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LAWS 310 Week 6 Course Project Final Paper | DeVry Online Help

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Week 2: Form a working definition of hydraulic fracturing. Demonstrate familiarity with how hydraulic fracturing is actually performed. Distinguish gas and oil fracturing. Show where hydraulic fracturing is currently underway in the United States, Europe, and South America.

Write a working definition of hydraulic fracturing.

Write a brief description of how the process works (25—50 words).

Chapter 8 of the president’s economic report for 2012, at page 256 details some of the economic effects of hydraulic fracturing.http://www.whitehouse.gov/sites/default/files/microsites/ERP_2012_ch_8.pdfOil fracking in the Bakken Shale in and around Williston, North Dakota has had dramatic economic effects. The May, 2012 issue of the Oil and Gas Journal had a lengthy article on the Williston boom. Using such material (and any other source material you may find) write a 2–3 paragraph summary of the economic impact of hydraulic fracturing. TIP: Try a Google search, such as .

Provide links or citations to other material you have found that might be useful in writing about the above points.

Submit your work to the Course Project Deliverables Dropbox in Week 2.

Week 3: What are the legal issues raised by hydraulic fracturing? The environmental issues? What part does (will) hydraulic fracturing play in meeting U.S. energy needs? Fracking and the Safe Drinking Water Act issues are discussed extensively in this Congressional Research Service report:http://www.arcticgas.gov/sites/default/files/documents/hydraulic-fracturing-and-safe-drinking-water-act-issues.pdf See also Chapter 8 of the president’s economic report referenced above.

The Louisiana Bar Journal Vol. 59, No. 4, page 253, reports other fracking issues. TIP: Try a Google search such as .

Isolate three or four such issues and report them in bullet-point form. Each point should state the issue and a brief explanation (no more than one paragraph).

 

Example: Dumping toxic waste—Uncontrolled dumping of toxic waste into waterways has created dead zones (places where marine and aquatic life cannot survive) worldwide, including an area in the Gulf of Mexico the size of Lake Ontario.

Provide links or citations to at least two other sources you have found that will be useful in writing about the above points. Submit your work to the Course Project Deliverables Dropbox in Week 3.

Week 4: Briefly, in 2–3 paragraphs, answer the following: What is Pennsylvania Act 13? Compare it to Vermont’s May 2012 legislation: http://www.leg.state.vt.us/docs/2012/Bills/Intro/H-464.pdf Compare these with the New York State decision on local control of fracking found in Doc Sharing at <middlefield_decision.pdf.>.

Using the studies, such as The Final Report on Unconventional Gas in Europe, write a brief 1–2 paragraph statement that discusses at least one specific country’s regulations (see page 5 for general information and pages 48, 49, and 50 for country-specific information.) TIP: Try a Google search, such as .

On April 13, 2012, President Obama issued this executive order; briefly, in 1–2 paragraphs, explain what the order provides. You can find the executive order at this address (or look in Doc Sharing).

http://www.whitehouse.gov/the-press-office/2012/04/13/executive-order-supporting-safe-and-responsible-development-unconvention

Provide links or citations to at least two other sources you have found that will be useful in writing about the above points. Submit your work to the Course Project Deliverables Dropbox in Week 4.

Week 6—Submit your final paper by placing it in the Dropbox for Week 6.

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LAWS 310 Week 5 Homework

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This week, our course presents a Case Study for your analysis about professional responsibilities and decision-making during an attempt by one company to gain control of another. Read the Case Study, then review Tender Offers (page 430—431). You will also want to review the Business Judgment Rule (page 391). You will find the facts of the case and the questions you need to address under the Case Study tab in Week 5.

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LAWS 310 Week 3 You Decide | DeVry Online Help

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Who’s to Blame?Summary

Negligence is a particular type of tort action that involves something the law calls a “duty of care.” The standard of care depends on the facts and circumstances of the case but, generally, the duty of care, in its broadest sense, means each of us should behave responsibly and sensibly, in the way a reasonable person would behave.

To be guilty of negligence, a defendant in a lawsuit must breach that duty of care, and the breach of duty must be the cause of harm to the plaintiff.

The law looks at two types of causation—actual cause and proximate cause. Often, injury and harm is the result of a chain of events. The person who is the actual cause may or may not be legally responsible. Proximate cause is that act in the natural, direct, uninterrupted sequence of events without which the injury would not have occurred. Proximate cause seeks to decide who, in that chain of events, is responsible for the harm. This can get complicated.

First case: Henry runs the red light and, as a result, collides with Mary’s car which is proceeding lawfully through the intersection, injuring Mary. Henry’s negligence is both the actual and proximate cause of Mary’s injury.

Second case: Henry is stopped at the red light. Marvin is talking on his cell phone and fails to stop his car, rear-ending Henry, and sending his car into the intersection where it collides with Mary’s car, injuring Mary. Henry is the actual, but not the legal cause, of Mary’s injury. Marvin’s actions are the proximate cause of Mary’s injury; his actions are the actual cause, sometimes called the “cause in fact”, of the harm.

