discuss the concept of the effective assistance of counsel, why the Court looks at the concept of ineffective assistance of counsel, and what the defendant must prove in order for the court to determine if the defendant lacked the effective assistance of counsel
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discuss the concept of the effective assistance of counsel, why the Court looks at the concept of ineffective assistance of counsel, and what the defendant must prove in order for the court to determine if the defendant lacked the effective assistance of counsel.
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- What legal duty, if any, does the physician owe the person? Please explain in detail. Assuming that the physician has a legal duty towards the person, did the physician breach that legal duty? Please explain in detail. Assume that the physician knew that they were infected with a communicable disease and purposefully performed the CPR, although others at the scene could have performed it; what intentional tort(s), if any, has the physician committed against the person? List the tort(s.) What possible defense(s) does the physician have against a tort action by the person.Pauline Brown was shot and seriously injured by an unknown assailant in the parking lot of National Supermarkets. Pauline and George Brown brought a negligence action against National, Sentry Security Agency, and T. G. Watkins, a security guard and Sentry employee. Sentry had a security contract with National. The Browns maintained that the defendants have a legal duty to protect National’s customers both in the store and in the parking lot, and that this duty was breached. The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.Joseph M. Billy was an employee of the USM Corporation (USM), a publicly held corporation. Billy was at work when a 4,600-pound ram from a vertical boring mill broke loose and crushed him to death. Billy’s widow sued, alleging that the accident was caused by certain defects in the manufacture and design of the vertical boring mill and the two moving parts directly involved in the accident, a metal lifting arm and the 4,600-pound ram. If Mrs. Billy’s suit is successful, can the shareholders of USM be held personally liable for any judgment against USM? Explain your answer.
- 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.Jacqueline was the bookkeeper for Vop, Inc. To pay a gambling debt, Jacqueline took $5,000 in cash that was to be deposited in Vop's bank account. Jacqueline then altered Vop's accounting records to hide her actions. Which statement is correct? Jacqueline committed no crime if she puts the money back before it is discovered missing. O The government can initiate a civil lawsuit for Vop because Jacqueline's conduct was criminal. O The government can initiate a criminal case against her for embezzlement. O The government can initiate a criminal case against Vop for embezzlement.Jane Smith, age 40, is single and has no dependents. She is employed as a legal secretary by Legal Services, Inc. She owns and operates Typing Services located near the campus of Florida Atlantic University at 1986 Campus Drive, Boca Raton, FL 33434. Jane is a material participant in the business. She is a cash basis taxpayer. Jane lives at 2020 Oakcrest Road, Boca Raton, FL 33431. Jane’s Social Security number is 123-45-6781. Jane indicates that she wants to designate $3 to the Presidential Election Campaign Fund. Jane had health insurance for all months of 2018. During 2018, Jane had the following income and expense items: $100,000 salary from Legal Services, Inc. $20,000 gross receipts from her typing services business. $700 interest income from Third National Bank. $1,000 Christmas bonus from Legal Services, Inc. $60,000 life insurance proceeds on the death of her sister. $5,000 check given to her by her wealthy aunt. $100 won in a bingo game. Expenses connected with the typing…
- Explain the probable interpretation by an arbitrator of the following language. If management determines that qualifications are relatively equal among applicants’ seniority shall govern. If qualifications are equal, among bidders, seniority shall govern. If qualifications are substantially equal, among bidders, seniority shall govern. If management deems qualifications are equal among bidders, seniority shall govern.Assume for the purposes of this part of the question that Cherie is able to play, but trips and falls on some loose flooring and twists her ankle badly. One of the council employees tells her that the flooring has been loose for some time and should have been repaired. Explain the following: What is the legal case that Cherie could take against the Council? (Give full details of the principles and how they would apply in this scenario). If Cherie commenced an action, what remedies would she be seeking?Maranda says that she is fed up with the way a certain employer in Kennesaw treats employees and that she is going to sue that employer in an effort to improve matters. Although she is not a lawyer, Maranda believes that the offenses of the employer are so severe that a court will appreciate her attempt to make things better for the employees involved. Can Maranda act as plaintiff for the employees? Yes, so long as they file no objection Yes, so long as she gets permission slips from them No because venue is lacking No because she lacks standing Yes, so long as she gives any money he receives to them
- Discuss, In arbitration, what is the standard of proof in a discharge case?Find a case involving an allegation of a breach of contract and include a brief summary of the facts, the court’s decision and reasoning, and whether one should agree with the court’s decision.Michael Hauck claimed that he was discharged by his employer, Sabine Pilot Service, because he refused its direction to perform the illegal act of pumping the bilges of the employer’s vessel into the waterways. Hauck was an employee at will, and Sabine contends that it therefore had the right to discharge him without having to show cause. Hauck brought a wrongful discharge action against Sabine. Decide.Please give your answer using the IRAC format. Issue: Call of the QuestionRule: Rule of Law to be applied to properly answer the questionAnalysis: Applying the rule of law to the facts of the problem presentedConclusion: Answer to the Issue