soda vendor, who hit his head on the concrete floor. While the vacationers escaped, the soda vendor was taken in an unconscious state to a Pompano Beach nursing home. After seven days, he died.
Answer:
For the girl: Intentional Infliction of Emotional Distress (possible sexual harassment)
For the dead vendor: Harry is charged with Manslaughter, due to intention infliction of emotional distress on our first case.
When Sandy and Jamie arrived at their hotel, they noticed a good looking body builder entering his room. Within minutes, the girls tried their key in his door; whereupon the door opened and they entered the room. Seeing their prey lying on the bed, the girls entered the room. While Jammie held the body builder=s legs against the bed, Sandy engaged in fellatio upon him. Because the man was making so much noise, Sandy inserted her fingers inside his mouth and grabbed his tongue. After twenty minutes, he passed out. Upon leaving the room, Jamie removed a quantity of cocaine from a dresser drawer. The next day, the maid found the man dead in his bed. His face had a smile on it. The medical examiner ruled that the cause of death was cardiac arrest.
Dead fellow: Sandy would be charged with second degree murder and Sexual battery and Kidnapping, Jamie however would be charged with Kidnapping and third degree murder (not second because holding down does not constitute imminent danger)
On the second day of their vacation, Sammy and Harry were in a Hollywood Winn Dixie between 7 and 8 A.M. Sammy examined the bacon displayed for sale, picked up a one pound package, and walked by the meat counter. The meat manager followed Sammy, and saw him thrust his hand into his coat, go toward the express lane, and didn=t have the bacon in his hand anymore. The meat manager told the checker to call Aservice 50,@ which indicated that Ashoplifting@ was going on. The store manager saw Sammy halfway down one of the aisles, approached him and talked to him about the bacon, and the defendant took the pound of bacon from his coat. The bacon was priced at $1.89. After the confrontation, Sammy handed the bacon to the store manager. Throughout the visit to Winn Dixie, Harry was continuously at Sammy=s side.
Sammy ?
Charged for petit theft of the second degree (misdemeanor)
Meanwhile, Sandy and Jammie were walking along Las Olas Boulevard looking into shop windows. While gazing into the Pink Pussycat Boutique, the girls see an open cash register and the only salesclerk occupied with a customer. Thinking extra money would come in handy at the race track, the girls entered the shop and approached the register. However, before they reached the till, the clerk gazed in their direction and inquired, "May I help you?" With those words, the girls said politely, "No", and left the store.
No crime committed
Continuing their stroll, Jammie saw a woman dozing on a bus bench, with the bus approaching down the street. Jammie grabbed the woman's shoulder and said, AWake up!@ The lady on the bench became startled and picked up her cane in an angry manner. Immediately thereafter, Sandy picked up a stick and struck the lady's head, causing serious injuries.
Sandy will be charged with battery
On the third day of their vacation, Sammy and Harry were at the liquor store buying some imported rum, when they noticed a money bag laying on the counter. While Sammy asked the clerk to check supplies In the back. Harry grabbed the money bag, and both men started leaving the store. However, a security guard, secretly monitoring the store set off the alarm. Before the men reached their parked car, the police arrived. When Harry refused to "put his hands up", one of the officers fired a shot. Sammy immediately drew his gun, but the gun misfired striking Harry. Harry died immediately and Sammy escaped.
Sammy is charged with theft, third degree murder
You are working in the State Attorney's Office. Assume all the facts above could be proved by competent evidence. What crimes and legal principles should the prosecutor consider in making her decision whether to file charges against the various persons. Use IRAC format.
Question #3
Last December, Herbert Dull was a 17 year old student at Florida Atlantic University. He also needed money because some hitmen from Las Vegas were after him to collect on football bets. He desperately needed to raise money by his birthday, January 5. As a result, on December 15, he raised his hand in Dr. Wills= Business Law class and offered to sell his car for $1500. He also gave the class his address and telephone number. The same afternoon, Hildegard Watson mailed Herbert a note accepting the offer he made in class and signed her name at the bottom. This correspondence did not reach Herbert until December 17.
However, on December 16, Jim Quick met with Herbert and stated that he would buy Herbert=s 1994 Ford for $1450; delivery was to be before January 15. This offer was in writing and signed by Jim Quick. Herbert agreed to sell the car on Jim=s terms, except he crossed out the delivery date and inserted February 15. In addition, Herbert signed his name at the bottom of the paper. However, Jim never acknowledged or agreed to the new delivery date.
On December 20, Herbert received a cashier=s check from Hildegard for $1500. However, he never cashed the check. On January 6, Herbert accepted a $500 cash payment from Jim Quick as partial payment for the car. In fact he used $75 of the money to take his girlfriend to dinner.
On January 7, Herbert orally agreed to pay Big Joe Lansky, the head of the Las Vegas mob, $100 a month until his gambling debts are paid. As a result, the he thought the pressure was off and he did not need to sell his car. However, on January 10, Big Joe contacted Herbert and told him to Apay up now, or else.@ Herbert responded that he now had a contract to pay the debts over time and Big Joe replied that Ahe had changed his mind.@ Meanwhile both Hildegard and Jim were calling Herbert regarding their contract to purchase his car.
Write an essay that discusses Herbert=s rights under these agreements. Are they all valid and enforceable? Why or why not? Use IRAC format.
Question #4
Gerwin=s son John was seeking a position as an associate attorney with Baker, Charles & Dixon, a large metropolitan law firm. The firm, after several meeting with John over a two-month period, made John an offer of employment on January 15, 2005.
John accepted the offer that day and immediately left for the Bahamas to celebrate without telling Gerwin or anyone else about his new job. Two days later, Gerwin sent Baker a letter in which she offered to give Baker all of her legal business (approximately $40,000 per year) if Baker would hire John. After Gerwin learned that John already had been hired by Baker, Gerwin refused to transfer her business to Baker.
Meanwhile, upon returning from the Bahamas, John decided he neede d new clothes for his new position. As a result, on January 20, 2005, he went to a clothing store, Meiman Narcus, and charged three ties on his charge account at a cost of $60 each. The same day, Bill, a friend of John=s, saw a sidewalk vendor selling ties at a cost of three for $10 and bought three at that price. The friends compared purchases that night and found that they had purchased identical ties. John became very upset because the ties were clearly not worth $60 each. The next morning, he telephoned the store and informed customer service that he would not pay the charge-account bill. Bill indicated that he would testify in John=s behalf if John were sued.
contract. Meanwhile on March 1, 1997, Baker filed suit against Gerwin for breach of contract. Discuss the rights of the parties in each lawsuit and decide who should win each case. Give reasons for your answers. Use IRAC format.
Question #5
The accounting firm of Two and Two, which was located in Capital City, employed Michaels as an accountant. Michaels and Two and Two signed an employment contract that contained a clause that provided that Michaels agreed never to engage in the practice of accounting in Capital City after leaving the employ of Two and Two. (Capital City is a large capital city of the State of X). After working for Two and Two for five years, Michaels quit and opened her own accounting firm in Capital City. As a result, Two and Two sued Michaels for breach of contract.
In response to the suit, Michaels claims that the employment contract was executed at Two and Two=s annual Christmas party and that he was very intoxicated. Furthermore, he asserts that Smith, the managing partner who signed for the firm, was unable to speak or walk because of cocaine intoxication. Discuss the rights of the parties in the suit. Who will prevail? Give reasons for your answer. Use IRAC format.
each one of those questions should be by itself.Please I need a good and great essays this time and should be specific.