In order to properly consider the following problem, you should review the material in your text at pages 296 and 297; read Herrara et al v. Quality Pontiac; review McCollum v. CBS, especially Part 2 (a) of the opinion, which you will find in Doc Sharing.

Scenario

Susie Marks was seriously injured when the truck in which she was riding failed to negotiate a left turn. On the evening in question, Susie got a ride with Orson to the Elsewhere City Park, where she met her friend, Jerry, and his girlfriend, Kate. Orson said he would pick Susie up at 11:00 p.m. when the park closed. Jerry was a minor who had only been licensed to drive for a few months. He was driving a small truck, the bed of which was covered by a camper shell.

At 11:00 p.m. they were approached by Officer Ruthless of the Elsewhere Police Department, who told them they had to leave the park since there was a curfew and the park was closing. Jerry and Kate got into the truck and Ruthless told Susie to get in the back of the truck. (This state allowed people to ride in the backs of camper trucks without seatbelts.)

Susie told Ruthless she wanted to wait for Orson, or she could walk home, but Ruthless told her to get in the truck. Ruthless told Jerry: “Get everybody out of here,” and that “if you guys don’t get out of here, curfew will be enforced.”

After leaving the park, Jerry made two stops, one just four doors down from Susie’s house. Susie did not leave the truck. Jerry lost control of his truck while making a left turn and Susie was seriously injured when the truck overturned. Approximately one-half hour ensued between the time the group left the park area and the time of the accident.

Following the accident, Susie filed a complaint against the City of Elsewhere, Ruthless, and a number of other defendants. The complaint alleged that the City and Ruthless were liable because Ruthless had negligently ordered Suzie to ride in the back of the truck.

Your Role/Assignment

You are the judge in the case. Does Susie have a case against Ruthless? Is Ruthless the proximate cause of Susie’s injuries?

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LAWS 310 Week 2 Homework | DeVry Online Help

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Ed Minichiello v. Supper Club on page 173 in the text. Answer Question 3.

Chapter 5: Answer Question 7 and Question 8, part (a) and part (b).

Submit your assignment to the Dropbox located on the silver tab at the top of this page. For instructions on how to use the Dropbox, read these step-by-step instructions or watch this Dropbox Tutorial.

See the Syllabus section “Due Dates for Assignments & Exams” for due date information

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LAWS 310 Week 1 Homework | DeVry Online Help

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Page 70—Question 1a. (Be sure to read the case this is based on, “Are Layoffs Unethical”, which begins on page 69)

Page 70—Question 2a. (Be sure to read the case this is based on, “Are Layoffs Unethical”, which begins on page 69)

Page 136—Question 9, parts A, B, and C. In answering the parts of this question, keep in mind the distinctions among actions which are legal, actions which are ethical, and actions which are customary, simply because of the social or political order in which we live.

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LAWS 310 Week 5 Simulation | DeVry Online Help

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Simulation: Sexual harassment lawsuit

This simulation involves a hearing at the trial court level on a motion for summary judgment in a case involving the employer’s liability for alleged sexual harassment.

Motion

Before a case goes to trial, the parties use various motions to refine and define the issues. One such motion is the Motion for Summary Judgment. In this case, the employer’s Motion for Summary judgment claims that the employee has failed to state sufficient facts for a jury to be able to decide that a) the conduct complained of constitutes sexual harassment and b) the employee who allegedly is guilty of harassment is a “supervisor”, and c) that the company maintained a “hostile workplace.”

Briefs

Motions for Summary Judgment are submitted in writing and are supported by written arguments, called Briefs. Judges will look at the motions, the briefs, and any other sworn statements that parties have made, such as oral depositions or sworn answers to discovery (see page 171 in your text) and will also hear oral argument from the parties’ attorneys on the issues raised in the motion.

The Facts

The moving party, in this case Big Car Company, is attempting to convince the judge that its employee, Clarence, did not sexually harass Maybelle Darcy, and that Clarence is not a supervisor. To win its point, Big Car must convince the judge the facts stated by Ms Darcy are not sufficient at law to constitute sexual harassment, are not sufficient at law to show that there was a “hostile work environment” and are not sufficient at law to show that Clarence is a supervisor.

Ms Darcy, in order to get her case to a jury, must convince the judge of the opposite.

Supervisors and middle managers are routinely named as defendants in sexual harassment cases. The awards can be quite large. The cases themselves can take many years to resolve. The case upon which this simulation is based was in litigation for three full years.

Before Watching

Before you watch the simulation, review the material covered in points A, B and C that follow. Watch the simulation, then complete the assignment below.

You will need to review pages 576-583 of your text, which discusses the law of sexual harassment.In Faragher v. City of Boca Raton, 524 U.S. 775 and Harris v. Forklift Systems, 510 U.S. 17, the Supreme Court set out tests for “hostile workplace.” The full opinions can be found in Doc Sharing

We directed courts to determine whether an environment is sufficiently hostile or abusive by “looking at all the circumstances,” including the “frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.”. Most recently, we explained that Title VII does not prohibit “genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex.”…”simple teasing,” offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the “terms and conditions of employment.”

