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
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- 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.The Plaintiff, Giselle Girly requests that the Defendants, MMLP, being represented by officers, Henry (Hank) Heman, President,and Noel Fair, Vice President of Sales, answer the following questions, under oath, in accordance with Rule 33 of the Federal Rules of Civil Procedure. 1. What is the chain of command and process for hiring, firing, and promotions for MMLP?Teresa and Kensington enter into an employment contract that contains an unenforceable arbitration clause. Teresa sues Kensington, but Kensington wants the contract to remain effective. How can the court rule that the contract is still valid? a. If the contract contains an integration clause, the court may delete the unenforceable clause and enforce the rest of the contract. b. If the contract contains boilerplate, the court may delete the unenforceable clause and enforce the rest of the contract. C. If the contract contains a severability clause, the court may delete the unenforceable clause and enforce the rest of the contract. d. If the contract contains representations and warranties, the court may delete the unenforceable clause and enforce the rest of the contract.
- In eminent domain cases, an individual private party may not benefit from the government's taking of private property for a public purpose. True FalseHarman’s lawyer was successful in representing Harman in their Alberta Court of King’s Bench trial, securing a judgment of $675,000. The Justice also awarded Harman costs based on Schedule “C” of the Alberta Rules of Court, Alta Reg 124/2010 . Based on the foregoing, how much will Harman receive in Schedule “C” costs for the work their lawyer did preparing commencement documents, affidavits, pleadings and related documents and amendments? (Put answer in as a number)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.
- Sam Simpleton, a resident of Kansas, and Nellie Naive, a resident of Missouri, each bought $85,000 in stock at local offices in their home States from Evil Stockbrokers, Inc. (“Evil”), a business incorporated in Delaware, with its principal place of business in Kansas. Both Simpleton and Naive believe that they were cheated by Evil Stockbrokers and would like to sue Evil for fraud. Assuming that no Federal question is at issue, assess the accuracy of the following statements: a. Simpleton can sue Evil in a Kansas State trial court. b. Simpleton can sue Evil in a Federal district court in Kansas. c. Naive can sue Evil in a Missouri State trial court. d. Naive can sue Evil in a Federal district court in Missouri.Subject - account Please help me. Thankyou.Girly will have the burden of "going forward," meaning that she has to establish the elements of her claim. If she meets the "prima facie claim," then the defendant MMLP will have the burden that the actions taken against Girly were for a legal reason. If MMLP can meet this burden, the burden then shifts back to Girly to prove that the reason MMLP gave is a pretext (or coverup) for discrimination. (See Chapter 21, p.454) 1. Sexual Discrimination: Does Girly have a via claim for intentional sexual discrimination, that is that she is being treated differently based on her gender? Reference specific facts from the case and apply them to the law to reach your final opinion. 2. Sexual Harassment: Does Girly have a viable claim of sexual harassment against MMLP based on "quid pro quo" sexual harassment OR hostile working environment. Both types are discussed in your text.
- Federal laws such as the Gramm-Leach-Bliley Act and HIPPA, apply to claims handling and to the professional activities of the claims representative. True Falsea) Miriam went to do shopping at Bei Poa Supermarket Ltd. However, due to the slippery floor at the supermarket, she slipped and fell injuring her limbs. Miriam is aggrieved and seeks compensation from Bei Poa Supermarket Ltd., but the supermarket denies liability. Identify the applicable legal principles and advise Miriam. b) Discuss ways through which the supremacy of the Constitution of Kenya is manifestedhelp