ugly and told Raven that she "looked silly" in them. Raven was extremely offended by Setareh's statement, and decided to sue. Setareh admits that the incident occurred, but believes there are no grounds for a case to be made. What is Setareh's best course of action to avoid liability under this lawsuit? O File a motion for summary judgement. File a motion or other pleading seeking to have a jury trial. O File a notice as to the service of process. File a declaration contending the absence of default. O File a motion to dismiss.
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In this scenario, Setareh expresses her view about her buddy Raven's recently purchased pair of brown pants by using the adjective "silly." Raven, however, decides to take legal action after being severely hurt by Setareh's remarks. Setareh admits to the occurrence but says there are no grounds for a lawsuit. This creates a legal quandary, raising concerns regarding the proper course of action for Setareh to follow in order to avoid potential culpability in the case. We will investigate the possibilities presented, each of which offers a unique legal strategy for Setareh to pursue in dealing with the problem.
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- 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 FalseHenry is driving his car when suddenly the brakes fail. He is unable to stop and crashes into a motor cycle ridden by Susan who is not wearing an helmet. The motor cycle is damaged and Susan is severely injured. Using at least two decided cases, advice all parties of their legal positions in civil law. B. Distinguish between assault and battery. Use appropriate examples and case law to substantiate your answer.
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- Rim Corporation makes tire rims that it sells to Superior Vehicles, Inc., which installs them on cars. One set ofrims is defective, which an inspection would reveal. Superior does not inspect the rims. The car with the defectiverims is sold to Town Auto Sales, which sells the car toUri. Soon, the car is in an accident caused by the defective rims, and Uri is injured. Is Superior Vehicles liable?Explain your answer. (See Strict Product Liability.)James W. Newton, Jr., is an accomplished avant-garde jazz composer and flutist. Newton wrote a composition for the song “Choir,” a piece for flute and voice that incorporated elements of African American gospel music. Newton owns the copyright to the composition “Choir.” The Beastie Boys, a rap and hip-hop group, used six seconds of Newton’s “Choir” composition in their song “Pass the Mic” without obtaining a license from Newton to do so. Newton sued the Beastie Boys for copyright infringement. The Beastie Boys defended, arguing that their use of six seconds of Newton’s song was de minimis and therefore fair use. Does the incorporation of a short segment of a copyrighted musical composition into a new musical recording constitute fair use, or is it copyright infringement? Explain your answer.Now explain what would be Harvey's best argument in response to the argument on provocation? In other words, argue on behalf of Harvey that there was no provocation of the dog. (Messa v. Sullivan)