(It is not) “the ordinary tribulations of the workplace, such as the sporadic use of abusive language, gender-related jokes, and occasional teasing.” Faragher

“…in assessing a hostile environment claim, the totality of the circumstances must be examined, including “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Harris v. Forklift

Conduct must be objectively offensive to a “reasonable person” and seen as subjectively offensive by the person claiming sexual harassment.

EEOC Enforcement Guidance Bulletin on Vicarious Employer Liability for Unlawful Harassment by Supervisors (the full text can be found in Doc Sharing) states the Supreme Court has made clear that employers are subject to vicarious liability for unlawful harassment by supervisors. The bulletin gives the following information on who is a “supervisor”. (The entire bulletin can be found in Doc Sharing)

An individual qualifies as an employee’s “supervisor” if:

the individual has authority to undertake or recommend tangible employment decisions affecting the employee; orthe individual has authority to direct the employee’s daily work activities.1.Authority to Undertake or Recommend Tangible Employment Actions

“Tangible employment decisions” are decisions that significantly change another employee’s employment status. Such actions include, but are not limited to, hiring, firing, promoting, demoting, and reassigning the employee. An individual whose job responsibilities include the authority to recommend tangible job decisions affecting an employee qualifies as his or her supervisor even if the individual does not have the final say. As long as the individual’s recommendation is given substantial weight by the final decision maker(s), that individual meets the definition of supervisor.

2.Authority to Direct Employee’s Daily Work Activities

An individual who is authorized to direct another employee’s day-to-day work activities qualifies as his or her supervisor even if that individual does not have the authority to undertake or recommend tangible job decisions.

On the other hand, someone who merely relays other officials’ instructions regarding work assignments and reports back to those officials does not have true supervisory authority. Furthermore, someone who directs only a limited number of tasks or assignments would not qualify as a “supervisor.”

AssignmentAfter listening to the simulation and considering the points discussed in the introduction, write a 300-500 word paper in which you

1. State whether you agree with the Judge’s decision; give reasoning for your answer
2. State how, if you were a juror on this case, you would decide; i.e., would you find that

Clarence was a supervisorClarence’s conduct constituted sexual harassment andthere was a hostile workplace environment.
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LAWS 310 Week 4 Homework

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Chapter 12, question 12, page 547. Your answer should, at a minimum, show that you understand the meaning of the term “at-will employee” and what possible restrictions an employer might have on dismissing an at-will employee.

Chapter 13, question 16, page 600, parts (a) and (b).

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LAWS 310 Week 3 Course Project | DeVry Online Help

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What are the legal issues raised by hydraulic fracturing? The environmental issues? What part does (will) hydraulic fracturing play in meeting U.S. energy needs? Fracking and the Safe Drinking Water Act issues are discussed extensively in this Congressional Research Service report:http://www.arcticgas.gov/sites/default/files/documents/hydraulic-fracturing-and-safe-drinking-water-act-issues.pdf See also Chapter 8 of the president’s economic report referenced above.

The Louisiana Bar Journal Vol. 59, No. 4, page 253, reports other fracking issues. TIP: Try a Google search such as .

Isolate three or four such issues and report them in bullet-point form. Each point should state the issue and a brief explanation (no more than one paragraph).

 

Example: Dumping toxic waste—Uncontrolled dumping of toxic waste into waterways has created dead zones (places where marine and aquatic life cannot survive) worldwide, including an area in the Gulf of Mexico the size of Lake Ontario.

Provide links or citations to at least two other sources you have found that will be useful in writing about the above points. Submit your work to the Course Project Deliverables Dropbox in Week 3.

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LAWS 310 Week 2 Course Project | DeVry Online Help

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Week 2: Form a working definition of hydraulic fracturing. Demonstrate familiarity with how hydraulic fracturing is actually performed. Distinguish gas and oil fracturing. Show where hydraulic fracturing is currently underway in the United States, Europe, and South America.

Write a working definition of hydraulic fracturing.

Write a brief description of how the process works (25—50 words).

Chapter 8 of the president’s economic report for 2012, at page 256 details some of the economic effects of hydraulic fracturing.http://www.whitehouse.gov/sites/default/files/microsites/ERP_2012_ch_8.pdfOil fracking in the Bakken Shale in and around Williston, North Dakota has had dramatic economic effects. The May, 2012 issue of the Oil and Gas Journal had a lengthy article on the Williston boom. Using such material (and any other source material you may find) write a 2–3 paragraph summary of the economic impact of hydraulic fracturing. TIP: Try a Google search, such as .

Provide links or citations to other material you have found that might be useful in writing about the above points.

Submit your work to the Course Project Deliverables Dropbox in Week 2.

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LAWS 310 Entire Course | DeVry Online Help

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